Terms of Service
Effective April 28, 2026
Plain English
You're paying us a monthly fee plus a one-time setup fee for an AI receptionist that answers your business phone. We promise it'll work; you promise you won't use it to dial people who don't want to be dialed. Either of us can leave with 30 days' notice.
1.Who we are, who you are
These Terms of Service ("Terms") form a binding agreement between Howdyly LLC ("Howdyly," "we," "us") and the business or individual that signs up for the Service ("Customer," "you"). By creating an account, completing checkout, or using the Service, you accept these Terms on behalf of yourself and any business you represent. If you don't have authority to bind that business, do not proceed.
2.What the Service includes
The Service is an AI voice receptionist that answers calls forwarded to a Howdyly phone number, conducts spoken conversations with callers, books appointments to your calendar, sends you call summaries, and (where available) escalates calls to a human you designate. Specific features depend on the subscription tier you choose.
3.Subscription, billing, taxes
Subscriptions are month-to-month and renew automatically until you cancel. Your card is charged the monthly fee on each renewal date and the one-time setup fee at signup. All fees are listed in U.S. dollars and exclude any sales, use, or value-added taxes you may owe; you are responsible for those taxes. If usage exceeds the included minutes for your tier, overages are billed at the per-minute rate disclosed at signup.
4.The 30-day money-back promise
If, in your first 30 days as a paying customer, Howdy does not generate booked appointments (or other measurable recovery) worth at least
three (3) times your monthly subscription fee, you may request a full refund of all fees paid (subscription + setup) by emailing
support@howdyly.com within 7 days of the end of that period. We'll process the refund within 14 business days and grant you an additional 30 days of free service while we tune the assistant. This promise applies once per customer and only to the first 30 days following first paid invoice.
5.Cancellation and downgrades
You can cancel any time from your customer portal. Cancellation takes effect at the end of your current billing period; you keep full access until then. Setup fees are non-refundable after the 30-day window described in Section 4. We may suspend or terminate the Service if you breach these Terms, fail to pay, or use the Service in a way that violates the Acceptable Use Policy below.
6.Phone numbers, porting, and number ownership
During setup we provision a phone number for you through Twilio. That number is licensed to you for the duration of your subscription. On cancellation you may either (a) port the number to another provider at your own cost (we'll cooperate fully and waive any release fee on our side) within 30 days, or (b) release it back to the carrier pool.
7.Service levels (informal)
We target 99.5% monthly availability for the call-answering function. We don't currently offer a contractual SLA with credits — if you need one, get in touch. We keep an internal status page and will notify you of any incident that materially affected your service.
8.Your data and call recordings
You own all data you put into the Service (business hours, services, escalation contacts, custom prompts) and the call recordings, transcripts, and metadata generated by your line. We process them solely to operate the Service for you. You can export everything via the customer portal or by emailing us, and you can delete it at any time. We back up your data for 30 days after deletion, then it's gone for good.
9.What we do with anonymized data
We may use aggregated, anonymized data — call-volume patterns, model performance metrics, common caller intents — to improve the Service and our underlying models. We will not use identifiable customer data, identifiable caller content, or your business-specific configuration to train any model that is shared across customers without your express opt-in.
10.Two-party consent and recording disclosure
You're responsible for complying with applicable call-recording laws. By default we configure Howdy to disclose that the call may be recorded for quality and training purposes during the opening greeting. If you operate in a two-party consent state (e.g. California, Florida, Pennsylvania) or your callers may, you must keep that disclosure enabled. Disabling it is at your sole risk.
11.Honest representation; no impersonation of humans
Howdy is an AI. We require — and will enforce — that the assistant identifies itself as an AI assistant if a caller directly asks whether they are speaking with a human. You may not configure the assistant to deny it is AI.
12.Acceptable use (incorporated)
You agree to the Acceptable Use Policy below. Violations are grounds for immediate suspension. The bar isn't legalistic: don't use Howdyly to harass, defraud, spam, or mislead the people who call your business.
13.Indemnification
You agree to indemnify and hold Howdyly LLC, its officers, employees, and contractors harmless from any third-party claim arising out of (a) your use of the Service in violation of these Terms or the Acceptable Use Policy, (b) your business's compliance failures (TCPA, state recording laws, HIPAA where you have not put a Business Associate Agreement in place with us), or (c) content you or your callers submit through the Service.
14.Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or revenue. Our total aggregate liability for any claim related to the Service will not exceed the greater of (i) the fees you paid us in the twelve (12) months preceding the event giving rise to the claim or (ii) one thousand U.S. dollars ($1,000).
15.Disclaimers
The Service is provided "as is" and "as available." We don't promise the assistant will handle every call perfectly. We encourage you to keep a fallback (voicemail or escalation) configured for outages. We disclaim all warranties not expressly granted in these Terms.
16.Confidentiality
Each party will treat the other's non-public information with the same care it uses for its own confidential information (and at minimum, reasonable care).
17.Disputes — arbitration in Texas
Any dispute that the parties cannot resolve informally within 30 days will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Texas. Each party waives any right to a jury trial and to participate in a class action against the other. Either party may bring claims in small-claims court instead, where they qualify.
18.Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Section 17 is governed by the Federal Arbitration Act.
19.Changes to these Terms
We may update these Terms from time to time. If we make a material change, we'll email you at least 14 days before it takes effect. Continued use of the Service after the effective date means you accept the updated Terms.
20.Miscellaneous
These Terms are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the rest remain in force. You may not assign these Terms without our written consent. Notices to us go to
support@howdyly.com.