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Terms of Service

Last Updated: February 2, 2026

1. Acceptance of Terms

By accessing or using Need Theo's AI-powered communication platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Need Theo.

2. Description of Service

Need Theo provides an AI-powered communication platform that enables businesses to deploy intelligent chat widgets and voice agents. Our Service includes:

  • AI chat agents that can be embedded on websites
  • AI voice agents for handling phone calls
  • SMS/text messaging for appointment confirmations and follow-up communications
  • Contact and lead management features
  • Appointment scheduling capabilities
  • Conversation analytics and reporting
  • Knowledge base management for AI training

3. Account Registration and Security

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Subscription and Payment Terms

The Service operates on a subscription basis. By subscribing, you authorize Need Theo to charge your payment method on a recurring monthly basis until you cancel. Key payment terms include:

  • Billing Cycle: Subscriptions are billed monthly on the anniversary of your subscription start date.
  • Credits System: Your subscription includes a monthly allocation of credits that can be used for voice minutes and chat messages.
  • Overage Charges: Usage beyond your included credits will be billed at the overage rates specified in your plan.
  • Price Changes: We may modify pricing with 30 days' notice. Continued use after the effective date constitutes acceptance.
  • Refunds: We offer a 30-day money-back guarantee for new subscribers. After this period, fees are non-refundable.

5. Usage Limits and Fair Use

Your subscription includes specified limits for credits, phone lines, and other resources. You agree to use the Service in accordance with these limits and our Acceptable Use Policy. We reserve the right to suspend accounts that exceed their allocated resources or engage in abusive usage patterns.

6. User Responsibilities and Compliance

You are solely responsible for:

  • All content, data, and configurations you provide to the Service
  • Ensuring your AI agents comply with applicable laws and regulations
  • Obtaining necessary consents for recording phone calls in accordance with local, state, and federal wiretapping laws
  • Providing accurate disclosures to your customers about AI agent interactions
  • Maintaining appropriate welcome messages that inform callers about call recording
  • Complying with telecommunications regulations in your jurisdiction
  • Ensuring proper consent is obtained before end-user phone numbers are used for SMS messaging
  • Informing your customers that they may receive text messages related to their interactions

7. Call Recording Compliance

Important

You acknowledge that certain jurisdictions require all-party consent for recording phone calls. You are solely responsible for understanding and complying with applicable wiretapping and call recording laws. Need Theo provides tools to configure welcome messages, but compliance with recording consent requirements is your responsibility.

8. SMS/Text Messaging Terms

8.1 SMS Program Description

Need Theo ("Need Theo," "we," "us") provides an SMS messaging program as part of our AI-powered communication platform. When businesses use Need Theo's AI agents, the platform may send text messages to end users and business account holders in connection with the Service.

8.2 Message Types

By providing a phone number during an interaction with a Need Theo-powered service, you may receive the following types of text messages:

  • Appointment Confirmations: Confirmation details for appointments booked through a Need Theo AI agent, including service type, date, time, and location or meeting link.
  • Follow-Up Messages: Information summaries sent after a conversation with a Need Theo AI agent, containing relevant details discussed during the interaction.
  • Service Notifications: Notifications sent to business account holders regarding conversation activity and agent performance.

8.3 Message Frequency

Message frequency varies based on your interactions. Appointment confirmation messages are sent once per booking. Follow-up messages are sent when relevant information is available after a conversation. Service notification frequency depends on conversation volume. In general, you will not receive more than 5 messages per interaction.

By providing your phone number to a Need Theo-powered service and engaging in a conversation or booking, you consent to receive the text messages described above. Consent to receive text messages is not a condition of any purchase. You may use the Service and complete transactions without providing a phone number for SMS.

8.5 Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a single confirmation message, and no further messages will be sent to your number. Opting out of SMS does not affect other communications or your use of the Service.

8.6 Help

For assistance with text messages, reply HELP to any message you receive from us, or contact us at support@needtheo.com.

8.7 Message and Data Rates

Message and data rates may apply. Please consult your mobile carrier's pricing plan for details. Need Theo does not charge separately for SMS messages, but your carrier may apply standard messaging fees.

8.8 Carrier Liability

Carriers (e.g., T-Mobile, AT&T, Verizon) are not liable for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your mobile carrier and network conditions outside of our control.

8.9 Privacy

Your phone number and SMS data are handled in accordance with our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

8.10 Supported Carriers

SMS messaging is available for US and Canadian phone numbers. Major carriers are supported. Carrier support may vary, and delivery is not guaranteed on all networks.

9. Emergency Services Disclaimer

Critical

Need Theo cannot call 911 or emergency services. Do not rely on this Service for any medical, fire, police, or other emergency situations. This Service is for routine business communications only.

10. Service Availability

While we work hard to keep the Service running smoothly, we cannot guarantee 100% uptime. Technology can have issues, including:

  • Internet or phone carrier outages
  • Scheduled maintenance
  • Unexpected technical problems

We are not responsible for business losses if the Service is temporarily unavailable or fails to answer a call.

11. AI Limitations

The Service uses artificial intelligence, which means:

  • It may occasionally misunderstand callers
  • It may provide incomplete or incorrect information based on what you've configured
  • It cannot handle every possible situation
  • AI-generated responses may contain errors or inaccuracies

We strongly recommend reviewing your conversation history regularly to ensure quality.

12. Intellectual Property

The Service, including all software, designs, and documentation, is owned by Need Theo and protected by intellectual property laws. You retain ownership of your content but grant us a license to use it to provide the Service. You may not copy, modify, or reverse engineer any part of the Service.

13. Third-Party Services

The Service integrates with third-party providers including OpenAI for AI capabilities, Twilio for voice communications and SMS/text messaging, and Stripe for payment processing. Your use of these integrated services is subject to their respective terms and policies.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEED THEO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

This includes, but is not limited to:

  • Lost revenue from missed calls
  • Lost business opportunities
  • Customer dissatisfaction
  • Data loss

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED RESPONSES MAY CONTAIN ERRORS OR INACCURACIES.

16. Indemnification

You agree to indemnify and hold harmless Need Theo, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

17. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings. We may suspend or terminate your access for violation of these Terms or for any reason with 30 days' notice. Upon termination, your right to use the Service ceases immediately.

What Happens After Termination

  • You lose access to the dashboard
  • Your phone numbers are released
  • We may delete your data after a retention period

18. Modifications to Terms

We may modify these Terms at any time by posting the revised version on our website. Material changes will be notified via email or in-app notification. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

19. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

20. Contact Information

If you have questions about these Terms, please contact us at:

Need Theo Email: legal@needtheo.com


By using Need Theo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.