‍BIGBRAIN LLC Service Agreement and Terms of Use

Key Subscription Terms

‍

• No minimum commitment
• No long-term contracts
• No early termination fees
• Cancel anytime, effective next billing cycle
• Flat monthly pricing agreed at checkout
• One-time setup fee agreed at checkout
• Usage included each month with simple per-minute overage billing

‍

Parties

‍^‍

This agreement is between BigBrain LLC, a California limited liability company, located in Walnut Creek, California, and the customer purchasing services.

^‍

Support contact: support@gobigbrain.ai

^‍

Services Provided

‍^‍

BigBrain provides hosted AI-powered voice and chat agents for inbound and outbound communications.

^‍

Services include agent configuration, deployment, monitoring, and reasonable operational guidance to support the agent’s primary role.

^‍

Agents do not accept payments and are not intended to provide legal, medical, tax, financial, or other regulated advice.

^‍

AI Disclosure and Limitations

‍^‍

Services rely on artificial intelligence and automated systems.

• AI outputs are probabilistic and can produce unexpected, inaccurate, or inappropriate responses.
• BigBrain does not control real-time language generated by AI systems.
• BigBrain’s responsibility is limited to implementing reasonable configuration guidelines aligned with the intended agent role.
• Customer accepts all risk related to AI-generated interactions.

‍

No Advice and Hold Harmless

^‍

Agents are not designed to provide advice.

^‍

If an agent provides advice or guidance outside its intended scope, customer agrees BigBrain bears no responsibility.

^‍

Customer releases and holds BigBrain harmless from all claims arising from agent conversations, outputs, or interpretations.

^‍

Acceptable Use

^‍

Customer agrees to use services only for lawful purposes.

^‍

Prohibited uses include illegal activity, fraud, harassment, deception, impersonation, or violations of applicable law.

^‍

BigBrain may suspend or terminate service for prohibited use.

^‍

Compliance Responsibilities

^‍

BigBrain handles TCPA-related dialing logic, opt-in, and opt-out controls.

^‍

Customer is responsible for call recording consent, disclosures, and any jurisdiction-specific notice requirements.

^‍

Customer represents they have authority to receive and process calls routed to them.

^‍

Data, Recordings, and Transcripts

^‍

Calls, messages, recordings, and transcripts are stored for quality review, troubleshooting, and optimization.

• Data may be shared with technology partners strictly to deliver services.
• Customer data is not used to train general models.

Ownership

^‍

BigBrain retains ownership of all prompts, call flows, logic, configurations, and system designs.

^‍

Customer receives a limited right to use services during an active subscription.

^‍

Availability

^‍

Target availability is 99% with 24x7 operation.

^‍

Unplanned outages and maintenance may occur.

^‍

BigBrain is not responsible for downtime caused by third-party systems.

^‍

No Performance Guarantees

^‍

BigBrain makes no guarantees related to revenue, conversions, accuracy, customer satisfaction, or outcomes.

^‍

Services are provided as is.

^‍

Human Handoffs

^‍

Transfers and human follow-ups are customer responsibilities.

^‍

BigBrain is not liable for missed calls, transfers, or staffing failures.

^‍

Billing and Payments

^‍

Services are billed on an auto-renewing subscription.

^‍

Usage beyond included amounts is billed per minute.

^‍

Late payments may pause service and incur a ten percent late fee.

^‍

Cancellation and Refunds

^‍

Cancellation takes effect on the first day of the next billing cycle.

^‍

No minimum term required.

^‍

Refunds apply only if BigBrain fails to meet service obligations.

^‍

Setup fees are non-refundable once work begins.

^‍

Suspension and Termination

^‍

BigBrain may suspend or terminate service for non-payment, abuse, compliance risk, legal exposure, or operational threats.

^‍

Limitation of Liability

^‍

Liability is capped at fees paid by customer in the prior thirty days.

• No liability for indirect, incidental, special, or punitive damages.
• No liability for AI-generated language, interpretations, or outcomes.

Indemnification

^‍

Customer agrees to indemnify, defend, and hold harmless BigBrain from all claims, damages, fines, penalties, and costs arising from use of the services.

^‍

This includes regulatory claims, TCPA claims, and third-party disputes.

^‍

Marketing Rights

^‍

BigBrain may list customer name and logo for marketing and promotional purposes unless requested otherwise in writing.

^‍

Governing Law and Disputes

^‍

This agreement is governed by California law.

^‍

All disputes are resolved by binding arbitration.

^‍

Class actions are waived.