Terms of Service
Last Updated: February 2025
Welcome to Thermoi Technologies, LLC ("Thermoi," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, AI phone assistant services, and related products and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By creating an account, accessing our website, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Description of Services
Thermoi provides AI-powered phone assistant services designed for HVAC contractors and similar businesses. Our Services include but are not limited to:
- 24/7 AI phone answering and call handling
- Automated appointment scheduling
- Emergency call routing and dispatch alerts
- Lead qualification and prioritization
- Call recording and transcription
- Integration with third-party calendar and CRM systems
- Analytics and reporting dashboards
3. Account Registration
To use our Services, you must:
- Be at least 18 years of age
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
You must notify us immediately of any unauthorized use of your account or any other security breach.
4. Service Plans and Billing
4.1 Subscription Plans
Our Services are offered through various subscription plans with different features and pricing. Details of available plans, pricing, and included features are available on our website or upon request.
4.2 Payment Terms
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. By providing payment information, you authorize us to charge your designated payment method for all fees due.
4.3 Refunds
We offer a 90-day money-back guarantee for new customers. If you are not satisfied with our Services within the first 90 days, you may request a full refund. After the guarantee period, subscription fees are non-refundable except as required by law.
5. Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Send spam, unsolicited communications, or engage in telemarketing abuse
- Transmit malware, viruses, or other harmful code
- Interfere with or disrupt our Services or servers
- Attempt to gain unauthorized access to our systems
- Use the Services for fraudulent or deceptive purposes
- Misrepresent the AI as a human agent where disclosure is required by law
- Record calls without proper consent where required by law
6. Call Recording and Consent
Our Services may include call recording functionality. You are solely responsible for complying with all applicable federal, state, and local laws regarding call recording and consent, including but not limited to obtaining any required consent from callers. We recommend configuring your AI assistant to provide appropriate recording disclosures at the beginning of calls.
7. Intellectual Property
7.1 Our Intellectual Property
The Services, including all software, content, trademarks, and technology, are owned by or licensed to Thermoi and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.
7.2 Your Content
You retain ownership of content you provide to us (business information, scripts, etc.). By providing content, you grant us a non-exclusive, worldwide license to use, process, and store such content to provide the Services.
8. Third-Party Integrations
Our Services may integrate with third-party applications and services. Your use of such third-party services is subject to their terms of service and privacy policies. We are not responsible for the performance, availability, or practices of third-party services.
9. Service Availability and Modifications
We strive to provide reliable, uninterrupted Services but do not guarantee 100% uptime. We may modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable notice for material changes that negatively affect your use of the Services.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERMOI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Thermoi, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
13. Termination
Either party may terminate these Terms at any time. You may cancel your subscription through your account settings or by contacting us. We may suspend or terminate your access to the Services if you breach these Terms or for any other reason with reasonable notice. Upon termination, your right to use the Services ceases immediately.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.
16. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thermoi.
- Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
- Waiver: Our failure to enforce any right does not waive future enforcement.
- Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Thermoi Technologies, LLC
Wilmington, Delaware, USA
Email: legal@thermoi.com
General Inquiries: hello@thermoi.com