These Terms of Service ("Terms") govern your access to and use of the services, software, platform, and related offerings provided by BusinessAIOS LLC, a Wyoming limited liability company ("BusinessAIOS," "we," "us," or "our"). By accessing or using the Services in any manner, you agree to be bound by these Terms and all documents incorporated herein by reference, including our Privacy Policy, Acceptable Use Policy, and Refund and Cancellation Policy.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Services.
BusinessAIOS reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the Effective Date above and, where practicable, by notifying you via email or in-platform notification. Continued use of the Services following notice of any modification constitutes acceptance of the revised Terms.
Capitalized terms used throughout these Terms have the meanings set forth below:
The Services are intended solely for use by businesses and business professionals. By creating an account, you represent that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into a binding contract; and (c) if registering on behalf of an entity, you have authority to bind that entity to these Terms.
You must provide accurate, complete, and current information when creating your account. You agree to keep your registration information updated throughout your use of the Services. BusinessAIOS reserves the right to reject or revoke any account registration at its discretion.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify BusinessAIOS immediately at security@businessaios.com if you become aware of any unauthorized use of your account or any other security breach. BusinessAIOS will not be liable for any loss or damage arising from unauthorized account access resulting from your failure to safeguard your credentials.
You may permit Authorized Users to access the Services under your account, subject to the seat limits in your Subscription. You are responsible for ensuring that all Authorized Users comply with these Terms and that their access is promptly revoked upon termination of their relationship with your organization.
BusinessAIOS provides an AI-powered back-office automation platform for small and mid-sized businesses. Core capabilities include AI agent orchestration, automated workflow execution, CRM and marketing platform integration, AI voice and communications agents, audience intelligence, business intelligence dashboards, and managed automation services. The specific capabilities available to you depend on your Subscription tier and any applicable Order Forms or Statements of Work.
Subject to your compliance with these Terms and timely payment of all applicable fees, BusinessAIOS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during your Subscription term solely for your internal business purposes.
BusinessAIOS may modify, update, or discontinue features of the Services at any time. For changes that materially reduce the core functionality of a paid Subscription, we will provide at least 30 days advance written notice. We will not reduce core functionality without notice during a prepaid Subscription term without offering a pro-rated refund for the affected period.
Implementation, custom configuration, onboarding, and other professional services are governed by a mutually executed Statement of Work. In the event of a conflict between an SOW and these Terms, the SOW controls for the subject matter addressed therein.
The Services may integrate with third-party platforms at your direction. BusinessAIOS does not warrant the availability, accuracy, or performance of third-party services and is not responsible for any loss or damage resulting from your use of third-party integrations. Your use of any third-party service is subject to that provider's terms and policies.
BusinessAIOS may make beta or pre-release features available from time to time. Beta features are provided "as is" without warranty and may be discontinued at any time. BusinessAIOS's liability limitations apply in full to beta features.
You agree to pay all fees specified in your Order Form, selected Subscription plan, or applicable Statement of Work. All fees are stated in U.S. dollars unless otherwise specified.
Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. Fees for professional services are billed as specified in the applicable SOW. Payment is due upon receipt of invoice or, for subscription plans, at the time of purchase. BusinessAIOS accepts payment via major credit cards and ACH transfer through its authorized payment processor.
Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled in accordance with Section 13. You authorize BusinessAIOS to charge your payment method on file for all renewal fees. We will provide advance notice of any fee increase before it takes effect on your renewal.
Overdue amounts accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower). BusinessAIOS reserves the right to suspend access to the Services for accounts with outstanding balances more than 10 days past due, following written notice.
Fees do not include applicable taxes. You are responsible for all sales, use, value-added, withholding, and similar taxes imposed by any governmental authority on the Services, excluding taxes based on BusinessAIOS's net income.
Refunds are governed exclusively by our Refund and Cancellation Policy, which is incorporated into these Terms by reference and available at businessaios.com/legal.
If you dispute any invoice in good faith, you must notify us in writing at billing@businessaios.com within 30 days of the invoice date, identifying the disputed amount and the basis for the dispute. You are not required to pay disputed amounts while a good-faith dispute is pending, but must pay all undisputed amounts on time.
You retain all right, title, and interest in and to your Client Data. These Terms do not transfer any ownership rights in your Client Data to BusinessAIOS.
You grant BusinessAIOS a limited, non-exclusive license to access, process, transmit, and store Client Data solely as necessary to provide the Services, fulfill our obligations under these Terms, and support your Authorized Users. This license terminates upon expiration or termination of your Subscription, subject to the data retention provisions in our Privacy Policy.
BusinessAIOS will not use Client Data to train, fine-tune, or improve any AI or machine learning foundation model, whether operated by BusinessAIOS or any third party, without your explicit written consent. Usage Data (aggregated, de-identified telemetry from which Client identity and content have been removed) may be used to improve platform performance and develop new capabilities.
You represent and warrant that: (a) you have all necessary rights, consents, and permissions to submit Client Data to the Services and to authorize BusinessAIOS to process it as described herein; (b) Client Data does not violate any applicable law or the rights of any third party; and (c) you have provided all required notices and obtained all required consents from individuals whose data is included in Client Data.
Upon request submitted within 30 days of account termination, BusinessAIOS will make Client Data available for export in a standard machine-readable format. After that 30-day window, Client Data will be deleted from active systems within 90 days and from backup systems within 180 days, except as required by law or legal hold.
BusinessAIOS and its licensors retain all right, title, and interest in and to the Services, including all underlying software, AI models, agent configurations, platform architecture, APIs, documentation, interfaces, trademarks, and trade dress. No rights in the Services are granted to you except for the limited license expressly set forth in Section 4.2.
You may not: (a) copy, modify, adapt, translate, or create derivative works of the Services or any component thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Services; (c) sublicense, sell, resell, transfer, or otherwise make the Services available to third parties except as expressly permitted; (d) remove or alter any proprietary notices, labels, or marks on the Services; or (e) use the Services to build a competitive product or service.
If you submit suggestions, ideas, enhancement requests, feedback, or other input regarding the Services ("Feedback"), you grant BusinessAIOS a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback in any manner without obligation or compensation to you.
AI-generated content, reports, workflow outputs, and other materials produced by the Services at your direction using your configurations and Client Data ("Outputs") are delivered to you for your use. BusinessAIOS makes no representation that Outputs are free from third-party intellectual property claims and you are solely responsible for your use of Outputs, including any legal compliance review.
Each party ("Receiving Party") agrees to: (a) hold the Confidential Information of the other party ("Disclosing Party") in strict confidence; (b) use the Disclosing Party's Confidential Information only as necessary to fulfill its obligations or exercise its rights under these Terms; and (c) protect the Disclosing Party's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar sensitivity, but in no event less than reasonable care.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party before disclosure without restriction; (c) is rightfully received from a third party without restriction; or (d) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.
A Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided it: (a) gives the Disclosing Party prompt prior written notice where permitted; (b) cooperates reasonably with the Disclosing Party's efforts to seek a protective order or other relief; and (c) discloses only the minimum information necessary to comply.
Confidentiality obligations survive termination of these Terms for a period of three (3) years, except that obligations with respect to trade secrets continue for so long as the information remains a trade secret under applicable law.
Your use of the Services is subject to our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference and available at businessaios.com/legal. By using the Services, you agree to comply with the AUP at all times.
Without limiting the AUP, you agree not to use the Services to: (a) violate any applicable law or regulation; (b) infringe the intellectual property or privacy rights of any third party; (c) transmit malicious code, spam, or unauthorized communications; (d) circumvent or attempt to circumvent any security measures of the platform; (e) use the Services in any way that could harm, disable, overburden, or impair the Services or interfere with other users; or (f) engage in any activity that BusinessAIOS determines, in its sole discretion, to be harmful to the platform, its users, or third parties.
BusinessAIOS reserves the right to investigate suspected violations and may, without notice, suspend or terminate access for accounts engaged in prohibited conduct. BusinessAIOS may report suspected illegal activity to law enforcement authorities.
BusinessAIOS warrants that: (a) it has the legal right and authority to enter into these Terms and to grant the rights described herein; (b) it will provide the Services in a professional and workmanlike manner consistent with generally accepted industry standards; and (c) it will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Client Data.
You warrant that: (a) you have the authority to enter into these Terms; (b) your use of the Services will comply with all applicable laws and regulations; and (c) you hold all necessary rights and consents for Client Data as described in Section 6.4.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BUSINESSAIOS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
BUSINESSAIOS DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (D) AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR RELIANCE ON AND USE OF ANY OUTPUTS GENERATED BY THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES—REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY—WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO BUSINESSAIOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. BusinessAIOS would not have entered into these Terms without these limitations.
The limitations in Sections 11.1 and 11.2 do not apply to: (a) a party's indemnification obligations under Section 12; (b) damages arising from a party's gross negligence, fraud, or willful misconduct; or (c) either party's breach of its confidentiality obligations under Section 8.
You will indemnify, defend, and hold harmless BusinessAIOS and its officers, directors, employees, agents, and successors ("BusinessAIOS Indemnitees") from and against any third-party claims, demands, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) Client Data, including any claim that Client Data infringes or misappropriates the intellectual property or privacy rights of a third party; (c) your use of the Services in violation of applicable law; or (d) the acts or omissions of your Authorized Users.
BusinessAIOS will indemnify, defend, and hold harmless you and your officers, directors, and employees from and against any third-party claims alleging that the Services, as provided by BusinessAIOS and used in accordance with these Terms, infringe any patent, copyright, trademark, or trade secret of a third party. BusinessAIOS's obligation under this Section does not apply to claims arising from: (a) your modification of the Services; (b) your combination of the Services with products or services not provided by BusinessAIOS; (c) Client Data; or (d) your continued use of an allegedly infringing version of the Services after BusinessAIOS has made a non-infringing version available.
The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim for which indemnification is sought; (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation and assistance at the indemnifying party's expense. The indemnifying party may not settle any claim in a manner that imposes obligations or restrictions on the indemnified party without prior written consent.
These Terms commence on the date you first access or use the Services and remain in effect for the duration of your active Subscription, unless earlier terminated as provided herein.
You may cancel your Subscription at any time through your account settings or by contacting support@businessaios.com. Cancellation takes effect at the end of the then-current billing period. We do not provide prorated refunds for mid-period cancellations of monthly plans. Refunds for annual plans are subject to our Refund and Cancellation Policy.
Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 30 days of written notice specifying the breach in reasonable detail; (b) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy, receivership, or similar proceedings; or (c) engages in fraudulent or illegal conduct in connection with the Services.
BusinessAIOS may suspend your access to the Services without terminating these Terms if: (a) your account has an outstanding overdue balance per Section 5.4; (b) we reasonably believe your account is being used in violation of the AUP or applicable law; or (c) we are required to do so by law or court order. We will restore access promptly once the basis for suspension has been resolved.
Upon termination: (a) all licenses granted to you under these Terms immediately terminate; (b) you must cease all use of the Services; (c) outstanding fees become immediately due and payable; and (d) each party will promptly return or destroy the other's Confidential Information upon request. Sections 2, 6.5, 7.1, 7.2, 8, 11, 12, 13.5, 14, and 15 survive termination of these Terms.
These Terms and any dispute arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION), ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES.
The arbitration will be conducted by a single arbitrator appointed in accordance with AAA rules. The seat of arbitration will be Cheyenne, Wyoming. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Arbitration fees will be allocated in accordance with AAA rules, provided that BusinessAIOS will pay all AAA filing fees for claims you bring in good faith where the amount in controversy does not exceed $10,000.
YOU AND BUSINESSAIOS EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM WILL BE SEVERED AND PROCEED IN COURT WHILE ALL OTHER CLAIMS PROCEED IN ARBITRATION.
Before initiating arbitration, the parties agree to attempt to resolve any dispute informally. Either party may initiate informal dispute resolution by sending written notice to the other identifying the nature of the dispute and the relief sought. The parties will meet and confer (in person, by phone, or by video) within 30 days of that notice. If the dispute is not resolved within 60 days of the initial notice, either party may proceed to arbitration.
Nothing in this Section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending resolution of a dispute.
These Terms, together with all incorporated documents (Privacy Policy, AUP, Refund and Cancellation Policy, and any Order Forms or SOWs), constitute the entire agreement between the parties with respect to the Services and supersede all prior or contemporaneous understandings, representations, or agreements, whether written or oral, relating to the same subject matter.
In the event of a conflict between these Terms and any other document, the following order of precedence applies (highest to lowest): (1) a signed Statement of Work; (2) a signed Order Form; (3) these Terms of Service; (4) other incorporated policies.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed. The remaining provisions will continue in full force and effect.
A party's failure or delay in exercising any right or remedy under these Terms will not constitute a waiver of that right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without BusinessAIOS's prior written consent. BusinessAIOS may assign these Terms or any rights hereunder without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void. These Terms bind and inure to the benefit of the parties' permitted successors and assigns.
Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, internet or utility failures, or other force majeure events. The affected party will provide prompt notice and use commercially reasonable efforts to resume performance as soon as practicable.
Notices under these Terms must be in writing. BusinessAIOS will provide notices to you via email to your registered account address or via in-platform notification. You will provide notices to BusinessAIOS at legal@businessaios.com or by certified mail to 1626 Central Ave, Cheyenne, WY 82001. Notices sent by email are effective upon transmission; notices by mail are effective upon confirmed delivery.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. Neither party has authority to bind the other or to incur any obligation on the other's behalf.
Section headings are for convenience only and do not affect the interpretation of these Terms. The words "include," "includes," and "including" are deemed to be followed by "without limitation." References to "days" mean calendar days unless otherwise specified.
These Terms may be accepted electronically, including by clicking "I Agree," creating an account, or accessing the Services, and such acceptance is as legally binding as a physical signature. Order Forms and Statements of Work may be executed in counterparts, including by electronic signature, each of which will be deemed an original.
For questions about these Terms, to report a legal matter, or to submit a formal notice, contact us at:
BusinessAIOS LLC
Attn: Legal
1626 Central Ave
Cheyenne, WY 82001
Email: legal@businessaios.com
Website: businessaios.com/legal