Terms of Service

1. Agreement to Terms

By accessing or using the Afterhours AI platform ("Service") provided by Afterhours AI ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Account Creation

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must be at least 18 years old to create an account. You agree to notify us immediately of any unauthorized use of your account.

3. Service Description

Afterhours AI provides an AI-powered voice agent platform for real estate professionals. The Service includes automated call answering, lead qualification, appointment scheduling, CRM integration, call recording, transcription, and analytics. The AI voice agent is an automated system, not a human operator.

3.1 AI Disclosure

You acknowledge and agree that our AI voice agent will identify itself as an AI assistant when directly asked by a caller. This disclosure is required by applicable regulations and cannot be disabled. You may not configure the AI to misrepresent itself as a human when directly asked.

3.2 Call Recording

The Service records voice calls for quality assurance and record- keeping purposes. It is your responsibility to ensure that call recording complies with all applicable federal, state, and local laws, including but not limited to one-party and two-party consent requirements. Our AI agent includes a recording disclosure in its greeting, but you are ultimately responsible for compliance with recording consent laws in your jurisdiction.

3.3 Fair Housing Compliance

The AI voice agent includes built-in Fair Housing Act guardrails that prevent the AI from making statements about protected classes, including race, color, religion, national origin, sex, disability, and familial status. The AI will not comment on school districts, crime statistics, neighborhood demographics, or other topics that could constitute steering or discrimination. You agree not to attempt to circumvent these protections through custom scripts or configuration.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation, including the Telephone Consumer Protection Act (TCPA), Fair Housing Act, or state telemarketing laws
• Make unsolicited calls or automated calls without proper consent from the called party
• Harass, threaten, defame, or discriminate against any person
• Attempt to circumvent Fair Housing compliance guardrails or configure the AI to make discriminatory statements
• Configure the AI to deny being an AI when directly asked
• Transmit malware, viruses, or any code designed to interfere with the Service
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service
• Resell, sublicense, or provide access to the Service to third parties without our written consent, unless you are on a Command plan with white-label features enabled
• Use the Service for any purpose other than legitimate real estate business communications

5. Billing and Payments

5.1 Subscription Plans

The Service is offered on a subscription basis with monthly or annual billing. Subscription fees are billed in advance. Usage- based charges (conversation overages) are billed in arrears at the end of each billing period.

5.2 Free Trial

New accounts may be eligible for a 14-day free trial. At the end of the trial period, your subscription will begin and your payment method will be charged unless you cancel before the trial ends. You will receive a reminder email 3 days before your trial expires.

5.3 Payment Failure

If a payment fails, we will notify you by email and provide a 7-day grace period to update your payment method. If payment is not received within the grace period, your AI agent will be paused and incoming calls will not be answered until payment is resolved.

5.4 Refunds

Subscription fees are non-refundable except as required by applicable law. If you cancel during the free trial period, you will not be charged.

6. Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation:

• Your Service will remain active until the end of the current billing period
• Your phone number will be released at the end of the billing period
• Call recordings and transcripts will be retained for 90 days after cancellation, then permanently deleted
• You may export your data before cancellation through the dashboard
• No partial refunds are issued for unused time in the current billing period

7. Intellectual Property

The Service, including its design, features, code, AI models, and documentation, is owned by Afterhours AI and protected by copyright, trademark, and other intellectual property laws. You retain ownership of your data, including call recordings, transcripts, lead information, and custom scripts. By using the Service, you grant us a limited license to process your data solely for the purpose of providing the Service.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the data practices described in the Privacy Policy.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTERHOURS AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF LEADS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE AI AGENT, CALL QUALITY, OR INTEGRATION FUNCTIONALITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Afterhours AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, including TCPA, Fair Housing Act, or recording consent laws; or (d) any claim that your use of the Service infringed or violated a third party's rights.

11. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation by contacting us at legal@getafterhours.ai. If the dispute cannot be resolved informally within 30 days, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the state of your primary business address. Each party shall bear its own costs.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service and cancel your account.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@getafterhours.ai
• Website: getafterhours.ai