Terms of Service
Please read these terms before subscribing to or using NightOwl Voice. By using the service, you agree to them.
1.Acceptance of terms and scope of services
By accessing, subscribing to, or integrating NightOwl Voice (“the Service,” operated by Calvin Blann, doing business as NightOwl Voice), you (“the Client”) agree to be bound by these Terms of Service. If you are agreeing on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
NightOwl Voice provides AI voice answering for business phone calls, collects caller details and the reason for the call, and delivers each lead to the Client by text message or email and to a Google Sheet. The Service does not book appointments.
NightOwl Voice is not an emergency service and does not support 911.
The Service is not designed, authorized, or legally compliant to receive, dispatch, or process emergency medical, police, fire, or life-safety calls. Clients are responsible for informing their customers that in an active emergency (for example a gas leak, fire, medical emergency, or immediate threat to life or property) they must hang up and call 911 or their local emergency service.
2.Telecommunications, availability and call continuity
NightOwl Voice relies on third-party telecommunications carriers, cloud providers, and internet service providers, including Vapi, Twilio, and Google Cloud.
- No guarantee of uninterrupted service. NightOwl Voice does not warrant that calls will be uninterrupted or error-free, or free of dropped calls or audio quality problems.
- Dropped calls. If a caller disconnects early, NightOwl Voice attempts to record the caller ID and deliver it to the Client, but is not liable for callers who disconnect before their details are captured.
- Force majeure. NightOwl Voice is not liable for disruptions caused by events outside its reasonable control, including carrier or cloud outages, power failures, natural disasters, or cyberattacks.
3.Limitation of liability
(A) Under no circumstances shall NightOwl Voice, its founders, officers, agents, or employees be liable to the Client or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, contracts, customers, jobs, goodwill, or reputation, or costs associated with missed or delayed callbacks. This applies whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory, even if NightOwl Voice was advised of the possibility of such damages.
(B) In all circumstances, NightOwl Voice’s total aggregate liability arising out of or in connection with the Service or these terms is limited to the amount the Client paid NightOwl Voice in the three (3) months preceding the claim, not to exceed $450.00 USD.
4.Pricing, billing and cancellation
The Service costs $149 per month, plus a one-time setup fee of $199. There are no per-minute charges. The Service includes up to 600 call minutes per month; if a Client regularly exceeds that, NightOwl Voice will contact the Client to agree a higher plan, and no extra charge applies without the Client’s written agreement. Fees are billed in advance by emailed invoice and may be paid by bank transfer or check; no payment method is charged automatically. The setup fee and first month are due before the Client’s line goes live. NightOwl Voice may waive the setup fee for its first three clients; a waived fee is stated in writing on the Client’s invoice.
There is no long-term contract. The Client may cancel at any time by email. Once a billing month has started, fees for that month are non-refundable.
5.Call recording, AI disclosure and consent
Calls answered by NightOwl Voice are handled by an AI voice assistant. Caller audio is processed by speech-to-text and language models, and the voice provider keeps a recording and transcript of each call.
The Client is responsible for complying with federal and state laws on call recording, consent, and automated calling, including in states that require the consent of all parties to record a call. By default, every NightOwl Voice greeting tells callers that the call may be recorded, and the assistant answers truthfully if a caller asks whether they are speaking with a person. Clients who are required by law to give such notice agree not to have it removed.
6.Governing law
These terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any dispute arising under these terms will be resolved through binding individual arbitration in Kent County, Michigan.