Holler Back AI · Legal

Terms of Service

Effective Date: [To be set on publication] · Last Updated: [To be set on publication]

Plain English Note: These terms govern your use of Holler Back AI's platform and services. Please read them carefully. By using our services, you agree to be bound by these terms. We've tried to be clear and direct — if you have questions, email us.

Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("Client," "User," "you," or "your") and Holler Back AI, LLC ("Holler Back AI," "Company," "we," "us," or "our"), a Tennessee limited liability company.

By accessing or using any portion of the Holler Back AI website located at hollerbackai.com, its subdomains, or any related services, software, applications, automation tools, AI-powered communication systems, or other offerings provided by Holler Back AI (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are entering into this Agreement on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with any part of these Terms, you must not access or use the Services.

Your continued use of the Services following any modification to these Terms constitutes acceptance of those modifications.

Description of Services

Holler Back AI provides AI-powered business automation services designed to help home service businesses, contractors, and related service providers manage and respond to inbound leads, missed calls, customer inquiries, and review requests through automated communication workflows.

Our Services may include, without limitation:

• Missed call text-back automation — automated SMS/MMS responses triggered by unanswered inbound calls;
• AI-assisted conversational agents — automated chatbots and virtual assistants that communicate with your customers via SMS, web chat, or other messaging channels;
• Reputation and review management — automated solicitation of customer reviews on third-party platforms;
• Lead capture and CRM integration — collection and routing of inbound lead data into your designated customer relationship management platform;
• Appointment scheduling automation — calendar booking tools integrated with your existing workflow;
• Reporting and analytics — dashboards and data insights relating to your communication and conversion performance; and
• Onboarding and implementation support — guided setup, configuration, and training services as described in your applicable service plan.

The specific Services available to you depend on the subscription plan or service package you have purchased. Holler Back AI reserves the right to modify, discontinue, or add features to the Services at any time, subject to the notice provisions in Section 16.

Eligibility

To access and use the Services, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into binding contracts under applicable law;
• Not be a person or entity barred from receiving services under the laws of the United States or any other applicable jurisdiction; and
• Be a legitimate business operator or authorized representative using the Services for lawful commercial purposes.

Holler Back AI's Services are intended solely for use by business clients — they are not a consumer product or service. By registering for or using the Services, you represent and warrant that you meet all eligibility requirements stated herein.

Accounts & Registration

To access certain features of the Services, you will be required to create an account and complete an onboarding intake process. You agree to provide accurate, current, and complete information during registration and to update such information promptly as circumstances change.

You are solely responsible for:

• Maintaining the confidentiality of your login credentials, account credentials, and any API keys or access tokens associated with your account;
• All activity occurring under your account, whether or not authorized by you; and
• Notifying Holler Back AI immediately at hello@hollerbackai.com upon discovering any unauthorized access to or use of your account.

Holler Back AI will not be liable for any loss or damage arising from unauthorized use of your account where such unauthorized use resulted from your failure to safeguard your credentials. You may not share your account access with third parties without our prior written consent.

Subscriptions & Payment

Subscription Plans

Holler Back AI offers Services on a subscription basis as described on our pricing page or in any applicable service agreement, Order Form, or statement of work ("SOW") executed between the parties. Unless otherwise agreed in writing, all subscriptions are billed on a recurring monthly basis.

First Month Free & Automatic Recurring Billing

New client subscriptions include the first thirty (30) days of service following go-live at no monthly subscription charge.

UNLESS YOU CANCEL BEFORE THE 31st DAY FOLLOWING GO-LIVE, RECURRING MONTHLY BILLING BEGINS AUTOMATICALLY ON DAY 31, AT THE EXACT MONTHLY RATE STATED IN YOUR ORDER FORM, AND CONTINUES MONTHLY UNTIL YOU CANCEL.

Your Order Form states the exact rate, repeats these disclosures above the signature block, and captures your express authorization to charge your payment method on file beginning on day 31. You may cancel at any time before day 31 by emailing hello@hollerbackai.com; cancellation is effective on receipt and we will confirm it in writing within two (2) business days. If you cancel during the first 30 days, no monthly subscription fee is charged (and any amount collected in error will be refunded); any one-time setup fee remains due and non-refundable per your Master Client Services Agreement. The free first month is a service trial period, not a money-back guarantee, and is not a guarantee of leads, bookings, revenue, or any business outcome.

Fees & Billing

By subscribing to the Services, you authorize Holler Back AI (or its designated payment processor) to charge the payment method on file for all applicable subscription fees, usage-based charges, one-time setup fees, and any applicable taxes on the billing dates specified. All fees are stated and charged in U.S. dollars unless otherwise indicated.

