Terms of Service

These Terms of Service ("Terms") are an agreement between AI Scaling, LLC ("AI Scaling", "we", "us") and the business that opens an account ("you"). They cover the AI Scaling software, Otto (our built-in AI agent), and the phone, texting, email, payment and connected-app features that come with it (together, the "Service").

The person who accepts these Terms confirms that they are allowed to agree to them for the business. If you don't agree, please don't use the Service.

AI Scaling, LLC is a Delaware limited liability company. Its address is 8 The Green, Suite D, Dover, DE 19901.

The Service is for businesses. It is not meant for personal, family or household use.

You need an account to use the Service. Keep your sign-in details private and tell us through the form on our website right away if you think someone got into your account without permission.

You can add your team members to your workspace. There is no charge per person. You are responsible for what everyone you add does in your workspace, including the settings they choose for Otto.

You can also add guests. Guests see only what you share with them and cannot change Otto's settings.

The person who opened the account, or someone they name, can manage billing and close the account.

Your subscription includes every part of the Service: phones with an AI receptionist, one inbox for calls, texts and email, customers and pipeline, booking, forms, contracts and e-sign, invoices and payments, email campaigns, tables, dashboards, automations, tasks and meeting notes, and Otto working across them.

We improve the Service often. We may add, change or remove features. If we remove one of the parts listed above, or change it in a way that makes it clearly worse for you, we will tell you at least 30 days ahead and you may cancel before the change and get a pro-rated refund of any month you have paid ahead.

Some features depend on other companies, such as phone carriers, payment processors, AI model providers and the apps you connect. When one of them changes or stops its service, the matching feature may change too.

The subscription

The subscription costs $4,997 a month for your whole team, plus any tax that applies. There is no setup fee, no per-user fee and no add-on to buy. We charge the card or bank account you give us each month, in advance, on the day your subscription started.

What is billed by use

Phone numbers, call minutes and text messages are billed by use. We show you the rate for each before you turn it on. Use from one month is added to the next month's bill, listed line by line.

When your customers pay you through the Service, two fees are taken from each payment: the payment processor's fee, and AI Scaling's platform fee of 10% of the payment. We show you both before you turn payments on.

Price changes

We may change the subscription price or a usage rate. We will tell you at least 30 days before the change applies to you. If you don't want to pay the new price, you can cancel before it starts.

If a payment fails

If we can't collect a payment, we will tell you and try again. If it is still unpaid 14 days later, we may pause the Service until it is paid. We will not delete your data because of a late payment without first giving you the chance to export it.

Your subscription runs one month at a time and renews each month until you cancel. There is no yearly commitment and no fee for leaving early.

You can cancel online from your account settings at any time. You do not need to call us. Your cancellation takes effect at the end of the month you have already paid for, and we will not charge you again. Usage from your last month is billed once, after it ends.

Because you pay one month at a time, we don't refund part of a month you have already started, except where these Terms or the law say otherwise.

We may end your subscription with at least 30 days' notice for any reason, and we will refund any month you have paid ahead. We may suspend or end it sooner if you seriously break these Terms, as described in "Suspension and ending" below.

A person from our team sets up your workspace with you. Most owners are live within 7 days of their setup call.

"Live" means all three of these are true: your business phone number rings through to Otto; your customers and open jobs are in the Service; and you have sent at least one quote or invoice from it.

Seven days is a target, not a guarantee, and no fee, credit or refund depends on it. Some things take longer for reasons outside our control, such as waiting on your files, your old provider, or a carrier's registration review. If your setup will take longer, we tell you why and when to expect it.

Otto is an AI agent built into the Service. He can read your workspace, draft messages, quotes and documents, update records, and take actions in the Service and in apps you connect.

You control what he may do

You choose a mode for your workspace. In the default mode, Otto may edit records on his own, and anything sent to a customer, any booking, and any bulk change or delete waits for a person on your team to approve it. Other modes ask before every change, or let everything run without asking. Anyone on your team who isn't a guest can change the mode.

