BOOKING BUTLER TERMS OF SERVICE
Last updated: 2026-10-20 Effective date: 2026-10-20
1. ACCEPTANCE OF THESE TERMS
These Terms of Service (the "Terms") form a binding agreement between Market Leader Technologies Corporation, a Delaware corporation doing business as Booking Butler ("Booking Butler," "we," "us," or "our"), and the entity or person that creates an account or uses the Services ("Customer," "you," or "your").
By clicking "I agree," creating an account, accessing the Services, or paying an invoice, you accept these Terms, the Privacy Policy presented with them, the Acceptable Use Policy in Exhibit A, and the Data Processing Addendum in Exhibit B, each incorporated here by reference.
If you accept on behalf of a company, you represent that you have authority to bind it, and "you" means that company. If you do not have that authority or do not agree, do not use the Services.
PLEASE READ SECTION 19 CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
PLEASE READ SECTION 8.6 CAREFULLY. THE SERVICES DO NOT SUPPORT EMERGENCY CALLING.
2. DEFINITIONS
"Services" means the Booking Butler platform, including the web application, mobile applications, AI voice and messaging agents, telephony features, CRM, scheduling, payment features, APIs, and any related software and documentation.
"Customer Data" means all data, content, and materials you or your Users submit to the Services or that the Services generate on your behalf, including contact records, uploaded documents, bot configurations, call recordings, transcripts, and message content.
"End User" means any individual who interacts with your instance of the Services, including callers, texters, email correspondents, and website chat visitors.
"End User Data" means personal information about End Users contained in Customer Data.
"User" means an individual you authorize to access your account, including employees, contractors, and, for reseller accounts, sub-account members.
"Reseller" means a Customer authorized under Section 15 to provision and manage sub-accounts for its own clients.
"AI Output" means text, speech, summaries, transcriptions, documents, quotes, or other content generated by the Services using artificial intelligence.
"Third-Party Services" means services operated by others that the Services depend on or integrate with, including Twilio, Stripe, ElevenLabs, OpenAI, Anthropic, AssemblyAI, Google, and Microsoft.
3. THE SERVICES
3.1 What we provide
Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right to access and use the Services during the Term for your internal business purposes. Features may include, depending on your plan: AI voice answering and outbound calling; warm and cold call transfer; SMS, MMS, email, and web chat handling; appointment scheduling and calendar management; a contact and CRM system; document ingestion and retrieval; conversation flows and automation; invoicing and payment collection; analytics; and reseller tooling.
3.2 Business use only
The Services are provided for business use. They are not intended for personal, family, or household purposes, and you may not use them as a consumer. You must be at least 18 years old.
3.3 Changes to the Services
We may modify, add, or discontinue features. If we materially degrade or remove a feature you are actively using, we will provide at least 30 days' notice by email or in-product notification, and you may terminate the affected subscription, in which case we will refund prepaid, unused subscription fees for that subscription on a pro-rata basis.
3.4 Beta features
Features labeled beta, preview, early access, or similar are provided as-is, without warranty or support commitment, and may be changed or withdrawn at any time. They are excluded from any service level commitment.
4. ACCOUNTS AND SECURITY
You are responsible for the accuracy of your registration information, for all activity under your account, and for maintaining the confidentiality of credentials and API keys. You must notify us promptly at security@bookingbutler.ai of any suspected unauthorized access. We are not liable for losses caused by unauthorized use of your credentials, except to the extent caused by our failure to meet our obligations under Sections B5 and B6 of Exhibit B.
You are responsible for the acts and omissions of your Users as though they were your own.
5. FEES, BILLING, AND PLANS
5.1 Subscription fees
Plan fees are as listed at https://www.bookingbutler.ai or in your order form. Fees are billed in advance, monthly or annually as selected, and are non-refundable except as expressly stated in these Terms or as required by law.
5.2 Usage-based charges
Certain features are metered, including telephony minutes, SMS and MMS segments, phone number rental, speech synthesis characters, transcription minutes, AI model usage, and document processing. Metered charges are billed against prepaid credits at the rates in your current rate card. Rates may change on 30 days' notice.
5.3 Credits and auto-recharge
If you enable auto-recharge, you authorize us to charge your payment method automatically when your credit balance falls below your configured threshold. You may disable auto-recharge at any time in account settings. Unused credits do not expire and are non-refundable except as required by law.
5.4 Payment method and authorization
Payments are processed by Stripe. By providing a payment method, you authorize us to charge all fees when due. If a charge fails, we may retry and may suspend the Services under Section 16.2.
5.5 Taxes
Fees exclude taxes. You are responsible for all sales, use, VAT, GST, telecommunications, and similar taxes and regulatory surcharges, excluding taxes on our net income. Telephony services may carry pass-through regulatory fees.
5.6 Auto-renewal and cancellation
Subscriptions renew automatically for successive periods equal to the prior term unless you cancel before the renewal date through account settings or by emailing billing@bookingbutler.ai. Cancellation takes effect at the end of the then-current period. You remain responsible for usage charges incurred before termination.
5.7 Disputed charges and chargebacks
Notify us within 60 days of an invoice you dispute in good faith. Initiating a chargeback without first contacting us is a material breach and we may suspend the account. You will reimburse us for chargeback fees on disputes resolved in our favor.
5.8 Price changes
We may change subscription pricing effective at your next renewal on at least 30 days' notice.
6. PILOT PROGRAM AND PROMOTIONAL OFFERS
If you were admitted to a pilot, launch, or free-setup program, the following applies in addition to these Terms:
(a) Scope. Waived setup fees, included credits, and any other promotional benefit are limited to those stated in your written pilot confirmation. No benefit exists unless stated there.
(b) Performance commitments. Any performance-related commitment ("guarantee," "you only pay when it works," or similar) applies only as defined in your written pilot confirmation, which must state: the specific metric, the measurement method and data source, the measurement period, the remedy, and the deadline to claim it. Marketing statements on our website, in advertisements, or made orally do not create a performance commitment and are not incorporated into this Agreement.
(c) Sole remedy. Where a performance commitment applies and is not met, your sole and exclusive remedy is an extension of the pilot period, claimed in writing within 30 days of the end of the measurement period.
(d) Conversion. At the end of the pilot period, your account converts to the Starter plan at then-current pricing unless you cancel beforehand. We will notify you at least 14 days before conversion.
(e) Not a warranty of results. Nothing in a pilot program is a warranty that the Services will produce any particular revenue, lead volume, conversion rate, or return on investment.
7. CUSTOMER RESPONSIBILITIES AND COMPLIANCE
You are solely responsible for how the Services are configured and used in your business. Specifically, you represent, warrant, and covenant that:
(a) You will comply with all laws applicable to your use, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM, state telemarketing and automated-call statutes, state and federal call-recording laws, consumer protection law, and applicable privacy law.
(b) You have obtained and will maintain all consents, permissions, and disclosures legally required to contact End Users through each channel you use, and to record, transcribe, and store their communications.
(c) All Customer Data you upload, and all contact lists you import, were lawfully obtained and you have the right to provide them to us for processing.
(d) You will honor opt-out and revocation requests promptly through every channel, and will not re-contact an individual who has opted out.
(e) You will comply with the Acceptable Use Policy in Exhibit A.
(f) The content, instructions, knowledge base, and conversation flows you configure are accurate and lawful, and you will review AI Output before relying on it for any consequential purpose.
You will be responsible for, and will indemnify us against, claims arising from your failure to meet these obligations, as set out in Section 13.
8. TELEPHONY AND MESSAGING TERMS
8.1 Underlying carrier
Telephony and messaging are provided through Twilio and downstream carriers. Your use is additionally subject to Twilio's Acceptable Use Policy and messaging policies, as amended. We may pass through carrier requirements and enforce them against your account.
8.2 Phone numbers
Phone numbers provisioned through the Services are licensed, not sold. You do not own them and acquire no property right in them. We may reassign or reclaim a number if your account is delinquent, terminated, dormant for more than 60 days, suspended for abuse, or if required by a carrier or regulator. Number portability is subject to carrier rules and is not guaranteed.
8.3 A2P 10DLC and brand registration
Application-to-person messaging in the United States requires brand and campaign registration. You authorize us to submit registration information on your behalf to Twilio Trust Hub and to The Campaign Registry, and you warrant that all information you supply for registration is truthful and accurate. Registration outcomes, throughput assignments, and trust scores are determined by third parties and are outside our control. We do not warrant that any registration will be approved or that any throughput level will be granted.
8.4 Message and call delivery
Carriers filter, throttle, block, and label traffic at their sole discretion. We do not warrant that any call will connect or that any message will be delivered, delivered on time, or delivered unlabeled. Delivery failures caused by carrier filtering are not a defect in the Services.
