Terms of Service

1.1. Account Creation

In order to access and use Siphond, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

1.2. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.1. Limited License

Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use Siphond solely for your business purposes.

2.2. Restrictions

You may not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make Siphond available to any third party.

2.3. CRM Integrations

When connecting our Service with your CRM system:

• You are responsible for obtaining all necessary permissions and rights from your CRM provider to share data with our Service
• You warrant that your use of any CRM integration complies with your agreement with the CRM provider
• You acknowledge that we are not responsible for any changes made by CRM providers that may affect the integration
• We reserve the right to modify or discontinue any CRM integration features with reasonable notice
• You are responsible for maintaining the security of your CRM credentials and API keys
• We will handle any CRM data in accordance with our Privacy Policy and applicable data protection laws
• You acknowledge that the availability and functionality of CRM integrations may depend on third-party services outside our control

2.1. Ownership

Siphond and all intellectual property rights therein are and shall remain the exclusive property of Aerin Holdings. Nothing in this Agreement shall convey to you any right, title, or interest in or to Siphond except for the limited license expressly granted herein.

2.2. Marketing Rights

By using the Service, you grant Aerin Holdings., doing business as Siphond, a worldwide, royalty-free, non-exclusive license to:

• Use your company name, logo, and trademarks
• Display your business information in marketing materials
• Include your logo on our website and presentations
• Share your success stories and testimonials
• Reference you as a customer in promotional materials

This license excludes information obtained through Google APIs and information aggregated, de-identified, or derived from it.

3.1 Beta Testing and Usage

The Service is currently offered as a beta. It is provided as-is, may change or be discontinued, and may contain errors or interruptions. Features described here may not all be available, and we may add, modify, or remove features at any time. During the beta program, paid features may be limited or unavailable.

4.1. Privacy Policy

We will handle any personal data provided by you in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.

4.2. Telephony Providers

Our telephony providers are Autocall.ai (“AI Voice Inbound Call Handler”) and Twilio. These providers act as service processors on our behalf. Siphond adheres to Autocalls.ai use terms which can be reviewed here: Privacy Policy, Terms and Conditions, and Security and Compliance. By using our SMS, voice, and related communications services, you agree to comply with all applicable US laws and regulations regarding text messaging and telephony, including but not limited to the Telephone Consumer Protection Act (TCPA).

4.2.1. Prohibited Content

The use of the Service is strictly prohibited for:

• Initiating calls for illegal, fraudulent, abusive, harassing or discriminatory purposes;
• Transmitting obscene, defamatory, threatening content or content that infringes third-party rights;
• Processing personal data of minors without adequate parental consent;
• Uploading or transmitting viruses, malware or other malicious code;
• Using the Service for collecting confidential information through social engineering techniques;
• Any other use that violates applicable legislation or these Terms.

4.3. Phone Numbers

We do not port phone numbers. Numbers provisioned through the Service cannot be transferred or ported to another carrier, provider, or account. If you cancel or stop using the Service, you may not keep, transfer, or port those numbers.

4.4. SMS & Mobile Information Use

We collect mobile phone numbers only when a user voluntarily provides them to receive communications related to their inquiry, including service updates, estimates, scheduling, and follow-up messages. Mobile phone numbers, messaging data, and SMS consent are used solely to provide these requested communications.

We do not sell, rent, license, share, or transfer mobile phone numbers, messaging data, or SMS consent to third parties or affiliates for any marketing or promotional purposes. SMS consent is not shared with third parties.

4.5. SMS Opt-out

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. You may receive a confirmation message after opting out. Standard message and data rates may apply. Opting out of SMS does not affect your ability to receive email or other forms of communication unless explicitly requested.

4.6. Missed Call SMS Notifications and Lead Qualification

If you call our business and we are unable to answer, we may send you an automated text message notifying you of the missed call and offering further assistance.

If you wish to continue the conversation via text, you may reply YES to opt-in. Once opted in, we may ask a series of questions to help qualify your inquiry. You can opt out of receiving text messages at any time by replying STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any message from us. Standard message and data rates may apply.

