Terms of Service

Version 2026-10-28 · Effective October 28, 2026

1. Who we are and agreeing to these Terms

These Terms of Service ("Terms") are a legal agreement between you and the provider of the Driftpoint platform ("Driftpoint," "we," "us," or "our"). Driftpoint is provided by Howell Services LLC, a Florida limited liability company (Florida document number L26000520456), formed October 8, 2026. Anything Cody Howell provided before that date was provided for the company, and these Terms cover it. To the fullest extent permitted by law, your agreement is with the company only: the company's owners, members, managers, officers and employees are not personally parties to these Terms and are not personally liable under them.

The "Service" means every website, web portal, dashboard, mobile app (including the Howell Construction app and other apps we build or host for you), AI assistant, phone line, messaging and email feature, automation, API and related service we provide.

You accept these Terms by clicking or tapping to accept them, by creating or signing in to an account, or by using the Service. Our Privacy Policy is part of these Terms. If you do not agree, do not use the Service.

If you use the Service for a business or other organization, you accept these Terms for yourself and for that organization, and you confirm you have authority to bind it. "You" then means both you and that organization.

2. Eligibility and business use

You must be at least 18 years old and able to form a binding contract. The Service is built for running businesses and households. It is not intended for children, and you may not let anyone under 18 use your account.

3. The Service

The Service may include business dashboards, client and lead management, email, calling and texting, call answering and voicemail, call recording and transcription, time clocks, invoicing, bookkeeping and reporting tools, document and evidence storage, AI assistants and automations. Features vary by account and may change over time.

We may add, change, suspend or remove features at any time. Some features are labeled beta, preview or experimental. They may be unreliable and may be withdrawn without notice. We do not promise that any feature will remain available.

The Service depends on networks, devices, servers and outside providers that we do not control. Messages, calls, emails, reminders, alerts, automations and AI responses may be delayed, filtered as spam, misdelivered, duplicated, interrupted or not sent at all. Do not rely on the Service as your only way to meet deadlines, legal duties or emergencies. The Service is not an emergency service. In an emergency, call 911.

An assistance tool, not a decision-maker

The Service is an assistance and organizational tool. It helps you keep track of information, prepare drafts and carry out tasks you choose. It does not make decisions for you, and we do not take responsibility for the results. You alone decide what to do, and you alone are responsible for the results of your decisions and actions, including in:

• your finances, budgeting, spending and purchases;
• banking, payroll, taxes and business operations;
• applications for benefits and other dealings with government agencies;
• legal matters, court cases, and communications with lawyers, caseworkers, agencies and courts;
• health, safety, childcare and family matters; and
• anything sent, posted, filed or done by or through the Service at your instruction or with your approval.

No fiduciary or professional relationship. We are not your financial adviser, investment adviser, accountant, tax preparer, attorney, agent, broker or fiduciary, and nothing in the Service creates any of those relationships. A recommendation, warning, approval, score, budget, estimate, draft or summary in the Service is general information to help you think something through. It is not advice you are entitled to rely on.

Documents are yours to check. Documents the Service helps you prepare (for example proof-of-income packages, pay records, invoices, letters, complaints, applications and evidence files) are your documents. Before you sign, send or file one, you are responsible for making sure it is true, complete and right for your purpose.

Keep your own copies. Keep your own copies of anything important. The Service is not a guaranteed record-keeping or backup system.

Construction work is separate. Howell Services LLC also performs construction and handyman work. That work is governed only by the written estimate or contract for that job. These Terms cover only the software, apps, AI assistants and related digital services, and they neither add to nor reduce our responsibilities for construction work.

4. AI features

The Service uses artificial intelligence to draft messages and documents, answer calls, sort leads and mail, summarize information and take automated actions you set up or approve. You understand and agree that:

• AI output can be wrong, incomplete, outdated, offensive or inappropriate for your situation, even when it sounds confident.
• AI output is not legal, tax, accounting, financial, medical, insurance, employment or other professional advice, and no professional relationship is created by your use of the Service. Consult a qualified professional before relying on it.
• You are responsible for reviewing AI output before you use, send, file or act on it. You are responsible for the actions you instruct, approve or allow the Service to take for you, such as sending an email or text, placing a call, publishing a post or updating a record.
• Some AI features run on your own account with an outside AI provider (for example, your own Claude subscription). That provider's terms and limits apply. We are not responsible for its availability, usage limits, output or changes.

5. Calls, texts, emails and recordings

When the Service sends an email, text or voicemail, places or answers a call, or records or transcribes a call for you, you are the sender and the party responsible for that communication. You agree that:

• You will get and keep any consent the law requires before you or the Service texts, calls or emails anyone. This includes prior express written consent for marketing texts and autodialed or prerecorded calls under the Telephone Consumer Protection Act. You will honor opt-outs such as "STOP" and follow carrier messaging rules, CAN-SPAM and similar laws.
• Call recording laws differ by state. Some states, such as California and Florida, require the consent of everyone on the call. The Service can play a recording notice, but you decide when and how recording is used, and you are responsible for giving any notice and getting any consent required by the law that applies to each call.
• You will not use the Service to send spam, to harass anyone, to impersonate anyone, or to make calls or send messages that are unlawful, deceptive or abusive.
• Phone numbers we provide or manage for you remain subject to carrier and provider rules. They may be suspended if those rules are broken.

