Terms of Service

1. Agreement to terms

By accessing or using the website, services, or messaging programs provided by Benzai ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, do not use our services.

2. Covered services

These terms apply to everything Benzai provides, including:

• The Benzai website (benzaiservices.com) and any booking, contact, or demo features on it
• AI receptionist, chatbot, speed-to-lead, and custom software systems we build and operate for clients
• Consulting, onboarding, and support delivered as part of a client engagement
• SMS/text messaging communications sent by or on behalf of Benzai

By using any of these, you agree to these terms.

3. Description of services

Benzai designs, builds, and operates AI systems for businesses: phone receptionists that answer and book calls, chat agents for websites and text lines, lead follow-up sequences, and custom builds that connect to a client's calendar, CRM, or other software. Deliverables, fees, and service levels for each client engagement are set out in a separate written agreement. SMS/text messaging supports the delivery of these services.

4. SMS/text messaging program

Benzai offers an SMS/text messaging program as part of our services. By opting in to receive text messages from Benzai, you agree to the following:

• Program description: messages may include appointment confirmations and reminders, call and conversation summaries, follow-ups to an enquiry you made, account and service updates, and replies to questions you send us. We do not send unsolicited marketing texts.
• Message frequency: varies based on your interaction with us and the services you use.
• Message and data rates may apply. Contact your mobile carrier for details about your plan and any charges.
• Opt-out: reply STOP to any message at any time. You will receive a one-time confirmation and no further texts unless you opt in again.
• Help: reply HELP to any message, email getbenzai@gmail.com, or call (562) 322-7763.
• Supported carriers: major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
• Consent is not a condition of purchase: you can buy any Benzai service without agreeing to receive text messages.

5. Carrier liability disclaimer

Benzai and mobile carriers (including but not limited to T-Mobile, AT&T, and Verizon) are not liable for delayed or undelivered messages. Delivery depends on transmission by your network operator and is outside our control. T-Mobile is not liable for delayed or undelivered messages.

6. Messages sent on behalf of clients

Some systems we build send texts or make calls on behalf of a client business, in that business's name. In those cases the client is the sender, the client's own terms and privacy policy apply to those messages, and the client is responsible for obtaining any consent the law requires from its own customers. STOP and HELP work the same way on every message we deliver.

7. Acceptable use

You agree not to use our services to:

• Violate any applicable law or regulation, including the TCPA and CAN-SPAM
• Send messages to people who have not consented to receive them
• Infringe the rights of others or transmit harmful, offensive, or illegal content
• Interfere with or disrupt our services or attempt unauthorised access to our systems

8. Intellectual property

The content, design, and software of the Benzai website are owned by Benzai and protected by copyright and trademark law. Ownership of systems built for a client is set out in that client's agreement. You may not reproduce, distribute, or create derivative works of our content without written permission.

9. Payment terms

Fees for client engagements are stated in the written agreement for that engagement. Unless that agreement says otherwise, fees are non-refundable once work has started. We may change pricing for future work at any time; changes do not affect agreements already signed.

10. Disclaimer of warranties

Our services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that our services will be uninterrupted or error-free, or that any AI system will answer every call or message correctly.

11. Limitation of liability

To the maximum extent permitted by law, Benzai is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising from your use of our services. This includes damages arising from the use or inability to use our SMS/text messaging services, delayed or undelivered messages, or errors in message content.

12. Age restriction

You must be at least 18 years old to use our services, including the SMS/text messaging program. If we learn we have collected information from a person under 18, we will delete it promptly.

13. Privacy

Your use of our services is also governed by our Privacy Policy at benzaiservices.com/privacy, which explains how we collect, use, and protect your information, including information related to the SMS program.

14. Termination

We may suspend or end your access to our services without notice if you breach these terms. Termination of a client engagement is governed by that engagement's agreement.

15. Changes to these terms

We may update these terms. If a change is material, we will give at least 30 days' notice before it takes effect. Continued use after a change means you accept the new terms.

16. Governing law

These terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

17. Contact

Questions about these terms or the SMS program:

• Email: getbenzai@gmail.com
• Phone: (562) 322-7763
• SMS support: reply HELP to any text message