8.5 Call recording
The Services record and transcribe calls. Recording laws vary: some U.S. states require the consent of all parties. You are solely responsible for determining what disclosure and consent your calls require and for configuring the Services to provide it. We make disclosure tooling available; we do not determine whether your configuration is legally sufficient. You will not disable or circumvent recording disclosures where law requires them.
8.6 NO EMERGENCY SERVICES
THE SERVICES DO NOT SUPPORT 911, E911, OR ANY OTHER EMERGENCY CALLING. Phone numbers provisioned through the Services cannot be used to reach emergency responders, and the AI agent is not a substitute for emergency dispatch. You must maintain an alternative means of contacting emergency services, and you must notify your Users and, where relevant, your End Users of this limitation. You will indemnify us for any claim arising from an attempt to use the Services to reach emergency services.
8.7 Outbound calling and answering machine detection
Outbound calling features, including answering-machine detection, are subject to strict statutory limits including the TCPA's restrictions on prerecorded and artificial voice calls, abandoned-call rate limits, and calling-time restrictions. You are solely responsible for lawful use of these features.
9. AI-SPECIFIC TERMS
9.1 Nature of AI Output
AI Output is generated probabilistically and may be inaccurate, incomplete, out of date, or fabricated. The Services may mishear speech, misinterpret intent, book incorrectly, or state something your business would not have said. AI Output is not professional advice of any kind.
9.2 No reliance without review
You will not use AI Output as the sole basis for any decision with legal, financial, medical, or safety consequences. You are responsible for human review appropriate to the context.
9.3 Disclosure that the agent is AI
Some jurisdictions require disclosure that a person is communicating with an automated system, including California's Bolstering Online Transparency Act and comparable state statutes. You are responsible for configuring appropriate disclosure and for determining what your jurisdiction and industry require. We provide configurable disclosure prompts and recommend enabling them on all channels.
9.4 Synthetic voice
Voices are licensed from ElevenLabs and are synthetic. You may not configure the Services to imitate the voice or identity of any real individual without that individual's documented written consent, and you may not represent the AI agent as a specific named human being who did not consent.
9.5 Model training
We do not use your Customer Data to train our own general-purpose models. Our contracts with AI Service Providers are configured to prohibit training on your data. See the Privacy Policy for detail.
9.6 Ownership of AI Output
As between you and us, you own AI Output generated for your account, subject to the rights of the underlying AI Service Providers and to Section 11. You acknowledge AI Output may not be unique and that similar output may be generated for others.
10. RESTRICTED DATA
Unless we have signed a separate written agreement covering it, you will not submit to the Services:
(a) Protected Health Information as defined by HIPAA, unless we have executed a Business Associate Agreement with you.
(b) Payment card data outside the Stripe-hosted payment flows we provide. Do not have the AI agent collect card numbers by voice or text, and do not store them in contact fields.
(c) Government identification numbers, financial account numbers, biometric identifiers collected for identification purposes, precise geolocation of End Users, or data subject to GLBA, FERPA, or the Fair Credit Reporting Act.
(d) Data about individuals known to be under 18.
If you submit Restricted Data in breach of this Section, you are solely responsible for the consequences, and we may delete it without liability.
11. INTELLECTUAL PROPERTY
11.1 Our IP
We and our licensors own the Services and all software, models, interfaces, documentation, trademarks, and improvements. No rights are granted except those expressly stated.
11.2 Your Customer Data
You retain all right, title, and interest in Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and create derivative works of Customer Data solely to provide, secure, and support the Services, and to create aggregated and de-identified data as permitted in Section 11.4.
11.3 Feedback
If you give us suggestions or feedback, we may use them without restriction or compensation.
11.4 Aggregated data
We may generate aggregated and de-identified statistics from use of the Services and use them for benchmarking, product improvement, and marketing, provided the output does not identify you, any User, or any End User, and we do not attempt to re-identify it. This Section does not apply to data received from Google APIs.
11.5 Your marks
We will not identify you as a customer, or use your name or logo in marketing materials, without your prior written consent. You may withdraw that consent at any time by writing to us, and we will stop using it in new materials.
12. THIRD-PARTY SERVICES
The Services depend on Third-Party Services. Your use of a Third-Party Service through an integration is governed by that provider's terms. We are not responsible for Third-Party Services, their availability, their changes, or their acts and omissions. Interruption or discontinuation of a Third-Party Service is not a breach by us, though Section 3.3 may apply.
