Terms of Service

1. The Services

BIZAPPBIZ provides AI-powered digital marketing, customer engagement, and business automation services for local businesses, including restaurants, barbershops, salons, churches, and other service businesses. Depending on your plan, the Services may include:

• A customer relationship management (CRM) dashboard
• Websites, landing pages, funnels, forms, and online ordering or booking tools
• Email, SMS/MMS, and voice communication tools
• Automated marketing campaigns and workflows
• AI-powered chat, voice, review-response, and content-generation features (including the HERO AI System)
• Reputation and review management
• Reporting and analytics
• Mobile applications

The Platform is built in part on software infrastructure, telecommunications services, and AI models licensed from third-party technology providers. BIZAPPBIZ configures, customizes, and manages these tools on your behalf. You acknowledge that the availability and functionality of certain features depend on those third-party providers and may change over time.

Business Use Only. The Platform is intended for business use. You must be at least 18 years old to use it. You may not use the Platform if you operate, work for, or are acting on behalf of a competitor of BIZAPPBIZ, or if your purpose is to copy, reverse engineer, or compete with the Platform.

2. Your Account

Account Information. You agree to provide complete, current, and accurate information when registering and to keep that information up to date. The individual who accepts these Terms is the account owner unless the account is opened on behalf of a business entity, in which case the business entity is the owner.

Login Credentials. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at mail@bizappbiz.com or (877) 890-6021 if you suspect unauthorized access. We strongly recommend that you enable two-factor authentication where available. BIZAPPBIZ is not liable for losses arising from your failure (or your staff's failure) to follow recommended security practices.

Account Access for Support. You consent to BIZAPPBIZ accessing your account and sub-accounts for support, configuration, security, and maintenance purposes, and to perform or enforce our obligations under these Terms.

Ownership Disputes. If a dispute arises over who owns an account (for example, between business partners or between a business and a former employee), BIZAPPBIZ may request documentation — such as payment records, business registration documents, or a court order — to determine the rightful owner, and may suspend the account until the dispute is resolved. Our good-faith determination is final, and you agree to hold BIZAPPBIZ harmless from claims arising out of how we resolve any ownership dispute.

3. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will not, and will not permit your employees, agents, or customers to:

1. Use the Platform in violation of any applicable law or regulation;
2. Send spam, junk mail, chain letters, or any unsolicited or unlawful advertising;
3. Send communications to any person who has not provided the level of consent required by applicable law;
4. Upload or transmit content that is unlawful, fraudulent, defamatory, harassing, hateful, sexually explicit, or that exploits or harms minors in any way;
5. Infringe any copyright, trademark, trade secret, privacy right, publicity right, or other right of any third party;
6. Impersonate BIZAPPBIZ, its staff, or any other person or entity;
7. Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Platform or related systems;
8. Use bots, scrapers, or automated tools to access or copy the Platform without our written consent;
9. Reverse engineer, decompile, or attempt to discover the source code or underlying structure of the Platform;
10. Resell, sublicense, white-label, or provide access to the Platform to third parties without a written reseller agreement with BIZAPPBIZ;
11. Overburden, disable, or interfere with the proper functioning of the Platform or other users' access to it; or
12. Use the Platform for gambling, payday lending, cryptomining, illegal goods or services, or any activity with a high risk of economic or physical harm.

BIZAPPBIZ may monitor use of the Platform and may suspend or terminate any account that we determine, in our sole discretion, is engaged in suspicious, unlawful, or abusive activity or otherwise violates these Terms.

4. Communications Compliance (Important)

The Platform includes tools to send SMS, MMS, email, and voice communications to your customers and prospects. You — not BIZAPPBIZ — are the sender of all communications for all legal and regulatory purposes. BIZAPPBIZ provides the technology only; we do not create, initiate, or control the content, timing, or recipients of your messages unless expressly agreed in a managed-services arrangement, and even then you remain responsible for approving content and confirming consent.

You are solely responsible for compliance with all laws governing marketing and communications, including without limitation:

• The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its regulations;
• The Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310;
• The CAN-SPAM Act of 2003;
• Federal and state do-not-call laws and registries;
• State "mini-TCPA" and telemarketing registration laws;
• Carrier and telecom requirements, including 10DLC registration and messaging policies; and
• International laws such as GDPR and Canada's Anti-Spam Legislation (CASL), if you contact recipients outside the United States.

You represent and warrant that you have obtained, documented, and will maintain all consents required by law before contacting any recipient through the Platform, and that you will promptly honor all opt-out requests. You are responsible for maintaining records of consent. These obligations survive termination of this Agreement.

Telecom carriers and providers may impose surcharges, registration fees, and per-message costs. These will be billed to you as incurred or as set forth in your plan.

5. AI Features — Acceptable Use and Disclaimers

If your plan includes AI features (including the HERO AI System, AI chat or voice agents, automated review responses, or AI-generated content):

AI output may be inaccurate. AI-generated content may be incomplete, outdated, or wrong. BIZAPPBIZ makes no warranty as to the accuracy, reliability, or appropriateness of AI-generated content. You are solely responsible for reviewing and approving AI-generated content before it is used, published, or sent to customers, and you assume all risk associated with its use.

No professional advice. AI features do not provide legal, medical, financial, tax, or other professional advice, and you may not use them to deliver individualized advice that would ordinarily come from a licensed professional.

Disclosure. Where required by law, you must disclose to your customers when they are interacting with an AI-based chatbot or voice agent rather than a human.

Prohibited AI uses. You may not use AI features to discriminate against any person or group; to generate hateful, harassing, violent, deceptive, or infringing content; to spread misinformation; to make automated decisions with legal or similarly significant effects (such as credit, employment, housing, or insurance eligibility); or in any jurisdiction that prohibits the use of AI.

Sensitive data. Do not input Protected Health Information (PHI), payment card numbers, Social Security numbers, or other highly sensitive personal data into AI features. You acknowledge that AI inputs may be processed by third-party AI providers subject to their own terms.

6. Your Data and Privacy Responsibilities

Your Customer Data. As between you and BIZAPPBIZ, you own the contact lists, customer records, and business content you upload to the Platform ("Customer Data"). You grant BIZAPPBIZ a license to host, process, transmit, and display Customer Data as needed to provide the Services.

Your Compliance Obligations. You are solely responsible for:

• Complying with all privacy and data protection laws that apply to your business (including, where applicable, GDPR, CCPA/CPRA, and similar state laws);
• Providing legally required privacy notices to your customers and obtaining all necessary consents to collect their data and share it with us;
• Receiving, documenting, and responding to data subject requests (access, deletion, correction, etc.) from your customers within legally required timeframes;
• Establishing appropriate retention and deletion practices for personal data you process through the Platform; and
• Complying with data breach notification laws applicable to your business, including notifying affected individuals and regulators where required, at your own cost.

If BIZAPPBIZ receives a data rights request from one of your customers, we may direct it to you, and you agree to handle it promptly.

No PHI / HIPAA. Unless we have signed a separate Business Associate Agreement with you, the Platform is not intended for storing or transmitting Protected Health Information, and you agree not to use it for that purpose.

Our Privacy Practices. Our collection and use of your information is described in our Privacy Policy, which is incorporated into these Terms by reference.

Usage Data. BIZAPPBIZ may collect and analyze anonymized, aggregated data about Platform usage and performance to operate, secure, and improve the Services. Such usage data will not identify you or your customers when disclosed to third parties.

7. Third-Party Services

The Platform integrates with third-party services such as payment processors, telecom carriers, social media platforms, delivery networks, online ordering providers, calendar tools, domain registrars, and AI providers ("Third-Party Services"). Your use of any Third-Party Service is governed by that provider's own terms and privacy policy, and is at your own risk. You authorize BIZAPPBIZ to share your data with Third-Party Service providers as needed to enable integrations you request or use.

BIZAPPBIZ does not control Third-Party Services and is not responsible for their acts, omissions, outages, data handling, pricing changes, or discontinuation. We make no warranty regarding any Third-Party Service and disclaim all liability arising from your use of them.

Domains and Phone Numbers. If we procure a domain name or phone number on your behalf, it may be registered through a third-party provider. Phone numbers procured through the Platform may be released within fourteen (14) days after your account is canceled or terminated. Domain registrations and transfers are subject to the registrar's terms, and you are responsible for renewal fees and DNS configuration. Numbers or domains you ported in or transferred from your own accounts remain yours, and we will cooperate in releasing them back to you on termination.

8. Fees, Billing, and Cancellation

Fees and Auto-Renewal. You agree to pay the fees set forth in your plan, order form, or proposal, including setup fees, monthly or annual subscription fees, usage-based charges (such as SMS, email, voice, and AI usage), and fees for add-on services ("Fees"). You agree to keep accurate and current billing information on file. Subscriptions renew automatically and your payment method will be charged at the then-current rate unless you cancel before the renewal date.

