Terms of Service

1.Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between Bizy Business Solutions LLC, a New York limited liability company with its registered address at 418 Broadway STE N, Albany, Albany County, NY 12207, US ("BizyBusiness," "we," "us," or "our"), and the business or individual that creates an account, subscribes to, or uses our services ("Client," "you," or "your").

By creating an account, selecting a plan, paying any fee, clicking to accept, or using any of our services, you agree to these Terms, our Privacy Policy, and any order form, quote, or plan description that applies to your subscription (together, the "Agreement"). If you are accepting on behalf of a business, you represent that you have the authority to bind that business. If you do not agree, do not use our services.

Please read Section 22 carefully. It requires disputes to be resolved through individual binding arbitration and waives your right to a jury trial and to participate in any class action.

2.Definitions

• "Services" means all websites, booking systems, dashboards, client portals, AI-powered tools, integrations, hosting, email, text messaging, domain, Google Maps and business profile, social media, bookkeeping, invoicing, and other products and managed services we provide under any plan (Basic, Advanced, Pro, Expert) or add-on.
• "Deliverables" means everything we create, configure, write, design, generate, or develop in providing the Services, including website designs, layouts, code, software, AI tools, prompts, workflows, automations, integrations, templates, copy, graphics, and configurations.
• "Client Materials" means the logos, trademarks, photos, videos, text, and other materials you provide to us, in the form you provide them.
• "Client Data" means the business, customer, billing, invoice, bookkeeping, schedule, and calendar records you or your customers enter into the Services.
• "Third-Party Services" means services, platforms, and software operated by anyone other than BizyBusiness, including hosting, database, file storage, AI, email, text messaging, payment, mapping, social media, domain registration, and integrated software providers.
• "End Customers" means your customers, prospects, applicants, and other people who interact with the Services we operate for you.

3.Eligibility and accounts

The Services are offered for business and commercial use only, not for personal, family, or household purposes. You must be at least 18 years old and able to form a binding contract.

You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for all activity under your account and any user accounts you add, for keeping passwords confidential, and for notifying us promptly of any unauthorized access. We are not liable for losses caused by unauthorized use of your credentials.

4.The services

We will provide the Services included in the plan and add-ons you select, as described on our website or in your order at the time of purchase. We may improve, modify, or replace features, Third-Party Services, and underlying technology at any time, provided we do not materially reduce the core functionality of a plan you have paid for during a prepaid term.

Timelines we provide for setup, launch, or delivery are good-faith estimates, not guarantees, and depend on you providing timely information, content, approvals, and access. Features described as beta, preview, or experimental are provided as-is and may change or be discontinued.

You will not be given access to the backend servers, databases, hosting accounts, source code repositories, or infrastructure that power the Services. Access is limited to the client portal, dashboards, and user interfaces we make available to you.

5.Fees, billing, and taxes

You agree to pay the setup fees, recurring subscription fees, add-on fees, and any usage-based fees for the plan and add-ons you select. Recurring fees are billed in advance on a monthly or annual basis, as you choose. Annual billing discounts apply only for as long as you remain on an annual prepaid term.

You authorize us and our payment processor to charge your payment method on file for all fees when due. If a payment fails or is late, we may retry the charge, charge a late fee of up to 1.5% per month (or the maximum allowed by law, if lower) on overdue amounts, and suspend the Services after notice until the account is brought current. You are responsible for reasonable collection costs, including attorneys’ fees.

We may change our prices with at least 30 days’ notice. Price changes take effect at your next billing period. Fees do not include taxes, and you are responsible for all applicable sales, use, and similar taxes other than taxes on our income.

You agree not to initiate a chargeback or payment dispute for fees that are due under these Terms. If you believe you were billed in error, contact us within 30 days of the charge and we will work with you in good faith to resolve it.

Third-Party Service fees that depend on your usage, such as text-message volume, payment processing fees, or domain registration costs beyond what your plan includes, may be passed through to you at our discretion.

6.Cancellation and refunds

For most Services, you may cancel at any time by notifying us through the client portal or by emailing info@BizyBusiness.com. Cancellation takes effect at the end of the current billing month unless we agree otherwise in writing.

A termination fee equal to one month of your then-current recurring fees applies when you cancel a prepaid term early. As a courtesy, we will make all good-faith attempts to refund any remaining prepaid amount, minus the one-month termination fee.

• Initial setup fees are non-refundable once work has begun.
• Refunds are not given for periods shorter than one full month. Partially used months are not prorated.
• Fees paid to Third-Party Services on your behalf, such as domain registrations, are non-refundable.
• Any refund is issued to the original payment method and is at our discretion as described in this section.

We may suspend or terminate the Services, with or without notice, if you fail to pay, materially breach these Terms, violate the Acceptable Use rules, or use the Services in a way that creates legal, security, or reputational risk to us or others. Termination for your breach does not entitle you to a refund.

7.Ownership of deliverables and intellectual property

All Deliverables, and all content, tools, software, and Services we create for our clients, together with all related intellectual property rights, belong exclusively to BizyBusiness, whether created before or during your subscription and whether or not created specifically for you. Nothing in this Agreement transfers ownership of any Deliverable to you, and no Deliverable is a "work made for hire" for you.

While your subscription is active and paid, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Deliverables through the Services solely to operate your business. This license ends automatically when your subscription ends. You have no rights to any Deliverables, content, tools, or Services after termination, regardless of the reason for termination.

You keep ownership of your Client Materials and your trademarks. You grant us a worldwide, royalty-free license to use, copy, modify, display, and distribute Client Materials as needed to provide the Services, and to display your business name and logo as a client in our marketing unless you opt out in writing. You represent that you have all rights needed to give us Client Materials and that our use of them will not infringe anyone’s rights.

If you give us suggestions or feedback, we may use them freely without any obligation to you.

8.Domain names

Domains we register on your behalf are registered and controlled by BizyBusiness for the duration of your service. We will manage renewal and DNS configuration while your subscription is active.

Upon termination of service, we will transfer a domain registered on your behalf to you upon request, provided your account is paid in full. To receive the domain, you must request the transfer and provide a valid registrar account to which it can be transferred within 30 days of termination.

If you do not request the domain, or fail to provide a valid registrar within that period, we may delete the domain registration or, if deletion is not possible, suspend its renewal, after which the domain may expire and become publicly available for anyone to register. We are not responsible for any loss resulting from the expiration or re-registration of a domain.

Regardless of whether a domain is transferred, no website, content, email, or other material previously hosted on or associated with the domain will be accessible to you after termination.

9.Google Maps, business profile, and social media accounts

For Google Maps listing, business profile maintenance, and social media management services, the related accounts are created, owned, and controlled by BizyBusiness while you subscribe to that service.

Login credentials for your social media accounts and Google Maps and business profile will be provided to you at any time upon request.

If you terminate your subscription to one of these services, we will provide you with all login information needed to access those platforms and will update the default email and contact information on those accounts to an email address or contact of your choosing. After that handover, you are solely responsible for those accounts and their security.

We are not responsible for any damages or losses caused by negative comments, reviews, ratings, or posts made by others on your Maps listing, business profile, or social media accounts, or for platform actions such as review removals, listing suspensions, reach limits, or account restrictions.

10.Client data, data export, and termination

At any time during service, or upon termination, you may request a copy of all data associated with your account. This includes, but is not limited to, your client information, your personal information, billing information (both your own and your customers’), invoice and bookkeeping data (if applicable), and your schedules and calendars. We will provide the export within a reasonable time after your request, and may require identity verification first.

Data exports are provided in a raw format or in the default format produced by the storage engine in which the data is kept. Exports may not include any formatting, structure, documentation, or software needed to view or use them. We are not responsible for any losses caused by your inability to use, import, read, or convert exported data.

Upon termination of service for any reason, you will immediately lose access to the client portal and to all data stored in our databases. Please request any data export before your service ends. After termination, we may permanently delete your data at any time, subject to our legal retention obligations.

You are responsible for maintaining your own independent backups of data that is important to your business. We are not responsible for any data that is lost, corrupted, or made unavailable due to a Third-Party Service.

11.Third-party services

Many of our Services rely on Third-Party Services to perform their functions, including hosting, databases, file storage, AI models, email, text messaging, payments, mapping, social media, domain registration, and integrations with software you already use. Each Third-Party Service has its own terms of service and privacy policy.

You authorize BizyBusiness to accept those third-party terms on your behalf as needed to provide the Services, and you agree to be bound by them. Copies of the applicable third-party terms will be made available to you upon request.

We do not control Third-Party Services and are not responsible for any losses, downtime, errors, data loss, price changes, policy changes, account suspensions, or discontinuation caused by Third-Party Service providers. If a Third-Party Service becomes unavailable or changes materially, we may replace it with a comparable service.

12.Artificial intelligence features and automation

Some Services use artificial intelligence, including AI-assisted booking, instant estimates, cost estimates, diagnostics, code-compliance assistance, applicant sorting, scheduling, and custom AI tools. AI output is generated automatically, can be incorrect, incomplete, outdated, or inconsistent, and is not professional, engineering, legal, electrical, building-code, mechanical, financial, or employment advice.

We are not responsible for any damages or losses caused by incorrect or inaccurate information provided by any AI service, including but not limited to AI-generated cost estimates, AI-generated diagnostics, and AI-assisted code compliance. It is solely your responsibility to verify all information generated by an AI service before relying on it or sharing it with your customers.

Certain Services can be automated to varying levels with AI assistance, such as automatically confirming bookings, sending quotes, replying to messages, or sorting job applicants. It is your responsibility to choose a level of automation that is appropriate for your particular business, to review automated actions, and to ensure that automated decisions comply with the laws that apply to you, including consumer protection, licensing, and employment and anti-discrimination laws.

13.Your responsibilities

• You are responsible for the accuracy of the prices, estimates, service descriptions, licenses, insurance, warranties, and other information shown to your End Customers.
• You are responsible for obtaining all consents required by law from your End Customers, including prior express written consent before any marketing text message is sent, and for honoring opt-out requests, under laws such as the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and state equivalents.
• You are responsible for complying with all laws that apply to your business, including licensing, consumer protection, privacy, tax, employment, and advertising laws, and for your relationship with your End Customers.
• You are responsible for the content you provide or approve for publication, including posts, photos, review responses, and advertising.
• You will provide timely information, approvals, and access that we reasonably need to deliver the Services.

14.Acceptable use

You agree not to, and not to allow anyone else to:

• Use any of our Services for the purpose of attempting to duplicate, copy, reproduce, clone, or create a competing version of any of our Services, Deliverables, tools, or business model.
• Reverse engineer, decompile, scrape, or attempt to extract the source code, prompts, workflows, or underlying structure of any Service or Deliverable.
• Attempt to access backend servers, databases, other clients’ data, or any part of the Services you are not authorized to access, or probe, scan, or test the vulnerability of the Services.
• Resell, sublicense, or provide the Services to third parties without our written permission.
• Send spam or unsolicited messages, or use the Services for fraud, deception, harassment, or any unlawful purpose.
• Upload content that is unlawful, infringing, defamatory, obscene, or that contains malware.
• Interfere with or disrupt the Services, including by overloading them.

We may remove content or suspend accounts that violate these rules.

15.Confidentiality and non-solicitation

Each party will protect the other’s non-public business information with reasonable care and use it only to perform under this Agreement. Our pricing, proposals, methods, tools, prompts, and Deliverables are our confidential information.

During your subscription and for 12 months afterward, you agree not to directly solicit or hire any BizyBusiness employee or contractor who worked on your account without our written consent.

16.Availability, downtime, and force majeure

We work to keep the Services available and reliable, but we do not guarantee that they will be uninterrupted, timely, secure, or error-free. Scheduled maintenance, updates, and emergency repairs may cause temporary interruptions.

We are not responsible for any failure, delay, or downtime caused by events beyond our reasonable control, including natural disasters, fires, floods, hurricanes, storms, earthquakes, pandemics, epidemics, power outages, internet or telecommunications failures, cyberattacks, acts of government, war, terrorism, civil unrest, labor disputes, and the failure of any Third-Party Service.