6. Business, financial, payroll and tax tools

Bookkeeping, invoicing, time-clock, payroll-related, compliance and tax features are organizational tools. We are not a certified public accountant, tax preparer, payroll provider, e-file provider, bank, lender, insurer or law firm, and we do not file returns, pay taxes, run payroll or move money for you unless a feature expressly says so and you approve each action. You are responsible for checking every figure, deadline, rule and filing, and for keeping your own records. Time-clock and location records are only as accurate as the devices and people that create them. You are responsible for following wage-and-hour, employment, privacy and tax laws for your workers.

Budgeting, spending, purchase-approval, bank-reading, owner-pay and similar features show estimates based on the information available to them, which may be incomplete, delayed or wrong. They are not financial advice. We are not responsible for any purchase, payment, transfer, overdraft, fee, tax, penalty, interest or loss, whether or not the Service suggested, approved or warned about it.

7. Your account and security

Keep your password, PIN, devices and any setup links secret and secure. You are responsible for all activity under your account, including activity by anyone you give access to, such as employees, family members or contractors, until you tell us your account has been compromised. Tell us right away at the contact below if you suspect unauthorized access. We may require you to change credentials, sign in again, or accept updated terms before you keep using the Service.

8. Acceptable use

You will not, and will not help anyone else to:

• break any law or violate anyone's rights, including privacy, publicity and intellectual-property rights;
• upload or send malware, or anything illegal, fraudulent, defamatory, threatening, hateful or sexually exploitative;
• try to access accounts, data or systems that are not yours, probe or bypass security or access controls, or interfere with the Service or its users;
• copy, resell, rent, sublicense, reverse engineer, decompile or build a competing product from the Service, except where the law expressly allows it despite this restriction;
• scrape, overload or automate access to the Service except through features we provide;
• use the Service to make decisions about anyone's eligibility for credit, employment, housing or insurance without complying with the laws that apply to those decisions.

9. Third-party services and accounts

The Service works with outside services such as hosting providers, telephone and messaging carriers, email providers, AI providers, social networks, payment processors, app stores and mapping services. Some of them run under your own accounts. Those services are governed by their own terms and privacy policies. We do not control them and are not responsible for their acts, failures, outages, fees, data handling or changes. You are responsible for complying with their terms, including any account, usage or content rules.

10. Your content and data

You own your content. "Your content" means the information, files, messages, recordings, contacts and records that you or people acting for you put into the Service, or that the Service collects for you.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, adapt and back up your content, and to share it with our service providers. This license is only to operate, secure, support, maintain and improve the Service for you, to follow your instructions, to comply with law and to enforce these Terms. It ends when your content is deleted from our systems, except for copies we must keep by law or that remain in backups until they cycle out.

We may create aggregated or de-identified information that does not identify you, your business or any person, and we may use it for any lawful purpose. We do not use your content to train AI models without your separate, express consent.

You confirm that you have every right, notice and consent needed for us to process your content as described, including information about your customers, employees, family members and the people you call, text or email. You are responsible for your content and for your own legal duties to those people.

We take reasonable steps to protect and back up the Service, but we do not guarantee that content will never be lost, corrupted or unavailable. You are responsible for keeping your own copies of anything important.

If you send us ideas or feedback, we may use them for any purpose without restriction or payment to you.

11. Fees

Fees, if any, are set out in your order, quote, package or other written agreement with us ("Order"). If an Order conflicts with these Terms, the Order controls only for price, scope and payment schedule. Unless the Order says otherwise, fees are due as invoiced, are non-refundable except where the law requires a refund, and do not include taxes or third-party costs such as your own AI subscription, phone carrier usage, domain names, hosting or app-store fees. We may suspend the Service if fees are overdue. We may change fees for future periods with at least 30 days' notice.

12. Our property and your license

The Service, including its software, code, designs, workflows, prompts, templates, documentation and branding, belongs to Driftpoint and its licensors and is protected by law. Except for your content, no rights are transferred to you. Subject to these Terms and any Order, we give you a limited, revocable, non-exclusive, non-transferable license to use the Service, and to install our apps on devices you control, for your own internal use. Apps may update themselves automatically to keep them secure and working.

13. Suspension and termination

You may stop using the Service at any time. We may suspend or end your access, or remove content, at any time if we reasonably believe that you broke these Terms or the law, that your use creates risk or harm for us, other users or anyone else, that a provider or carrier requires it, or that fees are overdue. We may also end the Service or any part of it for any reason with 30 days' notice. Where it is reasonable and lawful, we will give you notice and a chance to export your content. After termination, we may delete your content after 30 days unless the law requires us to keep it. Sections 4–6, 10, 12 and 14–20, and any amounts owed, survive termination.

