Profit Solutions – General Terms of Service
Profit Solutions Pro, Inc.
Last Updated: March 31, 2025
These Terms of Service are entered into by and between Profit Solutions Pro, Inc., a corporation incorporated under the laws of the State of Florida, registered at 9702 SW 83rd Way, Gainesville, FL 32608, hereinafter referred to as “Profit Solutions,” and the individual or entity that accepts these terms and conditions (the “Client” or “you” or “your”). The Agreement takes effect when the Client accepts these Terms of Service by checking the associated box upon checkout or signing up for a service.
By accepting these Terms of Service, the Client acknowledges that they have read, understood, and agreed to all terms and conditions outlined herein, and the Parties commit to collaborate in leveraging the BizBuddy AI Phone Agent AI Phone Agent service for the Client’s business success.
BY CHECKING THE REQUIRED CHECKBOX OR SIGNING UP, YOU ACCEPT AND AGREE THAT THESE TERMS WILL BIND YOU. YOU CONSENT TO RESOLVE ANY DISPUTES THROUGH ARBITRATION AS OUTLINED IN THE ARBITRATION CLAUSE BELOW. PLEASE REVIEW THE ARBITRATION CLAUSE CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
1. Definitions and Interpretations
1.1 In this Agreement, unless the context otherwise requires:
- Agreement: These Terms of Service and any written legal agreement (e.g., Consulting Services Agreement) provided to the Client for signature.
- Profit Solutions: Profit Solutions Pro, Inc., a Florida corporation at 9702 SW 83rd Way, Gainesville, FL 32608.
- Force Majeure: Events beyond a Party’s reasonable control (e.g., power failure, ISP issues, natural disasters, terrorism, war, governmental action).
- Intellectual Property Rights: Patents, trademarks, copyrights, trade secrets, know-how, and related rights, including the right to sue for past infringements.
- Minimum Term: The minimum required term of the Agreement, if applicable.
- Parties: Profit Solutions and the Client collectively.
- Party: Either Profit Solutions or the Client individually.
- Plan(s): BizBuddy AI Phone Agent subscription tiers (Starter, Core, Growth, Premium) and Development Packages, each with specific pricing, minutes, and services, subject to modification per these Terms.
- Services: The BizBuddy AI Phone Agent AI Phone Agent service and optional development services, as specified in Clause 3 and the Client’s selected Plan.
- Term: The period from the Agreement’s effective date until termination per Clause 10.
1.2 References to Clauses or sub-Clauses are to this Agreement unless otherwise stated.
1.3 Headings are for convenience and do not affect interpretation.
1.4 Singular includes plural, and vice versa.
1.5 Gender references are interchangeable.
2. General Terms
2.1 Applicability: These Terms apply to all BizBuddy AI Phone Agent services offered by Profit Solutions, unless stated otherwise.
2.2 Capacity: Clients must be of legal age and mental capacity to form a binding contract, with authority to bind their entity if applicable.
2.3 Acceptance: Using the Services requires unconditional acceptance of these Terms. If you disagree, do not use the Services.
2.4 Client Terms: Client terms contrary to these Terms are rejected and do not apply.
2.5 Privacy Policy: Personal data is governed by Profit Solutions’ Privacy Policy.
3. The Services and Limitations
3.1 Services: Profit Solutions provides the BizBuddy AI Engage Phone Agent service, including:
- Core Service: Automated call handling, greetings, FAQs, scheduling, and message forwarding per the Client’s Plan (Starter, Core, Growth, Premium).
- Light Tech Support: Up to 2 hours/month of email/chat support (8 AM-8 PM EST), included in all Plans.
- Development Services: Optional custom integrations (e.g., CRM, merchant accounts) via Development Packages (Clause 5).
3.3 BizBuddy AI Phone Agent Usage Limitations:
- Minutes: Monthly allocations—Starter (100 min), Core (300 min), Growth (600 min), Premium (1,000 min). One minute = one call minute processed by BizBuddy AI Engage Phone Agent service.
