Terms of Service

Last Updated: January 9, 2026

Important (Please Read): BizAssistant.ai provides AI receptionists / AI voice agents and related automation tools. You (not BizAssistant.ai) are responsible for: (i) compliance with all laws that apply to your calls/texts/recordings/marketing and the content your AI agent says, (ii) providing required notices and obtaining required consents (including for call recording and automated texts/calls), and (iii) ensuring your use is appropriate for your industry and jurisdiction.

Not legal advice: BizAssistant.ai is not a law firm and does not provide legal services. You should have counsel review these Terms for your business and location.

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of BizAssistant.ai’s website(s), software, AI receptionist / voice agent services, call routing, booking widgets, SMS/e-mail communications, call recordings/transcripts (where enabled), integrations, and related services (collectively, the “Services”).

The Services are offered by BizAssistant.ai LLC (“BizAssistant.ai,” “we,” “us,” or “our”), located at 3400 Cottage Way, Ste G2 #32353, Sacramento, CA 95825.

By accessing or using the Services, clicking to accept these Terms, signing an order form, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.

2. Other Policies; Order of Precedence

These Terms incorporate by reference our Privacy Policy (available on our website). If we provide additional policies (e.g., acceptable use, DPA, support policy) or an order form, those documents may apply as well.

If there is a conflict between these Terms and an order form or signed written agreement between you and BizAssistant.ai, the signed agreement controls for that conflict.

3. Key Definitions

  • “Client,” “you,” or “your”: the business, organization, or person using the Services.
  • “Authorized Users”: your employees, contractors, and agents you authorize to access the Services under your account.
  • “Agency / Reseller”: a Client that configures or deploys the Services for third parties (“End Customers”). Agencies/Resellers are responsible for End Customers’ compliance.
  • “AI Receptionist” / “AI Agent”: the automated voice or chat assistant provided through the Services.
  • “Caller” / “End User”: any person who calls, texts, chats with, or otherwise interacts with your AI Receptionist or your business through the Services.
  • “Client Content”: information you submit to configure or use the Services (e.g., scripts, FAQs, service areas, pricing, calendars, business rules, and any data about Callers).
  • “Output”: any AI-generated response, transcript, summary, classification, or other result produced by the Services.
  • “Third-Party Services”: products/services not operated by us (e.g., telephony/SMS carriers, CRMs, calendars, payment processors, AI model providers, analytics).

4. Eligibility; Business Use; Authority

You represent and warrant that: (a) you are at least 18 years old; (b) you have legal capacity and authority to enter these Terms; and (c) you will use the Services only for lawful business purposes and in compliance with these Terms and all applicable laws.

BizAssistant.ai does not provide legal advice and does not guarantee that use of the Services will make you compliant with any law, regulation, or industry requirement.

5. Description of the Services

BizAssistant.ai provides AI-driven communications and automation tools that may answer inbound calls, collect caller information, qualify/triage inquiries, route calls, schedule appointments, send follow-ups, and sync information with integrated systems. Certain features may be optional, beta, or dependent on Third-Party Services.

The Services act on your configuration and instructions. You are solely responsible for your scripts, business logic, disclosures, routing rules, and how you use the Outputs.

6. Account Registration; Security; Authorized Users

You must provide accurate information when creating an account and keep it current. You are responsible for all activity on your account, including activity by Authorized Users.

  • You must safeguard logins, passwords, API keys, and integration credentials.
  • You will promptly notify us of any suspected unauthorized access or security incident involving your account.
  • We may impose reasonable access controls, authentication requirements, and rate limits.

7. Your Compliance Responsibilities (Critical)

You are solely responsible for compliance with laws and regulations applicable to your business and communications, including (without limitation) privacy, consumer protection, marketing/telemarketing, call recording, and data protection laws. This includes obtaining and documenting all legally required notices and consents from Callers/contacts.

7.1 TCPA/Telemarketing/SMS Compliance

  • You will not use the Services to place unlawful robocalls or send unlawful texts.
  • You will obtain any required prior express consent or prior express written consent (as applicable) before initiating automated calls or texts.
  • You will maintain and honor opt-out requests, “STOP” replies, and applicable Do-Not-Call rules/lists.
  • You are the legal “sender,” “caller,” “marketer,” or “advertiser” for communications you initiate through the Services.

7.2 Call Recording, Monitoring & Transcription Compliance

Recording laws vary by jurisdiction. You are responsible for determining if you may record or monitor calls and for providing all required disclosures and obtaining all required consents.

  • You must configure your greeting/IVR/script to provide legally sufficient notice (and obtain consent where required).
  • If you enable recording/transcription features, you represent you have the right to do so and to provide the recorded data to us for processing.
  • If a Caller declines recording where required, you must provide an alternate workflow (e.g., transfer to a non-recorded line), if legally required.

7.3 Required Disclosures (AI, Pricing, Availability, Licensure, Etc.)

You are responsible for ensuring your AI Agent provides any disclosures required by law or best practices in your context, including (as applicable): (i) disclosing that the Caller is interacting with an AI or automated system, (ii) pricing/fees disclaimers, (iii) appointment availability limitations, and (iv) licensure or professional disclaimers for regulated industries.

7.4 You Control the “Purpose and Means” of Processing

You determine what data you collect and why. You are responsible for providing privacy notices to Callers, honoring lawful requests, and ensuring you have a legal basis to share data with us.

8. Acceptable Use; Prohibited Conduct

You agree not to (and not to allow any third party to) do any of the following:

  • Use the Services for unlawful, harmful, harassing, defamatory, deceptive, or fraudulent activity.
  • Send unsolicited marketing messages or contact individuals without required consent.
  • Impersonate any person or entity, or misrepresent affiliation, including by cloning or simulating a real person’s voice without their explicit permission.
  • Transmit malware, attempt to hack, probe, scan, scrape, overload, or disrupt the Services or related systems.
  • Reverse engineer, decompile, or attempt to derive source code, models, prompts, system design, or non-public features (except as permitted by law).
  • Use the Services to create or train a competing product or to benchmark the Services for publication without our written consent.
  • Use the Services in “high-risk” contexts where errors could lead to death, personal injury, or catastrophic harm (e.g., emergency dispatch, life support, critical infrastructure).

We may suspend, throttle, or terminate access if we reasonably believe your use is abusive, unlawful, non-compliant, or creates risk for BizAssistant.ai or others.

9. Prohibited Data; Sensitive Information

Unless we have a separate written agreement signed by BizAssistant.ai that explicitly permits it, you agree you will not submit or process through the Services:

  • Protected Health Information (PHI) subject to HIPAA/HITECH.
  • Full payment card numbers, CVV codes, or other payment card data requiring PCI compliance.
  • Government ID numbers (e.g., SSNs), biometric identifiers, or similarly sensitive identifiers unless explicitly allowed and securely configured.
  • Passwords, bank credentials, or authentication secrets.
  • Any data you do not have the legal right to collect, use, or share.

10. SMS/Text, Voice, E-mail, and Communications Consent

By providing contact information to BizAssistant.ai or using the Services, you authorize us to send service-related communications (e.g., account notices, security alerts, billing receipts, and operational messages). Message frequency may vary. Standard message/data rates may apply.

Opt-out: Where applicable, you (and your contacts, where you instruct us to message them) can opt out by replying STOP or using other provided mechanisms. You are responsible for ensuring opt-out language and compliance are handled correctly for your use case.

11. Call Recording & Transcription (Feature Terms)

Where enabled, we may record, store, and transcribe calls or interactions handled through the Services to provide the Services, deliver features (transcripts/summaries/analytics), help troubleshoot issues, and improve quality.

You are solely responsible for required recording disclosures/consents and for configuring your greeting/agent scripts accordingly.

12. No Emergency Services

The Services are not designed for emergency use (e.g., 911, fire, police, medical emergencies, crisis hotlines). Do not rely on the Services for emergency dispatch or instructions. BizAssistant.ai disclaims all responsibility for attempts to use the Services for emergency purposes.

13. Regulated and High-Risk Industries

Unless we expressly agree in a separate signed writing, the Services are not designed to comply with industry-specific regulations (including without limitation HIPAA/HITECH, GLBA, PCI-DSS, FINRA/SEC rules, FCRA/FDCPA, or state bar rules). You are responsible for ensuring compliant use and for restricting data and workflows accordingly.

No professional advice: The Services do not provide legal, medical, mental health, financial, tax, or investment advice. You are responsible for ensuring your AI Agent does not present Outputs as professional advice.