17.Security and data breaches

We use commercially reasonable safeguards to protect the Services and your data, as described on our Security page. However, no system is completely secure.

To the fullest extent permitted by law, we are not responsible for any damages or losses caused by data breaches, unauthorized access, hacking, malware, or other security incidents, including incidents affecting Third-Party Services, except to the extent caused by our gross negligence or willful misconduct. We will notify affected clients of security incidents as required by applicable law.

18.Disclaimer of warranties

The Services, Deliverables, and all AI output are provided "as is" and "as available." To the fullest extent permitted by law, BizyBusiness disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that the Services will produce any particular number of bookings, leads, revenue, search rankings, reviews, or other business results.

19.Limitation of liability

To the fullest extent permitted by law, BizyBusiness and its members, managers, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business, lost bookings, lost data, business interruption, downtime, reputational harm, or cost of substitute services, arising out of or relating to the Services or this Agreement, whether in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or relating to the Services or this Agreement will not exceed the total fees you actually paid to BizyBusiness in the three (3) months immediately before the event giving rise to the claim.

These limitations apply even if a limited remedy fails of its essential purpose, and are an essential part of the bargain between the parties. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.

20.Indemnification

You agree to defend, indemnify, and hold harmless BizyBusiness and its members, managers, officers, employees, contractors, and agents from any claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of the Services; your Client Materials or published content; your End Customers; your business, products, services, estimates, or work; your reliance on AI output; your level of automation; your text-message and email practices, including TCPA and CAN-SPAM claims; or your breach of this Agreement or any law.

21.Time limit to bring claims

To the fullest extent permitted by law, any claim arising out of or relating to the Services or this Agreement must be filed within one (1) year after the claim arises, or it is permanently barred.

22.Dispute resolution, arbitration, and class action waiver

Informal resolution first

Before starting arbitration, the party with a dispute must send the other a written notice describing it, and both parties will try in good faith to resolve it informally for at least 30 days.

Binding individual arbitration

Any dispute, claim, or controversy arising out of or relating to the Services or this Agreement, including its formation, scope, validity, or enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in Suffolk County, New York, or remotely if the arbitrator permits. Judgment on the award may be entered in any court with jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.

Either party may bring an individual claim in small claims court if it qualifies, and either party may seek an injunction in court to protect its intellectual property or confidential information.

Class action and jury trial waiver

You and BizyBusiness 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, representative, or private attorney general action or proceeding. The arbitrator may not consolidate the claims of more than one client and may not preside over any form of class or representative proceeding. You and BizyBusiness each waive any right to a jury trial.

If this class action waiver is found unenforceable as to a particular claim, that claim must be severed and brought in court, and the remaining claims will still be arbitrated individually.

23.Governing law and venue

This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to the arbitration agreement above, the state and federal courts located in Suffolk County, New York have exclusive jurisdiction, and both parties consent to that venue.

24.Changes to these terms

We may update these Terms from time to time. We will notify active clients of material changes by email or through the client portal at least 15 days before they take effect. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not agree, you may cancel under Section 6.

25.General terms

• Entire agreement: this Agreement is the entire agreement between the parties about its subject and replaces any prior agreements or communications. Any purchase order terms you send are void.
• Severability: if any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of the Agreement will remain in effect.
• No waiver: our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment: you may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition, or sale of assets.
• Independent contractors: the parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
• Subcontractors: we may use employees, contractors, and Third-Party Services to perform the Services, and remain responsible for our obligations under this Agreement.
• Notices: we may send notices to the email address on your account or through the client portal. You may send notices to info@BizyBusiness.com.
• Electronic acceptance: electronic acceptance of this Agreement is as binding as a signed written agreement.
• Survival: sections on fees owed, ownership, data, third-party services, AI, confidentiality, disclaimers, limitation of liability, indemnification, time limits, dispute resolution, and governing law survive termination.

26.Contact

Bizy Business Solutions LLC, 418 Broadway STE N, Albany, Albany County, NY 12207, US. Email: info@BizyBusiness.com.