1. Agreement to Terms
By accessing or using AI Call Center 360 ("AICC360," "Service," "Platform"), operated by Houston IT Developers LLC ("Company," "we," "us," or "our"), you ("Customer," "Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Service.
2. Description of Service
AICC360 is an artificial intelligence-powered call center platform that provides automated customer service, lead generation, appointment scheduling, and related telecommunications services. Our AI agents handle inbound and outbound calls on behalf of our clients to improve customer engagement and operational efficiency.
3. Eligibility and Account Registration
3.1 Eligibility
- You must be at least 18 years old and legally capable of entering into binding contracts
- You must provide accurate, current, and complete information during registration
- You represent that you have the authority to bind your organization to these Terms
3.2 Account Security
- You are responsible for maintaining the confidentiality of your account credentials
- You must notify us immediately of any unauthorized access to your account
- You are liable for all activities that occur under your account
4. Acceptable Use Policy
4.1 Permitted Uses
You may use AICC360 for legitimate business purposes including:
- Customer service and support
- Lead generation and qualification
- Appointment scheduling
- Order processing and follow-up
- Market research and surveys (with proper consent)
4.2 Prohibited Uses
You may not use AICC360 for:
- Illegal activities or violation of applicable laws
- Harassment, abuse, or threatening communications
- Spam, unsolicited marketing, or robocalls without proper consent
- Impersonation of others or misrepresentation of your identity
- Collection of personal information without consent
- Activities that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar regulations
- Political campaigning or lobbying (unless specifically contracted)
- Adult or inappropriate content
- Financial fraud or deceptive practices
5. Compliance and Regulatory Requirements
5.1 Telecommunications Compliance
- You must comply with all applicable federal, state, and local telecommunications laws
- You are responsible for obtaining necessary consent for outbound calls
- You must maintain proper Do Not Call (DNC) list compliance
- You must respect call frequency limitations and time restrictions
5.2 Data Protection
- You must comply with applicable data protection laws including GDPR, CCPA, and HIPAA where applicable
- You are responsible for obtaining necessary consents for data processing
- You must implement appropriate data security measures for any data shared with our platform
6. Service Level and Availability
6.1 Service Commitment
- We strive to maintain 99.5% uptime for our platform
- Scheduled maintenance will be announced at least 24 hours in advance
- Emergency maintenance may be performed without prior notice
6.2 Service Limitations
- Call quality may vary based on network conditions and third-party providers
- AI responses are generated automatically and may occasionally be imperfect
- Service availability may be affected by factors beyond our control
7. Pricing and Payment Terms
7.1 Fees and Billing
- Service fees are based on your selected plan and usage metrics
- All fees are quoted in U.S. dollars and are subject to change with 30 days written notice
- Pricing changes will not affect existing prepaid periods
- All amounts are exclusive of applicable taxes, which you are responsible for
7.2 Payment Terms
- Payment is due in advance for all subscription plans
- Usage-based charges are billed monthly in arrears and due immediately upon invoice
- Payment methods accepted include credit card, ACH transfer, and wire transfer
- Late payments incur a 1.5% monthly service charge and may result in immediate service suspension
7.3 No Refunds Policy
ALL FEES PAID ARE FINAL AND NON-REFUNDABLE. This includes but is not limited to:
- Monthly or annual subscription fees
- Setup fees and onboarding costs
- Usage-based charges for calls, messages, or AI interactions
- Overage fees and premium feature charges
- Fees paid for any reason, including service dissatisfaction, early termination, or unused services
7.4 Credits and Account Balance
- Account credits, if any, are non-transferable and non-refundable
- Credits do not carry over upon account deactivation, termination, or downgrade to free/unpaid plans
- Failure to maintain an active paid subscription constitutes account deactivation for credit purposes
- Unused credits expire immediately upon service termination regardless of reason
- Credits cannot be converted to cash or applied to future invoices after account closure
7.5 Free Trial and Plan Changes
- Free trials are limited to new customers only and subject to usage restrictions
- Downgrading to a free or unpaid plan results in immediate loss of all accumulated credits
- Plan upgrades take effect immediately; downgrades take effect at the next billing cycle
8. Data and Privacy
8.1 Data Collection
- We collect and process data necessary to provide our services
- Call recordings and transcripts may be stored for quality assurance and training
- We implement industry-standard security measures to protect your data
8.2 Data Ownership
- You retain ownership of your customer data and business information
- We may use aggregated, anonymized data for service improvement
- Upon termination, we will delete or return your data as requested
8.3 Confidentiality
- We maintain strict confidentiality regarding your business information
- Our employees and contractors are bound by confidentiality agreements
- We will not disclose your data to third parties except as required by law
9. Intellectual Property
9.1 Our Rights
- AICC360 platform, AI models, and associated technology are our proprietary property
- Our trademarks, logos, and branding materials are protected intellectual property
- You may not reverse engineer, copy, or create derivative works of our platform
9.2 Your Rights
- You retain all rights to your business data and customer information
- You grant us a limited license to use your data solely for providing services
- Any feedback or suggestions you provide may be used by us without compensation
10. Limitation of Liability
10.1 Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSTON IT DEVELOPERS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT AND QUIET ENJOYMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
- UNINTERRUPTED OR ERROR-FREE OPERATION
- COMPATIBILITY WITH YOUR SYSTEMS OR THIRD-PARTY SERVICES
- ACHIEVEMENT OF YOUR BUSINESS GOALS OR EXPECTED RESULTS
10.2 Comprehensive Liability Limits
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE LESSER OF: (a) $1,000, OR (b) THE TOTAL AMOUNT PAID BY YOU IN THE 3 MONTHS IMMEDIATELY PRECEDING THE CLAIM
- THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE)
- THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
- THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US
10.3 Excluded Damages
UNDER NO CIRCUMSTANCES SHALL HOUSTON IT DEVELOPERS LLC BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
- DATA LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS
- BUSINESS INTERRUPTION OR DOWNTIME
- COST OF SUBSTITUTE SERVICES OR PROCUREMENT
- DAMAGE TO REPUTATION OR GOODWILL
- REGULATORY FINES OR PENALTIES
- THIRD-PARTY CLAIMS OR DEMANDS
- ANY DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU FOR THE SERVICE
10.4 AI Technology Limitations
YOU ACKNOWLEDGE AND AGREE THAT:
- AI technology is evolving and may produce imperfect or unexpected results
- We cannot guarantee the accuracy, appropriateness, or effectiveness of AI responses
- You are solely responsible for monitoring and controlling AI interactions with your customers
- We are not liable for any consequences arising from AI-generated content or decisions
11. Comprehensive Indemnification
11.1 Customer Indemnification Obligations
You agree to indemnify, defend, and hold harmless Houston IT Developers LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:
- Your use or misuse of the Service
- Your violation of these Terms or any applicable law or regulation
- Your breach of any representation, warranty, or covenant made herein
- Any content, data, or information you provide or transmit through the Service
- Your infringement or violation of any third-party rights (including intellectual property, privacy, or publicity rights)
- Any calls, messages, or communications made using our Service
- Any regulatory violations including but not limited to TCPA, CAN-SPAM, or telemarketing regulations
- Any disputes between you and your customers or third parties
- Any negligent or wrongful acts or omissions by you or your agents
- Any data breaches or security incidents involving your data or systems
11.2 Defense and Settlement
- You must provide us with prompt written notice of any claim subject to indemnification
- We reserve the right to assume the exclusive defense and control of any matter subject to indemnification
- You may not settle any claim without our prior written consent
- You will provide reasonable cooperation in the defense of any such claims
11.3 Survival
These indemnification obligations will survive termination of these Terms and continue indefinitely.
12. Termination and Account Deactivation
12.1 Termination by Customer
- You may terminate your account at any time by providing 30 days written notice
- Termination does not relieve you of payment obligations for services already provided or contracted
- No refunds will be provided for unused services, prepaid fees, or remaining subscription periods
- You remain liable for all charges incurred through the effective termination date
12.2 Termination by Houston IT Developers LLC
We may suspend or terminate your account immediately, with or without notice, for any reason including but not limited to:
- Violation of these Terms or any applicable policies
- Non-payment of fees or disputed chargebacks
- Illegal, harmful, or abusive activities
- Risk to our platform, other users, or business operations
- Failure to maintain required insurance or regulatory compliance
- Breach of any representation or warranty
- Our decision to discontinue the Service or your access thereto
12.3 Account Deactivation Events
Your account will be considered deactivated and subject to immediate service termination upon:
- Downgrading to or maintaining a free/unpaid plan
- Failure to maintain an active paid subscription for any reason
- Non-payment beyond the grace period
- Voluntary account closure
- Violation of acceptable use policies
- Our termination of your access
12.4 Effect of Termination or Deactivation
Upon termination or deactivation:
- All account credits, unused balances, and prepaid services are immediately forfeited with no refund
- Access to the Service and your data will cease immediately
- We may delete your data after 30 days (or immediately for cause-based terminations)
- All payment obligations remain due and payable
- You must cease all use of our intellectual property
- Sections relating to payment, indemnification, liability limitations, and dispute resolution survive indefinitely
12.5 No Reinstatement Rights
Once deactivated or terminated, you have no right to reinstatement of credits, data, or service without our express written consent and payment of any reactivation fees.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
13.2 Mandatory Binding Arbitration
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, NOT LITIGATION.
This includes but is not limited to contract disputes, tort claims, statutory violations, intellectual property disputes, privacy claims, and consumer protection claims.
Arbitration Procedures:
- Arbitration shall be conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA)
- The arbitration venue shall be Houston, Texas, or conducted virtually at our discretion
- Each party bears their own costs and attorneys' fees regardless of outcome
- The arbitrator's decision is final and binding with very limited appeal rights
- Any award may be entered as a judgment in any court of competent jurisdiction
13.3 Class Action and Collective Relief Waiver
YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
All disputes must be resolved individually. You cannot participate as a plaintiff or class member in any class action lawsuit, seek relief that would affect other customers, consolidate your claims with those of any other person, or participate in any collective or representative arbitration.
13.4 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HOUSTON IT DEVELOPERS LLC WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
14. Modifications and Updates
14.1 Terms Changes
- We may modify these Terms at any time by posting updated terms on our website
- Continued use of the Service after modifications constitutes acceptance
- Material changes will be communicated via email or platform notification
14.2 Service Updates
- We may update, modify, or discontinue features of the Service
- We will provide reasonable notice for material changes that affect functionality
15. General Provisions
15.1 Entire Agreement
These Terms constitute the entire agreement between you and Houston IT Developers LLC regarding the Service.
15.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
15.3 Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
15.4 Force Majeure
Neither party is liable for delays or failures due to causes beyond reasonable control.
16. Contact Information
For questions about these Terms or our Service, please contact:
Houston IT Developers LLC
AI Call Center 360
Email: legal@aicc360.com
Phone: [Insert Phone Number]
Address: [Insert Business Address]
Houston, Texas
By using AI Call Center 360, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.