Terms of Service

1. Agreement; Authority; Business Use Only

These Terms of Service (“Terms”) are a binding agreement between BizAssistant.ai LLC, doing business as BizAssistant.ai (“BizAssistant.ai,” “Company,” “we,” “us,” or “our”), and the person or business accessing or using the Services (“Customer,” “you,” or “your”).

By accessing the website, calling a demo line, submitting a form, accepting a private setup link, completing checkout, paying an invoice, or using the Services, you agree to these Terms. If you act for an entity, you represent and warrant that you have authority to bind it. The Services are offered solely for commercial business use and not for personal, family, household, or consumer use.

2. Agreement Structure and Electronic Acceptance

Electronic acceptance, a checked consent box, an electronic signature, payment, activation, or use of paid Services may constitute acceptance and an electronic signature. You consent to receive agreements, notices, invoices, and disclosures electronically.

Specific commercial terms in an accepted order form, checkout confirmation, invoice, or SOW control over inconsistent general terms. The MSA controls legal and risk-allocation terms for paid Services unless a signed writing expressly states that it overrides a specific MSA provision.

3. Services and Changes

The Services may include AI receptionist configuration, inbound call answering, missed-call recovery, busy-line and overflow coverage, after-hours coverage, caller intake, lead capture, approved FAQ responses, call routing and transfers, call summaries, transcripts, recordings where enabled, email or SMS notifications, appointment request handling, optional calendar booking, integrations, onboarding, testing, tuning, and related workflow features.

Features depend on the selected plan, configuration, carrier availability, third-party platforms, technical feasibility, and Customer cooperation. We may modify, replace, limit, or discontinue features to address security, legal, carrier, vendor, technical, or business requirements. We will use commercially reasonable efforts to provide notice of material changes that substantially reduce a paid Service.

4. Current Plans and Included Usage

Unless an accepted ordering document states different terms, the current self-service plans are:

Each plan includes unlimited inbound calls without standard per-call or per-minute fees, subject to the applicable Unique Customer allowance, business-number/location limit, acceptable-use rules, fair-use protections, technical limits, and these Terms. Included features may include 24/7 AI answering, call summaries, lead capture, appointment requests and optional calendar booking, call transfers, email/SMS notifications, use with Customer’s current business number through forwarding or supported connection methods, and standard done-for-you setup.

5. Unique Customers, Numbers, Locations, and Fair Use

A “Unique Customer” is ordinarily one distinct external caller telephone number during a monthly billing cycle. Repeat calls from the same number during that billing cycle count once. Identified spam, test, and internal calls do not count, as reasonably determined by BizAssistant.ai. BizAssistant.ai may exclude blocked or invalid traffic and may use a commercially reasonable equivalent identifier when caller ID is unavailable, spoofed, shared, or unreliable.

“Unlimited inbound calls” means there is no standard per-call or per-minute charge for ordinary lawful inbound usage within the selected plan. It does not mean unlimited Unique Customers, business numbers, locations, simultaneous calls, custom integrations, outbound campaigns, workflow complexity, storage, or support. It excludes resale, call-center outsourcing, robocalling, spam, fraudulent traffic, denial-of-service activity, abusive usage, unlawful traffic, and usage that materially threatens service stability or vendor relationships.

If Customer exceeds a plan’s included Unique Customers or business-number/location limit, BizAssistant.ai may require an upgrade, a custom plan, workflow changes, or commercially reasonable usage controls. Unless an accepted order expressly lists an overage charge, BizAssistant.ai will not impose an undisclosed per-caller overage fee; however, BizAssistant.ai may limit or suspend materially excessive usage after notice when reasonably necessary to protect the Services or third parties.

6. Trials, Billing, Renewal, Cancellation, and Price Changes

A 14-day free trial may be offered as displayed at signup, including without a credit card when the signup flow states that no credit card is required. When no payment method is collected, the trial ends without an automatic charge unless Customer affirmatively activates a paid plan. If a payment method is collected and the checkout clearly discloses automatic conversion, the paid subscription begins and renews as disclosed unless canceled.

Paid plans are billed monthly in advance and automatically renew for successive monthly terms until canceled. Customer authorizes BizAssistant.ai and its payment processors to charge the selected plan, applicable taxes, and expressly disclosed fees. Customer must maintain accurate billing information and a valid payment method.

Customer may cancel by using any available account cancellation method or by emailing [email protected]. Cancellation is effective at the end of the then-current paid billing period unless an order states otherwise. Fees are non-refundable and not prorated except where required by law or expressly promised in writing. We may change future pricing or plan limits on at least 30 days’ notice before the change applies to a renewal term.

