Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("Client," "you," or "your") and Agent In Air LLC, a Michigan limited liability company doing business as AgentInAir, governing your access to and use of the AI voice receptionist services, software, and related technology (collectively, the "Services"). By registering for an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

AgentInAir provides an artificial intelligence-powered voice receptionist platform designed for salons, barber shops, and related personal care businesses. The Services include:

• Automated AI-powered phone call handling and appointment booking
• SMS appointment confirmation and reminder notifications
• Call analytics and reporting dashboard
• Calendar management and scheduling integration
• Client relationship management features

The Services are intended for business use only and are not for personal, family, or household purposes.

3. Account Registration and Eligibility

To use the Services, you must: (a) be at least 18 years of age; (b) be a business owner or authorized representative of a business entity; (c) provide accurate and complete registration information; (d) maintain the security of your account credentials; and (e) be legally authorized to operate a business in the United States. You are responsible for all activity that occurs under your account.

4. Subscription and Payment Terms

4.1 Fees

Services are provided on a subscription basis. Current pricing is available at agentinair.com. Founding Member pricing, where applicable, is locked at the rate agreed upon at signup and will not increase for the duration of continuous service.

4.2 Billing

Subscription fees are billed monthly in advance. You authorize us to charge your payment method on a recurring basis. All fees are in U.S. dollars and are non-refundable except as expressly set forth herein.

4.3 Free Trial

New accounts receive a 30-day free trial period. No credit card is required to start the trial. Following the trial period, continued use of the Services requires a paid subscription.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to the Services through the end of the paid period.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MICHIGAN LAW AND FEDERAL LAW:

5.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2 Limitation on Damages

IN NO EVENT SHALL AGENT IN AIR LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3 Service Disruptions

AGENT IN AIR LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM SERVICE INTERRUPTIONS, OUTAGES, TECHNICAL FAILURES, THIRD-PARTY SERVICE PROVIDER FAILURES (INCLUDING BUT NOT LIMITED TO TWILIO, ELEVENLABS, ANTHROPIC, OR ANY TELECOMMUNICATIONS PROVIDER), OR ANY OTHER DISRUPTION IN THE AVAILABILITY OF THE SERVICES. CLIENT EXPRESSLY WAIVES ANY CLAIMS AGAINST AGENT IN AIR LLC ARISING FROM SUCH DISRUPTIONS.

5.4 Cap on Liability

TO THE EXTENT LIABILITY CANNOT BE FULLY DISCLAIMED, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

5.5 Missed Calls and Bookings

THE COMPANY SHALL NOT BE LIABLE FOR ANY MISSED CALLS, FAILED APPOINTMENT BOOKINGS, LOST CUSTOMERS, OR RESULTING LOSS OF REVENUE DUE TO TECHNICAL FAILURES, SYSTEM OUTAGES, OR ANY LIMITATION OF THE AI TECHNOLOGY USED IN THE SERVICES.

6. Client Responsibilities

You agree to:

• Maintain accurate and up-to-date business information in your account
• Ensure your staff are aware of the AI receptionist and trained to handle AI-booked appointments
• Comply with all applicable laws regarding recording telephone conversations in Michigan (Michigan eavesdropping law, MCL 750.539c)
• Obtain any necessary consents from callers as required by applicable law
• Not use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Maintain appropriate insurance for your business operations

7. Intellectual Property

All intellectual property rights in and to the Services, including the software, AI models, algorithms, user interface, and documentation, are owned by Agent In Air LLC or its licensors. These Terms do not grant you any rights to our intellectual property except as expressly stated herein. You retain ownership of your business data.

8. Data Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy, available at agentinair.com/privacy.

9. Indemnification

You agree to indemnify, defend, and hold harmless Agent In Air LLC, its members, managers, officers, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any third-party claims arising from your business operations.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Ingham County, Michigan. You hereby consent to the personal jurisdiction of such courts.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the platform at least 30 days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

12. Termination

We reserve the right to suspend or terminate your account and access to the Services at any time for violation of these Terms, non-payment, or for any other reason with 30 days written notice. Upon termination, you will lose access to the Services and any data stored therein.

13. Michigan-Specific Provisions

As a Michigan limited liability company, the Company is governed by the Michigan Limited Liability Company Act, MCL 450.4101 et seq. Nothing in these Terms shall limit any rights you may have under the Michigan Consumer Protection Act, MCL 445.901 et seq., to the extent such Act applies to business-to-business transactions.

14. Contact Information