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Terms of Service

Effective Date: August 25, 2026
Version: Built to Close 1.0

These Terms of Service ("Terms") are a binding agreement between you and Otto AI Inc., doing business as Howdee AI ("Howdee," "we," "us," or "our"). These Terms govern your access to and use of the Built to Close sales training course, Howdee's websites, course portals, AI-powered practice calls, scoring and coaching features, and related services (collectively, the "Service").

IMPORTANT: THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER IN SECTION 18. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED THERE, YOU AND HOWDEE AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

By creating an account, checking the acceptance box, or using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not create an account or use the Service.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is not offered to minors.

By creating an account, you represent that:

2. Accounts and course access

Your account and any enrollment or redemption code are personal to you. You may not sell, share, transfer, or permit another person to use your account or code.

You are responsible for safeguarding your password and for activity conducted through your account. You must promptly notify Howdee at support@builttoclose.ai if you believe that your account or credentials have been compromised.

Access to the Service may depend on a valid enrollment supplied or authorized by The Elliott Group. Course access may expire or be withdrawn if your enrollment ends, your sponsoring organization withdraws authorization, or you violate these Terms.

Ending a course enrollment or terminating access to the Service is not the same as completing account deletion. Account deletion is addressed in Section 11.

3. Authorized purpose and limited license

The Service is provided solely for your individual sales practice in connection with the Built to Close sales training course. This is the only authorized purpose.

Subject to these Terms, Howdee grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for that authorized purpose. No other use is permitted without Howdee's prior written authorization.

The Service may not be used for real customer interactions, production sales operations, commercial resale, providing services to third parties, or any activity unrelated to practice within the Built to Close course.

4. Nature of the Service and AI features

The Service may include course materials, simulated voice practice with AI counterparts, scoring, coaching feedback, progress tracking, and certificates.

AI counterparts are simulations. They are not real customers, prospects, employers, or human coaches. AI-generated dialogue, scoring, and feedback may be incomplete, inconsistent, inaccurate, or inappropriate. You are responsible for exercising independent judgment when considering or applying any output.

The Service is a training aid. It does not guarantee:

The Service and its output are not legal, financial, medical, employment, or other professional advice.

5. Practice-call and usage limits

Practice calls may be subject to maximum durations, daily or periodic usage limits, concurrency limits, course-specific limits, and other technical restrictions. A call may end automatically when an applicable duration or usage limit is reached.

Howdee may establish or adjust reasonable limits to maintain service availability, control costs, prevent abuse, comply with provider restrictions, or meet requirements established for the Built to Close course. Where practical, applicable limits will be displayed in the Service.

You may not evade a limit by creating or using multiple accounts, sharing accounts or redemption codes, automating calls, manipulating requests, or otherwise circumventing technical or course restrictions.

6. Voice sessions, recording, transcription, and scoring

The Service includes live voice practice with an AI counterpart. Practice sessions use your microphone and produce audio recordings, transcripts, scores, and related performance information.

Before a recorded session begins, the Service will present a recording and analysis disclosure and any consent control required for that session. Acceptance of these Terms does not replace that disclosure.

Howdee and its service providers process your session data to operate and support the Service and for the purposes described in the Privacy Policy.

Do not disclose confidential, regulated, or sensitive information during a practice session, including real customer information, credentials, or payment details.

7. The Elliott Group access and Howdee quality assurance

The Elliott Group, as the sponsoring organization for the Built to Close course, may access your course progress, performance information, and scores.

Authorized Howdee personnel may review practice-session records, including recordings, transcripts, and scores, for quality assurance and to maintain and improve the reliability of the Service, as described in the Privacy Policy and permitted by applicable law.

The Privacy Policy describes the information Howdee collects, how it is used, who may receive it, and applicable retention and deletion practices.

8. Howdee materials, user submissions, and session data

Howdee and its licensors retain all right, title, and interest in and to the Service and in all content, materials, and technology made available through it or used to operate it, including any modifications, adaptations, or derivative works of that content ("Howdee Materials"). No ownership rights in Howdee Materials are transferred to you.

Your spoken and written responses during a practice session are "User Submissions." User Submissions do not include Howdee Materials, and you gain no rights in Howdee Materials that appear within or alongside them.

