These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and BizBudPro ("BizBudPro", "we", "us", or "our"), a business based in Vancouver, British Columbia, Canada. They govern your access to and use of the BizBudPro platform, websites, APIs, AI chat and voice agents, WordPress plugin, and any related services (collectively, the "Services"). By creating an account, clicking "I agree", or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and accounts

You must be at least the age of majority in your province or country of residence (19 in British Columbia) and capable of entering a binding contract. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case "you" refers to that organization. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@bizbudpro.com of any unauthorized use.

2. Subscriptions, fees, and billing

Access to paid features requires a subscription. Fees, billing cycles, and included usage are described on our pricing page or in your order form. Unless stated otherwise:

Subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law.
One-time setup fees (such as the WordPress plugin or voice agent onboarding) are non-refundable once work has begun.
All fees are stated in Canadian dollars unless otherwise indicated and are exclusive of applicable taxes (including GST and PST), which you are responsible for paying.
Payment is processed by Stripe; you authorize us and Stripe to charge your selected payment method on each renewal.
If a charge fails, we may suspend or terminate your access until payment is brought current.

We may change our prices upon at least 30 days' notice; price changes take effect at the start of your next billing cycle.

3. Free trials and credits

We may offer free trials, promotional credits, or beta access at our discretion. These may be modified or withdrawn at any time and convert to a paid subscription unless cancelled before the trial ends.

4. Customer Data and your responsibilities

"Customer Data" means information you submit to the Services, including contacts, AI prompts, voice transcripts, documents, and integrations data. You retain all rights in Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display Customer Data solely to provide and improve the Services. You are responsible for:

the accuracy, quality, and legality of Customer Data;
obtaining all necessary consents, including consent under PIPEDA, BC PIPA, and CASL, to submit Customer Data and to send messages or place calls using the Services;
complying with telemarketing, do-not-call, and call-recording requirements (including obtaining all necessary consent before recording any call placed or received by the voice agent);
configuring access controls, roles, and integrations appropriately.

5. Acceptable use

You agree not to, and not to permit any third party to:

use the Services in violation of any law, regulation, or third-party right;
send spam, deceptive communications, or messages that violate CASL;
upload or transmit malware, viruses, or harmful code;
attempt to gain unauthorized access to the Services or other accounts;
reverse-engineer, decompile, or copy any part of the Services except as permitted by law;
resell, sublicense, or commercially exploit the Services without our written consent;
use the Services to develop a competing product;
use AI features to generate content that is illegal, defamatory, harassing, sexually exploitative of minors, or otherwise abusive;
circumvent any usage limit, rate limit, or technical restriction.

We may suspend or terminate access for breach of this Section.

6. AI features and voice agents

The Services include features that use machine learning and large language models. AI outputs may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing AI outputs before relying on or acting on them, and for ensuring that any appointments, leads, messages, or other actions taken by AI agents on your behalf are accurate and authorized. Voice calls may be recorded and transcribed; you must obtain the consent required by Part VI of the Criminal Code of Canada and applicable provincial law before recording any call.

7. Third-party services and integrations

The Services may integrate with third-party services such as Google, QuickBooks, Stripe, WordPress, and ElevenLabs. Your use of those services is governed by their terms. We are not responsible for, and disclaim all liability arising from, third-party services.

8. Intellectual property

We and our licensors own all right, title, and interest in and to the Services, including all software, content, trademarks, and documentation. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during your subscription term. Feedback you provide may be used by us without restriction or compensation.

9. Confidentiality

Each party agrees to protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information of like importance, and in no event less than reasonable care. Confidential information does not include information that is publicly available, rightfully received from a third party, or independently developed.

10. Suspension and termination

You may cancel your subscription at any time from your account settings; cancellation takes effect at the end of your current billing period. We may suspend or terminate your access immediately if you breach these Terms, if your account is more than 14 days overdue, or if continued provision of the Services would, in our reasonable view, expose us to legal or security risk. Upon termination, your right to use the Services ends, and we will delete Customer Data in accordance with our Privacy Policy and any data-retention schedule, subject to backup windows.

11. Warranty disclaimers

Except as expressly stated in these Terms and to the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that AI outputs will be accurate or appropriate for your use case.

12. Limitation of liability

To the maximum extent permitted by law, in no event will BizBudPro, its affiliates, or its suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to these Terms or the Services, whether based on contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

Our aggregate liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the amounts you paid to us for the Services in the 12 months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

13. Indemnification

You will defend, indemnify, and hold harmless BizBudPro and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Services, your breach of these Terms, or your violation of any law or third-party right.

14. Modifications to the Services and Terms

We may modify the Services from time to time, including adding, removing, or changing features. We may also update these Terms; if a change is material, we will provide notice (such as by email or an in-product notice) at least 30 days before it takes effect. Your continued use of the Services after the effective date of an updated version of these Terms constitutes your acceptance of the updated Terms.

15. Governing law and dispute resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, for the resolution of any dispute arising out of or related to these Terms or the Services, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Before commencing formal proceedings, the parties agree to attempt in good faith to resolve the dispute through negotiation for at least 30 days.

16. Consumer rights

Nothing in these Terms is intended to limit any non-waivable consumer rights you may have under the Business Practices and Consumer Protection Act (British Columbia) or other applicable consumer-protection law.

17. General

Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and BizBudPro regarding the Services and supersede any prior agreements.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Notices. We may give notices by email to the address on your account or by posting to the Services. Notices to us must be sent to legal@bizbudpro.com.
Language. The parties have requested that these Terms be drafted in English. Les parties ont demandé que ces conditions soient rédigées en anglais.

18. Contact

BizBudPro — Legal
Vancouver, British Columbia, Canada
Email: legal@bizbudpro.com