Terms of Service

1. Agreement to Terms

By accessing or using any services provided by ByteFlowAI LLC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and ByteFlowAI LLC. By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

2. Description of Services

ByteFlowAI LLC provides AI automation consulting and implementation services, including but not limited to:

• Lead nurture and customer response automation systems
• Voice agent implementation and integration
• Document generation and workflow automation
• Appointment scheduling and CRM integration systems
• AI-powered business process optimization
• Automation opportunity assessments and audits

Specific deliverables, timelines, and scope are outlined in individual service agreements, statements of work, or project proposals executed between the parties.

3. Free Audit & Assessment Services

ByteFlowAI LLC may offer complimentary Automation Opportunity Assessments ("Free Audit") to prospective clients. You acknowledge and agree that:

• Free Audits are provided solely for informational and educational purposes
• No guaranteed results, outcomes, or return on investment are expressed or implied
• Free Audits do not constitute professional advice and should not be relied upon as such
• Recommendations provided are based on information you supply and may not account for all relevant factors
• Participation in a Free Audit does not create any obligation to purchase services

4. Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide accurate, complete, and timely information as reasonably requested
• Grant necessary access to systems, platforms, and tools required for implementation
• Designate a primary point of contact with decision-making authority
• Respond to communications and approval requests within reasonable timeframes
• Ensure compliance with all applicable laws and regulations in your industry
• Maintain appropriate backups of your data prior to any system modifications

Failure to meet these responsibilities may result in project delays, additional costs, or inability to complete agreed-upon deliverables.

5. Payment Terms

5.1 Fees and Billing

• Setup fees and project-based fees are due in full before work begins, unless otherwise specified in a written agreement
• For ongoing services, monthly fees are billed at the start of each billing period
• We accept payment via credit card, ACH bank transfer, and wire transfer
• All fees are quoted in United States Dollars (USD)

5.2 Late Payments

Invoices not paid within thirty (30) days of the due date may be subject to a late payment fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services until all outstanding balances are paid in full.

5.3 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities. Our fees are exclusive of taxes unless otherwise stated.

6. Cancellation and Refund Policy

6.1 Project-Based Services

• Setup fees are non-refundable once work has commenced
• If you cancel a project after work has begun, you are responsible for payment of all work completed through the date of cancellation
• Cancellation requests must be submitted in writing

6.2 Ongoing Services and Retainers

• A minimum of thirty (30) days written notice is required to cancel ongoing services
• Monthly fees are non-refundable for the current billing period
• Prepaid retainer balances may be applied to outstanding invoices or future services as mutually agreed

6.3 Termination by Company

We reserve the right to terminate services immediately if you breach these Terms, engage in illegal activities, fail to make timely payments, or engage in conduct that is harmful to our reputation or business interests.

7. Intellectual Property Rights

7.1 Company Materials

ByteFlowAI LLC retains all rights, title, and interest in and to our proprietary methodologies, templates, frameworks, processes, tools, know-how, and pre-existing intellectual property ("Company Materials"). Nothing in these Terms transfers ownership of Company Materials to you.

7.2 Client Deliverables

Upon full payment of all fees, you will own the specific implementations, customized workflows, and deliverables created specifically for you ("Client Deliverables"). We retain the right to reuse generic logic patterns, sub-workflows, templates, and non-confidential learnings for other clients.

7.3 Client Materials

You retain all rights to your data, content, and materials provided to us ("Client Materials"). You grant us a limited, non-exclusive license to use Client Materials solely for the purpose of providing services under these Terms.

7.4 Third-Party Components

Our services may incorporate third-party software, APIs, or platforms (e.g., n8n, HubSpot, Claude AI) that are subject to their own license terms. You are responsible for complying with all applicable third-party terms of service.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the course of engagement. "Confidential Information" includes business strategies, customer data, technical specifications, pricing information, and any information marked as confidential.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law.

Confidentiality obligations shall survive termination of services for a period of three (3) years.

9. Data Protection and Privacy

9.1 Data Handling

We implement industry-standard security measures to protect data processed during service delivery. However, you acknowledge that no method of electronic transmission or storage is 100% secure.

9.2 Client Data Ownership

You retain full ownership and control of your data. We will not sell, share, or use your data for any purpose other than providing contracted services without your explicit consent.

9.3 AI Output Disclaimer

AI-generated outputs may contain errors or inaccuracies. You are responsible for reviewing and validating all AI outputs before use in business operations. Automated decisions should not be made solely based on AI output without appropriate human review.

9.4 Compliance

You are responsible for ensuring your use of our services complies with all applicable data protection laws, including but not limited to GDPR, CCPA, and industry-specific regulations. If you require a Data Processing Agreement (DPA), please contact us.

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. If services fail to meet this standard, your exclusive remedy is for us to re-perform the deficient services at no additional cost, provided you notify us in writing within thirty (30) days of delivery.

10.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.3 No Guarantee of Results

We do not guarantee specific business outcomes, revenue increases, cost savings, or return on investment. Any projections, estimates, or examples provided are for illustrative purposes only and do not constitute guarantees of future results.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BYTEFLOWAI LLC, ITS MEMBERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

11.3 Exceptions

The limitations in this section do not apply to: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; (c) your payment obligations; or (d) any liability that cannot be excluded by applicable law.

12. Indemnification

12.1 Client Indemnification

You agree to indemnify, defend, and hold harmless ByteFlowAI LLC and its members, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your use of services in a manner not authorized by these Terms
• Any claim that Client Materials infringe third-party intellectual property rights
• Any third-party claims resulting from your business operations or use of deliverables

12.2 Company Indemnification

We will indemnify you against third-party claims alleging that our Company Materials, as delivered, directly infringe valid intellectual property rights, provided you: (a) promptly notify us in writing; (b) grant us sole control of the defense and settlement; and (c) provide reasonable assistance at our expense.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt in good faith to resolve any dispute through informal negotiations for a period of thirty (30) days after written notice of the dispute.

13.2 Binding Arbitration

Any dispute not resolved through informal negotiations shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Franklin County, Ohio, or another mutually agreed location.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.4 Small Claims Exception

Either party may bring qualifying claims in small claims court.

14. Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. The parties consent to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio for any matters not subject to arbitration.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or pandemics, strikes, or failures of third-party telecommunications or power supply.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or posted on our website at least thirty (30) days before becoming effective. Continued use of our services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to modified Terms, you may terminate services as provided herein.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

18. Entire Agreement

These Terms, together with any service agreements, statements of work, and policies referenced herein, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No modification or waiver of these Terms shall be effective unless in writing and signed by both parties.

19. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

20. Waiver

No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver thereof. A waiver on one occasion shall not operate as a waiver of any other occasion.

21. Notice

All notices required or permitted under these Terms shall be in writing and delivered by email, certified mail, or reputable overnight courier to the addresses provided by the parties. Notices are deemed received upon confirmed delivery.

22. Contact Information

For questions about these Terms or our services, please contact us: