Terms of Service

1. Acceptance of These Terms

By creating an account, signing or electronically accepting an Order Form, clicking “I agree” (or a similar button), downloading or using the App, calling or texting one of our demo lines, or otherwise accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Services.

These Terms also govern your use of our public website at https://bookingbutler.ai (the “Site”), including any forms, calculators, demo phone numbers, and chat widgets made available on it.

If you and Booking Butler have executed an Order Form or other written agreement that expressly references these Terms, that document is part of this agreement. In the event of a conflict, the following order of precedence applies: (a) the Order Form; (b) these Terms; and (c) the Documentation.

2. Definitions

• “AI Agents” means the artificial-intelligence powered voice, SMS, and chat assistants made available through the Platform that communicate with End Users on your behalf.
• “App” means the Booking Butler mobile application for iOS, Android, or other platforms, including all updates and upgrades.
• “Authorized User” means an employee, contractor, or agent of Customer whom Customer permits to access the Services under Customer’s account.
• “Customer Data” means all data, content, instructions, business information, call and message content, recordings, transcripts, and other materials submitted to or generated within the Services by or on behalf of Customer or its End Users.
• “Documentation” means the user guides, help articles, and technical materials we make available for the Services, as updated from time to time.
• “End User” means any person who interacts with the AI Agents or other Customer-facing features of the Services, including Customer’s prospects, clients, and callers.
• “Order Form” means any ordering document, checkout page, proposal, pilot-program enrollment, or written offer (including by email) that describes the Services purchased, the applicable fees, and any promotional terms.
• “Platform” means our hosted software, dashboards, administrative tools, APIs, widgets, telephony and messaging infrastructure, and related technology.
• “Services” means, collectively, the Site, the Platform, the AI Agents, the App, the Documentation, any managed-setup or professional services we provide, and any related support.
• “Third-Party Services” means products, services, networks, and platforms not owned or controlled by us, including calendar and CRM systems, payment processors, telecommunications carriers, and mobile app stores.

3. Eligibility and Authority

The Services are designed for use by businesses and professionals. By using the Services you represent and warrant that: (a) you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract; (b) if you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind that entity, in which case “Customer,” “you,” and “your” refer to that entity; (c) you are not located in, and are not a resident or national of, a country or region subject to comprehensive U.S. sanctions, and you are not on any U.S. government list of prohibited or restricted parties; and (d) your use of the Services will comply with all applicable laws and these Terms.

4. The Services

4.1 Overview

Booking Butler provides AI-powered appointment booking and lead response tools. Depending on your plan, the Services may include AI Agents that answer inbound phone calls, respond to text messages and web chats, qualify leads, collect information, schedule, reschedule, and cancel appointments, send reminders and follow-ups, and hand off conversations to your team; a dashboard for reviewing conversations, calendars, and analytics; integrations with Third-Party Services; the App; and managed setup and configuration performed by our team.

4.2 Demo lines and evaluation features

We may publish demonstration phone numbers, chat widgets, and sample AI Agents on the Site so you can experience the Services before purchasing. Demo interactions are for evaluation only, do not create a customer relationship or any appointment, quote, or service commitment, and may be recorded, transcribed, and reviewed by us to improve the Services. Do not share sensitive personal information (such as payment card numbers, government identification numbers, or health information) with a demo line.

4.3 Managed setup and professional services

Where your Order Form includes managed setup, we will configure your AI Agents based on the information you provide (for example, your business hours, services, pricing, service area, scheduling rules, and preferred tone). You are responsible for the accuracy and completeness of that information and for reviewing and approving the configuration before it goes live. We may reasonably rely on your instructions and approvals.

4.4 Beta and pre-release features

We may offer features identified as beta, pilot, preview, early access, or similar (“Beta Features”). Beta Features are provided for evaluation purposes, may be modified or discontinued at any time, may contain bugs or errors, and are provided “AS IS” without any warranty, support commitment, or liability of any kind, notwithstanding anything to the contrary in these Terms.

4.5 Modifications

We continually improve the Services and may add, change, or remove features or functionality, provided that we will not materially decrease the core functionality of the Services you have paid for during your then-current subscription term without giving you notice and the option to terminate and receive a pro-rated refund of prepaid, unused fees.

5. Accounts and Security

To use most features of the Services you must create an account. You agree to provide accurate, current, and complete information when registering and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials, API keys, and any devices used to access the Services, and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at support@bookingbutler.ai if you become aware of any unauthorized use of your account or any other breach of security.

You may permit Authorized Users to access the Services under your account, subject to any user limits in your plan. You are responsible for your Authorized Users’ compliance with these Terms. Accounts may not be shared with, transferred to, or used on behalf of any third party without our prior written consent. We reserve the right to require identity or business verification, and to reclaim usernames, subdomains, or phone numbers that are inactive or that we reasonably determine are being used improperly.

6. Pilot Program, Subscriptions, Fees, and Payment

6.1 Plans and pricing

Fees for the Services are described on the Site at the time of purchase or in your Order Form. Unless otherwise stated in an Order Form, subscriptions are billed monthly in advance, are quoted and payable in U.S. dollars, and are exclusive of applicable taxes. One-time setup fees, where applicable, are due at the start of service and are non-refundable once setup work has begun.

6.2 Pilot Program, free setup, and revenue guarantee

From time to time we may offer a limited-availability pilot program or other promotion that includes benefits such as complimentary setup, deferred or waived subscription fees, or a revenue guarantee (a “Promotion”). The specific terms of any Promotion, including eligibility requirements, the number of available spots, the duration of the evaluation period, how qualifying revenue or results are measured, any conditions you must satisfy (such as keeping the AI Agents active and connected to your phone lines and calendar), and what happens at the end of the evaluation period, are set out in your Order Form or the written offer presented to you at enrollment, which forms part of these Terms. Promotions are subject to availability, may be modified or withdrawn for new enrollments at any time, are limited to one per Customer unless stated otherwise, and cannot be combined with other offers. Where a Promotion provides that fees are waived until the Services generate results, you agree that your subscription fees will commence, and be charged automatically, once the conditions described in the Promotion are met.

6.3 Payment and automatic renewal

We use third-party payment processors (currently Stripe) to bill you. By providing a payment method, you authorize us and our processors to charge that payment method for all fees when due, including recurring subscription charges, usage-based charges, and applicable taxes. Your subscription will automatically renew for successive periods equal to your then-current billing period (for example, month to month) unless you cancel before the end of the current period. You may cancel at any time through the Platform or by emailing support@bookingbutler.ai. Cancellation takes effect at the end of the billing period in which you cancel; you will retain access through the end of that period.

6.4 Usage-based charges

Certain features consume metered resources such as voice minutes, SMS/MMS segments, phone number rentals, carrier pass-through fees, and AI processing. Your plan may include an allowance of such resources; usage beyond the allowance, or usage of resources not included in your plan, will be charged at the rates in your Order Form or published on the Site and billed in arrears. We may require a prepaid balance or spending limit for usage-based features.

6.5 Refunds

Except as expressly provided in these Terms, in an Order Form, or as required by applicable law, all fees are non-cancellable and non-refundable, and we do not provide refunds or credits for partial billing periods, unused services, downgrades, or periods during which your account was suspended for breach.

6.6 Taxes

You are responsible for all sales, use, value-added, withholding, and similar taxes, duties, and charges associated with your purchase, other than taxes based on our net income. If you are tax-exempt, you must provide a valid exemption certificate.

6.7 Late payment and disputes

Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs. If a payment fails or is past due, we may suspend or limit the Services after providing notice, and your AI Agents may stop answering calls and messages until payment is made. You must notify us in writing of any good-faith billing dispute within thirty (30) days of the invoice or charge date; undisputed amounts remain payable. Initiating a chargeback for a valid charge instead of contacting us may result in suspension of your account.

6.8 Price changes

We may change our prices or introduce new fees by giving you at least thirty (30) days’ notice by email or through the Platform. Changes take effect at the start of your next billing period after the notice period. If you do not agree to a price change, you may cancel before it takes effect.

7. Your Responsibilities; Calling, Texting, and Recording Compliance

The Services allow you to place and receive calls and send and receive messages with End Users through AI Agents. You, not Booking Butler, are the caller, sender, and initiator of all communications made through your account, and you are solely responsible for ensuring that those communications comply with all applicable laws, regulations, and industry standards. We provide the technology; we do not select recipients, determine message content or timing, or control your business practices. Without limiting the foregoing, you agree to comply with the following.

7.1 Consent for calls and text messages

Before using the Services to call or text any person, you must obtain and maintain records of all consents required by applicable law, including where required the prior express consent or prior express written consent of the recipient to receive calls or texts made using an automatic telephone dialing system, an artificial or prerecorded voice, or AI-generated voice, as required by the U.S. Telephone Consumer Protection Act (TCPA) and its implementing regulations, the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, state telemarketing and “mini-TCPA” statutes (such as those in Florida, Oklahoma, Washington, and Maryland), the Canadian Anti-Spam Legislation (CASL) where applicable, and any similar laws in the jurisdictions where your End Users are located. You must honor opt-out requests (including “STOP” and similar keywords) promptly, maintain and scrub against internal and national do-not-call lists, observe permitted calling hours and frequency limits, and provide any identification, disclosures, and opt-out instructions required by law.

7.2 Messaging registration and carrier rules

Application-to-person messaging is subject to registration requirements and content guidelines imposed by mobile carriers and industry bodies (for example, 10DLC brand and campaign registration and the CTIA Messaging Principles and Best Practices). You agree to provide accurate registration information when requested, to use messaging only for the use cases you registered, and to comply with all carrier and industry rules. Carriers may filter or block messages, and we are not responsible for messages that are delayed, filtered, or undelivered.

7.3 Call recording and transcription

The Services may record and transcribe calls and conversations. Many jurisdictions require that all parties to a communication consent to recording or monitoring (for example, California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, and Washington). You are solely responsible for determining whether recording or transcription is lawful for your End Users, for enabling any required notices or announcements, and for obtaining any required consents. You must not disable or alter recording disclosures that we configure to satisfy legal requirements.

7.4 Disclosure of AI interactions

A growing number of laws require that people be told when they are interacting with an automated or AI system (for example, California Business and Professions Code § 17940 et seq. and the Utah Artificial Intelligence Policy Act), and require that calls using AI-generated voices be disclosed as such. You agree to comply with all such laws, to keep any AI disclosures that we build into the AI Agents enabled where required, and not to configure or instruct the AI Agents to claim to be human, deny being an AI, or impersonate any specific person.

7.5 Regulated industries and sensitive data

You must not use the Services to collect, store, or transmit protected health information under HIPAA, payment card data subject to PCI DSS, government-issued identification numbers, financial account credentials, biometric identifiers, or other categories of sensitive personal information unless we have expressly agreed in writing (for example, by executing a Business Associate Agreement) and the relevant feature has been enabled for your account. If you operate in a regulated industry, you are responsible for ensuring that your use of the Services satisfies your regulatory obligations.

7.6 Business information and End User relationships

You are responsible for the accuracy of the business information, offers, pricing, availability, service descriptions, and instructions you provide to the AI Agents, and for all quotes, appointments, and commitments communicated to End Users through your account. Your relationship with your End Users, including the delivery of any goods or services booked through the Services, is solely between you and them.

8. AI-Generated Content and Service Limitations

8.1 Nature of AI output

The AI Agents use large language models and speech technologies that are probabilistic in nature. AI-generated responses may be inaccurate, incomplete, out of date, or inappropriate, may misunderstand an End User, may fail to book or may incorrectly book, modify, or cancel an appointment, and may behave differently in similar situations. You acknowledge these limitations and agree that you are responsible for reviewing AI output, monitoring conversations, verifying appointments and information collected from End Users, maintaining a reasonable human fallback, and exercising independent business judgment. You should not rely on the AI Agents as the sole means of handling communications that are critical to your business.

8.2 No emergency services

The Services are not an emergency service and do not connect to 911, E911, or any emergency dispatch service. The AI Agents cannot dispatch emergency responders, assess life-threatening situations, or provide emergency assistance. If your business receives urgent or emergency requests (for example, home-service emergencies), you are responsible for maintaining appropriate human escalation paths and for instructing End Users to contact emergency services directly when there is a risk to life, health, or property.

8.3 No professional advice

Output from the Services does not constitute legal, medical, financial, insurance, tax, or other professional advice, and revenue estimates, ROI calculators, and similar tools on the Site are illustrative only and not guarantees of results.

8.4 Availability

We strive to keep the Services available around the clock, but the Services depend on telecommunications carriers, cloud providers, AI model providers, and other Third-Party Services that we do not control. The Services may be unavailable or degraded due to maintenance, outages, carrier issues, or events beyond our reasonable control. Any uptime commitments apply only if set out in your Order Form.

8.5 Service improvement

We may use information about how the Services are used, including Customer Data that has been de-identified and aggregated so that it does not identify you or any End User, to operate, secure, analyze, and improve the Services.

9. Acceptable Use Policy

You agree that you will not, and will not permit anyone else to:

• use the Services in violation of any applicable law or regulation, or to send unsolicited, deceptive, fraudulent, or harassing communications;
• spoof, falsify, or misrepresent caller ID, sender information, your identity, or your affiliation with any person or organization;
• use the Services to make emergency calls, or for any purpose where failure or error of the Services could lead to death, personal injury, or severe physical or environmental damage;
• upload or transmit content that is unlawful, defamatory, obscene, infringing, or that violates the privacy or publicity rights of any person, or that contains malware or malicious code;
• collect or process personal information of children under the age of thirteen (13), or knowingly direct communications to them;
• reverse engineer, decompile, disassemble, or attempt to derive the source code, models, prompts, or underlying components of the Services, except to the extent that applicable law prohibits this restriction;
• copy, modify, frame, scrape, or create derivative works of the Services, or access the Services by automated means other than through interfaces we provide for that purpose;
• interfere with or disrupt the integrity or performance of the Services, probe or test their vulnerability without authorization, or circumvent any usage limits, security measures, or access controls;
• resell, sublicense, rent, lease, or otherwise make the Services available to third parties (other than End Users interacting with your AI Agents) without our written authorization;
• use the Services to build, train, or benchmark a competing product or service; or
• attempt to manipulate the AI Agents to act outside their intended purpose, to produce harmful content, or to disclose other customers’ information or our confidential system instructions.

We may, but are not obligated to, monitor use of the Services for compliance with these Terms, and we may remove content or suspend access that we reasonably believe violates them.

10. Customer Data, End User Data, and Privacy

10.1 Ownership and license

As between you and us, you own all right, title, and interest in Customer Data. You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and otherwise use Customer Data as necessary to provide, maintain, secure, and improve the Services, to comply with law, and as otherwise permitted by these Terms and our Privacy Policy. You represent and warrant that you have all rights, consents, and notices necessary to provide Customer Data to us and to allow us to use it as described.

10.2 End User data and privacy roles

When the AI Agents interact with your End Users, we process End Users’ personal information on your behalf and at your direction as your service provider or processor, and you are the business or controller responsible for that information. You are responsible for providing End Users with any privacy notices, and for obtaining any consents, required by applicable law in connection with your use of the Services. We will process End User personal information only to provide the Services, as permitted by these Terms, and as required by law, and we will not sell it or share it for cross-context behavioral advertising. Our own collection and use of personal information from visitors to the Site, from Customers, and from Authorized Users is described in our Privacy Policy.

10.3 Security

We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, loss, or alteration. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for securing your own systems, credentials, devices, and integrations.

10.4 Retention, export, and deletion

We retain Customer Data for as long as your account is active and as needed to provide the Services, resolve disputes, and comply with legal obligations. Upon written request made within thirty (30) days after termination of your subscription, we will make available for export the Customer Data then held in the Platform in a commonly used format. After that period we may delete or de-identify Customer Data in the ordinary course, except where retention is required by law or for our legitimate business records. You may request deletion of your account at any time from within the App or through our account deletion page.

10.5 Legal requests

We may disclose Customer Data if required to do so by law, subpoena, court order, or governmental request, or if we believe in good faith that disclosure is necessary to protect our rights, the safety of any person, or the integrity of the Services. Where legally permitted, we will make reasonable efforts to notify you of such a request.

11. Third-Party Services and Integrations

The Services interoperate with Third-Party Services such as calendars, CRM and field-service software, payment processors, telecommunications carriers, AI model providers, and mobile app stores. Your use of any Third-Party Service is governed by that provider’s own terms and privacy policy, and you are responsible for complying with them. By connecting a Third-Party Service to your account, you authorize us to exchange data with it as necessary to provide the requested functionality. We do not control, and are not responsible for, Third-Party Services, their availability, security, or data practices, or any loss or damage arising from them. A Third-Party Service may change or withdraw its interoperability with the Services at any time, and we may discontinue an integration in response.

12. Mobile Application Terms

12.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on mobile devices that you own or control, solely for your internal business use of the Services. The App is licensed, not sold. Your mobile carrier’s standard data and messaging rates may apply, and the App may automatically download and install updates.

12.2 App store terms

If you obtained the App from the Apple App Store, Google Play, or another app marketplace (each an “App Store”), you acknowledge that these Terms are between you and us only, and not with the App Store provider, and that we, not the App Store provider, are solely responsible for the App and its content. Your use of the App must also comply with the App Store provider’s usage rules and terms of service. To the extent the App Store provider’s terms are more restrictive than or conflict with these Terms, the App Store provider’s terms control with respect to your use of the App obtained from that App Store.

12.3 Additional terms for Apple devices

The following applies to any App obtained from the Apple App Store: (a) the license granted above is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing; (b) Apple has no obligation to furnish any maintenance or support services for the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, paid for the App, and to the maximum extent permitted by law Apple will have no other warranty obligation whatsoever with respect to the App; (d) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar laws; (e) in the event of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the App, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Our contact information for App questions is set out in Section 23.

13. Intellectual Property and Feedback

13.1 Our intellectual property

The Services, including all software, models, prompts, voices, designs, text, graphics, logos, trademarks, and the selection and arrangement thereof, are owned by us or our licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights in and to the Services. No rights are granted by implication, estoppel, or otherwise. “Booking Butler,” the Booking Butler logo, and our other marks may not be used without our prior written permission.

13.2 Limited license to you

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Services for your internal business purposes in accordance with the Documentation.

13.3 Feedback

If you provide suggestions, ideas, or other feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose without obligation to you. Feedback is provided voluntarily and is not Confidential Information of yours.

13.4 Copyright complaints

If you believe that content available through the Services infringes your copyright, please send a notice containing the information required by the Digital Millennium Copyright Act to support@bookingbutler.ai with the subject line “DMCA Notice.”

14. Confidentiality

“Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) in connection with the Services that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, pricing, product roadmaps, security information, and the non-public features of the Services. Confidential Information does not include information that (a) is or becomes publicly available through no fault of the Recipient; (b) was rightfully known to the Recipient without restriction before receipt; (c) is rightfully received from a third party without restriction; or (d) is independently developed without use of the Discloser’s Confidential Information.

The Recipient will use Confidential Information only to perform its obligations or exercise its rights under these Terms, will protect it using at least reasonable care, and will disclose it only to its employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective as these. The Recipient may disclose Confidential Information to the extent required by law or legal process, provided it gives the Discloser prompt notice (where legally permitted) and reasonable cooperation. These obligations continue for three (3) years after termination of these Terms, and with respect to trade secrets for as long as they remain trade secrets.

15. Term, Suspension, and Termination

15.1 Term

These Terms begin when you first accept them or use the Services and continue until terminated as described below. Subscriptions continue for the term stated in your Order Form and renew automatically as described in Section 6.

15.2 Termination by you

You may stop using the Services and cancel your subscription at any time as described in Section 6. You may delete your account at any time through the App or our account deletion page.

15.3 Termination and suspension by us

We may suspend or terminate your access to all or part of the Services, with notice where practicable, if: (a) you materially breach these Terms and fail to cure the breach within fifteen (15) days after we notify you (or immediately, without a cure period, for violations of Section 7 or Section 9, or where your use poses a legal, security, or reputational risk to us, other customers, or third parties); (b) any amount you owe is more than ten (10) days past due; (c) we are required to do so by law, a carrier, or an App Store; or (d) we discontinue the Services generally, in which case we will provide at least thirty (30) days’ notice and refund any prepaid fees for the period after discontinuation. We may also terminate these Terms for convenience at the end of your then-current subscription period on thirty (30) days’ notice.

15.4 Effect of termination

Upon termination, your right to access the Services ends, your AI Agents will stop answering calls and messages, phone numbers provisioned through the Services may be released, and all fees accrued before termination become immediately due. Data export and deletion are handled as described in Section 10. Sections that by their nature should survive termination will survive, including Section 6 (for amounts owed), and Sections 10 through 22, other than the license grants.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE AI AGENTS, THE APP, AND ALL CONTENT AND OUTPUT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY CALL, MESSAGE, OR APPOINTMENT WILL BE ANSWERED, DELIVERED, BOOKED, OR RECORDED; THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR APPROPRIATE; THAT DEFECTS WILL BE CORRECTED; OR THAT USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR NUMBER OF LEADS, APPOINTMENTS, CUSTOMERS, OR AMOUNT OF REVENUE, EXCEPT AS EXPRESSLY SET OUT IN A PROMOTION IN YOUR ORDER FORM. ANY STATISTICS, TESTIMONIALS, CASE STUDIES, OR EXAMPLES ON THE SITE REFLECT INDIVIDUAL EXPERIENCES AND ARE NOT A PROMISE OF RESULTS. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL COMPLY WITH ANY LAW APPLICABLE TO YOU, AND NOTHING IN THE SERVICES OR DOCUMENTATION CONSTITUTES LEGAL ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOOKING BUTLER, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS; (C) LOSS, CORRUPTION, OR INACCURACY OF DATA; (D) MISSED, DROPPED, MISROUTED, OR UNANSWERED CALLS OR MESSAGES, OR MISSED, INCORRECT, OR CANCELLED APPOINTMENTS; (E) COST OF SUBSTITUTE SERVICES; OR (F) FINES, PENALTIES, OR STATUTORY DAMAGES ARISING FROM YOUR COMMUNICATIONS WITH END USERS; IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US$100).

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO (1) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER Section 18; (2) YOUR PAYMENT OBLIGATIONS; (3) YOUR BREACH OF Section 7 OR Section 9; (4) A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; OR (5) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE PARTIES AGREE THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN, AND THAT THEY WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

18.1 By you

You will defend, indemnify, and hold harmless Booking Butler, its affiliates, and its and their officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, demands, investigations, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Data or the information and instructions you provide to the AI Agents; (b) calls, messages, recordings, or other communications made through your account, including any claim under the TCPA, TSR, CAN-SPAM, state telemarketing or call-recording laws, or similar laws; (c) your or your End Users’ or Authorized Users’ use of the Services in violation of these Terms or applicable law; (d) the products or services you provide to End Users; (e) your use of any Third-Party Service; or (f) any dispute between you and an End User or other third party.

18.2 By us

We will defend you against any claim brought by a third party alleging that the Services, as provided by us and used in accordance with these Terms, infringe that third party’s U.S. patent, copyright, or trademark, or misappropriate its trade secret, and we will pay the damages and costs finally awarded against you (or agreed by us in settlement) as a result of such claim. This obligation does not apply to claims arising from (a) Customer Data or your instructions; (b) Third-Party Services; (c) modifications to the Services not made by us; (d) combination of the Services with products, services, or data not provided by us; or (e) use of the Services after we have notified you to discontinue use. If the Services become, or we believe they are likely to become, the subject of an infringement claim, we may, at our option, modify or replace the Services so that they are non-infringing, procure the right for you to continue using them, or terminate the affected Services and refund any prepaid fees for the remaining subscription period. This Section states our entire liability, and your exclusive remedy, for infringement claims.

18.3 Procedure

The indemnified party must promptly notify the indemnifying party of the claim (provided that delay will only relieve the indemnifying party of its obligations to the extent it is prejudiced), give the indemnifying party sole control of the defense and settlement (except that no settlement may impose liability or obligations on the indemnified party without its consent, not to be unreasonably withheld), and provide reasonable cooperation at the indemnifying party’s expense.

19. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US.

19.1 Informal resolution

Before starting an arbitration or lawsuit, you and we agree to first try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) informally. The party raising the Dispute must send the other a written notice describing the nature and basis of the Dispute and the relief requested (a “Notice of Dispute”). Notices to us must be sent to the email or postal address in Section 23; notices to you will be sent to the email address associated with your account. The parties will attempt in good faith to resolve the Dispute within sixty (60) days after the Notice of Dispute is received. If the Dispute is not resolved within that period, either party may proceed as described below.

