Terms and Conditions
Last Updated: May 22, 2024
1. Agreement to Terms
By accessing or using the services provided by The Midnight Operator, you agree to be bound by these Terms and Conditions and our Privacy Policy. Our platform provides AI-powered front-office solutions, including virtual reception, automated lead follow-up, and appointment management specifically designed for home service businesses such as HVAC, plumbing, and electrical contractors. If you do not agree to all of these terms, you are prohibited from using the service and must discontinue use immediately.
2. Intellectual Property and Use of Service
The Midnight Operator grants you a limited, non-exclusive, non-transferable license to access our AI tools for your internal business operations. All software, proprietary algorithms, branding, and content used to provide the virtual receptionist and automated texting services remain the exclusive property of The Midnight Operator. Users are prohibited from the following:
- Attempting to reverse engineer, decompile, or extract the source code of the AI receptionist or communication platform.
- Using the automated texting or calling features to send unsolicited marketing communications in violation of TCPA, GDPR, or other telecommunications regulations.
- Using the service to transmit any material that is unlawful, harassing, or fraudulent, or misrepresenting the nature of your home service business.
3. Disclaimer and Limitation of Liability
The Midnight Operator is provided on an 'AS IS' and 'AS AVAILABLE' basis. While our AI is engineered to provide high-quality front-office support, we do not guarantee that the service will be uninterrupted or error-free. The Midnight Operator shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, missed service appointments, or data inaccuracies resulting from the use or inability to use our automated systems.
4. Governing Law and Modifications
These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which The Midnight Operator is headquartered, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved in the appropriate courts of said jurisdiction.
We reserve the right to modify these terms at any time to reflect changes in our AI technology or legal requirements. We will notify users of material changes by updating the 'Effective Date' at the top of this page. For any inquiries regarding these terms, please reach out through the contact form on our website.