- Overage Rates: Excess usage billed at: Starter ($0.45/min.), Core ($0.35/min.), Growth ($0.28/min.), Premium ($0.22/min.).
- Controls: Client can request usage caps. Unused minutes do not roll over.
- Monitoring: Profit Solutions may recommend Plan upgrades for consistent overages.
3.4 Language Support: English only—additional languages (e.g., Spanish) may be added via Development Packages and additional add-on charges may apply, with no guarantee on translation quality.
4. Client Obligations and Service Terms
4.1 Provision of Material: Client must provide timely, complete, and accurate data (e.g., website info, family numbers) needed for BizBuddy AI Phone Agent setup and operation.
4.2 Access and Permissions: Client grants necessary access to digital assets/accounts for Services.
4.3 Feedback: Client provides actionable feedback promptly to ensure service adjustments.
4.4 Involvement: Client’s active participation (e.g., approvals, responses) is key to success.
4.5 Legal Requirements: Client ensures compliance with all laws (e.g., call recording consent, data protection), indemnifying Profit Solutions for breaches. Profit Solutions offers no legal advice.
4.6 Approvals: Client approves BizBuddy AI Phone Agent configurations (e.g., greetings) within 48 hours—failure to disapprove in writing imputes approval.
4.7 Delays: Client delays (e.g., late data) do not roll over Services or alter payment obligations.
4.8 Implementation Timeline: BizBuddy AI Phone Agent goes live within 2 days of Agreement start, subject to Client cooperation (up to 2 hours of free customization). Delays due to Client extend timeline, not payment.
5. Subscriptions & Payments
5.1 Subscriptions: Post-trial, BizBuddy AI Phone Agent Plans are month-to-month unless terminated per Clause 10—no Minimum Term unless specified. Auto-renews monthly unless canceled.
5.2 Initial Fees: No setup or onboarding fees apply—first payment is the Plan fee.
5.3 Recurring Fees: Monthly Plan fees are due and charged 30-days after initial sign up and continue on a monthly recurring basis on the same day of the month each successive month thereafter until the cancelled. Development Packages are prepaid per pack.
5.4 Invoices: Sent electronically to Client’s email.
5.5 Payment Enforcement: Legal action to enforce payment entitles Profit Solutions to recover fees, attorneys’ costs, and expenses.
5.6 Payment Authorization: Client authorizes auto-charges to their credit/debit card for all fees, keeping payment info current. Non-payment may suspend Services or breach the Agreement.
5.7 EFT: Fees deducted via Electronic Funds Transfer (EFT) from Client’s account.
5.8 Chargebacks: Only valid for material breaches or fraud—unwarranted chargebacks suspend Services, incur costs (admin/legal/banking fees), and may terminate the Agreement.
5.9 Refunds: No refunds under any circumstances. Issues resolved via billing credits or re-performance.
5.10 Late Fees: 1.5% monthly interest on late payments; $40 NSF fee for rejected EFTs. Services may stop if delinquent over 7 days.
5.11 Development Packages:
- Options: Pay-As-You-Go ($50/hour), 5-Hour Pack ($200, $40/hour), 10-Hour Pack ($350, $35/hour), 20-Hour Pack ($500, $25/hour), 40-Hour Pack ($1,000, $25/hour), 80-Hour Pack ($2,000, $25/hour).
- Payment: Prepaid for packs, post-billed for pay-as-you-go. Excess hours at pack rate (e.g., 20-hour pack + 5 hours = $500 + $125).
6. Confidentiality
6.1 Confidential Information: Info disclosed under this Agreement (e.g., client data, BizBuddy AI Phone Agent tech).
6.2 Obligations: Parties keep it confidential, use only for this Agreement, and restrict disclosure unless authorized.
6.3 Permitted Disclosure: To subcontractors/regulators with confidentiality agreements, or if public knowledge not due to breach.
