Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at https://neonharbor.ai and the products and services provided by Neon Harbor AI LLC ("Neon Harbor AI," "we," "us," or "our").

By accessing the website, contacting us, submitting a form, or using any of our services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

If you do not agree, do not use the website or services.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use our services. By using our services, you represent and warrant that you meet these requirements.

2. Description of Services

• Self-serve software tiers (Recover, Convert, Dominate): subscription-based access to lead capture, qualification, SMS auto-reply, conversational AI, scheduling integration, CRM logging, and weekly performance reporting
• Managed service tiers (Growth Partner Essentials, Growth Partner Full Stack): the above features plus Meta paid advertising management, including campaign setup, monitoring, optimization, and creative production
• Free 7-Day Call Audit: a no-cost evaluation period during which we provision a tracking number and report missed call volume and patterns

Full feature details, pricing, and inclusions are described at https://neonharbor.ai/pricing and in your service order.

3. SMS Program Terms

This section applies to all SMS communications sent through services operated by Neon Harbor AI.

Program name: Neon Harbor AI Customer Communications

Program description: Automated and human-initiated SMS responses related to inquiries you have initiated with a Neon Harbor AI client business, including inquiry confirmations, lead qualification follow-ups, appointment scheduling, customer service replies, automated post-job review requests, and (for clients in the Growth Partner tier) ad campaign lead follow-up.

Message frequency: varies based on your interactions. Typical recipients receive 1 to 10 messages per inquiry.

Message and data rates may apply. Your mobile carrier may charge for sending and receiving SMS messages.

Opt-out instructions: Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out at any time. You will receive one confirmation message and will not receive further SMS unless you opt in again.

Help instructions: Reply HELP for help, or contact us at neonharborai@gmail.com or +1 (908) 675-7437.

Supported carriers: AT&T, Verizon Wireless, T-Mobile, Sprint, Boost Mobile, U.S. Cellular, MetroPCS, Cricket Wireless, and most other US carriers. Carriers are not liable for delayed or undelivered messages.

Consent: by submitting a contact form on https://neonharbor.ai, calling a phone number associated with a Neon Harbor AI client business, or otherwise initiating contact with a Neon Harbor AI client, you consent to receive automated SMS messages related to your inquiry. We do not send marketing or promotional SMS to recipients who have not initiated inbound contact.

4. Subscription, Billing, and Cancellation

4.1 Fees and Billing

Subscription fees, setup fees, and other charges are as specified in your service order or at https://neonharbor.ai/pricing at the time you sign up. All fees are stated in US dollars and are exclusive of applicable taxes.

Setup fees are due before service configuration begins. Monthly subscription fees are billed monthly in advance, beginning on the day the service goes live, recurring on the same day each month. All fees are processed by Stripe, Inc. and payable by credit card or ACH.

4.2 Late Payment

Payments more than fifteen (15) days past due may result in temporary suspension of services until paid. Suspended services resume within two business days of payment.

4.3 Cancellation

Subscriptions are month-to-month following the initial setup period. Either party may terminate the subscription with fifteen (15) days written notice via email to neonharborai@gmail.com.

Upon termination:

• Service is taken offline within five business days
• Client retains their accounts with third-party services (Twilio, OpenAI, Google, Meta) and all customer data, conversation history, and business records
• Outstanding fees, including any usage overage, remain due and payable
• Setup fees are non-refundable

4.4 Usage Overage

Each subscription tier includes a monthly cap on outbound SMS volume. Overage is billed at $0.05 per outbound SMS, invoiced the following month. Other third-party service usage (Twilio, OpenAI, Google, Meta ad spend) is paid by the client directly to those providers and is not included in the Neon Harbor AI subscription fee.

5. Acceptable Use

• Violate any applicable law, regulation, or third-party rights
• Send messages to recipients who have not provided appropriate consent
• Send unsolicited marketing or promotional messages
• Send messages containing illegal content, harassment, hate speech, threats, or sexually explicit material
• Send messages related to direct lending arrangements, gambling, illicit drugs, or other restricted content categories defined by carrier or CTIA guidelines
• Engage in any activity that interferes with or disrupts the services or servers
• Attempt to gain unauthorized access to any part of the services, other accounts, or systems
• Reverse engineer, decompile, or copy the workflow code or any other intellectual property
• Resell, sublicense, or redistribute the services without our prior written consent
• Use the services for purposes other than those described in your service order

Violations may result in immediate suspension or termination without refund.

6. Client Responsibilities

• Maintaining accurate, up-to-date business information and contact details
• Ensuring you have the authority and consent to use the phone numbers and contact lists provided to the system
• Compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, A2P 10DLC carrier requirements, applicable state privacy laws, and any other regulations governing your messaging activity
• Maintaining accurate Twilio A2P 10DLC brand and campaign registration (or Toll-Free Verification) for your business and keeping it in good standing
• Promptly notifying us of any security incident, account compromise, or unauthorized use
• Paying all third-party service fees (Twilio, OpenAI, Google, Meta ad spend) directly to those providers
• Reviewing automated and AI-generated content for accuracy and appropriateness before relying on it

7. Intellectual Property

7.1 Our Property

All software, workflow code, AI prompts, configurations, documentation, methodologies, branding, and content used by or developed by Neon Harbor AI are the intellectual property of Neon Harbor AI. We grant you a non-exclusive, non-transferable, non-sublicensable license to use the services during the term of your subscription solely for your own business purposes.

You may not copy, redistribute, resell, sublicense, reverse engineer, or create derivative works of any of our intellectual property, except as expressly permitted under a separately signed Buyout Agreement.

7.2 Your Content

You retain all rights to the customer data, leads, conversation history, business records, and other content generated through your use of the services. You grant us a limited license to use this content solely as necessary to provide the services to you.

7.3 Aggregated Data

We may use aggregated, anonymized data (such as message volumes, response times, and conversion rates) derived from across our client base for product improvement, benchmarking, and marketing, provided that no individual or business is identifiable.

8. Third-Party Services

• The availability, accuracy, reliability, or security of third-party services
• Changes to third-party service terms, pricing, or features
• Outages, errors, or interruptions on third-party platforms
• Compliance with third-party terms of service (which you are responsible for accepting and following)

Your use of third-party services is governed by those providers' own terms and privacy policies.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEON HARBOR AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOME, INCLUDING BUT NOT LIMITED TO LEAD VOLUME, LEAD QUALITY, CONVERSION RATES, REVENUE, RETURN ON AD SPEND, OR CUSTOMER ACQUISITION COST. RESULTS VARY BASED ON FACTORS OUTSIDE OUR CONTROL, INCLUDING MARKET CONDITIONS, GEOGRAPHY, CLIENT EXECUTION, INDUSTRY DYNAMICS, AND THIRD-PARTY SERVICE PERFORMANCE.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

WE DO NOT GUARANTEE THE AVAILABILITY OR PERFORMANCE OF THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO TWILIO, OPENAI, GOOGLE, AND META.

ALL AI-GENERATED CONTENT (INCLUDING SMS REPLIES AND LEAD CLASSIFICATIONS) IS PROVIDED FOR YOUR REVIEW AND APPROVAL. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF AUTOMATED OR AI-GENERATED CONTENT THAT IS USED WITHOUT REVIEW.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEON HARBOR AI'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO NEON HARBOR AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL NEON HARBOR AI BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Neon Harbor AI and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or telecommunications laws; (d) any content or data you submit to the services; and (e) any messaging activity conducted by or on behalf of you using the services.

12. Confidentiality

Each party agrees to keep confidential any non-public business information, customer data, pricing, technical methodologies, or other proprietary information disclosed by the other party in connection with the services. This obligation survives termination of these Terms for two (2) years.

13. Term and Termination

These Terms remain in effect until terminated. Either party may terminate any active subscription as described in Section 4.3.

We may suspend or terminate your access to the services immediately and without prior notice if you violate these Terms, if your account is used for illegal or fraudulent activity, or if continued service poses a risk to us or other users.

Upon termination, Sections 4 (outstanding fees), 6 (responsibilities), 7 (intellectual property), 9 (disclaimers), 10 (limitation of liability), 11 (indemnification), 12 (confidentiality), and 14 (governing law) survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles.

The parties agree to first attempt to resolve any dispute through good-faith direct negotiation. Any dispute that cannot be resolved through negotiation shall be submitted to binding arbitration administered by the American Arbitration Association in Miami-Dade County, Florida, in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

You and Neon Harbor AI each waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on our website with a new "Last updated" date. Continued use of the services after the update constitutes acceptance of the new Terms. For material changes affecting active clients, we will provide additional notice (such as by email).

16. Miscellaneous

Entire Agreement. These Terms, together with any applicable service order, the Privacy Policy, and any signed agreements between you and Neon Harbor AI, constitute the entire agreement and supersede any prior agreements or representations.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party is liable for delays or failures to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or third-party service outages.

Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

17. Contact

Neon Harbor AI LLC
Email: neonharborai@gmail.com
Phone: +1 (908) 675-7437
Website: https://neonharbor.ai