Usage Charges and Wallet. Usage-based charges (such as messaging and AI credits) may be billed in arrears or deducted from a prepaid balance ("wallet"). If your account uses a wallet, you authorize us to automatically replenish it from your payment method on file when the balance falls below the designated threshold, and to charge your payment method to cover any negative balance.

Late Payment. If a charge is declined, we may re-attempt the charge for up to seven (7) business days. Continued non-payment may result in suspension or cancellation of your account. You agree to reimburse us for reasonable costs of collection, including attorneys' fees, for amounts lawfully due.

Billing Disputes. You must notify us in writing of any disputed charge within thirty (30) days of the invoice date, or the dispute is waived. You agree to cooperate in good faith to resolve billing disputes.

Cancellation. You may cancel your subscription by emailing mail@bizappbiz.com or calling (877) 890-6021, or through any cancellation mechanism in your account, subject to any minimum commitment period in your signed service agreement. You are responsible for all Fees incurred through the effective date of cancellation. Cancellation must be completed before your renewal date to avoid being charged for the next period.

Refunds. Except as required by law or expressly stated in your signed service agreement, all Fees are non-refundable, including subscription fees, setup fees, usage charges, and prepaid services, regardless of whether you actually used the Platform during the billing period. Promotional credits have no cash value and expire if unused within ninety (90) days unless otherwise stated.

Taxes. Fees are exclusive of sales, use, VAT, GST, and similar taxes unless stated otherwise. You are responsible for all taxes associated with your purchases (other than taxes on BIZAPPBIZ's income) and for all taxes related to your own sales to your customers.

9. Your Business, Your Customers

The Platform may enable you to sell products and services, take orders, accept reservations or bookings, and process payments from your customers. You — not BIZAPPBIZ — are the merchant of record for everything you sell. You are solely responsible for:

• The accuracy and legality of your menus, listings, pricing, promotions, and offers;
• Order fulfillment, food safety, service quality, refunds, returns, and customer service;
• Posting your own customer-facing terms of service, privacy policy, and refund policy;
• Determining, collecting, and remitting all applicable taxes on your sales;
• Compliance with consumer protection, accessibility, and advertising laws in your jurisdiction.

BIZAPPBIZ does not pre-screen the content you publish through the Platform but reserves the right to remove content that violates these Terms or applicable law. Any contract of sale made through the Platform is solely between you and your customer. BIZAPPBIZ is not responsible for disputes between you and your customers.

10. Intellectual Property

Our IP. The Platform, including its software, design, templates, workflows, automations, prompts, training materials, documentation, and content created by BIZAPPBIZ (collectively, "Platform Content"), is owned by BIZAPPBIZ or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform Content solely as part of your use of the Services during your subscription. Custom builds, snapshots, automations, and configurations created by BIZAPPBIZ remain the property of BIZAPPBIZ unless your signed agreement says otherwise.

Our Marks. "BIZAPPBIZ," "RestoBoost," "HERO AI System," and related names and logos are marks of BIZAPPBIZ and may not be used without our prior written permission.

Your Content. You retain ownership of your trademarks, logos, photos, menus, videos, and other materials you provide ("Your Content"). You grant BIZAPPBIZ a license to use, host, reproduce, modify, and display Your Content as needed to provide the Services (for example, to build your website, run your campaigns, or generate marketing assets). You represent and warrant that you own or have rights to Your Content and that it does not infringe any third party's rights.

Feedback. If you give us ideas or suggestions about the Services, you grant BIZAPPBIZ a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

Copyright Complaints (DMCA). If you believe content on the Platform infringes your copyright, send a written notice containing the information required by 17 U.S.C. § 512(c)(3) to:

BIZAPPBIZ — Copyright Agent
Edison, NJ
Email: mail@bizappbiz.com (Subject: "DMCA Takedown Request")

We will respond to compliant notices in accordance with the DMCA, which may include removing the identified content and forwarding the notice to the alleged infringer, who may submit a counter-notice.

11. Disclaimers

No guaranteed results. BIZAPPBIZ does not guarantee that your business will be profitable, that you will gain customers, that campaigns will achieve any particular open rate, response rate, ranking, or revenue, or that any specific outcome will result from use of the Platform or Services. Marketing results depend on many factors outside our control.

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) RESULTS OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (D) ANY PARTICULAR FEATURE WILL CONTINUE TO BE AVAILABLE.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS NETWORKS ARE INHERENTLY INSECURE, AND BIZAPPBIZ IS NOT LIABLE FOR INTERCEPTION OR LOSS OF DATA IN TRANSIT. BETA OR EARLY-ACCESS FEATURES ARE PROVIDED WITHOUT ANY WARRANTY WHATSOEVER AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZAPPBIZ'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO BIZAPPBIZ FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU USE ONLY FREE SERVICES).

IN NO EVENT WILL BIZAPPBIZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING FROM THIRD-PARTY SERVICES OR THEIR DISRUPTION.

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless BIZAPPBIZ and its owners, employees, contractors, and affiliates from and against all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform or Services; (b) your breach of these Terms; (c) Your Content or Customer Data; (d) communications you send through the Platform, including alleged violations of the TCPA, TSR, CAN-SPAM, or similar laws; (e) your products, services, store, or transactions with your customers; (f) your actual or alleged violation of any law or third-party right, including privacy and data protection laws; (g) taxes related to your business; and (h) disputes between you and your customers, employees, or partners.

14. Term, Suspension, and Termination

These Terms remain in effect for as long as you maintain an account or use the Services. BIZAPPBIZ may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, fail to pay Fees when due, engage in unlawful or abusive activity, or where we reasonably believe suspension is necessary to protect the Platform, other users, or BIZAPPBIZ. We may also report suspected fraudulent or illegal activity to authorities.

Effect of Termination. Upon termination, your right to use the Platform ends immediately. Following cancellation or termination, BIZAPPBIZ will retain data associated with your account for up to ninety (90) days, during which you may request an export of your Customer Data or reactivate your account. After that period, we may permanently delete your data, and BIZAPPBIZ is not liable for any resulting loss. Sections of these Terms that by their nature should survive termination (including payment obligations, IP provisions, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

Force Majeure. BIZAPPBIZ is not liable for delays or failures caused by events beyond our reasonable control, including carrier or provider outages, internet failures, labor disturbances, war, fire, weather, governmental action, or similar events.

15. Governing Law, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles.

Any controversy or claim arising out of or relating to these Terms, the Platform, or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. This arbitration agreement is governed by the Federal Arbitration Act. Arbitration shall take place in Middlesex County, New Jersey, unless the parties agree otherwise or the rules permit remote proceedings. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Class Action Waiver. All claims must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Time Limit on Claims. Any claim arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law.

16. General Provisions

Waiver and Severability. Our failure to enforce any provision of these Terms is not a waiver of it. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

Assignment. BIZAPPBIZ may assign its rights under these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without our prior written consent.

Entire Agreement. These Terms, together with our Privacy Policy and any signed service agreement or order form, constitute the entire agreement between you and BIZAPPBIZ regarding the Platform and supersede all prior understandings on that subject.

Notices. We may send notices to the email address on your account, through the Platform, or by any other lawful means; notices are effective when sent or posted. Notices to BIZAPPBIZ should be sent to:

BIZAPPBIZ
Edison, New Jersey
Email: mail@bizappbiz.com
Phone: (877) 890-6021

BIZAPPBIZ will never email you asking for your password. If you receive a suspicious email claiming to be from us, do not respond and report it to mail@bizappbiz.com.

Exhibit A — Code of Conduct (Prohibited Uses)

Engaging in any of the following is a material breach of these Terms and grounds for immediate suspension or termination:

• Using the Platform in violation of any law or regulation;
• Sending unsolicited or unlawful advertising, spam, or messages without required consent;
• Child sexual exploitation or abuse content of any kind;
• Sexually explicit content;
• Generating or distributing hateful, harassing, violent, fraudulent, or deceptive content;
• Phishing, malware distribution, or compromising any system's security;
• Impersonating any person or entity, or presenting AI output as human-generated in a deceptive manner;
• Disinformation campaigns, astroturfing, or fake reviews;
• Appropriating confidential or personal information without authorization;
• Illegal or highly regulated activities, including gambling, payday lending, cryptomining, and the sale of illegal goods or services;
• Unauthorized practice of law or medicine, or providing unlicensed professional advice;
• Automated decisions affecting eligibility for credit, employment, education, housing, or public assistance;
• Any use that damages, overburdens, or impairs the Platform or interferes with others' use of it.