19.2 Binding arbitration

Except as provided in Sections 19.4 and 19.5, any Dispute that is not resolved informally will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if you are an individual using the Services for personal purposes and the AAA determines its Consumer Arbitration Rules apply, those rules), as modified by these Terms. The AAA rules are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator and, unless the parties agree otherwise, will take place by video conference or, if an in-person hearing is required, in Dover, Delaware, or another location reasonably convenient to both parties. The arbitrator will apply the substantive law described in Section 20, may award any relief that a court of competent jurisdiction could award on an individual basis, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys’ fees and costs unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, or applicable law provides otherwise. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.

19.3 Class action and jury trial waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party’s claims or preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) must be severed from the arbitration and brought in court, and all other claims will be arbitrated. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY in any proceeding that is not arbitrated.

19.4 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court for Disputes within that court’s jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights or Confidential Information; or (c) pursue collection of undisputed fees in court.

19.5 Thirty-day right to opt out

You may opt out of the arbitration and class action waiver provisions in Sections 19.2 and 19.3 by sending written notice of your decision to support@bookingbutler.ai with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms. Your notice must include your name, the business name and email address associated with your account, and a clear statement that you wish to opt out. If you opt out, all other provisions of these Terms, including Section 20, will continue to apply.

19.6 Severability and changes

If any part of this Section 19 (other than the class action waiver, which is addressed in Section 19.3) is found to be unenforceable, the remainder will continue in effect. If we make any material change to this Section after you accept these Terms, you may reject the change by sending us written notice within thirty (30) days of the change, in which case the version of this Section that you most recently accepted will continue to apply to Disputes between you and us.

20. Governing Law and Venue

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States, without regard to conflict-of-law principles that would require the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 19, the state and federal courts located in the State of Delaware will have exclusive jurisdiction over any Dispute that is not subject to arbitration, and each party consents to the personal jurisdiction of, and venue in, those courts.

21. Changes to the Services and These Terms

We may revise these Terms from time to time. If we make a material change, we will provide notice at least thirty (30) days before the change takes effect by emailing the address associated with your account, displaying a notice in the Platform or App, or posting an updated version on the Site with a new “Last updated” date. Changes that are required by law, or that are needed to address a security or legal risk, may take effect immediately. Your continued use of the Services after a change becomes effective constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Services and may cancel your subscription before the change takes effect.

22. General Provisions

22.1 Entire agreement

These Terms, together with any Order Form, the Privacy Policy, and any policies expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, proposals, and communications, whether written or oral. No terms contained in any purchase order or similar document issued by you will apply.

22.2 Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this Section is void.

22.3 Force majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, failures of telecommunications carriers or internet or cloud providers, power outages, or denial of service attacks.

22.4 Notices

We may provide notices to you by email to the address associated with your account, through the Platform or App, or by posting on the Site, and such notices are effective when sent or posted. You may provide notices to us by email to support@bookingbutler.ai or by mail to the postal address in Section 23, and such notices are effective upon receipt.

22.5 Publicity

You grant us the right to identify you as a customer by name and logo on the Site and in marketing materials. You may withdraw this permission at any time by emailing support@bookingbutler.ai, after which we will cease new uses within a reasonable period.

22.6 Export and government use

You will comply with all applicable export control and sanctions laws and will not export, re-export, or provide access to the Services in violation of those laws. If you are a U.S. government entity, the Services are “commercial computer software” and “commercial computer software documentation” provided with only those rights specified in these Terms.

22.7 Miscellaneous

The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship. Except as expressly provided in Section 12 with respect to Apple, there are no third-party beneficiaries of these Terms. Our failure to enforce any provision is not a waiver of our right to do so later, and any waiver must be in writing. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Headings are for convenience only. The words “including” and “for example” mean “including without limitation.” You agree that electronic acceptance of these Terms and any Order Form, and electronic records and signatures, have the same legal effect as a handwritten signature. Provisions that by their nature should survive termination or expiration of these Terms will survive.

23. Contact Us

If you have any questions about these Terms or the Services, please contact us:

Market Leader Technologies Corporation
d/b/a Booking Butler
73 Greentree Dr, Dover, DE 19904, United States
Email: support@bookingbutler.ai
Website: https://bookingbutler.ai

For questions about privacy or to exercise your privacy rights, please see our Privacy Policy or email support@marketleadertechnologies.com. To request deletion of your account, visit our account deletion page.