Terms of Service

Welcome to AgentBiz.ai. These Terms of Service ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and AgentBiz.ai ("we," "us," or "our"). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using AgentBiz.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

2. Services Description

AgentBiz.ai provides AI automation services for small and medium-sized businesses, including but not limited to:

• AI Agent development and customization
• Workflow automation solutions
• Business process optimization consulting
• Integration with third-party platforms and APIs
• Custom automation project development
• Technical support and maintenance services

The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate Service Agreement or Statement of Work (SOW).

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

If you are accessing or using our Services on behalf of a business entity, you represent that you are authorized to accept these Terms on behalf of that entity and that the entity agrees to be bound by these Terms.

4. User Accounts

4.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update your information as necessary to keep it accurate and current.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account. We are not liable for any losses arising from unauthorized use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise inappropriate. You may also terminate your account at any time by contacting us at [email protected].

5. Service Agreements and Pricing

5.1 Project Proposals

After you submit a service request, we will provide you with a detailed proposal outlining the scope of work, deliverables, timeline, and pricing. The proposal will be customized based on your specific requirements and business needs.

5.2 Service Agreement

Once you accept a proposal, we will execute a separate Service Agreement or Statement of Work that defines the specific terms of engagement, including deliverables, payment terms, intellectual property rights, and other project-specific provisions.

5.3 Payment Terms

Payment terms will be specified in the Service Agreement. Typical payment structures include upfront deposits, milestone-based payments, or monthly retainers. All fees are non-refundable unless otherwise specified in the Service Agreement.

5.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect existing Service Agreements but may apply to renewal terms or new projects.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by AgentBiz.ai or our licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

6.2 Project-Specific IP Rights

Intellectual property rights for custom-developed solutions will be defined in the Service Agreement. Typically, upon full payment, you will receive ownership or a license to use the deliverables created specifically for your project, while we retain rights to our proprietary frameworks, tools, and methodologies.

6.3 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

6.4 Restrictions

You agree not to:

• Reproduce, distribute, modify, or create derivative works from our Services without permission
• Reverse engineer, decompile, or disassemble any software or technology used in our Services
• Remove or alter any copyright, trademark, or other proprietary notices
• Use our Services to develop competing products or services
• Access our Services through automated means (bots, scrapers) without permission

7. User Responsibilities and Prohibited Conduct

When using our Services, you agree to:

• Comply with all applicable laws and regulations
• Provide accurate and truthful information
• Maintain the security of your account credentials
• Use the Services only for lawful business purposes
• Respect the intellectual property rights of others

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems or data
• Impersonate any person or entity or misrepresent your affiliation
• Harass, abuse, or harm other users or our team members
• Use the Services to send spam or unsolicited communications
• Collect or harvest information about other users without consent

8. Confidentiality

During the course of providing Services, both parties may have access to confidential information. "Confidential Information" includes business plans, technical data, customer information, financial information, and any information designated as confidential.

Both parties agree to: (a) maintain the confidentiality of all Confidential Information, (b) use Confidential Information only for the purposes of performing under these Terms or the Service Agreement, and (c) not disclose Confidential Information to third parties without prior written consent, except as required by law.

This confidentiality obligation will survive termination of these Terms for a period of three (3) years or as specified in the Service Agreement.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that we will perform our Services in a professional and workmanlike manner consistent with industry standards. Specific performance warranties will be outlined in the Service Agreement.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not guarantee specific results or ROI from the use of our Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGENTBIZ.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR A SERVICE AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless AgentBiz.ai and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any third-party rights, including intellectual property or privacy rights, or (d) any information or content you provide through the Services.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state of Delaware, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing a formal dispute, you agree to first contact us at [email protected] to attempt to resolve the issue informally. We will work in good faith to reach a mutually acceptable resolution.

12.3 Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

12.4 Class Action Waiver

You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

13. Termination

13.1 Termination by You

You may terminate your use of the Services at any time by closing your account and discontinuing use. Termination of ongoing projects will be governed by the applicable Service Agreement.

13.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause or notice, if we believe you have violated these Terms or engaged in conduct harmful to our business, other users, or third parties.

13.3 Effect of Termination

Upon termination: (a) your right to use the Services will immediately cease, (b) you will remain liable for all amounts owed prior to termination, and (c) provisions that by their nature should survive termination (including confidentiality, intellectual property, warranties, disclaimers, limitations of liability, and dispute resolution) will continue to apply.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and AgentBiz.ai regarding the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

14.4 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

14.5 Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

14.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and AgentBiz.ai. You have no authority to bind us or make commitments on our behalf.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: