Terms of Service & SMS Program Disclosures

Effective date: August 1, 2026 · OpenHeight LLC, Colorado, USA

SMS Program Disclosures

1. The service

OpenHeight LLC ("OpenHeight," "we," "us") provides a call-answering service for local service businesses ("Business Subscribers"): calls the subscriber cannot answer are forwarded to and answered by an automated assistant that identifies itself as such, collects the details of the caller's request, and delivers a summary to the subscriber. Callers may instead choose to leave a message, and callers the subscriber designates as personal contacts are routed to ordinary voicemail rather than the assistant. These Terms bind Business Subscribers, who accept them when creating an account. The SMS Program Disclosures above apply to anyone who receives messages through the service; receiving or sending those messages does not make a person a Business Subscriber or a party to the remaining sections.

Callers are told at the start of the call that they have reached an automated assistant and that the conversation is written down and shared with the business. Conversations with the assistant are transcribed to text to create the summary and call record. Audio is processed in real time by our voice and speech providers to produce the transcript; OpenHeight does not retain assistant-call audio after processing. Voicemail messages are recorded, as voicemail ordinarily is, and retained under our retention practices. The assistant does not quote prices, book appointments, or make commitments on a business's behalf.

2. Accounts and eligibility

Business Subscribers must be legitimate businesses, provide accurate registration information (including legal business name and contact details used for carrier registration), and are responsible for activity under their account and their staff logins.

3. Carrier registration

US mobile carriers require every business that sends text messages to be registered before messages will be delivered. By subscribing, you authorize OpenHeight to submit that registration on your behalf and to share the information you provide for it — including your legal business name, EIN or tax ID, business address, website, and contact details — with our telecommunications provider and the industry campaign registry for that purpose. The registration identifies your business as the sender of the messages.

You are responsible for the accuracy of the information you provide; inaccurate or mismatched business details are the most common cause of rejection. Carriers review and approve registrations, not OpenHeight, so we cannot guarantee approval or a particular timeline, and text messaging cannot be enabled for your account until your registration is approved. Businesses without an EIN may be required to complete a one-time verification step themselves.

4. Customer texts and consent

Texts to a caller are sent only after the caller agrees during their own call. The assistant asks whether the caller would like the business to text them about that service request, states that message rates may apply and that the caller may reply STOP at any time, and the caller's affirmative answer — with the disclosure wording, timestamp, and number — is recorded in the call transcript as the consent record. The first message identifies the business and states message frequency, rates, and the opt-out and help instructions. Messages remain limited to the caller's own service request; a caller who does not agree is never texted. OpenHeight honors opt-out requests immediately and durably; a business may not attempt to message a customer who has opted out, and no automated message is ever sent to a number without a recorded consent basis.

5. Acceptable use

• No marketing blasts, cold outreach, or messaging of purchased contact lists. The service sends individual, transaction-related messages only.
• No unlawful, deceptive, harassing, or abusive content.
• No use that violates telecommunications or consumer-protection law, carrier requirements, or messaging industry guidelines.
• The service is intended for ordinary home, property, and local service trades. Use for regulated industries — including healthcare, financial services, legal services, debt collection, cannabis, or firearms — requires prior written approval from OpenHeight.

We may suspend or terminate accounts that violate these rules, including to protect message deliverability for other subscribers.

6. Fees and cancellation

The service is billed monthly under the plan stated at signup: a base charge plus a stated amount for each call the assistant answers, so the bill reflects calls actually answered. The plan charge never exceeds the plan's stated monthly maximum, and calls that did not happen are never billed. When the included number of answered calls is reached, the account's pre-selected choice applies: additional answered calls are charged separately at the stated per-call rate, or overflow calls route to ordinary voicemail for the remainder of the billing period; larger plans are available on request. Subscribers are notified as they approach their included calls; there are no unbounded or surprise charges. Stated prices exclude any applicable taxes and government-mandated fees. You may cancel at any time, effective at the end of the current billing period. Cancellation on your phone side is one step: remove the conditional call-forwarding code from your line — answering stops immediately, while the subscription runs through the end of the current billing period. Your business phone number always remains yours.

7. Service limitations

Message delivery depends on telecommunications carriers and other providers outside our control; carriers are not liable for delayed or undelivered messages, and we cannot guarantee delivery, delivery time, or that every missed call results in a captured lead. The service is provided "as is" without warranties of any kind. The automated assistant provides information and takes messages only: statements made by the assistant do not create quotes, prices, appointments, warranties, or other commitments on behalf of OpenHeight or the Business Subscriber. To the maximum extent permitted by law, OpenHeight's total liability arising from the service is limited to the fees paid in the three months before the claim arose.

8. Data

The Business Subscriber controls conversation data concerning its own customers, for the purpose of responding to them and subject to applicable consumer rights and law; it is handled as described in the Privacy Policy. On account closure we will delete or return subscriber data, retaining only records we must keep for legal and compliance purposes (including opt-out records, which are retained so they continue to be honored).

9. Governing law

These terms are governed by the laws of the State of Colorado, USA.

10. Changes

We may update these terms by posting the revised version on this page with an updated effective date. Continued use of the service after changes take effect constitutes acceptance.

Contact

OpenHeight LLC · Colorado, USA
support@openheight.com · (720) 953-3533