14. Disclaimers

To the fullest extent permitted by law, the Service and all content, AI output and information in it are provided "as is" and "as available," with all faults and without warranties of any kind, express, implied or statutory. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, timely, secure, error-free or free of harmful components, that it will meet your needs, that any defect will be corrected, or that any content will be preserved. You use the Service at your own risk. We are not responsible for the outcome of any legal matter, agency decision, benefits application, financial decision, business decision or other matter in which you use the Service.

15. Limitation of liability

To the fullest extent permitted by law: (a) Driftpoint and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors and assigns (together, the "Driftpoint parties") will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, business, goodwill or data, or the cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if advised that they were possible; and (b) the Driftpoint parties' total liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (i) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).

These limits apply even if a remedy fails of its essential purpose. They are an essential part of the bargain between you and us. Some jurisdictions do not allow certain limits, so some of them may not apply to you. In that case they apply to the greatest extent the law allows. No owner, member, manager, officer, employee or contractor of Driftpoint will be personally liable to you for any claim arising out of these Terms or the Service, except as the law requires.

16. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Driftpoint parties from and against any third-party claim, demand, investigation, fine, penalty, loss, damage, liability, cost and expense (including reasonable attorneys' fees) that arises out of or relates to: (a) your content; (b) your use of the Service, including communications, recordings and actions sent, made or taken for you; (c) your breach of these Terms or any Order; (d) your violation of any law or any third party's rights, including consent, recording, messaging, privacy, employment and tax laws; or (e) your business, including your dealings with your customers, employees, contractors and vendors. We may take over the defense of any claim at your expense, and you will cooperate with us. You may not settle a claim that affects us without our written consent.

17. Disputes: individual arbitration and class-action waiver

Please read this section carefully. It affects your legal rights. Except as described below, you and we agree to resolve disputes through final and binding individual arbitration, not in court, and to give up the right to a jury trial and to take part in a class action.

17.1 Informal resolution first. Before starting arbitration, the party with a dispute must send the other a written notice describing it and the relief requested. Notices to us go to the email in Section 21. Both parties will try in good faith to resolve the dispute informally for at least 30 days after the notice is received.

17.2 Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to these Terms, the Service, any Order or our relationship, including whether it must be arbitrated, will be resolved by binding individual arbitration. The only exceptions are listed in Section 17.4.

17.3 Rules and location. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you use the Service mainly for personal or household purposes, and under its Commercial Arbitration Rules otherwise, as modified by this Section. A single arbitrator will decide it. Unless both parties agree otherwise, the hearing will take place by video or telephone, or in the county where you live if a hearing in person is required. The arbitrator may award the same individual relief a court could award, but only to the individual party and only to the extent needed for that party's claim. The Federal Arbitration Act governs this Section.

17.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there, and (b) ask a court for an injunction or other equitable relief to stop actual or threatened infringement, misuse or misappropriation of intellectual property, unauthorized access to accounts or systems, or a breach of security or confidentiality.

17.5 Class-action and jury waiver. You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of different people or preside over any class or representative proceeding. You and we waive any right to a jury trial. If this Section 17.5 is found unenforceable for a particular claim, that claim (and only that claim) must be severed and heard in court, after the individual arbitration of all other claims is finished.

17.6 Fees. Payment of AAA filing, administration and arbitrator fees will be governed by the AAA rules. If the arbitrator finds a claim frivolous or brought for an improper purpose, they may award fees and costs as the rules and the law permit.

17.7 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

17.8 30-day opt-out. You may opt out of this arbitration agreement by emailing us at the address in Section 21 within 30 days after you first accept these Terms. Your email must include your name and account, and state that you opt out of arbitration. Opting out does not affect any other part of these Terms.

17.9 Court venue. If a dispute is not arbitrated for any reason, it must be brought only in the state or federal courts located in Florida, and both parties consent to their personal jurisdiction and venue, unless the law requires a different venue for you.

18. Governing law

These Terms and any dispute between you and us are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs Section 17.

19. Changes to these Terms

We may update these Terms from time to time. We will post the new version here with a new version date. If a change is material, we will give you reasonable notice, for example in the app, by email or at sign-in. We may require you to accept the new version before you keep using the Service. Changes do not apply to disputes that arose before the change. If you do not agree to a change, stop using the Service. Continued use after the effective date means you accept the change.

20. General terms

• Electronic communications and signatures. You agree to receive notices, agreements and other communications from us electronically, including in the Service and by email. Your electronic acceptance has the same effect as a handwritten signature.
• Entire agreement. These Terms, the Privacy Policy and any Order are the entire agreement between you and us about the Service and replace any earlier understandings about it.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example to Howell Services LLC or in connection with a merger, sale or reorganization.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of networks, carriers, hosting or AI providers, cyberattacks, natural disasters, government action, labor disputes or illness.
• Severability and waiver. If any part of these Terms is unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect. Our failure to enforce a provision is not a waiver of it.
• Relationship. You and we are independent parties. These Terms do not create a partnership, joint venture, employment or agency relationship. There are no third-party beneficiaries, except the Driftpoint parties under Sections 15 and 16.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be interpreted against either party as the drafter.

21. Contact

Questions, notices, arbitration opt-outs and legal requests: cody@howellservices.driftpoint.us

Privacy Policy · Version 2026-10-28