If you choose a mode or a setting that lets Otto act without asking, you are responsible for what he does under it, as if a member of your team had done it.

Check his work

AI can be wrong. Otto may misread a message, use an out-of-date price, or write something you would not say. Review what you approve. Otto does not give legal, medical, dental, tax or financial advice, and nothing he writes is that kind of advice.

Undo and its limits

You can undo many changes Otto made in your workspace. You can't undo a message, call, booking request, e-sign request or payment once it has gone out.

Money

Otto can't charge a card, issue a refund or cancel a payment.

A record of his actions

We keep a log of Otto's actions in your workspace so you can see what he did and when.

Consent to contact

You are responsible for having the consent the law requires before you or Otto text or call someone, including under the Telephone Consumer Protection Act and state laws. This matters most for marketing messages and for calls made with an artificial or prerecorded voice, which need prior express consent. Don't use the Service to send messages to people who have not agreed to hear from you.

Opting out

Texts sent through the Service include an opt-out line, and replies such as STOP are honored automatically. Don't try to get around this, and don't contact anyone again after they opt out, except as the law allows.

Carrier registration

US carriers require businesses that text to register (A2P 10DLC). You agree to give us true and complete details for that registration and to keep them up to date. Carriers decide whether to approve a registration and how long it takes.

Recording calls

Some states require everyone on a call to agree before it is recorded. When call recording is on, the Service plays a notice that the call may be recorded. You are responsible for deciding whether to turn recording on and for following the recording laws that apply to you and your callers.

Emergency calls

The Service is not a replacement for a regular phone line for emergencies. Don't rely on it to call 911 or other emergency services.

Phone numbers

Phone numbers we give you are provided through our carrier partners.

This section covers texts that AI Scaling, LLC sends you itself. It applies to anyone who opts in, whether or not they have an account.

Program description and consent

When you expressly opt in, by checking an unchecked text-message consent box on one of our forms or by giving documented verbal consent during a call, AI Scaling, LLC may send you SMS messages about your application, appointment reminders, booking confirmations, scheduling, and account notifications. Message frequency varies. Message and data rates may apply. Your consent is voluntary and is not a condition of purchase.

Opt-out and support

Reply STOP to any message to opt out. Reply HELP for help. You can also reach a person through the Talk to a person form on our website. After you send STOP, we may send one confirmation message and will stop further SMS messages unless you opt in again.

Carrier and privacy terms

Mobile carriers are not liable for delayed or undelivered messages. Participation is subject to our Privacy Policy, including its restriction on sharing mobile opt-in information and SMS consent for marketing or promotional purposes.

When you collect payments from your customers through the Service, the payments are processed by Stripe. You may need to accept Stripe's own terms and give Stripe information about your business. Stripe, not AI Scaling, decides whether to approve your account and when to pay out.

Each payment also carries AI Scaling's 10% platform fee, as described in "Price, billing and use" above.

You are responsible for refunds, disputes and chargebacks from your customers, and for the prices and terms you offer them.

You can connect other apps to the Service, such as your email, calendar, accounting software or the tools you are moving from. Some connections are made through our integration partner. When you connect an app, you allow us and Otto to read and act in it to the extent you approve when you connect it.

Connected apps are run by other companies under their own terms and privacy policies. We are not responsible for them, for changes they make, or for data once it is in them.

"Your data" means everything you or your team put into the Service or that comes into it on your behalf, such as customers, messages, call recordings, transcripts, files, invoices and settings. You own your data.

You give us permission to store, copy, process and display your data only as needed to run the Service for you, keep it secure, fix problems, follow the law, and do what you ask us to do. This includes sending it to the companies that help us run the Service, listed in our Privacy Policy.

We may use data about how the Service is used, with your business and people removed, to improve the Service.

You can export your contacts as a spreadsheet and any table as CSV or Excel at any time. After your subscription ends, we keep your data for 30 days so you can export it, then delete it, except copies we must keep by law or that are in backups, which are deleted on their normal schedule.