No Refunds

All fees paid to Holler Back AI are non-refundable except as expressly stated herein, in your Master Client Services Agreement, or as required by applicable law. One-time setup fees are non-refundable as provided in the Master Client Services Agreement, including upon cancellation during the first 30 days of service. If you cancel your subscription, you will retain access to the Services through the end of your then-current paid billing period, after which access will terminate. We do not provide prorated refunds for partial billing periods.

Price Changes

Holler Back AI reserves the right to modify subscription fees at any time upon at least 30 days' prior written notice to you via email or notice within the platform. Your continued use of the Services after the effective date of any price change constitutes your acceptance of the new fee schedule. Specific Founding Client rate locks, if applicable to your account, are governed by your separately executed Master Client Services Agreement.

Late Payments & Suspension

If any fee is not paid when due, Holler Back AI reserves the right to suspend access to the Services until your account is brought current, and/or to pursue all available legal remedies for collection. Accounts overdue by more than 30 days may be referred to collections and may incur late fees of up to 1.5% per month on the outstanding balance, to the extent permitted by applicable law.

Taxes

All fees are exclusive of applicable sales, use, and similar taxes. You are responsible for all taxes, duties, and governmental charges applicable to your use of the Services, excluding taxes based on Holler Back AI's net income, and such taxes will be added to invoices as required by applicable law. Where required by law, Holler Back AI will collect and remit applicable sales tax. If you are exempt from sales tax in any jurisdiction, you must provide a valid exemption certificate prior to invoicing.

Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services to:

• Violate any applicable federal, state, local, or international law or regulation, including without limitation the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable state telemarketing laws, or any anti-spam regulations;
• Send unsolicited commercial messages or communications to individuals who have not provided prior express written consent to receive automated messages from your business where such consent is required by law;
• Transmit any content that is defamatory, fraudulent, abusive, obscene, harassing, threatening, or otherwise objectionable;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Interfere with or disrupt the integrity or performance of the Services, Holler Back AI's infrastructure, or third-party systems integrated with the Services;
• Attempt to gain unauthorized access to any portion of the Services, Holler Back AI's systems, or the accounts of other users;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any software component of the Services;
• Use the Services to build a competing product or service, or to benchmark the Services for purposes of disclosing findings to Holler Back AI's competitors;
• Upload or transmit viruses, malware, or any other malicious code; or
• Collect or harvest any personally identifiable information from the Services without authorization.

TCPA Compliance

You are solely responsible for ensuring that all automated messages sent through the Services — including text messages and voice communications — comply with the Telephone Consumer Protection Act and all other applicable telecommunications laws. You represent and warrant that you have obtained all required consents from recipients prior to initiating automated communications through the Services.

Holler Back AI reserves the right, but not the obligation, to monitor your use of the Services and to suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

Intellectual Property

Our Property

The Services, including all software, technology, algorithms, AI models, workflows, interfaces, templates, documentation, trademarks, service marks, logos, and other proprietary materials (collectively, "Holler Back AI IP") are and shall remain the exclusive property of Holler Back AI or its licensors. These Terms do not transfer any ownership interest in Holler Back AI IP to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription.

Your Property

You retain all ownership rights in and to your business data, customer data, and any content or materials you provide to Holler Back AI in connection with the Services ("Client Content"). By using the Services, you grant Holler Back AI a limited, non-exclusive, royalty-free license to access, use, process, and store Client Content solely as necessary to provide, maintain, and improve the Services in accordance with our Privacy Policy.

Feedback

If you provide suggestions, feedback, or ideas regarding the Services ("Feedback"), you hereby assign to Holler Back AI all right, title, and interest in and to such Feedback, and Holler Back AI may use it for any purpose without compensation or attribution to you.

Your Data & Content

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all data and content you input into or transmit through the Services, including all customer contact data and message content.

You represent and warrant that: (a) you have all rights, licenses, consents, and permissions necessary to provide the Client Content to Holler Back AI; (b) the Client Content does not infringe, misappropriate, or violate the intellectual property rights or privacy rights of any third party; and (c) your collection, use, and sharing of customer data complies with your own published privacy policy and all applicable laws.

Holler Back AI implements commercially reasonable technical and organizational measures to protect your data. However, no system is perfectly secure, and Holler Back AI cannot guarantee absolute security. See our Privacy Policy for full details on how we collect, use, and protect information.

Upon termination of your account, Holler Back AI will retain your data for a period of 30 days, during which time you may request an export. After this period, your data may be permanently deleted from our systems except as required by law or legitimate business purposes.

