Terms of Service

1. Introduction and Agreement to Terms

Welcome to Hexnut.ai ("Hexnut," "we," "us," "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Hexnut.ai governing your access to and use of our website located at https://hexnut.ai and our AI-powered phone system services (collectively, the "Services").

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not access or use the Services.

These Terms apply to all users of the Services, including without limitation users who are browsers, customers, merchants, and contributors of content.

2. Description of Services

Hexnut provides AI-powered phone system and communication services specifically designed for home services businesses. Our Services include but are not limited to:

• AI Receptionist: Automated phone answering and call handling available 24/7
• Appointment Scheduling: Automated booking and calendar management integrated with your existing systems
• Call Screening: Intelligent qualification of incoming calls and lead prioritization
• Lead Qualification: Automated assessment of prospect quality and contact information capture
• SMS Communication: Automated text messaging for customer engagement and follow-up
• CRM Integration: Seamless data synchronization with GoHighLevel and other supported platforms
• Call Analytics: Detailed reporting and insights on call volume, conversion rates, and customer interactions

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice to active subscribers.

3. Account Registration and Responsibilities

To access certain features of our Services, you must register for an account. When creating an account, you agree to:

• Provide accurate, complete, and current registration information
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with any third party

You must be at least 18 years of age and have the legal capacity to enter into contracts to create an account. By creating an account, you represent and warrant that you meet these requirements.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

4. Subscription Plans and Pricing

Hexnut offers subscription-based pricing plans for our Services. Current plans include:

• Fresh Plan: $197 per month - includes core AI receptionist features, basic call handling, appointment scheduling, and standard integrations
• Pro Plan: $297 per month - includes all Fresh features plus advanced call screening, priority support, enhanced analytics, and premium integrations

One-Time Setup Fee: New customers are charged a one-time setup fee equal to one month of their selected plan price. This fee covers account configuration, system integration, and white-glove onboarding services:

• Fresh Plan: $197 one-time setup fee
• Pro Plan: $297 one-time setup fee

All pricing is displayed in United States Dollars (USD). Pricing does not include applicable taxes, which will be added to your invoice as required by law.

We reserve the right to modify our pricing structure with at least 30 days' advance notice to existing subscribers. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods unless you cancel your subscription.

Additional services, features, or usage beyond plan limits may be available for additional fees, which will be clearly communicated before you incur such charges.

5. Payment Terms and Billing

By subscribing to our Services, you agree to the following payment terms:

• Initial Payment: Upon signup, you will be charged the one-time setup fee plus your first month's subscription fee
• Billing Cycle: Subscriptions are billed monthly in advance on the date you initially subscribed
• Payment Methods: We accept major credit cards and debit cards processed securely through Stripe
• Automatic Renewal: Your subscription will automatically renew each month unless you cancel before the renewal date
• Failed Payments: If a payment fails, we will attempt to process payment up to three times. After three failed attempts, your account may be suspended or terminated
• Late Fees: Accounts more than 10 days past due may be subject to a $25 late fee
• Taxes: You are responsible for all applicable taxes, duties, and government fees

By providing payment information, you authorize Hexnut and our payment processor (Stripe) to charge all fees incurred through your account to your designated payment method, including the one-time setup fee, monthly subscription fees, and any applicable usage-based charges.

You must notify us immediately of any billing errors. We will investigate and correct legitimate errors, but you remain responsible for paying the correct amount owed.

6. Usage-Based Fees and Charges

In addition to your monthly subscription fee, certain features and services are billed based on actual usage. These usage-based fees are charged separately and are not included in your base subscription plan. All fees are charged in United States Dollars (USD).

Communication Services:

• Phone System:
  • Making Calls: $0.042 per minute
  • Receiving Calls: $0.0255 per minute
  • Text Messages: $0.0249 per segment
• Email Services:
  • Email Sending: $0.0014 per email
  • Email Verification: $0.0075 per verification
• WhatsApp Usage: $0.222 per message

Automation and AI Features:

• Workflow - Premium Features: $0.03 per execution
• Content AI: $0.27 per 1,000 words and $0.18 per image generated
• Workflow - External AI Models:
  • Input: $1.80 per 750,000 words
  • Output: $7.20 per 750,000 words
• Conversation and Voice AI:
  • Text Messages: $0.04 per message
  • Voice Calls: $0.26 per minute
• Reviews AI: $0.03 per review response generated
• Funnel AI: $2.97 per funnel generation
• Agent Studio: $0.75 per 750,000 words processed

Additional Services:

• Domain Purchase: $11.00 per domain registration

Billing for Usage Charges: Usage-based fees are calculated monthly based on your actual consumption during each billing period. These charges will appear as separate line items on your invoice and will be charged to your payment method on file along with your monthly subscription fee.