7. Customer Configuration and Responsibilities

Customer is solely responsible for the accuracy, legality, and completeness of its scripts, FAQs, services, hours, prices, offers, appointment rules, cancellation policies, escalation contacts, disclosures, business claims, routing instructions, and other Customer-provided content or instructions.

Customer must test the workflow before production use, monitor performance, review material outputs, maintain human escalation coverage, keep all workflow-critical information current, and promptly report errors. Customer is responsible for its business operations, products, services, employees, contractors, callers, customers, fulfillment, appointments, refunds, licenses, insurance, and legal compliance.

8. Calls, AI Disclosure, Recording, SMS, and Consent

Calls may be answered by an artificial-intelligence system and may be recorded, transcribed, summarized, analyzed, routed, or reviewed. Customer must provide or approve all disclosures and obtain all consents required by applicable law, including AI/bot disclosure, call-recording consent, privacy notices, and industry-specific notices. Customer must not remove a required disclosure from the configured workflow.

SMS or email follow-up may be used only for lawful, Customer-approved purposes. Customer is responsible for the legal basis and consent for messages sent on its behalf, including Telephone Consumer Protection Act requirements, carrier rules, opt-in records, identification, and prompt honoring of STOP, unsubscribe, do-not-call, or other revocation requests. Outbound telemarketing, mass messaging, or AI-voice campaigns are not included unless expressly approved in writing.

9. Calendar Booking, Transfers, and Third-Party Integrations

Optional calendar booking may connect with supported systems such as Google Calendar, Apple Calendar, and Outlook Calendar. Customer is responsible for calendar permissions, availability settings, service durations, buffers, time zones, staff schedules, duplicate calendars, cancellation rules, and confirming that appointments were correctly created, changed, or canceled.

Call transfers depend on carrier routing, recipient availability, Customer rules, and third-party systems. BizAssistant.ai does not guarantee that every appointment will be available or correctly booked, that double-booking will never occur, or that every call transfer or notification will complete.

Third-party telephony, messaging, email, calendar, CRM, hosting, analytics, AI, automation, and payment services are governed by their own terms and may change, fail, restrict access, or experience outages. BizAssistant.ai is not liable for third-party acts or omissions, Customer systems, incorrect forwarding, filtering, carrier blocking, integration changes, or unavailable credentials.

10. Acceptable Use; Sensitive and Regulated Data

You may not use the Services for unlawful, deceptive, abusive, infringing, discriminatory, harassing, threatening, exploitative, fraudulent, or spam-related purposes; to impersonate others; to transmit malware; to evade consent or carrier rules; to scrape or harvest data unlawfully; or to interfere with the Services.

Unless expressly approved in a signed writing, the Services may not be used for emergency dispatch, 911 replacement, clinical diagnosis or triage, medication decisions, legal advice or representation, financial or tax advice, lending or underwriting, insurance eligibility, employment eligibility, protected-class decisions, safety-critical systems, or any use where an error could foreseeably cause death, serious injury, unlawful discrimination, or material legal harm.

Customer must not submit protected health information, payment-card data, government identifiers, credentials, biometric identifiers, children’s data, or other specially regulated or highly sensitive data unless BizAssistant.ai has expressly approved the workflow and any required addendum, including a business associate agreement where applicable.

11. AI Output, Human Review, and Emergencies

AI-generated responses, summaries, transcripts, classifications, appointment entries, and routing decisions (“Output”) may be incomplete, inaccurate, delayed, duplicated, or unsuitable. Customer must use appropriate human review and may not rely on Output as the sole basis for important business, legal, medical, financial, safety, eligibility, or compliance decisions.

The Services are not an emergency service and do not guarantee connection to emergency responders. Customer must instruct callers to contact 911 or the appropriate emergency service for emergencies and must maintain separate emergency procedures.

BizAssistant.ai does not guarantee that every call will be answered or correctly handled, that every detail will be captured, that appointments or transfers will succeed, or that the Services will produce any particular lead volume, conversion rate, revenue, profit, savings, customer satisfaction, or legal compliance result.

12. Customer Content, Data License, and Feedback

Customer retains ownership of content and data it supplies or causes to be processed (“Customer Content”). Customer grants BizAssistant.ai and its subprocessors a worldwide, non-exclusive, limited license to host, reproduce, transmit, transform, and otherwise process Customer Content as reasonably necessary to provide, secure, support, troubleshoot, and improve the Services, comply with law, and enforce agreements.

Customer represents that it has all rights, permissions, notices, and consents necessary for Customer Content and instructions. BizAssistant.ai may create and use aggregated or deidentified information that does not reasonably identify Customer or an individual. Feedback may be used without restriction or obligation.

13. Intellectual Property and Confidentiality

BizAssistant.ai and its licensors retain all rights in the Services, software, models, prompts, workflows, designs, templates, processes, documentation, interfaces, analytics, know-how, and improvements. No ownership rights are transferred. Customer may use the Services only during the applicable term for its internal business operations.

Customer may not copy, resell, sublicense, reverse engineer, scrape, benchmark publicly, bypass usage controls, or use the Services or confidential materials to build or train a competing product, except to the extent a restriction is prohibited by law.

Each party must protect the other party’s non-public confidential information using reasonable care and may use it only for the Services. Standard exclusions apply for information independently developed, lawfully received, already known without restriction, public without breach, or legally required to be disclosed.

14. Privacy and Security

Our privacy practices are described in the Privacy Policy. Depending on context, Customer may be the controller/business and BizAssistant.ai may be a processor/service provider for caller data. Customer remains responsible for required notices, lawful instructions, data-minimization decisions, and responding to its callers’ rights requests.

BizAssistant.ai uses commercially reasonable administrative, technical, and organizational safeguards designed to protect data processed by the Services. No system is completely secure, and we do not warrant that unauthorized access, loss, or security incidents will never occur. Customer is responsible for its accounts, credentials, forwarding rules, devices, inboxes, calendars, CRMs, and personnel access.

15. Suspension and Termination

We may suspend, limit, or terminate access for non-payment, failed payment, chargebacks, suspected fraud, security risk, legal or carrier risk, unlawful or abusive use, breach, threatened harm, excessive usage, or discontinuation of a Service. Where practical, we will provide notice and an opportunity to cure, but immediate action may be taken when reasonably necessary.

Upon termination, Customer’s right to use the Services ends. Customer remains responsible for accrued fees. Sections that by their nature should survive will survive, including payment, confidentiality, intellectual property, data rights, disclaimers, liability limits, indemnification, dispute resolution, and general terms.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIZASSISTANT.AI DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND RESULTS.

17. Limitation of Liability; Time to Bring Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZASSISTANT.AI AND ITS AFFILIATES, OWNERS, PERSONNEL, CONTRACTORS, LICENSORS, AND VENDORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, MISSED CALLS, APPOINTMENTS, SERVICE INTERRUPTION, OR SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO BIZASSISTANT.AI FOR THE AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM.

Any claim arising out of or relating to the Services or these Terms must be filed within one year after the claim accrued, or it is permanently barred, except where that contractual period is prohibited by law. These limitations allocate risk and are an essential basis of the bargain.

18. Customer Indemnification

Customer will defend, indemnify, and hold harmless BizAssistant.ai and its affiliates, owners, officers, personnel, contractors, licensors, and vendors from any third-party claim, demand, investigation, penalty, fine, loss, liability, damage, judgment, settlement, cost, or reasonable attorneys’ fees arising out of or relating to Customer’s business, Customer Content, products or services, scripts or instructions, callers or customers, appointments, communications, violation of law or third-party rights, breach of these Terms, or misuse of Output or the Services.

BizAssistant.ai will provide reasonable notice and cooperation. Customer may control the defense with qualified counsel, but may not settle any claim that admits fault by, imposes obligations on, or fails to fully release BizAssistant.ai without our prior written consent.

19. Informal Resolution; Binding Arbitration; Class and Jury Waivers

Before filing a claim, a party must send written notice describing the dispute and requested relief to [email protected] and allow 30 days for good-faith informal resolution.

Any unresolved dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration under the Federal Arbitration Act and the JAMS Comprehensive Arbitration Rules and Procedures by one arbitrator. Arbitration may occur remotely or in San Diego County, California. The arbitrator may award any individual remedy available in court, but may not consolidate claims or preside over a class, collective, coordinated, or representative proceeding.

Either party may pursue an individual claim in small claims court if eligible and may seek temporary or injunctive relief in court for unauthorized access, misuse, intellectual property, confidentiality, or security matters. If arbitration is found unenforceable for a dispute, the exclusive venue is the state or federal courts in San Diego County, California. Each party waives trial by jury to the maximum extent permitted by law.

20. General Terms

California law governs, without regard to conflict-of-law rules. BizAssistant.ai is an independent contractor. Neither party may bind the other. There are no third-party beneficiaries.

BizAssistant.ai is not liable for delay or failure caused by events beyond its reasonable control, including carrier or vendor failure, internet or utility outage, cyberattack, labor dispute, government action, natural disaster, epidemic, war, terrorism, or force majeure.

Customer may not assign these Terms without our written consent. We may assign them in connection with a merger, financing, reorganization, sale of assets, or transfer of the Services. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce is not a waiver. Headings are for convenience only.

These Terms and incorporated documents are the entire agreement regarding their subject matter and supersede prior statements. Amendments must be in writing or made through an updated online agreement accepted by Customer. Questions or legal notices may be sent to [email protected].