Nocturnal AI Terms of Service
These Terms of Service describe the agreement between you and Nocturnal AI, a Massachusetts-based AI receptionist service. By using Nocturnal AI, you agree to these terms. If you do not agree, you should not use the service.
1. Service Description and Scope
Nocturnal AI provides an AI-powered receptionist service designed to answer calls, handle basic inquiries, and route or record messages based on your configuration. The specific features you receive depend on the plan you select and the way your account is set up.
Nocturnal AI is not a law firm, medical provider, financial advisor, or emergency service. The service is intended to assist with reception and communication, not to provide professional advice or handle emergencies.
2. User Responsibilities
You are responsible for the information and instructions you provide to Nocturnal AI, including scripts, workflows, routing rules, and any integrations with your other systems. You are also responsible for keeping your account credentials secure and for all activity that occurs under your account.
You agree to review your configuration regularly to confirm that it still meets your needs, and to update or correct any information that is inaccurate or outdated. You are responsible for complying with all laws that apply to your use of the service, including any requirements related to privacy, call recording, and data protection in the locations where you and your callers are based.
3. Payment Terms
Nocturnal AI is offered as a paid service with a monthly subscription, a one-time installation fee, and usage-based overage charges.
- Monthly subscription: You pay a recurring monthly subscription fee in advance for access to the service.
- Installation fee: You pay a one-time installation fee for initial setup and configuration of your account.
- Overage charges: If your monthly usage exceeds your included minutes, you are charged an overage fee of $0.35 per additional minute.
- No rollover: Unused minutes do not roll over to future months.
Unless otherwise stated in your order or account settings, charges are billed to the payment method you provide. If a payment fails or your account is past due, access to the service may be suspended until payment is made.
4. 30-Day Installation Fee Guarantee
Nocturnal AI offers a 30-day installation fee guarantee. The basic idea of this guarantee is that the installation fee is subject to special terms for the first 30 days after your initial setup. The detailed conditions of this guarantee, including any requirements for eligibility, timelines, or how to request any available remedy, are provided in your order form or other written documentation describing your plan.
If there is any conflict between this summary and the guarantee terms provided in your order or plan documentation, the guarantee terms in that documentation will govern.
5. Acceptable Use
You agree to use Nocturnal AI only for lawful purposes and in a way that is appropriate for a business receptionist service. You will not use the service to send or receive content that is illegal, harmful, misleading, or abusive, or that violates the rights of others.
You will not attempt to interfere with or disrupt the service, probe or test its security, or use it in a way that could damage, disable, or overburden Nocturnal AI or its infrastructure. You also agree not to try to reverse engineer or copy the underlying systems or models used to provide the service.
6. Disclaimers
Nocturnal AI is provided using advanced AI technology, but outcomes are not guaranteed. The service may make mistakes, misunderstand callers, or fail to perform as expected in some situations, including when scripts, rules, or integrations are incomplete, unclear, or incorrect.
Features and performance depend heavily on how your account is configured and maintained. Your results will vary based on your settings, the quality and clarity of the information you provide, your callers, and your technical environment.
To the extent permitted by law, the service is provided “as is” and “as available,” without any guarantees or warranties about accuracy, reliability, or fitness for a particular purpose.
7. Limitation of Liability
To the extent permitted by law, Nocturnal AI is not responsible for lost profits, lost data, business interruption, or any indirect, incidental, or consequential damages arising out of or related to your use of the service.
Nocturnal AI is not responsible for problems caused by factors outside its reasonable control, including issues with your phone providers, internet providers, third-party tools or services you connect to Nocturnal AI, or your own hardware, software, or networks.
8. Governing Law
These Terms of Service are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law rules.
9. Contact Information
If you have questions about these Terms of Service or about Nocturnal AI, please contact us through our contact page.