Third-Party Services & Integrations

The Services may integrate with or rely upon third-party platforms, tools, and services, including but not limited to GoHighLevel (GHL), Twilio, Google Business Profile, Meta Platforms, and others (collectively, "Third-Party Services"). Your use of Third-Party Services is governed by those providers' own terms of service and privacy policies, and Holler Back AI is not responsible for the functionality, availability, data practices, or legal compliance of any Third-Party Service.

Holler Back AI does not endorse any Third-Party Service and makes no representations or warranties regarding their performance or suitability for your purposes. Any issues arising from Third-Party Service outages, changes, or terminations that affect the delivery of Holler Back AI's Services shall not constitute a breach by Holler Back AI, and no credits or refunds will be issued as a result of such third-party disruptions.

Disclaimers of Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOLLER BACK AI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES; AND
• WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS OR PRODUCE ANY PARTICULAR OUTCOME, INCLUDING LEAD CONVERSION, REVENUE GENERATION, OR CUSTOMER RETENTION.

Holler Back AI does not warrant or guarantee any specific results from use of the Services. Any testimonials, case studies, or performance estimates provided by Holler Back AI are illustrative only and are not guarantees of future performance.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOLLER BACK AI, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS; OR
• COST OF SUBSTITUTE GOODS OR SERVICES;

ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, EVEN IF HOLLER BACK AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, HOLLER BACK AI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO HOLLER BACK AI UNDER THESE TERMS, OR (B) THE TOTAL FEES PAID BY YOU TO HOLLER BACK AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such limitations are prohibited by applicable law, they shall apply to the maximum extent permitted.

Indemnification

You agree to defend, indemnify, and hold harmless Holler Back AI and its officers, directors, members, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services in violation of these Terms;
• Your violation of any applicable law, regulation, or third-party rights, including TCPA violations, privacy violations, or intellectual property infringement;
• Any Client Content you submit through the Services, including any customer data you provide or collect;
• Any dispute between you and one of your customers arising from or related to communications sent through the Services; or
• Your negligence, willful misconduct, or fraud.

Holler Back AI reserves the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You agree to cooperate reasonably with Holler Back AI in the defense of any such matter and shall not settle any claim without Holler Back AI's prior written consent.

Termination

Termination by You

You may cancel your subscription at any time by providing written notice to Holler Back AI at hello@hollerbackai.com or through the account management portal, if available. Cancellation will be effective at the end of your then-current billing period, except that cancellation during the first thirty (30) days following go-live is effective upon our receipt of your notice as described in Section 5 (First Month Free & Automatic Recurring Billing) and will be confirmed in writing within two (2) business days. No refunds or credits will be issued for unused portions of any prepaid period, except as expressly provided in your Master Client Services Agreement.

Termination by Holler Back AI

Holler Back AI may suspend or terminate your account and access to the Services, with or without notice, in its sole discretion, for any reason, including but not limited to:

• Your material breach of these Terms;
• Non-payment of fees;
• Conduct that Holler Back AI believes poses legal, regulatory, reputational, or operational risk;
• Extended periods of account inactivity; or
• Holler Back AI's decision to discontinue the Services or any portion thereof.

Effect of Termination

Upon termination for any reason: (a) all licenses granted to you under these Terms shall immediately terminate; (b) you must cease all use of the Services; (c) any outstanding fees owed to Holler Back AI shall become immediately due and payable; and (d) the following sections shall survive termination: Sections 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), and any other provisions that by their nature should survive.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to attempt to resolve the dispute informally by contacting Holler Back AI at hello@hollerbackai.com with a written description of the dispute and your desired resolution. The parties agree to negotiate in good faith for a period of at least 30 days before either party initiates formal proceedings.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including questions of arbitrability — shall be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Williamson County, Tennessee, or via remote proceedings if mutually agreed.

Class Action Waiver

YOU AND HOLLER BACK AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MULTI-PLAINTIFF PROCEEDING. The arbitrator may not consolidate more than one person's claims.

Exceptions

Nothing in this Section prevents either party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm pending arbitration.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 14, the parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Williamson County, Tennessee for resolution of such disputes.

If you are accessing the Services from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws and regulations.

Changes to Terms

Holler Back AI reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email to the address associated with your account and/or by posting a prominent notice within the platform, with at least 14 days' advance notice before the changes take effect. For non-material changes, we may update these Terms without prior notice.

The "Last Updated" date at the top of this page reflects the most recent revision. Your continued access to or use of the Services following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with any modifications, your sole remedy is to discontinue use of the Services and cancel your subscription in accordance with Section 13.

Contact

If you have questions, concerns, or requests regarding these Terms of Service, please contact us at hello@hollerbackai.com.