4.7. SMS Data Retention and Processing

When you reply YES to an SMS from us, we may collect and store your responses to qualify your inquiry and provide relevant assistance.

This data is processed and retained for 6 months, unless a longer retention period is required by law or necessary for legitimate business purposes.

We do not share or sell this data to third parties.

4.8. SMS Compliance

By using our SMS services, you acknowledge that you are providing express written consent to receive text messages from us.

We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and the CTIA Messaging Principles and Best Practices.

We reserve the right to modify or terminate SMS services at any time.

4.8.1. Customer Messaging Compliance

If you use the Service to send text messages, initiate SMS conversations, or enable AI-assisted SMS replies to your leads or customers, you represent and warrant that you have obtained and will maintain all notices, disclosures, and consents required by applicable law before any message is sent.

This includes compliance with the TCPA, applicable state privacy and telemarketing laws, carrier and aggregator requirements, CTIA guidelines, and any marketplace, referral, or lead-source rules that apply to the underlying lead.

You, and not Siphond, decide whether a person is contacted, when a message is sent, what content is sent, and what consent standard applies. For those messages, you are the sender and initiator for legal and compliance purposes, and Siphond is a software provider acting at your direction.

4.8.2. Your Responsibilities for Outbound Messaging

You are solely responsible for:

• Determining whether a lead or customer may lawfully be contacted by text, whether manually, automatically, or with AI assistance
• Maintaining records of consent and any supporting disclosures or opt-in flows
• Honoring STOP, opt-out, do-not-contact, reassigned-number, and wrong party signals
• Ensuring message content, timing, targeting, and frequency comply with applicable law and carrier rules
• Avoiding the use of purchased, scraped, or otherwise unlawful contact data through the Service
• Stopping messages to numbers you know or should know are reassigned, invalid, or associated with the wrong person

4.8.3. Telemarketing and Advertising Messages

If your texts contain advertising, marketing, solicitation, or telemarketing content, you are solely responsible for determining whether prior express written consent or any additional disclosures are required before sending those messages and for obtaining them before the first message is sent.

4.8.4. Third-Party Lead Sources and Marketplaces

If a lead originates from a third-party source, referral partner, marketplace, ad network, inbound email gateway, or other external channel, you are solely responsible for complying with the rules, restrictions, and permitted-use terms applicable to that source before contacting the lead through SMS, voice, email, or AI-assisted messaging.

4.8.5. No Legal Advice

Siphond provides software tools only and does not provide legal advice. Features such as consent checkboxes, opt-out language, message templates, AI suggestions, or compliance-related settings are provided for convenience only and do not replace your obligation to obtain legal advice and ensure lawful use of the Service.

Carrier approval, 10DLC registration, message deliverability, use of suggested templates, or the availability of any compliance-related feature does not mean your messaging practices are lawful or approved for your particular use case.

4.8.6. Suspension for Messaging Risk

We may suspend, limit, or terminate messaging features or accounts if we believe your use of the Service creates legal, carrier, spam, fraud, or deliverability risk for us, our providers, or other customers.

We are not liable for message blocking, filtering, surcharging, throttling, registration delays, or other enforcement actions taken by carriers, aggregators, marketplaces, or service providers in response to your messaging activity or risk profile.

4.9. AI Voice Inbound Call Handler and AI Telephony Services

When you enable the AI Voice Inbound Call Handler and/or any of the AI Telephony Services, all inbound calls are automatically recorded and transcribed so the AI can function as a live answering service.

Recordings and transcripts are delivered to the account owner via the dashboard and are retained for up to 6 months unless a longer period is required by law.

You must inform callers that the call is being recorded and obtain any consent required under federal or state call-recording laws.

We do not guarantee transcription accuracy and are not liable for losses arising from transcription errors or delayed delivery of records.

4.9.1. AI Disclosure and Jurisdiction-Specific Compliance

You are solely responsible for understanding and complying with all federal, state, provincial, local, industry-specific, and other laws, regulations, or rules that apply to your use of AI, automated calling, recorded conversations, and AI-assisted customer communications in each jurisdiction where you operate or where your callers are located.

This includes any law or rule that requires disclosure, consent, or special notice when a person is interacting with an AI system, automated system, recorded line, or AI-assisted representative, including laws in certain jurisdictions that may require callers to be informed that they are speaking with AI.

You, and not Siphond, are responsible for determining what notices, scripts, prompts, caller disclosures, opt-ins, or operational controls are required for your specific use case and geography before enabling or using AI voice features.

4.10. Outbound Click-to-Call

The Service may allow authorized Business Users to place outbound calls from the Siphond dashboard using configured business phone numbers.

For outbound click-to-call communications, you are the data controller for End-User content and Siphond acts as a data processor/service provider operating under your instructions.

Depending on account settings, outbound calls may be recorded, transcribed, summarized, and stored in conversation history. You are solely responsible for configuring recording behavior and complying with all applicable call-recording and consent laws in each jurisdiction where calls are made or received.

You represent and warrant that, before placing or recording outbound calls through the Service, you have obtained all required disclosures, permissions, and consents under applicable law and carrier/network policies.

Call-recording and consent rules vary by state and jurisdiction (including one-party and all-party consent requirements). You are responsible for legal compliance in each location where calls originate or terminate.

You agree not to use outbound click-to-call for emergency services, unlawful calling activity, harassment, or any purpose prohibited by applicable telecommunications law or carrier policy.

We do not guarantee uninterrupted call completion, transcription accuracy, or availability of third-party telephony services and are not liable for losses caused by carrier outages, webhook failures, or transcription errors.

Unless a longer period is required by law or legal process, outbound click-to-call metadata, recordings (if enabled), and associated transcripts/summaries are generally retained for up to 6 months.

4.11. End-User Data & Consent

"End Users" means any natural person who calls, texts, or otherwise interacts with numbers, widgets, or links provisioned through the Service.

You (the Business User) are the Data Controller for End-User content; we are a Data Processor / Service Provider acting on your documented instructions.

You must:

• Provide a legally-adequate privacy notice to each End User explaining that calls may be recorded, AI may process the content, and transcripts may be stored
• Collect all consents required by call-recording, e-privacy, TCPA, CTIA, or similar laws before the interaction occurs
• Honor all End-User requests to access, correct, or delete their data and promptly relay such requests to us if our assistance is needed
• End Users that proceed after being notified are deemed to have accepted these Terms as third-party beneficiaries but no privity of contract exists between Aerin Holdings. (DBA Siphond) and the End User

5.1. Payment Terms

The use of Siphond may be subject to payment of applicable fees. You agree to pay all fees specified in accordance with the payment terms provided to you at the time of purchase.

5.1.2 Fee Changes

We reserve the right to modify fees. Any modification will be notified in advance. Continued use of the Service after the new fees take effect constitutes acceptance thereof. In case of disagreement, you may cancel the subscription before the new fees apply.

5.2. Refund Policy

Refunds are provided at our sole discretion. Setup fees and usage incur costs, so refunds may not be provided for months in which the Service was used. One-time onboarding, implementation, setup, or activation fees are not refundable. If you request a refund of subscription fees, you must meet the following criteria:

Refund Request Timeline: The refund request must be submitted within 30 calendar days from the date of your initial subscription purchase.

Account Eligibility: Refunds are only available to first-time subscribers. Renewals and subsequent purchases are not eligible for a refund.

Request Process: To request a refund, contact our support team at info@siphond.com with your account details and reason for the refund.

Please note:

• Refunds, if approved, will be processed to the original payment method used at the time of purchase
• One-time onboarding, implementation, setup, and activation fees are not refundable
• Refunds may not be provided for months in which there was usage of the Service
• Refund requests made after the 30-day window will not be considered
• Abuse of the refund policy, as determined by our team, may result in account suspension

5.3. Usage Overage Billing

Each plan includes a monthly usage allotment. Usage that exceeds the allotment ("Overage Usage") are billed in arrears on the first invoice issued after the usage month ends.

You may disable overage billing prospectively through the billing portal, but any Overages already incurred before the toggle date remain payable.

If you cancel your subscription, the final invoice will still include Overage charges for the preceding month.

Overage rates are published on the pricing page and may change with 30 days' notice.

6.1. As-Is Service

Siphond is provided on an "as-is" and "as available" basis. We make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to Siphond. We do not warrant that the Service will be uninterrupted, error-free, or that the AI agent’s responses or bookings will be accurate or complete.

7.1. Liability Limits

In no event shall Aerin Holdings. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with this Agreement.

Without limiting the foregoing, Aerin Holdings. is not liable for carrier filtering, blocking, surcharges, registration rejections, marketplace enforcement, governmental inquiries, or messaging-related fines, penalties, or claims arising from your contacts, consent practices, message content, targeting decisions, or use of third-party lead data.

8.1. User Indemnification

You agree to indemnify, defend, and hold harmless Aerin Holdings. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of Siphond.

8.2. End-User Claims

You agree to indemnify and hold us harmless from any claim, fine, or loss arising out of (i) your failure to obtain valid End-User consent, (ii) your misuse of call recordings or transcripts, or (iii) any allegation that your use of the Service violated End-User privacy or communications laws.

This indemnity includes claims, investigations, carrier or aggregator penalties, government fines, statutory damages, settlement amounts, and attorneys' fees arising from your texting, calling, AI-assisted messaging, consent practices, list sourcing, or failure to honor suppression or opt-out requests.

8.3. Survival

Your obligations under this Section 8 survive suspension, termination, or cancellation of the Service.

9.1. No Emergency Services (911 or Critical Services)

Siphond is an automated AI receptionist service designed solely for general business inquiries, scheduling, and standard home service intake. Siphond is not a monitored emergency dispatch center, telecommunications service provider for emergency calls, or substitute for public emergency services. The service does not support or connect calls to 911, public safety answering points (PSAPs), or local law enforcement and fire services.

9.2. Urgent Home Emergencies and Risk Assumption

Home Service businesses and end customers acknowledge that home emergencies—including, but not limited to, burst pipes, water flooding, furnace or heating explosions, gas leaks, electrical fires, or structural hazards—require immediate, human intervention and, where appropriate, contact with public emergency services.

Siphond does not guarantee:

• Real-time routing or instantaneous delivery of urgent messages or calls
• Immediate response times by the subscriber, the Business User, or home service provider
• Continuous, uninterrupted, or error-free telephony and AI operational uptime

You agree that Siphond shall have no responsibility or liability for any failure, delay, or inaccuracy in capturing, conveying, or responding to any time-sensitive or emergency situation.

9.3. Exclusion of Specific Emergency Liability and Damages

To the maximum extent permitted by applicable law, in no event shall Aerin Holdings dba Siphond, its associated parent company, affiliates, officers, directors, employees, agents, constructors, vendors or suppliers be liable to you or any third party (including your customers) for any indirect, incidental, special, consequential, or punitive damages—including, without limitation, property damage, personal injury, loss of business, loss of profits, or business interruption—arising out of or related to:

• Any customer's inability to reach a home service provider during an emergency through the Siphond telephony system;
• Delayed, lost, misrouted, or misformatted call transcriptions, notifications, or voice messages concerning urgent or emergency situations; or
• Any action, inaction, or delayed response by a home service business or third party following a contact attempt made through Siphond.

10.1. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of New Hampshire, USA, without regard to its conflict of law principles.

11.1. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12.1. Entire Agreement

This Agreement constitutes the entire agreement between you and Aerin Holdings. regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.

13.1. Entire Agreement

Neither party shall be liable for failure or delay in performance of its obligations (except for payment obligations) caused by events beyond the reasonable control of the affected party, including: natural disasters, pandemics, national emergencies, labour disputes, governmental actions, power outages, internet service disruptions, acts of terrorism or war ("Force Majeure Events").