Terms and Conditions

1. Who we work with

Our services are for businesses. By signing up, you confirm you are at least 18 and can act for the business you name.

The details of your service (plan, extras, prices, start date) are confirmed in writing before you pay: an order, proposal or invoice we send you by email. If that written order and these Terms say different things, the order wins for your account.

2. What we do

We help local businesses get found, answer customers and bring them back. Depending on your plan, that includes: website care and new websites; Google Business Profile, local SEO and listings; 24/7 answering of calls, texts, Instagram and WhatsApp messages by an automated assistant (AI); bookings, orders and quotes; review requests; email and SMS campaigns; and automations with tools you already use. The home page lists what each plan includes.

3. Monthly plans and automatic renewal

• Monthly plans and monthly extras are month to month. There is no long contract.
• Your plan renews automatically every month, on the same day of the month you started, at the price in your written order, until you cancel.
• Before you start, we show you these renewal terms and ask you to agree to them clearly (for example, by signing or replying "I agree" to your order). We do not charge a recurring fee without that consent.
• Right after you agree, we email you a confirmation you can keep, with the renewal terms, the price, the cancellation policy and how to cancel.
• If we ever change the price of your plan, we email you between 10 and 30 days before the new price applies, with how to cancel. If you don't want the new price, cancel before it starts. If the new price was already charged and you cancel within 14 days of that charge, we refund the unused part of that month.

4. How to cancel

Cancelling is as easy as signing up. Send an email to support@weareopenlate.com with the word "Cancel" and your business name. You don't need to give a reason, there is no fee, and we won't make you call.

We confirm your cancellation by email within 2 business days. Your service keeps working until the end of the month you already paid for, and you are not charged again.

You can always cancel the same way you signed up: if you signed up by phone or in person, you can also cancel that way, and by email too. After you cancel, you can ask us to export your data (see Privacy Policy).

5. Setup fees, websites and payment

• Monthly plans have a one-time setup fee ($997, or $497 for founding clients).
• Websites are paid 50% to start and 50% on delivery. Two rounds of changes are included; more changes are quoted first.
• Invoices say the amount and due date. If a payment is late, we remind you first; if it stays unpaid 10 days after that reminder, we may pause the service until it is paid.
• Refunds follow our Refund Policy.

6. Founding clients

The first 10 New York City businesses that sign up pay $497 for setup instead of $997. In return, we ask to share your results as a case study on our website, good or bad. The discount stays either way.

We show you the case study before it is published. Every case study says that you received a founding-client discount. We never ask for a Google review, or any review, in exchange for a discount.

7. Our guarantee

Our guarantee applies only to plans with 24/7 answering (Open Late and All Night): if your first monthly report doesn't show answered calls and bookings, your next month is free.

• "First monthly report" means the report for your first full month after answering goes live. "Answered calls and bookings" means at least one call answered by the assistant and at least one booking, order or quote request it handled for you in that month.
• It applies if call forwarding stayed on as we set it up and you gave us the information we asked for (hours, services, how you take bookings).
• To use it, email support@weareopenlate.com within 30 days of receiving that report.
• "Free" means we don't charge your next monthly plan fee. It is not a cash refund and does not cover setup, websites or extras. It applies once per business.

8. Your part

• Give us accurate information (hours, prices, menu, services, booking rules) and tell us when it changes.
• Review and approve the answers and messages we set up before they go live.
• Only give us content you have the right to use (logos, photos, texts).
• Follow the laws that apply to your own business and to how you contact your customers. When we send texts, emails or calls to your customers for you, your business is the sender: you are responsible for having their consent and for the contact lists and content you give us. We set up opt-in and "STOP" for you, and we honor every opt-out. If a claim comes from a list or content you gave us, you cover it.
• If your business is a health provider covered by HIPAA, we sign a Business Associate Agreement with you before we handle any patient information.
• Don't use our services for anything illegal, deceptive or harassing.

9. The automated assistant, calls and texts

• The assistant that answers your calls and messages is automated (AI). It tells every caller it is your business's virtual assistant.
• It answers only from information you approved. It can still make mistakes. When it isn't sure, it is set up to take a message instead of guessing, and you see it in your morning report.
• It is not an emergency service and doesn't give medical, legal or financial advice. Callers with an emergency are told to call 911.
• Calls may be recorded and transcribed to create summaries and reports. The assistant says so at the start of the call.
• Automatic texts (missed-call texts, reminders, SMS campaigns) switch on only after phone carriers approve registration (A2P 10DLC), which can take a few weeks. Carriers can still filter or delay messages; we can't control that.

10. What we don't promise

Nobody honest can promise first place on Google, a spot in AI search answers, or a specific amount of revenue, so we don't. Google and other platforms decide rankings. Local SEO usually takes 3 to 6 months to show, and your monthly report shows the progress. The only promise of results we make is the guarantee above.

11. Who owns what

• Your domain, your content (logo, photos, texts, menu) and the data about your customers are yours.
• Once a website is paid in full, the final design and content we made for you are yours. If you leave, you take them with you.
• We keep ownership of our own tools, templates, code libraries and know-how, and you may keep using what we built with them.
• Accounts on other platforms (domain, Google Business Profile, Shopify and similar) are set up in your name whenever possible.
• We only show your website as part of our work with your permission.

12. Confidentiality

We keep your business information private (prices, customers, numbers, anything you tell us is not public) and use it only to provide your service. This doesn't stop the founding-client case study you agreed to.

13. Other companies we rely on

We use other companies to run our services, such as hosting, phone and text messaging, AI and email providers. Their outages or rule changes are outside our control. If one of them affects your service, we tell you and work to fix or replace it.

14. Limits of our responsibility

We do our work with care and fix our mistakes. Beyond what these Terms promise, the services are provided as they are.

We are not responsible for indirect losses, such as lost profits or lost business opportunities. Our total responsibility for any claim is limited to what you paid us in the 3 months before the claim.

None of this limits responsibility that the law does not allow us to limit, such as for gross negligence or intentional wrongdoing.

15. If we end the service

We can end a service with 30 days' notice by email; if you paid in advance for time after it ends, we refund that part. We can stop a service sooner if a payment stays unpaid after a reminder, or if the service is being used for something illegal.

16. Changes to these Terms

If we change these Terms, we update the date at the top of this page. If a change matters for current clients, we email you before it applies. Price changes follow the notice described above.

17. New York law and disputes

These Terms are governed by the laws of the State of New York.

If you have a problem, please write to support@weareopenlate.com first. We will try to solve it with you within 30 days.

If we can't, the dispute goes to the state or federal courts located in Queens County or the Eastern District of New York. Either of us can also use small claims court when it applies.

18. Accessibility

We want this website to work for everyone, and we design it to meet the WCAG 2.1 AA guidelines. If something is hard to use or read, write to support@weareopenlate.com and we will help and send you the information in another format.

19. Contact

Jeronimo Duque, doing business as Open Late · Elmhurst, Queens, NY · support@weareopenlate.com