You are responsible for having the right to put your data in the Service, including your customers' personal information, and for telling your customers how you use the Service where the law requires it.

We do not currently sign business associate agreements under HIPAA. If you are a covered entity or business associate under HIPAA, don't store or send protected health information through the Service.

Don't put payment card numbers, Social Security numbers, bank passwords or similar highly sensitive information into messages, notes, tables or files, except in the payment fields built for it.

We don't currently hold a SOC 2 report.

You agree not to, and not to let anyone else:

• send spam, unwanted marketing or messages to people who haven't agreed to receive them;
• make calls or send texts that break telemarketing, robocall or consumer-protection laws;
• use Otto or the Service to deceive people, including by pretending a message came from someone else;
• put unlawful, harmful or infringing content in the Service;
• try to get into another business's data, or test, probe or attack the Service, except by reporting a problem through the Talk to a person form on our Get started page;
• copy, resell or rent the Service, or use it to build a competing product;
• use the Service in a way that could harm it, its users or the carriers and companies we rely on.

We use technical and organizational measures designed to protect your data, described on our Security page. No system is perfectly secure. If we learn that your data was accessed without permission, we will tell you without undue delay and as the law requires, and we will work with you on next steps.

You are responsible for the security of your own devices, sign-in details and the apps you connect.

A person from our team sets the Service up with you and answers your questions through the Service and our website. We work to keep the Service available, but it may sometimes be unavailable for maintenance or because of problems outside our control. We don't currently offer a service level agreement or a public status page.

We and our licensors own the Service, including its software, design and the name and character of Otto. These Terms don't give you any rights in them except the right to use the Service while your subscription is active.

If you send us feedback or ideas, we may use them without owing you anything.

We will provide the Service with reasonable skill and care. Apart from the promises in these Terms, the Service is provided "as is" and "as available". To the extent the law allows, we don't make other promises, including that the Service will be uninterrupted or error-free, that Otto's work will be accurate, or that the Service will meet a particular business goal.

To the extent the law allows, neither side is liable to the other for lost profits, lost revenue, lost data that could have been exported, or indirect, special or consequential damages.

To the extent the law allows, each side's total liability under these Terms is limited to the amount you paid us in the 12 months before the event that caused the claim.

These limits don't apply to your payment obligations, to either side's indemnity duties below, or to liability that can't be limited by law.

You will defend us against claims by third parties that arise from your data, your messages and calls, or your breach of these Terms or the law, and pay the resulting costs and damages a court awards or that you agree to in a settlement.

We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay the resulting costs and damages.

We may suspend your account, or part of it, right away if we reasonably believe your use breaks the law or these Terms, puts other users, carriers or the Service at risk, or if a carrier or payment processor requires it. We will tell you why and how to fix it where we can.

If either side seriously breaks these Terms and doesn't fix it within 30 days of notice, the other side may end the agreement.

When the agreement ends, your right to use the Service stops, and the export period in "Your data" applies. Sections that by their nature should continue, such as payment owed, liability limits and indemnities, continue.

We may update these Terms. If a change is material, we will tell you at least 30 days before it takes effect, in the Service or by email. If you don't agree, you can cancel before the change starts. If you keep using the Service after that, the new Terms apply.

If you have a dispute with us, please contact us first through the form on our website so we can try to fix it.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be decided in the state or federal courts located in Miami-Dade County, Florida, and both sides agree to those courts.

These Terms, together with any order form or plan details you accept in the Service, are the whole agreement between us about the Service. If part of them can't be enforced, the rest still applies. Not enforcing a part right away doesn't mean we give it up. You may not transfer these Terms without our written consent, except with the sale of your business. We may transfer them with the sale of our business. Neither side is responsible for delays caused by events beyond its reasonable control.

We send notices to the account owner's email address and in the Service. You can send notices to us through the contact form on our website, or in writing to AI Scaling, LLC, 8 The Green, Suite D, Dover, DE 19901.