Terms and Conditions

Please read these terms carefully before using Biz365.ai services

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using the Biz365.ai platform (Service), you (Customer, you, or your) agree to these Terms and all incorporated policies. If you accept on behalf of a business, you confirm you have authority to bind that entity.

2. SERVICE DESCRIPTION

Biz365.ai provides software-as-a-service for local businesses, including QR/NFC engagement, review collection and management, SMS and email automation, loyalty programs, multi-location tools, role-based access, analytics, and AI-assisted content. Features and limits are per your subscription plan.

3. LICENSE AND RESTRICTIONS

3.1 License Grant:

Non-exclusive, non-transferable, revocable license to use the Service during your subscription term for internal business purposes only.

3.2 Restrictions:

You may not:

  • Reverse engineer, decompile, or extract source code
  • Resell, rent, lease, or sublicense the Service
  • Use the Service for competitive analysis or development
  • Build competing products or services using the Service
  • Exceed subscription plan limits or fair use parameters
  • Violate applicable laws or third-party rights
  • Transmit malware, viruses, or harmful code
  • Gain unauthorized access to systems or networks
  • Interfere with security measures or system integrity

4. ACCOUNTS AND AUTHORIZED USERS

You are responsible for account credentials, security, and all actions by authorized users, staff, and contractors. You must maintain accurate contact information, billing details, and comply with all legal notice requirements. Unauthorized account access must be reported immediately.

5. CUSTOMER DATA, PRIVACY, AND SECURITY

5.1 Data Ownership:

You retain ownership of all Customer Data. You grant Biz365.ai a limited license to process Customer Data solely to provide the Service, ensure security, provide support, make improvements, and comply with legal obligations.

5.2 Privacy Rights:

Our processing is governed by the Privacy Policy and Data Processing Agreement (DPA). We honor consumer privacy rights including:

  • California (CCPA): Right to know, delete, correct, opt-out of sale/sharing, and non-discrimination
  • Virginia, Colorado, Connecticut, Utah: Similar access, deletion, correction, and opt-out rights
  • GDPR (EU residents): Data portability, objection to processing, supervisory authority complaints
  • Global Privacy Control (GPC): Automatic recognition and processing of opt-out signals

5.3 Security Measures:

We maintain SOC 2 Type II compliance with technical and organizational safeguards including:

  • Encryption of data in transit (TLS 1.2+) and at rest (AES-256)
  • Multi-factor authentication (MFA) available for all users
  • Role-based access controls (RBAC) for data and feature access
  • Regular vulnerability scanning and penetration testing
  • Security incident response plan with 24-hour notification
  • Employee security training and background checks

5.4 Data Location and International Transfers:

Data is primarily stored in U.S.-based SOC 2 Type II certified data centers. International transfers are governed by Standard Contractual Clauses (SCCs) and appropriate safeguards.

5.5 Data Retention and Deletion:

We retain Customer Data during subscription and 90 days post-termination for recovery. Upon request or after 90 days, data is securely deleted per industry standards (NIST 800-88). Backups may persist up to 120 days.

6. AI FEATURES AND CONTENT

AI-generated content may contain errors, biases, or inaccuracies. You are responsible for:

  • Reviewing and approving all AI outputs before use
  • Verifying facts and claims in AI-generated material
  • Ensuring compliance with truth-in-advertising standards
  • Not relying solely on AI for legal, medical, or financial advice
  • Ensuring lawful use and compliance with applicable regulations
  • Monitoring AI outputs for inappropriate content or bias

7. COMMUNICATIONS COMPLIANCE

7.1 Email Marketing (CAN-SPAM Act):

Commercial emails must include:

  • Accurate sender information and truthful subject lines
  • Clear identification as advertisement where applicable
  • Valid physical business address
  • Functional unsubscribe mechanism in every email
  • Unsubscribe processing within 10 business days
  • Maintenance of suppression lists for minimum 30 days

7.2 SMS Marketing (TCPA Compliance):

Marketing texts require:

  • Prior Express Written Consent (PEWC) from recipients
  • Clear sender identification and opt-out instructions
  • Honor of STOP, UNSUBSCRIBE, CANCEL keywords
  • Respect for quiet hours (8 AM - 9 PM recipient local time)
  • Processing of opt-outs within 10 business days maximum
  • Maintenance of do-not-call and suppression lists
  • U.S. A2P 10DLC registration and campaign compliance

7.3 Sender Responsibility:

You are solely responsible for obtaining proper consent, maintaining accurate suppression lists, and complying with all applicable telecommunications and marketing laws. Violations may result in immediate account suspension.

8. REVIEWS, INCENTIVES, AND LOYALTY PROGRAMS

Review campaigns must comply with platform policies (Google, Yelp, Facebook). Incentives must be disclosed and comply with FTC guidelines. Loyalty programs subject to state-specific unclaimed property laws.

9. QR/NFC TECHNOLOGY AND ACCESSIBILITY

QR codes and NFC tags must remain functional and direct to appropriate content. Links must be accessible and comply with accessibility standards where applicable.

10. ACCEPTABLE USE AND PROHIBITED ACTIVITIES

Prohibited activities include:

  • Spam, phishing, or fraudulent communications
  • Harassment, threats, or abusive content
  • Illegal content or activities

11. THIRD-PARTY SERVICES AND SUBPROCESSORS

We use subprocessors for service delivery including cloud hosting, email/SMS providers, and payment processors. Current subprocessor list available upon request.

12. FEES, TAXES, AND PAYMENT

Subscription fees billed in advance. Automatic renewal unless cancelled. Usage-based fees for SMS/email credits. You are responsible for applicable taxes. Price changes with 30-day notice.

13. TERM, SUSPENSION, AND TERMINATION

Either party may terminate with notice per subscription terms. We may suspend service for non-payment or Terms violations. Upon termination, 90-day data export window provided before secure deletion.

14. SERVICE LEVELS AND AVAILABILITY

We target 99.9% uptime excluding scheduled maintenance. Planned maintenance with advance notice. Service credits for extended outages per SLA terms.

15. INTELLECTUAL PROPERTY

We retain all rights to the Service, platform, and underlying technology. You retain rights to Customer Data and content you create. Limited license granted for service delivery only.

16. WARRANTIES AND DISCLAIMERS

Service provided AS IS with no warranties beyond those expressly stated. We do not guarantee uninterrupted or error-free operation. You warrant authority to use Customer Data and compliance with applicable laws.

17. INDEMNIFICATION

You agree to indemnify Biz365.ai against claims arising from your use of the Service, Customer Data, or violation of these Terms or applicable laws.

18. LIMITATION OF LIABILITY

Total liability limited to fees paid in prior 12 months. No liability for indirect, consequential, or punitive damages. Exceptions for gross negligence, willful misconduct, and indemnification obligations.

19. DISPUTE RESOLUTION

Disputes resolved through binding arbitration in Pennsylvania under AAA Commercial Rules. Class action waiver applies. 30-day informal resolution period required before arbitration.

20. FORCE MAJEURE

Neither party liable for delays or failures due to circumstances beyond reasonable control including natural disasters, acts of war, terrorism, pandemics, or government actions.

21. GENERAL PROVISIONS

These Terms governed by Pennsylvania law. Entire agreement between parties. Modifications require written consent. Severability and waiver provisions apply. Assignment restrictions apply.

Contact Information

Legal Matters

support@biz365.ai

Privacy Requests

support@biz365.ai

Mailing Address

5001 Pendleton Way
Cranberry Twp, PA 16066

For Privacy Policy, visit: Privacy Policy