Terms of Service

Effective: May 8, 2026 · Last updated: May 8, 2026

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "Client") and CloudBay AI, LLC, a Colorado limited liability company ("CloudBay," "we," "us," or "our"). By creating an account, signing an order form, or using any part of the CloudBay service, you agree to these Terms. If you do not agree, do not use the service.

2. The service

CloudBay provides a managed AI receptionist service ("Service") for local businesses. The Service typically includes:

• Configuration and operation of an AI-powered phone receptionist;
• Inbound call answering, lead qualification, and appointment booking;
• Missed-call SMS text-back and follow-up workflows;
• Calendar and CRM integrations;
• Weekly performance reporting and prompt tuning;
• Standard customer support, with optional priority support on higher tiers.

Specific features, call volumes, and integrations included with your plan are described on our pricing page or in your order form.

3. Your account

You must provide accurate information when registering and keep your login credentials secure. You are responsible for all activity that occurs under your account. Notify us immediately at support@getcloudbay.com if you suspect unauthorized use.

4. Subscription, payment & cancellation

• Plans are billed monthly in advance. Current pricing is published at getcloudbay.com/#pricing.
• Overage for calls beyond your monthly cap is billed at the rate published on the pricing page (currently $0.75 per inbound call beyond cap), assessed at the end of each billing period.
• HIPAA add-on is billed monthly in addition to your base plan.
• Auto-renewal: subscriptions automatically renew each month until cancelled.
• Cancellation: you may cancel anytime by emailing support@getcloudbay.com or through your account portal. Cancellation takes effect at the end of the current billing period; we do not pro-rate partial months except as required by law or under the money-back guarantee below.
• Failed payments: if a payment fails, we may suspend or terminate the Service after reasonable notice.
• Taxes: stated prices do not include taxes. You are responsible for any applicable sales, use, or similar taxes.

5. 30-day money-back guarantee

If you are not satisfied with CloudBay during your first 30 days of paid service, contact us at support@getcloudbay.com and we will refund your first monthly subscription fee. Telephony pass-through fees, third-party usage charges, and HIPAA add-on fees are non-refundable. The guarantee applies to your first paid month only.

6. Acceptable use

You may not, and may not allow others to:

• Use the Service to send unsolicited bulk SMS, robocalls, or other content prohibited by the Telephone Consumer Protection Act (TCPA), CAN-SPAM, or carrier policies (including A2P 10DLC and CTIA messaging principles);
• Use the Service for content related to sex, hate, alcohol, firearms, tobacco, illegal drugs, gambling, payday or high-cost loans, or any subject matter prohibited by carrier rules ("SHAFT-style" restrictions);
• Impersonate any person or entity, or misrepresent your relationship with any person or entity;
• Attempt to reverse-engineer, decompile, copy, or resell the Service or any portion of it;
• Use the Service to violate any applicable law, regulation, or third-party right;
• Interfere with the operation, security, or integrity of the Service.

We reserve the right to suspend or terminate your access for violations of these rules without refund.

7. Your obligations as a CloudBay client

• You represent that you have authority to forward your business phone number(s) to CloudBay and to authorize CloudBay to send SMS on your behalf.
• You will provide accurate information about your business, services, and operating procedures so we can configure the Service properly.
• You are responsible for the substance of your business operations, including any commitments made by your business through the Service.
• For healthcare clients, you must execute a Business Associate Agreement (BAA) with CloudBay before transmitting protected health information through the Service.

8. Intellectual property

CloudBay retains all rights, title, and interest in and to the Service, our software, our prompts and configurations, our brand assets, and any improvements or derivative works. You retain ownership of your business data, content you provide to us, and any output the Service generates that is specific to your business operations. You grant CloudBay a limited license to use, host, process, and transmit your business data solely as needed to provide and improve the Service.

9. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimers

The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

CloudBay uses third-party AI models. AI output may contain errors or omissions. We do not guarantee that the Service will be uninterrupted, error-free, or that AI responses will always be accurate. You should verify any output that is material to your business decisions.

11. Limitation of liability

To the maximum extent permitted by law, CloudBay's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts you paid to CloudBay in the three (3) months immediately preceding the event giving rise to the claim. CloudBay will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

12. Indemnification

You will defend, indemnify, and hold harmless CloudBay and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service in violation of these Terms; (b) your violation of any law or third-party right; or (c) any content or instructions you provide to us that are unlawful or inaccurate.

13. Termination

Either party may terminate the Service for any reason on written notice. We may suspend or terminate your account immediately if you violate these Terms or fail to pay fees when due. On termination: (i) your right to use the Service ends; (ii) we may delete your data after a reasonable wind-down period as described in our Privacy Policy; (iii) any fees accrued before termination remain payable.

14. Governing law & disputes

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-law principles. Any dispute will be brought exclusively in the state or federal courts located in Douglas County, Colorado, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates the most recent revision. Material changes will be communicated by posting a notice on our website or, where appropriate, by direct notice. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

16. Contact

Questions about these Terms?

• Email: hello@getcloudbay.com
• Phone: (720) 637-2233
• Mail: CloudBay AI, LLC · 4833 Front St, Ste B, Castle Rock, CO 80104, USA