Usage Monitoring: You can monitor your usage and estimated charges through your account dashboard. We will provide reasonable notice if your usage patterns indicate you may exceed typical usage levels.

Fee Changes: We reserve the right to modify usage-based fees with at least 30 days' advance notice. Price changes will not affect usage that occurred before the effective date of the change.

7. Fair Use Policy

Your use of our Services, including Employee AI features, is subject to this Fair Use Policy to ensure equitable access and performance for all users.

Excessive Use: If Hexnut determines in its sole discretion that your usage is excessive, abusive, or negatively impacts our platform or services, we reserve the right to take the following actions:

• Throttle or limit your access to certain features or services
• Require you to upgrade to a higher service tier
• Suspend or terminate your access to the Services

Actions Without Notice: We may take any of the above actions with or without prior notice, depending on the severity and nature of the excessive use.

Examples of Excessive Use: While not exhaustive, excessive use may include but is not limited to:

• Generating abnormally high volumes of API calls or requests
• Using automated systems to create excessive phone calls, messages, or emails
• Consuming disproportionate server resources that impact other users
• Attempting to circumvent usage limits or monitoring systems
• Using the Services in ways that violate applicable laws or regulations

Good Faith Use: This policy is designed to ensure fair access to our Services for all users. Normal business usage within reasonable parameters is expected and encouraged.

8. 30-Day Money-Back Guarantee

We stand behind the quality of our Services with a 30-Day Money-Back Guarantee for new customers.

Guarantee Terms:

• If you are not completely satisfied with Hexnut within the first 30 days of your initial subscription, you may request a full refund of your first month's subscription fee
• The guarantee applies only to your first month's subscription fee
• The one-time setup fee is non-refundable ($197 for Fresh Plan, $297 for Pro Plan)
• To request a refund, contact us at hi@hexnut.ai or (641) 466-4689 within 30 days of your initial payment
• Refunds will be processed within 10 business days to your original payment method
• This guarantee applies only to new customers who have not previously subscribed to Hexnut
• The guarantee does not apply to any third-party services, add-ons, or usage-based fees

After the initial 30-day period, standard cancellation and refund policies apply as described in Section 17.

9. Acceptable Use Policy

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

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate Hexnut, a Hexnut employee, another user, or any other person or entity
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

10. Prohibited Activities

In addition to the Acceptable Use Policy, you specifically agree not to:

• Use the Services to make unsolicited calls or send spam messages in violation of applicable laws (including TCPA and CAN-SPAM)
• Use the Services to harass, abuse, threaten, or intimidate any person
• Attempt to bypass or circumvent measures employed to prevent or limit access to the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use any automated system or software to extract data from the Services without our written permission
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Upload or transmit viruses, malware, or any other malicious code
• Collect or store personal data about other users without their express consent
• Use the Services to compete with Hexnut or develop competing products or services
• Resell or redistribute the Services without our explicit written permission

Violation of this section may result in immediate termination of your account and legal action.

11. Service Availability and Uptime

We strive to maintain high availability and reliability of our Services. However, we do not guarantee uninterrupted or error-free service.

Service Level: While we target 99.9% uptime for our AI phone system, we do not provide a formal Service Level Agreement (SLA) at this time.

Planned Maintenance: We may perform scheduled maintenance that temporarily affects service availability. We will provide advance notice of planned maintenance when possible.

Unplanned Downtime: Service interruptions may occur due to circumstances beyond our control, including third-party service failures, network issues, or force majeure events.

We reserve the right to suspend or restrict access to the Services for maintenance, security, legal compliance, or other operational reasons with reasonable notice when feasible.

12. Intellectual Property Rights

The Services and all content, features, and functionality are owned by Hexnut.ai and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our Rights: All rights, title, and interest in and to the Services, including all software, text, graphics, logos, images, audio clips, and video clips, are and will remain the exclusive property of Hexnut.ai and its licensors.

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as necessary for your authorized use.

Trademarks: Hexnut, the Hexnut logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hexnut.ai. You may not use such marks without our prior written permission.

13. User Content and Data

"User Content" means any data, information, recordings, or content you provide or that is generated through your use of the Services, including call recordings, customer data, and business information.