14. Third-Party Services & Integrations

The Services may integrate with Third-Party Services (telephony/SMS carriers, CRMs, booking tools, payment processors, AI model providers, analytics, etc.). Your use of Third-Party Services is subject to their own terms and policies, and we do not control or assume responsibility for them.

Third-Party Services may change, fail, or become unavailable. We are not liable for outages, data loss, delivery failures, carrier filtering, or feature limitations caused by Third-Party Services.

15. Fees, Trials, Billing, Taxes, and Cancellations

15.1 Plans, Trials, and Auto-Renewal

We may offer free or promotional trials. Unless stated otherwise, after a trial ends, your subscription may automatically convert to a paid plan and renew periodically (e.g., monthly) until canceled.

15.2 Authorization to Charge; Payment Processors

You authorize BizAssistant.ai and our payment processors to charge your payment method for all fees, taxes, and other charges associated with your account. If your payment method fails, we may suspend Services until payment is received.

15.3 Pass-Through Costs; Telecom Carrier Fees

Certain usage (e.g., carrier/SMS fees, number provisioning, toll-free fees, or other telecom charges) may be pass-through costs imposed by carriers or vendors. You are responsible for such fees where applicable, even if a plan is advertised as “flat rate” or “unlimited,” unless we expressly state those costs are included.

15.4 No Refunds; Chargebacks

Fees are non-refundable except as required by law or as expressly agreed by us in writing. You agree not to initiate unwarranted chargebacks. If you do, we may suspend your account and you remain responsible for outstanding amounts and reasonable collection costs.

15.5 Pricing Changes

We may change pricing from time to time. If a pricing change affects your next renewal, we will provide notice as required by law. Continued use after the effective date constitutes acceptance.

15.6 Cancellation

You may cancel at any time through the methods we make available. Cancellation stops future renewals but does not retroactively refund already-paid fees. You remain responsible for fees incurred through the effective cancellation date.

16. Intellectual Property; License; Feedback

The Services (including software, workflows, UI, designs, and underlying technology) are owned by or licensed to BizAssistant.ai and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during an active subscription and in accordance with these Terms.

Restrictions: You may not copy, sell, resell, rent, lease, sublicense, distribute, or publicly perform the Services or any portion of them except as expressly permitted.

Your Content: You retain ownership of Client Content. You grant BizAssistant.ai a worldwide, non-exclusive, royalty-free license to host, process, transmit, and use Client Content as reasonably necessary to provide, secure, and improve the Services and to comply with law.

Feedback: If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation, and without obligation of confidentiality.

Trademarks / Publicity: Unless you opt out in writing, you grant us permission to identify you as a customer (name/logo) in a reasonable manner (e.g., on a customer list). We will stop upon written request.

17. Data, Privacy, Security; Data Processing

We process data in accordance with our Privacy Policy and these Terms. You represent that you have a lawful basis to provide Client Content and Caller data to us and to instruct us to process it.

  • Roles: You are generally the “controller” (or equivalent) of Caller personal data; BizAssistant.ai is generally a “processor” (or equivalent) acting on your instructions.
  • Security: We use commercially reasonable safeguards, but no system is 100% secure. You are responsible for secure use and credential management.
  • Retention & Deletion: Data may be retained as needed to provide the Services, comply with law, resolve disputes, and enforce agreements. We may delete data after termination subject to reasonable retention periods and backups.
  • International Transfers: If you use the Services from outside the U.S., you understand data may be processed in the U.S. and other jurisdictions where we or our subprocessors operate.

If applicable law requires, we may offer a separate Data Processing Addendum (DPA). Contact us to request it.

18. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). Each party agrees to: (a) use Confidential Information only to perform under these Terms, (b) protect it using reasonable care, and (c) not disclose it except to employees/contractors who need to know and are bound by confidentiality obligations.

Confidential Information does not include information that is (i) publicly available without breach, (ii) independently developed without use of the other party’s Confidential Information, or (iii) received lawfully from a third party without confidentiality obligations.

A party may disclose Confidential Information if required by law, subpoena, or court order, provided it gives notice when legally permitted.

19. AI & Automation Terms (Important)

The Services use AI and automated systems. AI may produce incorrect, incomplete, misleading, or inappropriate Output and may misinterpret context or Caller intent. Output is not guaranteed to be accurate, complete, or suitable for any purpose.

  • Human review: You are responsible for monitoring, testing, and reviewing Outputs and workflows, especially for high-stakes communications.
  • Caller experience: You are responsible for how the AI is presented, including any required disclosures that it is AI.
  • No reliance: You will not rely on Outputs as professional advice or as the sole basis for decisions that create legal, financial, or safety risk.
  • Model providers: AI components may be provided by Third-Party Services; their limitations and policies may apply.

20. Beta Features

We may offer beta, preview, experimental, or “early access” features. Beta features may be modified or discontinued at any time and may be less reliable. Beta features are provided “as is” with no warranties and may not be supported.

21. Service Availability; Maintenance; Changes

We do not guarantee uninterrupted uptime. The Services may be unavailable due to maintenance, updates, outages of Third-Party Services, or events beyond our control.

We may modify, suspend, or discontinue all or part of the Services at any time. Where practical, we will provide notice of material changes.

22. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZASSISTANT.AI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) OUTPUTS WILL BE ACCURATE OR COMPLETE; OR (C) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY SPECIFIC BUSINESS RESULT.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIZASSISTANT.AI OR ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $50.

Some jurisdictions do not allow certain limitations; in such cases our liability is limited to the maximum extent permitted by law.

24. Indemnification

You agree to defend, indemnify, and hold harmless BizAssistant.ai and its officers, employees, contractors, and agents from and against any claims, demands, damages, liabilities, losses, and 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 law or third-party right (including privacy, consumer protection, telemarketing/call recording laws); (d) your Client Content, scripts, configurations, or instructions; (e) communications you initiate through the Services (calls/texts/emails); or (f) your use in regulated/high-risk contexts.

25. Suspension; Termination; Effect of Termination

You may stop using the Services at any time. We may suspend or terminate access immediately if we believe you are violating these Terms, violating law, creating risk, or failing to pay fees.

Upon termination, your license to use the Services ends. We may delete or anonymize Client Content and Caller data after termination consistent with our retention practices and legal obligations. You are responsible for exporting any data you wish to retain prior to termination, if export tools are available.

Sections intended to survive (including but not limited to: compliance responsibilities, prohibited uses, recording/consent obligations, IP, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution) will survive termination.

26. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your rights and may require arbitration.

26.1 Informal Resolution

Before filing a claim, each party agrees to attempt to resolve disputes informally by contacting the other party and allowing at least 30 days to resolve the dispute.

26.2 Binding Arbitration (Business-to-Business)

Except for disputes eligible for small claims court or requests for injunctive relief related to intellectual property or misuse of the Services, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration, not in court.

The arbitration will be administered by a recognized arbitration provider (e.g., AAA) under its commercial rules. The arbitration may be conducted remotely (video/phone) unless the arbitrator requires otherwise. The arbitrator may award the same damages and relief that a court could award.

26.3 Class Action Waiver

You and BizAssistant.ai agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Note: Arbitration/class action provisions can be jurisdiction-specific and sometimes need attorney tailoring for maximum enforceability. Consider having counsel confirm this section for your exact customer base (B2B vs B2C) and jurisdictions.

27. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

To the extent any dispute is properly in court (e.g., injunctive relief or to enforce an arbitration award), you agree to venue in state or federal courts located in San Diego County, California, and you consent to personal jurisdiction there.

28. Export Controls; Sanctions; Anti-Abuse

You agree to comply with all applicable export control and sanctions laws and represent that you are not located in a jurisdiction subject to comprehensive U.S. sanctions (where prohibited), and are not a denied or restricted party. You will not use the Services for prohibited end uses.

29. Miscellaneous

  • Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
  • Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Severability: If any provision is unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce a provision is not a waiver.
  • Entire Agreement: These Terms (plus any incorporated policies and any signed order form) are the entire agreement regarding the Services.
  • Electronic Communications: You consent to receive notices electronically.

30. Contact

If you have questions about these Terms, contact us:

BizAssistant.ai LLC
3400 Cottage Way, Ste G2 #32353, Sacramento, CA 95825
📧 [email protected]
🌐 https://www.bizassistant.ai

This Terms of Service template is provided for informational purposes only and does not constitute legal advice. BizAssistant.ai is not a law firm and does not provide legal services. You should have a licensed attorney review and customize these Terms for your specific business, jurisdictions, and marketing/telephony practices.