Terms of Service
Last updated: January 6, 2025
1. Introduction & Acceptance
Welcome to Bizily AI, a product of Agentica, LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Bizily AI platform, including our website, applications, APIs, and related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
Bizily AI is a SaaS platform designed for small service businesses such as salons, spas, clinics, and similar establishments. Our platform provides:
- AI-powered customer messaging and automated responses
- Booking and appointment management
- Customer relationship management (CRM)
- Integration with messaging platforms (Instagram, Facebook Messenger, LINE, WhatsApp, SMS)
- Knowledge base management for AI-powered responses
- Team management and scheduling
- Analytics and business insights
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:
- Maintain the security of your password and account
- Notify us immediately of any unauthorized access or security breach
- Not share your account credentials with others
- Not create multiple accounts for the same business
3.3 Age Requirement
You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you are at least 18 years of age.
4. Business Accounts & Responsibilities
4.1 Business Information
If you create a business account, you represent and warrant that:
- You are authorized to act on behalf of the business
- All business information you provide is accurate and complete
- Your business operates in compliance with all applicable laws
- You have the right to use any trademarks, logos, or branding you upload
4.2 Customer Data
As a business using our CRM features, you are responsible for:
- Obtaining appropriate consent from your customers to store their data
- Complying with privacy laws applicable to your business (GDPR, CCPA, etc.)
- Responding to customer data requests in a timely manner
- Not uploading sensitive personal data without proper safeguards
4.3 Team Members
You may invite team members to access your business account. You are responsible for the actions of your team members and for ensuring they comply with these Terms.
5. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Send spam, unsolicited messages, or promotional content without consent
- Harass, abuse, threaten, or intimidate any person
- Impersonate any person or entity or misrepresent your affiliation
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems or other users' accounts
- Scrape, crawl, or use automated means to access the Service without permission
- Circumvent or manipulate our billing, metering, or usage tracking
- Use the AI features to generate harmful, illegal, or misleading content
- Resell or redistribute the Service without authorization
6. AI & Automated Services
6.1 AI-Powered Features
The Service includes AI-powered features such as automated message responses, customer insights, and content generation. You acknowledge that:
- AI-generated responses may not always be accurate or appropriate
- You are responsible for reviewing and monitoring AI-generated content
- AI features are tools to assist, not replace, human judgment
- We may use third-party AI services (such as OpenAI) to power these features
6.2 Disclosure to Customers
When using automated messaging features, you agree to:
- Disclose to your customers that they may be interacting with AI
- Provide a way for customers to request human assistance
- Not use AI to deceive customers about the nature of their interaction
6.3 AI Limitations
AI features are provided "as is" and may have limitations. We do not guarantee the accuracy, completeness, or suitability of AI-generated content for any particular purpose. You should not rely solely on AI for critical business decisions.
7. Platform Integrations
7.1 Third-Party Platforms
The Service integrates with third-party platforms including Meta (Instagram, Facebook), LINE, and others. When you connect these platforms:
- You must comply with each platform's terms of service and policies
- You authorize us to access data from these platforms as described in our Privacy Policy
- Platform features may be limited by third-party API restrictions
- Third-party platform availability is outside our control
7.2 Meta Platform Compliance
When using Instagram or Facebook Messenger integrations, you must comply with Meta's Platform Terms, Messaging Policies, and Developer Data Use Policy. This includes respecting the 24-hour messaging window and not sending promotional content outside permitted use cases.
8. Intellectual Property
8.1 Our Intellectual Property
The Service, including its design, features, and content (excluding user content), is owned by Agentica, LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our intellectual property without our written consent.
BIZILY is a trademark of Agentica, LLC, pending registration with the United States Patent and Trademark Office (USPTO Application No. 99/570,309, Class 042 - Artificial Intelligence as a Service).
8.2 Your Content
You retain ownership of content you upload to the Service. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display that content solely to provide and improve the Service.
8.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.
9. Payment Terms
9.1 Subscription Plans
The Service is offered through various subscription plans, including free and paid tiers. Paid plans are billed on a recurring basis (monthly or annually) as specified at the time of purchase.
9.2 Payment Processing
Payments are processed through our third-party payment processor (Stripe). By providing payment information, you authorize us to charge your payment method for all fees due. You are responsible for keeping your payment information current.
9.3 Cancellation & Refunds
You may cancel your subscription at any time through your account settings. Upon cancellation:
- Your subscription will remain active until the end of the current billing period
- No prorated refunds are provided for partial billing periods
- You may continue to access the Service until your subscription expires
- Your data will be retained according to our data retention policy
9.4 Price Changes
We may change our pricing at any time. Price changes will be communicated in advance and will take effect at the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Warranties of merchantability and fitness for a particular purpose
- Warranties that the Service will be uninterrupted, secure, or error-free
- Warranties regarding the accuracy or reliability of AI-generated content
- Warranties regarding third-party platform availability or functionality
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTICA, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Agentica, LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) content you upload to the Service.
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will immediately cease.
13.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, including if we reasonably believe:
- You have violated these Terms
- Your use of the Service poses a security risk
- Your account has been inactive for an extended period
- We are required to do so by law
13.3 Effect of Termination
Upon termination, provisions of these Terms that by their nature should survive will remain in effect, including intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.
14. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also send you an email notification.
Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.
15. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Agentica, LLC regarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
17. Contact Us
If you have any questions about these Terms of Service, please contact us:
Agentica, LLC
Email: contact@bizily.ai