User Submissions, together with recordings, transcripts, scores, and related practice-session records generated or maintained by the Service, are referred to in this section as "Session Data."

You grant Howdee a non-exclusive, royalty-free license to record, host, transmit, reproduce, transcribe, analyze, secure, and display User Submissions for as long as they are retained, solely as reasonably necessary to:

This license permits Howdee to use service providers acting on its behalf for those purposes.

No storage or preservation right. The Service is not a storage or archival service. Nothing in these Terms gives you an ownership or property interest in any account, recording, transcript, score, session record, database record, or other copy maintained on Howdee's systems, or requires Howdee to preserve or make Session Data available for any minimum period.

Howdee may process, retain, de-identify, overwrite, or delete Session Data at any time consistent with the Privacy Policy and applicable law. Session Data may be unavailable or deleted before account termination. You are responsible for retaining any information you wish to preserve where the Service permits you to export or copy it.

Upon account termination, Howdee may immediately delete or de-identify Session Data without notice and has no obligation to preserve it. Limited copies may remain temporarily in backups or for as long as reasonably necessary to comply with law, protect security, prevent fraud or abuse, preserve evidence, or resolve disputes. Such retained information will not be used for ordinary product, scoring, coaching, recruiting, or marketing purposes.

You represent that you have the rights necessary to provide User Submissions and that doing so does not violate another person's rights or duties of confidentiality. Nothing in this section limits any non-waivable privacy rights you may have under applicable law.

9. Acceptable use and unauthorized activity

You may use the Service only for the authorized activity described in Section 3. You may not use or attempt to use the Service for unauthorized, unlawful, fraudulent, abusive, or harmful activity.

Without limiting that restriction, you may not:

10. Suspension and termination of access

Howdee may end an active session, restrict usage, suspend access, or terminate access if Howdee reasonably believes that you:

Howdee may act immediately when reasonably necessary to protect users, The Elliott Group, Howdee, its service providers, or third parties. Where appropriate, Howdee may provide notice or an opportunity to contact support@builttoclose.ai regarding the action.

The Elliott Group may also withdraw or end your course enrollment under its own policies or arrangements with you.

Suspension or termination of access does not automatically constitute completed account deletion. Howdee may retain information temporarily when reasonably necessary to investigate abuse, protect the Service, resolve a dispute, or comply with law, subject to the Privacy Policy.

11. Account deletion and effect of termination

You may request deletion of your account by contacting support@builttoclose.ai. Howdee may take reasonable steps to verify a deletion request before acting on it.

Once a deletion request is completed, Howdee will delete or irreversibly de-identify your personal information in accordance with the Privacy Policy, except for limited information that remains temporarily in routine backups or that Howdee must retain to comply with a legal obligation, to prevent or investigate fraud, abuse, or security incidents, or to establish, exercise, or defend legal claims.

Information retained for one of these purposes will not be used for ordinary product, training, marketing, or commercial purposes, and will be deleted or de-identified when the applicable purpose expires. The Privacy Policy describes timing and request procedures.

12. Ownership and intellectual property

The Service and all Howdee Materials are owned by or licensed to Howdee and are protected by intellectual-property laws. Except for the limited right granted in Section 3, these Terms do not grant you any ownership of or rights in the Service, Howdee Materials, or course content.

If you voluntarily provide suggestions or feedback about the Service, you permit Howdee to use that feedback without restriction or compensation, provided Howdee does not identify you publicly without permission.

13. Third-party services and links

The Service relies on third-party providers for functions such as hosting, authentication, AI processing, voice interaction, transcription, storage, analytics, and email delivery. Your information may be processed by those providers as described in the Privacy Policy.

The Service may contain links to third-party sites or services. Howdee does not control and is not responsible for third-party content, availability, or practices.

14. Privacy

Howdee's Privacy Policy, available at builttoclose.ai/privacy, explains how Howdee collects, uses, discloses, retains, and deletes personal information.

The Privacy Policy is incorporated into these Terms by reference. If these Terms and the Privacy Policy conflict regarding the handling of personal information, the Privacy Policy controls to the extent of that conflict.

Acceptance of these Terms is not consent to marketing communications or a substitute for any separate consent required by law.

15. Service changes and availability

Howdee may modify, update, discontinue, or replace features of the Service. Howdee may perform maintenance or experience outages, provider failures, or other interruptions.

Howdee will use commercially reasonable efforts to provide the Service but does not guarantee that every feature, practice call, course item, score, or integration will always be available.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." HOWDEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

HOWDEE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUT, SCORES, COACHING, OR COURSE RESULTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOWDEE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOWDEE'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

These limitations do not apply to liability that cannot lawfully be limited or excluded.

18. Binding arbitration and class-action waiver

18.1 Informal resolution

Before starting arbitration, you and Howdee agree to attempt to resolve the dispute informally for at least 30 days.

You must send a written notice describing your name, account email, the nature of the dispute, and the requested relief to support@builttoclose.ai and to:

Otto AI Inc., d/b/a Howdee AI
4539 N 22nd St # 5349
Phoenix, AZ 85016

Howdee will send any dispute notice to the email associated with your account.

18.2 Agreement to arbitrate

Except for the exceptions below, you and Howdee agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and Howdee will be resolved through final and binding individual arbitration.

The Federal Arbitration Act governs this arbitration agreement. The arbitration will be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules, as modified by these Terms. If AAA is unavailable, a court with authority may appoint a substitute arbitration provider.

The arbitrator may award any relief that would be available to you individually in court, subject to these Terms and applicable law. Judgment on the award may be entered in any court with jurisdiction.

18.3 Arbitration location and fees

Unless the parties agree otherwise, arbitration may take place by video, telephone, written submission, or in Maricopa County, Arizona. Fees will be allocated under the applicable AAA rules and applicable law.

18.4 Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or preliminary injunctive relief in court when necessary to prevent actual or threatened misuse of intellectual property, unauthorized access, security interference, or unlawful activity while arbitration is pending.

This arbitration agreement does not apply to claims that cannot lawfully be subject to predispute arbitration.

18.5 No class actions

YOU AND HOWDEE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

Unless both parties agree in writing, the arbitrator may not combine claims from more than one person or preside over any class, collective, consolidated, coordinated, or representative proceeding.

18.6 Jury-trial waiver

TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND HOWDEE WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18.7 Arbitration opt-out

You may opt out of this arbitration agreement by emailing support@builttoclose.ai within 30 days after first accepting these Terms. Your notice must include your full name, account email, and a clear statement that you wish to opt out of the arbitration agreement in the Built to Close course learner Terms of Service.

Opting out of arbitration will not affect the other provisions of these Terms or your eligibility to use the Service.

18.8 Arbitration severability

If part of this Section 18 is found unenforceable, that part will be severed to the minimum extent necessary, and the remainder will remain in effect. If the class-action waiver is found unenforceable for a particular claim or requested relief, that claim or relief will proceed in court after all arbitrable claims are completed.

A court, rather than an arbitrator, will decide whether an agreement to arbitrate exists and whether the class-action waiver is enforceable, except to the extent applicable law requires otherwise.

19. Governing law and courts

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 18.

For any dispute that is not subject to arbitration, you and Howdee consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, unless applicable law requires otherwise.

20. Changes to these Terms

Howdee may update these Terms. If a change is material, Howdee will provide reasonable notice, such as by email, through the Service, or by requiring acceptance of an updated version before continued use.

The version and Effective Date appear at the top of the Terms. Continued use after an update takes effect constitutes acceptance only where permitted by law. Where renewed affirmative acceptance is required, Howdee will request it.

21. Electronic communications

You consent to receive transactional and legal communications electronically at the email address associated with your account or through the Service. You are responsible for keeping your email address current.

This consent does not authorize marketing communications where separate consent is required.

22. General terms

These Terms and the Privacy Policy constitute the agreement between you and Howdee concerning the learner Service, except for any rights that cannot be waived by contract.

If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect. Howdee's failure to enforce a provision is not a waiver.

You may not assign these Terms or your account. Howdee may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.

Headings are for convenience only. The words "including" and "includes" mean "including without limitation."

23. Contact

Questions about these Terms, account access, or account deletion may be sent to:

Otto AI Inc., d/b/a Howdee AI
Email: support@builttoclose.ai
Mailing address: 4539 N 22nd St # 5349, Phoenix, AZ 85016