1. Overview
These Terms of Service govern your use of the messaging and voice services of Trace Technologies, Inc. d/b/a Howdy ("Howdy"), which are powered by AgentPhone (operated by Relay Innovations, Inc.). By opting in to receive text messages or voice calls from Howdy, you agree to these Terms.
2. SMS Messaging
SMS messages may be sent to anyone who has opted in to receive them. Messages may contain account notifications, product updates, and responses to your inquiries. Standard message and data rates may apply. Message frequency varies. You can opt out of messages at any time by replying STOP, or reply HELP for more info. Carriers are not liable for delayed or undelivered messages.
3. Voice Calls and Recording
Howdy may use an AI-powered voice agent to place or receive phone calls. By participating in a call with Howdy's AI agent, you acknowledge that the call may be recorded and processed. Call recordings may be used for service delivery and quality purposes. You may decline or end a call at any time.
4. Consent
By providing your phone number and opting in, you consent to receive automated SMS messages and automated or AI-generated voice calls from Howdy. Consent is not a condition of any purchase or service. You may revoke SMS consent at any time by replying STOP to any message. You may revoke call consent by contacting Howdy directly.
5. Data Sharing
All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
6. Service Provider
Howdy's messaging and voice services are powered by AgentPhone, a telephony platform for AI agents operated by Relay Innovations, Inc. AgentPhone provides infrastructure only, including number provisioning, message delivery, and call routing. Howdy is solely responsible for all message content, voice call content, consent collection, and compliance with applicable laws. AgentPhone and Relay Innovations, Inc. do not control, review, or approve Howdy's communications and are not responsible for Howdy's compliance. For questions about the underlying platform, see AgentPhone's Terms of Service and Privacy Policy.
7. Disclaimer of Warranties
Howdy's messaging and voice services are provided "as is" and "as available" without warranties of any kind, express or implied. Neither Howdy, AgentPhone, nor Relay Innovations, Inc. warrant that the services will be uninterrupted, error-free, or free of harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, AgentPhone and Relay Innovations, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to Howdy's use of the platform or any messages or calls sent through it. AgentPhone's total liability shall not exceed the fees paid by Howdy to AgentPhone in the twelve months preceding the claim.
9. Indemnification
Howdy agrees to indemnify, defend, and hold harmless AgentPhone and Relay Innovations, Inc., their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of Howdy's use of the services, including any failure to obtain proper consent or comply with applicable telecommunications laws.
10. Contact
For questions about the services of Trace Technologies, Inc. d/b/a Howdy, contact saner@itshowdy.com.