6.4 Survival: Confidentiality outlasts termination.
7. Intellectual Property
7.1 Assignment: Profit Solutions assigns Work Product (e.g., BizBuddy AI Phone Agent customizations) to Client if payments are current and use is intended.
7.2 PS Materials: Pre-existing materials (e.g., BizBuddy AI Phone Agent AI base) remain PS’s—Client gets a perpetual, non-transferable license for non-commercial use.
7.3 AI Content: BizBuddy AI Phone Agent-generated content (e.g., responses) isn’t guaranteed original—Client reviews for commercial use, assumes liability for infringement.
8. Restrictive Covenants
8.1 Non-Solicitation: Client won’t solicit PS staff (e.g., Tech Support (TS), Developers) during and 1 year post-Agreement—$10,000 liquidated damages per breach, negotiated as fair.
9. Limitation of Liability
9.1 Warranty: Deficiencies reported within 30 days get re-performance—no other warranties (e.g., merchantability).
9.2 Limited Liability: PS’s liability capped at 6 months’ fees. BizBuddy AI Phone Agent limitations (e.g., accents, emergencies) aren’t breaches unless frequent/severe—PS improves ongoing. No consequential damages (e.g., lost profits).
9.3 Indemnification: Client indemnifies PS for breaches or legal violations.
9.4 Force Majeure: No liability for delays beyond control (e.g., telecom outages, AI provider issues)—performance time extends.
10. Term and Termination
10.1 Term: Month-to-month post-trial, no Minimum Term unless specified.
10.2 Termination:
- Client: 30 days’ notice to noticeofcancellation@profitsolutions.com.
- PS: Immediate for breach (30-day cure), payment failure, or 30 days’ notice for any reason.
10.3 Effect: Services cease, fees due paid, surviving clauses (e.g., confidentiality) persist.
11. Call Recordings and Data
11.1 Recordings: All BizBuddy AI Phone Agent Plans include call recordings, accessible via dashboard.
11.2 Ownership: Client owns call data/recordings—PS uses anonymized data for AI improvement.
11.3 Retention: 6 months, then deleted—Client must download to keep longer.
11.4 Compliance: Client ensures call recording laws (e.g., consent) are met, indemnifies PS for violations.
12. Service Level Agreement for BizBuddy AI Phone Agent
12.1 Uptime: 99.5% monthly, excluding maintenance.
12.2 Maintenance: 2-5 AM EST, 24-hour notice if impactful.
12.3 Credits: Below 99.5% uptime—10% (98%-99.49%), 25% (95%-97.99%), 50% (<95%) of monthly fee, requested within 30 days, credited to future invoices.
12.4 Exclusions: Client issues, third-party failures, breaches, or force majeure.
13. Disputes
13.1 Law & Venue: Florida law, Alachua County venue.
13.2 Arbitration: JAMS in Gainesville, FL—Client pays filing fee, bad faith claims reimburse PS’s costs. Court injunctive relief allowed pre-panel.
14. Miscellaneous
14.1 Subcontractors: PS may use subcontractors with confidentiality.
14.2 Relationship: Independent contractors—no partnership.
14.3 Entire Agreement: Supersedes prior agreements.
14.4 Waiver: Only in writing.
14.5 Assignment: Client needs PS consent.
14.6 Amendments: PS may update Terms—30-day review, silence = consent, rejection may terminate.
14.7 Severability: Invalid provisions limited, rest enforceable.
14.8 E-Signatures: Valid as originals.
14.9 Notices: Email (support@profitsolutions.com) or mail to 9702 SW 83rd Way, Gainesville, FL 32608.
Contact Us:
(877) 646-9190 | connect@profitsolutions.com
9702 SW 83rd Way, Gainesville, FL 32608
Try BizBuddy AI Phone Agent: 2-Day Free Trial at profitsolutions.com/BizBuddy AI Phone Agent-trial
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