These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Phipps Custom Solutions LLC ("Company," "we," "us," or "our"), governing your access to and use of the WingsGotYou service, including any associated software, features, content, and websites (collectively, the "Service").
By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms in their entirety, you must not access or use the Service. Your continued use of the Service following any update to these Terms constitutes acceptance of those changes.
We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will notify you by email to the address associated with your account and/or by posting a prominent notice within the Service at least 30 days before the changes take effect. The updated Terms will include a revised "Effective Date" at the top of this page.
If you do not agree to the modified Terms, your sole remedy is to cancel your account before the effective date of the change. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.
To use the Service, you must meet all of the following requirements:
By using the Service, you represent and warrant that you meet all of the above eligibility requirements. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to both you individually and that entity.
We reserve the right to refuse access to the Service to any person or entity at any time, for any reason, with or without notice.
To access the Service, you must create an account by providing accurate, current, and complete information, including your full name, email address, cell phone number, and a secure password. You agree to keep this information accurate and up to date at all times.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:
We are not liable for any loss or damage arising from your failure to protect your account credentials. You may be held liable for losses incurred by us or others due to unauthorized use of your account resulting from your failure to take reasonable security precautions.
Each user may maintain only one active account. Creating multiple accounts to circumvent restrictions, suspensions, or terminations is a material breach of these Terms and may result in the permanent ban of all associated accounts.
WingsGotYou provides an AI-powered telephone agent ("Wing") that navigates automated interactive voice response (IVR) phone systems on your behalf. You instruct Wing to place calls, navigate menus, complete tasks, and report results back to you. Wing acts solely as your agent, executing your instructions within the technical capabilities of the Service.
Wing operates within the constraints of telephony technology and the automated systems it encounters. We do not guarantee that Wing will successfully complete every task on every call. Factors outside our control — including IVR system changes, call quality, and third-party system availability — may affect results. We make no warranty that the Service will meet your specific requirements or that any particular call outcome will be achieved.
We will make commercially reasonable efforts to keep the Service available. However, we do not guarantee any specific uptime level. The Service may be temporarily unavailable due to maintenance, system updates, outages of third-party providers, or circumstances beyond our reasonable control. We are not liable for any interruptions or downtime.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
The Service is offered on a subscription basis with plans as described on our pricing page. Plan features, included minutes, and pricing are subject to change with reasonable advance notice to existing subscribers.
By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis at the start of each billing cycle. Subscriptions renew automatically unless cancelled before the renewal date. You are responsible for all charges incurred under your account, including applicable taxes.
If your payment method is declined or fails, we may attempt to reprocess the charge. If payment remains unsuccessful after reasonable attempts, we reserve the right to suspend or downgrade your account until payment is received. You are responsible for keeping your payment information current and accurate.
All fees are non-refundable. We do not offer refunds or credits for any subscription period, whether used or unused, including partial billing periods, unused call minutes, or any other portion of the Service. This applies to all voluntary cancellations and any termination not caused by our breach of these Terms.
We reserve the right to change our subscription prices at any time. If we change the price of a plan you are currently subscribed to, we will notify you at least 30 days in advance. Price changes take effect at your next renewal date. Your continued subscription after a price change constitutes your acceptance of the new pricing.
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service. Where required, we will collect and remit applicable sales tax.
Your plan may include one or more categories of usage, each measured and billed separately. The current usage categories are:
We reserve the right, in our sole discretion, to define, redefine, add, remove, rename, re-categorize, or otherwise change any usage category (including Flight Minutes and Nest Time), what activities count toward each category, how time in each category is measured, and how each category is billed, at any time and from time to time, with or without prior notice. Changes that materially increase the fees payable by you will be communicated in accordance with Section 6.5 (Price Changes).
All call usage is measured in minutes and billed using the following rounding method, which is used in lieu of per-second billing:
Duration is measured by our Service from the moment a call, session, or standby period is initiated until it ends. Durations, categorizations, and usage totals are determined by our Service's records, which shall be conclusive absent manifest error.
You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, your access to the Service will continue through the end of your current paid billing period. No refunds or credits will be issued for the remaining portion of the billing period. After the billing period ends, your account will be downgraded or closed and you will lose access to paid features.
We reserve the right to suspend or permanently terminate your account immediately and without prior notice if we determine, in our sole discretion, that you have:
Termination for cause is immediate and carries no refund. Any remaining subscription balance, prepaid minutes, or unused credits are forfeited upon termination for cause. We are not obligated to provide a warning before taking this action.
We reserve the right to terminate your account for any reason or no reason with 30 days' written notice. In such cases, we will issue a pro-rated refund for any unused portion of your prepaid subscription period.
Upon termination or expiration of your account for any reason: (a) your right to access and use the Service immediately ceases; (b) we may delete your account data in accordance with our Privacy Policy; (c) any provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 8, 10, 12, 13, 14, 15, 16, and 17.
The Service is provided solely for lawful personal and business use consistent with these Terms. You agree that you will not — and will not permit others to — use the Service for any of the following:
Violation of any prohibition in this Section 8 may result in immediate account termination without refund, and may expose you to civil and criminal liability under applicable law. We cooperate fully with law enforcement investigations involving misuse of the Service.
"User Content" means any information, instructions, contact data, documents, or other materials you submit to or through the Service, including the instructions you give to Wing and any documents you upload to assist Wing in completing calls.
By submitting User Content to the Service, you grant Phipps Custom Solutions LLC a limited, non-exclusive, royalty-free license to access, process, store, and use your User Content to operate the Service and perform the tasks you request. You further acknowledge that call recordings and transcripts generated through your use of the Service may be used by us in anonymized and de-identified form — with all personal identifying information scrubbed — for internal purposes including improving Wing's performance, refining audio detection and speech algorithms, detecting scam activity, and training our staff and internal systems. This license does not permit us to use your personal identifying information for training purposes, to use your data for advertising, or to share your data with third parties beyond what is described in our Privacy Policy.
You represent and warrant that: (a) you own or have the necessary rights to submit all User Content; (b) your User Content does not violate the rights of any third party, including privacy rights, intellectual property rights, or contractual rights; and (c) your use of the Service to process your User Content complies with all applicable laws.
You agree not to submit through the Service any sensitive personal data belonging to third parties, including Social Security numbers, financial account numbers, medical records, or other categories of sensitive personal information, unless strictly necessary to complete a specific task you have authorized and for which you have obtained all required consents.
The Service, including all software, technology, designs, logos, trademarks, text, graphics, and other content created by us (collectively, "Company IP"), is owned exclusively by Phipps Custom Solutions LLC or its licensors and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Company IP.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include the right to: (a) copy, modify, or distribute any part of the Service; (b) reverse engineer or attempt to extract source code; (c) create derivative works based on the Service; or (d) use any Company IP in any commercial manner without our express written consent.
If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an irrevocable, perpetual, royalty-free, worldwide license to use, incorporate, and commercialize that Feedback in any way without compensation or attribution to you.
The Service relies on third-party providers for telephony, cloud infrastructure, speech processing, and AI capabilities. These providers are subject to their own terms of service and privacy policies. We are not responsible for the acts or omissions of any third-party provider, and their availability, accuracy, or compliance with law is not guaranteed by us.
The Service may also contain links to third-party websites. These links are provided for convenience only. We do not endorse, control, or assume responsibility for any third-party websites or services, and your use of them is at your own risk and subject to their own terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Phipps Custom Solutions LLC expressly disclaims all warranties, including but not limited to:
You acknowledge that AI-powered systems can produce unexpected results and that Wing's performance is subject to the technical limitations of telephony and automated speech technologies. You assume full responsibility for verifying any outcomes produced by Wing before relying on them.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHIPPS CUSTOM SOLUTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or cost of substitute services — arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
In no event shall our total aggregate liability to you for all claims arising out of or related to these Terms or the Service exceed the greater of (a) the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).
The limitations in this Section apply regardless of the theory of liability — whether based in contract, tort (including negligence), strict liability, or otherwise — and will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Phipps Custom Solutions LLC and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim. You must not settle any claim that imposes any obligation or liability on us without our prior written consent.
Before initiating any formal dispute, you agree to contact us at [email protected] and describe your dispute in reasonable detail. We will attempt in good faith to resolve the dispute informally within 30 days. If we are unable to resolve the dispute within that period, either party may proceed to binding arbitration as described below.
Except as otherwise stated in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in a court of law.
The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and we each waive the right to a jury trial and to participate in class proceedings, as further described in Section 16.
Notwithstanding the above, either party may seek relief in a small claims court for disputes within that court's jurisdictional limits. Either party may also seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, pending final resolution by arbitration.
Filing fees and arbitration costs will be allocated in accordance with the AAA Consumer Arbitration Rules. We will pay arbitration fees for claims under $10,000 unless the arbitrator finds the claim frivolous. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim or defense was brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
You may opt out of the arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
YOU AND PHIPPS CUSTOM SOLUTIONS LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS — WHETHER IN ARBITRATION OR IN COURT — WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You waive the right to participate as a plaintiff or class member in any purported class action, class-wide arbitration, private attorney general action, or any other representative proceeding. If a court or arbitrator determines that this class action waiver is unenforceable with respect to a particular claim, that claim must be severed and litigated in court, while all remaining claims proceed in individual arbitration.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.
These Terms and any disputes arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
For any disputes not subject to arbitration under Section 15 (including applications for emergency injunctive relief and small claims matters), you consent to the exclusive personal jurisdiction of the state and federal courts located in Texas, and you waive any objection to the laying of venue of any such proceeding in those courts.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Phipps Custom Solutions LLC regarding the Service and supersede all prior agreements, understandings, and communications between you and us relating to the Service.
If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions of these Terms will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Phipps Custom Solutions LLC.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets, without notice to or consent from you. Any attempted assignment in violation of this Section is void.
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, power failures, internet or telecommunications outages, or acts of any governmental authority.
These Terms do not confer any rights or remedies upon any third party. The Service is for the exclusive benefit of registered users who have agreed to these Terms.
We may provide notices to you via email to the address on your account or via a notice posted within the Service. Such notices are effective when sent. You may provide notices to us via email to [email protected], which are effective upon our confirmed receipt.
Section headings in these Terms are for convenience only and have no legal or contractual effect.
For questions about these Terms, to report misuse, or to submit a legal notice, please contact us:
Legal & Terms Inquiries: [email protected]
Privacy Inquiries: [email protected]
Website: WingsGotYou.com