Use of data received from Google APIs, including Gmail, is governed by the Google User Data section of our Privacy Policy and adheres to the Google API Services User Data Policy, including the Limited Use requirements.
13. INDEMNIFICATION
13.1 By you
You will defend, indemnify, and hold harmless Booking Butler, its affiliates, and their officers, directors, employees, and agents from any third-party claim, demand, proceeding, penalty, fine, or regulatory action, and all resulting damages, losses, and reasonable attorneys' fees, arising out of or relating to:
(a) your or your Users' use of the Services; (b) Customer Data, including any claim that it infringes or misappropriates rights or was collected unlawfully; (c) any claim under the TCPA, state telemarketing or automated-call law, call-recording law, CAN-SPAM, or the Telemarketing Sales Rule arising from communications sent or received through your account; (d) your breach of Section 7, Section 8, Section 10, or Exhibit A; (e) any attempt to use the Services to reach emergency services; (f) for Resellers, any claim brought by or relating to a sub-account client.
13.2 By us
We will defend you against a third-party claim that the Services, used as permitted, infringe a U.S. patent, copyright, or trademark, and pay damages finally awarded, provided you notify us promptly, give us sole control of the defense, and cooperate. We have no obligation for claims arising from Customer Data, from combination with anything not supplied by us, from modifications, or from continued use after we provide a non-infringing alternative.
13.3 Procedure
The indemnified party will give prompt notice, tender control of the defense, and cooperate reasonably. The indemnifying party may not settle in a way that imposes liability or admission on the indemnified party without written consent.
14. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT AI OUTPUT WILL BE ACCURATE; THAT CALLS WILL CONNECT OR MESSAGES WILL BE DELIVERED; THAT APPOINTMENTS WILL BE BOOKED CORRECTLY; OR THAT USE OF THE SERVICES WILL PRODUCE ANY BUSINESS RESULT.
Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
14.2 Exclusion of damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST OR MISSED APPOINTMENTS, LOST LEADS, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
14.3 Cap
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
14.4 Exclusions from the cap
Sections 14.2 and 14.3 do not limit: your payment obligations; your indemnification obligations under Section 13.1; either party's liability for gross negligence, willful misconduct, or fraud; or liability that cannot be limited by law.
14.5 Basis of the bargain
You acknowledge these limitations are an essential basis of the bargain and that pricing reflects them.
15. RESELLER AND AGENCY ACCOUNTS
If you provision sub-accounts for your own clients:
(a) You are the customer of record and are responsible for all fees for all sub-accounts. (b) You must enter into a written agreement with each sub-account client that is at least as protective of us as these Terms, including the AUP, the compliance obligations in Section 7, the disclaimers in Section 14, and the emergency-services notice in Section 8.6. (c) You are responsible for your sub-account clients' compliance and acts as though they were your own. (d) Whitelabel branding does not transfer ownership of the Services. You may not represent that you built or own the platform in a way that misleads a client about who processes their data, and your client-facing privacy disclosures must accurately describe our role as a subprocessor. (e) With respect to End User Data in sub-accounts, you are a processor and we are a subprocessor. Exhibit B applies with that adjustment. Because Exhibit B provides no transfer mechanism for the European Economic Area or the United Kingdom (see B11), you must not use sub-accounts to process personal data subject to those regimes unless we have agreed transfer terms with you in writing. (f) You set your own pricing to clients. We are not a party to those arrangements and have no obligation to your clients.
16. TERM, SUSPENSION, AND TERMINATION
16.1 Term
These Terms begin when you first accept them and continue until all subscriptions have expired or been terminated.
16.2 Suspension
We may suspend your access, in whole or in part, immediately and without notice if: (a) your account is delinquent by more than 10 days; (b) we reasonably believe your use violates Exhibit A, threatens the security or integrity of the Services, or exposes us or another customer to legal liability; (c) a carrier, regulator, or Third-Party Service requires it; or (d) we reasonably suspect fraud. We will restore access promptly once the cause is resolved. Suspension does not relieve you of fees.
16.3 Termination for convenience
You may terminate at any time by canceling under Section 5.6. We may terminate a subscription for convenience on 60 days' notice, with a pro-rata refund of prepaid, unused subscription fees.
16.4 Termination for cause
Either party may terminate for the other's material breach that remains uncured 30 days after written notice, or immediately on the other's insolvency or bankruptcy.
16.5 Effect of termination
Access ceases. Fees accrued through termination remain due. Phone numbers may be released. We will make Customer Data available for export for 30 days after termination, after which we may delete it in accordance with our retention schedule and Exhibit B. Export it before you cancel.
16.6 Survival
Sections 2, 5 (accrued amounts), 7, 8.5, 8.6, 10, 11, 13, 14, 16.5, 17, 18, 19, and 20 survive.
17. CONFIDENTIALITY
Each party will protect the other's non-public information disclosed in connection with these Terms using at least reasonable care, will use it only to perform under these Terms, and will not disclose it except to personnel and advisors bound by comparable obligations. Exclusions apply for information that is public, already known, independently developed, or rightfully received from a third party. Compelled disclosure is permitted with prompt notice where lawful. Customer Data is your Confidential Information and is additionally governed by Exhibit B.
18. GOVERNING LAW
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods.
19. DISPUTE RESOLUTION AND ARBITRATION
19.1 Informal resolution first
Before filing, the complaining party will send a written notice describing the dispute and the relief sought to legal@bookingbutler.ai and will negotiate in good faith for 30 days.
19.2 Binding arbitration
Any dispute not resolved informally will be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before one arbitrator, seated in New Castle County, Delaware, in English. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.
19.3 Class action waiver
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is held unenforceable, Section 19.2 is void as to that claim and it proceeds in court.
19.4 Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.
19.5 Opt-out
You may opt out of Sections 19.2 and 19.3 by emailing legal@bookingbutler.ai within 30 days of first accepting these Terms, stating your account name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
20. GENERAL
Entire agreement. These Terms, with the Exhibits, Privacy Policy, and any order form, are the entire agreement and supersede prior discussions, marketing statements, and proposals. A conflicting term in a customer purchase order has no effect.
Changes to these Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email or in-product notice. Continued use after the effective date is acceptance. If you object, terminate under Section 16.3.
Assignment. You may not assign without our written consent, except to a successor in a merger or sale of substantially all assets that is not our competitor. We may assign freely.
Force majeure. Neither party is liable for failure to perform, other than payment obligations, caused by events beyond reasonable control, including carrier outages, Third-Party Service failures, denial-of-service attacks, natural disasters, and government action.
No third-party beneficiaries. Except for indemnified parties under Section 13, there are none.
Severability and waiver. If a provision is unenforceable, it is modified to the minimum extent necessary and the rest remains in force. Failure to enforce is not a waiver.
Independent contractors. No partnership, agency, or joint venture is created.
Notices. To you: the email on your account. To us: legal@bookingbutler.ai with a copy to Market Leader Technologies Corporation, 73 Greentree Dr, Dover, DE 19904.
Export and sanctions. You represent you are not located in, and will not use the Services on behalf of anyone located in, a country subject to comprehensive U.S. sanctions, and that you are not on a U.S. restricted-party list.
U.S. government users. The Services are commercial computer software under FAR 12.212 and DFARS 227.7202.
EXHIBIT A — ACCEPTABLE USE POLICY
This AUP is part of the Terms. We may update it and will post changes at https://www.bookingbutler.ai/aup. Material changes to this AUP follow the notice requirements in Section 20 and take effect on the date stated in that notice.
A1. Prohibited content and conduct
You will not use the Services to transmit, generate, or store content that is unlawful; harassing, threatening, or abusive; defamatory; obscene or sexually explicit; that infringes intellectual property; that promotes violence or discrimination; or that contains malware.
A2. Prohibited messaging categories
Without our prior written approval, you will not use the Services for messaging relating to: cannabis, CBD, or controlled substances; firearms, ammunition, or explosives; tobacco, vaping, or alcohol; gambling; high-risk financial products including payday loans, debt collection, debt relief, and credit repair; multi-level marketing; cryptocurrency solicitation; get-rich-quick offers; adult content; or political campaigning or fundraising. Carrier rules independently prohibit much of this category, and carriers may block or terminate traffic regardless of our approval.
A3. Consent and contact rules
You will:
- obtain and retain records of legally sufficient consent before contacting any End User, including prior express written consent where required for marketing calls and texts;
- scrub against the National Do Not Call Registry and applicable state registries, and honor internal do-not-call lists;
- observe calling and texting time restrictions under federal and state law, including local-time restrictions;
- honor STOP, UNSUBSCRIBE, and equivalent opt-out keywords immediately and across channels;
- include required identification of your business in messages;
- not send unsolicited bulk messages, and not use the Services for "snowshoeing," number cycling, or evading carrier filters;
- not use misleading sender IDs, spoofed caller ID, or misleading opt-out instructions.
A4. AI-specific restrictions
You will not:
- configure an AI agent to deny that it is an automated system when asked directly;
- clone or imitate the voice of a real person without documented written consent;
- use the Services to impersonate another business or a government agency;
- use the Services to generate content designed to deceive an End User into a financial transaction they did not intend;
- use the Services for automated decisions about credit, housing, insurance, employment, or education eligibility.
A5. Technical restrictions
You will not reverse engineer, decompile, or attempt to derive source code; circumvent rate limits, quotas, or usage metering; access the Services to build a competing product; conduct penetration testing or vulnerability scanning without our prior written consent; resell or sublicense outside Section 15; or use the Services in a way that degrades performance for others.
A6. Enforcement
Violation may result in immediate suspension or termination under Section 16.2, in addition to any other remedy. We may, but are not obligated to, monitor for violations. We will cooperate with lawful requests from carriers, regulators, and law enforcement.
EXHIBIT B — DATA PROCESSING ADDENDUM
This DPA is part of the Terms and applies where we process End User Data on your behalf.
B1. Roles
For End User Data, you are the controller (or "business") and we are the processor (or "service provider"). You determine the purposes and means. For account data about you and your Users, and for our website visitors, we are the controller. Where you are a Reseller, you are a processor and we are a subprocessor as to your clients' data.
B2. Instructions
We will process End User Data only: (a) to provide, secure, support, and maintain the Services; (b) on your documented instructions, including through your configuration of the Services; and (c) as required by law, in which case we will notify you unless prohibited. We will not sell End User Data, share it for cross-context behavioral advertising, retain or use it outside the direct business relationship, or combine it with data from other sources except as permitted by applicable law.
B3. Confidentiality
Personnel with access to End User Data are bound by confidentiality obligations and receive privacy and security training.
B4. Subprocessors
You authorize the subprocessors listed at https://www.bookingbutler.ai/subprocessors. We will maintain that list, give at least 30 days' notice before adding a subprocessor, and impose data protection obligations on each that are no less protective than this DPA. You may object on reasonable data protection grounds within the notice period; if we cannot resolve the objection, you may terminate the affected Services for a pro-rata refund.
Current subprocessor categories include: cloud hosting; telephony (Twilio); payments (Stripe); speech synthesis (ElevenLabs); speech recognition (AssemblyAI); language models (OpenAI, Anthropic); email (Google, Microsoft); analytics; and error monitoring.
B5. Security
We will implement and maintain appropriate technical and organizational measures, including encryption in transit and at rest, role-based access control, least-privilege administrative access, logging and audit trails, secure software development practices, vendor review, and periodic testing. A current description is available on request.
B6. Personal data breach
We will notify you without undue delay and in any event within 72 hours of becoming aware of a personal data breach affecting End User Data, will provide the information reasonably available to you, and will cooperate in your investigation and notification obligations. Notice is not an acknowledgment of fault.
B7. Assistance
Taking into account the nature of processing, we will assist you with: responses to End User rights requests; data protection impact assessments; and consultations with supervisory authorities. Where an End User contacts us directly with a rights request about data in your account, we will refer them to you.
B8. Deletion and return
On termination, we will make End User Data available for export for 30 days and then delete it within 90 days, except where retention is required by law or for the limited purposes of backup rotation, fraud prevention, and legal claims. Backup copies are deleted on our ordinary backup cycle, currently 35 days.
B9. Retention while active
We retain call recordings, transcripts, and message content for the period you configure, subject to a platform default of 12 months and a maximum of 24 months. You are responsible for setting a retention period appropriate to your legal obligations.
B10. Audit
On reasonable written notice and not more than once per year, we will provide information reasonably necessary to demonstrate compliance, including third-party audit reports or security questionnaires where available. On-site audit is available only where required by law and at your expense, subject to confidentiality.
B11. International transfers
We process End User Data in the United States. We do not currently offer the Services to customers established in the European Economic Area or the United Kingdom, and this Addendum does not provide a transfer mechanism for personal data subject to those regimes. If we begin serving customers in those regions, we will put an appropriate transfer mechanism in place and amend this Addendum.
B12. CCPA/CPRA certification
We certify that we understand and will comply with the restrictions in Section B2 as a "service provider" under the California Consumer Privacy Act and comparable state laws.
B13. Conflict
In case of conflict between this DPA and the Terms regarding processing of End User Data, this DPA controls.
End of document.