Your Responsibilities:

• You retain ownership of your User Content
• You are solely responsible for all User Content you provide or generate
• You must ensure you have all necessary rights, licenses, and permissions for any User Content
• You must comply with all applicable laws regarding customer consent for call recordings and data collection

License to Hexnut: By providing User Content, you grant Hexnut a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit User Content solely to provide and improve the Services.

Data Security: We implement reasonable security measures to protect User Content, but we cannot guarantee absolute security. You acknowledge that you provide User Content at your own risk.

Data Portability: Upon request, we will provide you with your User Content in a machine-readable format, subject to technical limitations.

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you consent to our collection and use of information as described in the Privacy Policy.

Compliance: We comply with applicable data protection laws, including regulations governing the collection and use of personal information. You are responsible for ensuring your use of the Services complies with all applicable privacy laws and regulations.

Call Recording Consent: You are solely responsible for obtaining any required consent from individuals before recording calls using our Services. We provide tools to facilitate consent notifications, but compliance is your responsibility.

15. Third-Party Services and Integrations

Our Services integrate with and depend on various third-party services and platforms, including:

• GoHighLevel: CRM and marketing automation platform
• Vapi: Voice AI infrastructure provider
• Stripe: Payment processing services
• Calendar Services: Google Calendar, Microsoft Outlook, and other scheduling platforms

Third-Party Terms: Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or policies of third-party services.

Service Dependencies: Our Services rely on the availability and functionality of these third-party services. We are not liable for any disruption, limitation, or failure of third-party services.

Data Sharing: By using our integrations, you authorize us to share necessary data with third-party services to provide the Services. We share only the minimum data required for integration functionality.

Changes to Integrations: We may add, modify, or discontinue third-party integrations at any time. We will provide notice of material changes when reasonably possible.

16. Termination and Cancellation

Cancellation by You: You may cancel your subscription at any time by contacting us at hi@hexnut.ai or through your account dashboard. Cancellations take effect at the end of your current billing period.

Termination by Us: We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Effect of Termination:

• Upon termination, your right to use the Services will immediately cease
• We will disable your access to your account and the Services
• You will remain responsible for all fees and charges incurred through the termination date
• We may, at our discretion, delete your User Content after a reasonable grace period

Survival: Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Refunds and Cancellations

30-Day Money-Back Guarantee: As described in Section 8, new customers may request a full refund within 30 days of their initial subscription.

After 30 Days: After the initial 30-day guarantee period, subscriptions are non-refundable. If you cancel your subscription:

• You will retain access to the Services through the end of your current billing period
• No refunds will be provided for partial months of service
• You will not be charged for subsequent billing periods

Exceptional Circumstances: We may, at our sole discretion, offer pro-rated refunds in exceptional circumstances, such as:

• Extended service outages caused by Hexnut
• Billing errors on our part
• Other situations we determine warrant a refund

Refund Processing: Approved refunds will be processed within 10 business days to your original payment method.

No Refunds for Violations: No refunds will be provided if your account is terminated due to violation of these Terms.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hexnut.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, or use
• Loss of or damage to property
• Business interruption
• Personal injury or emotional distress
• Missed business opportunities

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO Hexnut.AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

19. Indemnification

You agree to defend, indemnify, and hold harmless Hexnut.ai, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services
• Your violation of any law, regulation, or rights of any third party
• Your User Content or any content you provide
• Your failure to obtain proper consent for call recordings or data collection
• Any negligent or willful misconduct by you

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

20. Warranties and Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Hexnut.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• QUIET ENJOYMENT

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Services will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Services will meet your expectations
• Any errors in the Services will be corrected

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

21. Dispute Resolution and Arbitration

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at hi@hexnut.ai to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

Binding Arbitration: If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

Arbitration Terms:

• The arbitration shall be conducted in Austin, Texas, or another mutually agreed location
• The arbitration shall be conducted by a single arbitrator
• The arbitrator's decision shall be final and binding
• Each party shall bear its own costs and fees unless the arbitrator determines otherwise
• The arbitration shall be conducted in English

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND Hexnut.AI INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions: Either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

22. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion.

Notice of Changes: We will notify you of material changes to these Terms by:

• Posting the new Terms on this page with an updated effective date
• Sending an email to the address associated with your account
• Displaying a prominent notice on our website or within the Services

Your Acceptance: Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services and cancel your subscription.

Material Changes: For material changes that adversely affect your rights, we will provide at least 30 days' notice before the changes take effect.

23. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions.

To the extent arbitration does not apply, you agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

24. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Hexnut.ai concerning the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

26. Contact Information

If you have any questions, concerns, or requests regarding these Terms or the Services, please contact us: