Terms of Service

Last Updated: November 13, 2025 · BusyAccess LLC

1. Acceptance of Terms

By accessing and using BusyAccess services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Continued use of our Services after changes constitutes acceptance of the modified Terms.

2. Description of Services

BusyAccess provides custom AI solutions and services including but not limited to:

• Custom AI agent development and deployment
• Machine learning model training and optimization
• Workflow automation solutions
• Conversational AI and chatbot development
• Generative AI applications
• AI consulting and integration services

3. Account Registration and Security

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4. Acceptable Use

You agree to use our Services only for lawful purposes. You shall not:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems
• Use Services to harass, abuse, or harm others
• Engage in any activity that disrupts or interferes with our Services
• Resell or redistribute our Services without authorization
• Use Services to generate illegal or harmful content

5. Intellectual Property Rights

Our Rights

All intellectual property rights in our Services, including software, documentation, and branding, remain our exclusive property. You are granted a limited, non-exclusive, non-transferable license to use our Services.

Your Rights

You retain all rights to your data and content. By using our Services, you grant us a license to use your data solely to provide and improve Services as outlined in our Privacy Policy.

Custom Developments

For custom AI solutions, ownership terms will be specified in individual service agreements. Generally, you own the trained models and outputs specific to your data, while we retain rights to underlying frameworks and methodologies.

6. Payment and Billing

Payment terms are as follows:

• Fees are as specified in your service agreement or pricing plan
• Payments are due according to the agreed billing cycle
• All fees are non-refundable unless otherwise specified
• We reserve the right to change pricing with 30 days notice
• Failure to pay may result in service suspension or termination
• You are responsible for all applicable taxes

7. Service Level and Availability

While we strive to provide reliable Services:

• We do not guarantee uninterrupted or error-free service
• Scheduled maintenance will be communicated in advance when possible
• Service Level Agreements (SLAs) are defined in enterprise contracts
• We are not liable for failures beyond our reasonable control

8. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. We are committed to protecting your data and maintaining confidentiality as outlined in our Privacy Policy and any applicable service agreements.

9. Confidentiality

Both parties agree to:

• Maintain confidentiality of non-public information
• Use confidential information only for the intended purpose
• Protect confidential information with reasonable security measures
• Return or destroy confidential information upon request

10. Warranties and Disclaimers

WARRANTIES: We warrant that our Services will be provided with reasonable skill and care.

DISCLAIMERS: Except as expressly stated, Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We do not warrant that Services will meet your specific requirements or that results will be accurate or reliable.

11. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed fees paid in the 12 months preceding the claim
• We are not liable for damages resulting from your misuse of Services
• Some jurisdictions do not allow certain limitations, so these may not apply to you

12. Indemnification

You agree to indemnify and hold harmless BusyAccess from any claims, damages, or expenses arising from your use of Services, violation of these Terms, or infringement of any rights of others.

13. Termination

Either party may terminate the agreement:

• With notice as specified in the service agreement
• Immediately if the other party breaches these Terms
• We may suspend Services immediately for non-payment or violations
• Upon termination, you must cease using Services and we may delete your data

14. SMS/Text Message Terms and Conditions

SMS Program Description

BusyAccess and our products (Talkertive.io and Kasakua.io) offer SMS/text message communications for customer care and transactional purposes. By opting in to receive text messages, you agree to these SMS-specific terms in addition to our general Terms of Service. How consent is collected is documented at busyaccess.com/sms-opt-in.

Consent to Receive Messages

By providing your mobile phone number and opting in, you expressly consent to receive SMS/text messages from BusyAccess and our products. This consent includes:

• Transactional messages related to your account and services
• Service notifications and security alerts
• Customer support communications
• Appointment reminders and confirmations
• Marketing messages (if you separately opt in)
• Two-factor authentication and verification codes

Consent is not required as a condition of purchasing goods or services. You may use our services without opting in to SMS communications.

Message Frequency and Charges

Message frequency varies. The number of messages depends on your account activity, service usage, and preferences. You may receive:

• Transactional messages: Variable, based on activity
• Service notifications: Up to 10 messages per month
• Marketing messages: Up to 4 messages per month (if opted in)

Message and data rates may apply. Standard messaging rates from your wireless carrier apply to all SMS messages sent and received. The number of messages varies based on usage. Contact your mobile carrier for details about your messaging plan and costs.

Opt-In Procedures

You may opt in to SMS messages by:

• Checking the SMS opt-in box on our contact form or during account registration
• Texting a keyword to our designated short code or phone number
• Enabling SMS notifications in your account settings
• Providing verbal or written consent to our customer service team

Upon opting in, you will receive a confirmation message verifying your enrollment in the SMS program.

Opt-Out Procedures

You can opt out of SMS messages at any time, free of charge, by:

• Replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message
• Texting STOP to any short code from which you receive messages
• Disabling SMS notifications in your account settings
• Contacting customer support at support@busyaccess.com or 680 222 2377

After opting out, you will receive a final confirmation message confirming your removal from the SMS program. You may continue to receive critical transactional messages necessary for account security, legal compliance, and service delivery (such as password resets, payment confirmations, and security alerts).

Help and Customer Support

For assistance with SMS services:

• Reply HELP to any text message for automated assistance
• Email: support@busyaccess.com
• Phone: 680 222 2377 (Monday-Friday, 9 AM - 6 PM EST)
• Address: 4920 Bells Ferry Road, Ste 134-2081, Kennesaw GA 30144

Supported Carriers and Compatibility

Our SMS service is compatible with the following U.S. carriers:

• AT&T, T-Mobile, Verizon Wireless, Sprint
• Boost Mobile, Cricket, MetroPCS, U.S. Cellular
• Virgin Mobile, and other major carriers

Carriers are not liable for delayed or undelivered messages. Message delivery may be affected by carrier limitations, network conditions, device compatibility, or other factors beyond our control.

User Representations and Warranties

By opting in to SMS communications, you represent and warrant that:

• You are the authorized user and owner of the mobile phone number provided
• You are at least 18 years of age or have parental consent
• You have the legal capacity to enter into this agreement
• The mobile phone number provided is accurate and currently active
• You authorize us to send text messages to the provided number
• You will notify us immediately if your phone number changes

Prohibited Uses

You agree not to:

• Use another person's phone number without authorization
• Provide false or misleading information during opt-in
• Use SMS services to violate any laws or regulations
• Attempt to interfere with or disrupt SMS service delivery
• Forward or redistribute received messages for commercial purposes

Service Modifications and Suspension

We reserve the right to:

• Modify, suspend, or discontinue SMS services at any time
• Change message frequency, content, or format with notice
• Block or terminate SMS service for users who violate these terms
• Update short codes, phone numbers, or technical infrastructure

We will provide reasonable notice of material changes to SMS services when possible.

Liability Limitations for SMS Services

In addition to the general liability limitations in Section 11:

• We are not liable for delayed, failed, or misdirected messages
• We are not responsible for carrier-related issues or charges
• We are not liable for device compatibility problems
• We are not responsible for messages sent to incorrect numbers if you provided inaccurate information
• Mobile carriers are not liable for delayed or undelivered messages

Data Privacy and SMS

SMS data is governed by our Privacy Policy (Section 9: SMS/Text Message Communications). We collect, use, and protect SMS-related data as described in the Privacy Policy, including:

• Phone numbers and carrier information
• Message content and delivery status
• Opt-in/opt-out preferences and timestamps
• Interaction and engagement data

We share your phone number with third-party SMS service providers only as necessary to deliver messages, under strict confidentiality and data protection agreements.

TCPA Compliance

We comply with the Telephone Consumer Protection Act (TCPA) and related regulations. We:

• Obtain express written consent before sending marketing messages
• Provide clear opt-out instructions in every message
• Honor opt-out requests immediately (within 10 business days)
• Maintain records of consent and opt-out requests
• Do not send messages to numbers on the National Do Not Call Registry without consent
• Identify ourselves clearly in all messages

Changes to SMS Terms

We may update these SMS terms from time to time. Material changes will be communicated via:

• Text message notification to enrolled users
• Email notification
• Posted notice on our website

Continued use of SMS services after changes constitutes acceptance of the modified terms. You may opt out if you do not agree with the changes.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any disputes shall be resolved through:

• Good faith negotiations between the parties
• Mediation if negotiations fail
• Binding arbitration in accordance with AAA rules
• Courts located in San Francisco, California for any legal proceedings

16. General Provisions

Additional terms:

• These Terms constitute the entire agreement between parties
• No waiver of any term shall be deemed a continuing waiver
• If any provision is found invalid, the remaining provisions remain in effect
• You may not assign these Terms without our written consent
• Notices should be sent to legal@busyaccess.com

17. Contact Information

For questions about these Terms, contact us:

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