Terms & Conditions

NightWatch AI Terms & Conditions

Effective Date: July 6, 2026  ·  Last Updated: July 6, 2026

Agreement overview: By accessing or using NightWatch AI, you agree to these Terms. The Service operates under a Zero-Data-Retention architecture and is intended for internal agency operational use only.

1. Acceptance of Terms

By accessing or using NightWatch AI ("the Service"), provided by The Highbridge Agency ("Company," "we," or "us"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service. By registering an agency account, you represent that you are authorized to bind your organization to these Terms.

2. Description of Service

NightWatch AI provides an automated, HIPAA-compliant after-hours call logging and emergency triage system for home care agencies and assisted living facilities. The Service includes: • Inbound call routing via provisioned telephony numbers. • AI voice processing and triage of after-hours calls. • Sanitized, PHI-free call summaries delivered to your agency dashboard. • SMS operational alerts to designated on-call personnel. The Service is intended solely for internal operational use by registered agency personnel.

3. SMS Messaging Terms

By opting in to operational SMS alerts, you agree to the following: • You will receive automated operational logistics, scheduling, and staffing alerts from NightWatch AI. • Message frequency varies based on agency account activity. • Message and data rates may apply according to your mobile carrier plan. • You may opt out at any time by replying STOP to any message. • For support, reply HELP, email shannon@thehighbridgeagency.com, or call 612-743-0225. Mobile numbers collected for SMS purposes will not be shared with third parties or affiliates for marketing or promotional purposes.

4. HIPAA Compliance & Data Handling

NightWatch AI operates under a Zero-Data-Retention architecture: • Audio recordings are streamed and permanently deleted upon call completion. • Call transcripts undergo automated PHI sanitization before any record is stored. • No raw Protected Health Information persists in the Service dashboard. Agencies using the Service remain responsible for maintaining their own HIPAA compliance obligations. The Company acts as a Business Associate where applicable under signed Business Associate Agreements.

5. User Responsibilities

As a registered agency administrator or authorized personnel, you agree to: • Provide accurate agency, contact, and on-call roster information. • Maintain the confidentiality of your account credentials. • Use the Service only for lawful after-hours triage and operational purposes. • Promptly update on-call roster and escalation contacts as staffing changes. • Not misuse, reverse engineer, or attempt to disrupt the Service infrastructure.

6. Acceptable Use

You may not use the Service to: • Send marketing, promotional, or commercial content via SMS. • Transmit unlawful, harassing, or fraudulent communications. • Violate any applicable federal, state, or local regulation. • Attempt to access data belonging to other agencies or unauthorized systems. Violation of these acceptable use terms may result in immediate suspension of your account.

7. Billing & Subscription

Subscription fees, billing cycles, and plan terms are governed by the active service agreement between your agency and The Highbridge Agency. Fees are billed as agreed upon at registration or contract renewal. Unless otherwise stated in your service agreement, all fees are non-refundable.

8. Intellectual Property

All software, branding, designs, and content comprising NightWatch AI remain the exclusive property of The Highbridge Agency. You may not copy, modify, distribute, or create derivative works of the Service without prior written consent. Sanitized call summaries generated by the Service are provided to your agency for operational use and remain your agency's operational records.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. While we employ industry-standard security and HIPAA-compliant safeguards, no system is 100% impenetrable. The Company does not warrant that the Service will be uninterrupted, error-free, or fit for every particular purpose. You assume all risk associated with use of the Service.

10. Limitation of Liability

To the maximum extent permitted by law, The Highbridge Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service. Our total liability for any claim arising from the Service is limited to the fees paid by your agency for the Service in the twelve (12) months preceding the claim.

11. Termination

Either party may terminate the Service in accordance with the active service agreement. Upon termination: • Your agency account access will be deactivated. • Sanitized call summaries will be retained or deleted per your agency's configuration and applicable retention requirements. • Audio recordings are already deleted upon call completion and require no further action. Surviving provisions include those related to liability, intellectual property, and data handling obligations.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated "Last Updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Dakota County, Minnesota.

14. Contact Us

Questions about these Terms & Conditions may be directed to: NightWatch AI The Highbridge Agency 33 Wentworth Ave E Suite 365 West St Paul, MN 55118 Email: shannon@thehighbridgeagency.com Phone: 612-743-0225
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