Terms of Service

1. Agreement to Terms and Commercial Eligibility

These Terms of Service ("Terms") constitute a legally binding agreement between Litey ("Litey", "we", "us", or "our") and the individual or business entity accessing or utilizing our software, APIs, telephony infrastructure, or dynamic websites ("Contractor", "Client", "User", or "you").

Litey is designed, marketed, and provided exclusively for commercial business use by trade contractors (such as plumbing, HVAC, electrical, roofing, and property service companies) and commercial organizations. You represent and warrant that:

• You are at least 18 years of age and possess full legal authority to enter into this agreement on behalf of yourself or the business entity you represent.
• You are utilizing Litey solely for commercial, professional, or business trade operations, and not for personal, family, or household consumer purposes.
• All information provided during registration, onboarding, and billing is accurate, current, and complete.

2. Description and Scope of Services

Litey provides an integrated SaaS platform designed to automate lead generation and operational intake for trade contractors. Services include:

• Voice AI Receptionist: Automated inbound telephone answering, real-time natural language voice interactions, call recording, audio transcription, automated job classification, and call forwarding.
• Contractor Websites: Dynamic auto-generated trade landing pages hosted on Litey subdomains or custom domains.
• Lead Capture and Forms: Online quote request forms and customer inquiry intake tools.
• Review Routing: Feedback capture systems providing private feedback collection and redirection of positive reviews to external review profiles.
• Contractor Operating Dashboard: A web-based interface at systems.litey.net for reviewing call logs, audio playback, customer records, and operational settings.

Litey operates solely as an independent technology infrastructure provider. Litey is not a licensed trade contractor, subcontractor, emergency dispatcher, or party to any contract, agreement, or warranty between you and your end-customers.

3. Voice AI, Call Recording, and Wiretapping Compliance (Strict Contractor Responsibility)

Federal law (including the Electronic Communications Privacy Act, 18 U.S.C. § 2511 et seq.) and various state statutes (including California Penal Code § 632, Florida Stat. § 934.03, Illinois, Maryland, Massachusetts, Pennsylvania, and Washington) enforce strict requirements regarding the interception, recording, and disclosure of telephone communications, including two-party or all-party consent rules.

Sole Legal Responsibility of Contractor: You explicitly acknowledge and agree that:

• You are the business receiving inbound calls and the sole legal entity responsible for determining how calls are handled, greeted, and recorded.
• You are strictly responsible for ensuring that all callers receive immediate, unambiguous, and legally sufficient notice that the call is being recorded and transcribed (for example, by including an explicit prompt such as "This call is recorded for quality, scheduling, and training purposes" at the start of your Voice AI greeting) before any recording takes place.
• You are solely responsible for compliance with all federal, state, and local wiretapping, eavesdropping, call monitoring, and privacy statutes in every jurisdiction where you operate or receive calls.
• Litey provides software tools only. Litey does not provide legal advice, does not control the operational prompts you configure, and has no obligation to verify whether your voice prompts satisfy two-party consent laws.

You agree to fully defend, indemnify, and hold Litey harmless from any claims, regulatory enforcement actions, statutory damage awards, or class action lawsuits arising out of any failure to provide adequate call recording notice to callers.

4. Express Disclaimer: No Emergency Dispatch Services (No 911 / E911)

Litey disclaims all liability for any personal injury, loss of life, property destruction, water damage, structural failure, or civil claims resulting from any caller attempting to use contractor phone lines or Voice AI to report an emergency. Contractor agrees to clearly state on its promotional materials and greetings that emergency callers must dial 911 directly.

5. TCPA and Telemarketing Regulations

Contractor warrants that any use of Litey phone numbers, live call forwarding, SMS notifications, or callbacks complies strictly with the Telephone Consumer Protection Act (47 U.S.C. § 227) ("TCPA"), the Telemarketing Sales Rule (16 C.F.R. Part 310), the CAN-SPAM Act, and all national and state Do Not Call (DNC) registry rules.

Litey does not generate unsolicited marketing calls or outbound robocalls. Contractor is solely liable for any outbound communication, callback, or message initiated through or facilitated by the platform.

6. Disclaimer of AI Accuracy, Transcriptions, and Estimates

Litey employs artificial intelligence, machine learning, and automated speech-to-text algorithms provided by third-party model providers. Contractor expressly acknowledges and agrees that:

• Artificial intelligence technologies are inherently probabilistic and subject to errors, hallucinations, transcription misinterpretations, and incomplete capture of caller statements.
• Litey does not warrant or guarantee that AI conversation summaries, transcribed customer addresses, trade classifications, phone numbers, or job descriptions are accurate, complete, or error-free.
• Independent Verification Duty: Contractor is solely obligated to independently review and verify all customer inquiries, job requirements, service addresses, and scope details before performing trade work, dispatching vehicles, or issuing binding pricing.
• Zero Liability for Missed Jobs: In no event shall Litey be liable for any lost revenue, missed jobs, misrouted customer requests, scheduling mistakes, inaccurate price quotes, or customer dissatisfaction arising from Voice AI conversation handling or transcription errors.

7. Customer Review Routing and FTC Compliance

Litey provides configurable tools that allow contractors to collect customer feedback and invite satisfied customers to publish reviews on public platforms (such as Google Maps and Google Business Profile).

The Federal Trade Commission ("FTC") enforces strict guidelines regarding deceptive endorsements, review gating, and review suppression (including 16 C.F.R. Part 465). Contractor warrants that its use of Litey review collection features complies fully with FTC regulations, applicable state unfair trade practice acts, and Google Business Profile policies.

Contractor agrees not to unlawfully suppress genuine negative reviews or misrepresent consumer sentiment. Litey disclaims all responsibility for any disciplinary action, profile suspension, or penalty imposed on contractor by Google or regulatory authorities.

8. Billing, Subscriptions, Minute Top-Ups, and Cancellations

Platform access and services are provided on a recurring subscription basis and per-minute usage model managed through Whop Inc.

• Subscription Fees: Paid in advance on a recurring monthly billing cycle. Access to the dashboard, landing pages, and voice receptionist continues as long as payments remain current.
• Usage Top-Ups and Minutes: Voice AI receptionist minutes and carrier telephony capacity represent consumed utility usage. Prepaid balance top-ups are deducted as inbound calls are handled.
• No Refunds: Subscription fees, onboarding fees, and purchased telephony refill balances are strictly non-refundable once billed or deposited into your account balance, except where required by non-waivable statutory law.
• Suspension for Non-Payment: If an account payment fails, a balance is exhausted, or a chargeback occurs, Litey reserves the right to immediately suspend Voice AI phone answering, unpublish contractor websites, and disable account access without liability.

9. Telephony Carrier Terms and Number Allocation

Phone numbers provisioned through Litey are sourced from underlying telecommunications carriers (such as Telnyx). Phone numbers are assigned for platform operational use and remain subject to carrier network conditions, regulatory 10DLC restrictions, and carrier-level spam filtering.

Litey does not guarantee that calls will never experience carrier latency, dropped connections, line congestion, or carrier-level spam flagging. In the event of subscription termination or non-payment, phone numbers may be released back to carrier pools.

10. Intellectual Property and Content License

Litey Platform IP: All software, website templates, voice agent configurations, visual layouts, code, documentation, and trademarks belong exclusively to Litey and its licensors. You receive a limited, revocable, non-transferable license to access the platform during an active paid subscription.

Contractor Assets: Contractor retains ownership of logos, trademarks, and written copy supplied for use on contractor landing pages. Contractor grants Litey a worldwide, royalty-free license to host, display, and process these assets solely to deliver the services. Contractor warrants that supplied assets do not infringe any third-party intellectual property rights.

11. Comprehensive Indemnification

You agree to defend, indemnify, and hold harmless Litey, its parent entities, affiliates, officers, directors, employees, agents, service providers, and licensors from and against any and all claims, demands, liabilities, lawsuits, judgments, awards, damages, losses, penalties, fines, costs, and expenses (including reasonable attorney fees and expert witness costs) arising out of or related to:

• Your breach of any provision of these Terms or violation of applicable laws.
• Your use of Voice AI, telephony services, automated landing pages, or review routing tools.
• Any claim or action arising from call recording, wiretapping, or eavesdropping without proper caller disclosure or consent.
• Any violation of the TCPA, TSR, CAN-SPAM Act, or telecommunications regulations.
• Any violation of FTC review gating guidelines or deceptive advertising rules.
• Your underlying trade services, contractor workmanship, property damage, customer disputes, injuries, or failure to perform contracted work.
• Any unauthorized access or security breach resulting from your failure to protect your login credentials.

12. Disclaimer of Warranties

Services Provided Strictly "As Is" and "As Available"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LITEY PLATFORM, VOICE AI RECEPTIONIST, TELEPHONY ROUTING, AND CONTRACTOR WEBSITES ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. LITEY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

LITEY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT AI SUMMARIES OR TRANSCRIPTS WILL BE RELIABLE, OR THAT INBOUND CALLS WILL NEVER BE DROPPED OR MISSED.

13. Limitation of Liability

Strict Cap on Total Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LITEY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, SERVICE INTERRUPTIONS, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LITEY'S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO LITEY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

14. Mandatory Binding Individual Arbitration and Class Action Waiver

PLEASE REVIEW THIS SECTION CAREFULLY. IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS, REQUIRING BINDING INDIVIDUAL ARBITRATION RATHER THAN COURT PROCEEDINGS.

Binding Individual Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or the services provided by Litey shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The seat and venue of arbitration shall be Wilmington, Delaware. The arbitration shall be conducted in the English language by a single commercial arbitrator.

Class Action Waiver: YOU AND LITEY EXPRESSLY AGREE THAT ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Jury Trial Waiver: YOU AND LITEY HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

15. Account Suspension and Termination

Litey reserves the right to suspend or terminate your account, remove contractor websites, and disable Voice AI phone numbers immediately and without prior notice if:

• You violate any provision of these Terms or platform acceptable use policies.
• You fail to maintain required call recording notices or receive wiretapping complaints.
• Your account incurs unpaid subscription fees or negative minute balances.
• Telecommunications carriers report your phone number for spam, robocalls, or regulatory violations.
• Litey determines in its sole judgment that your continued use poses technical, reputational, or legal risks.

16. Governing Law and Severability

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of these Terms is determined by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

17. Modifications to Terms and Legal Inquiries

We may revise these Terms from time to time. Any changes will be posted to this page with an updated "Last Updated" date. Your continued access to or use of Litey following any update constitutes your acceptance of the revised Terms.