BigBrain AI, Incorporated 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 AI, Incorporated, a California corporation ("BigBrain"), and the customer purchasing services ("Customer"). The sections titled "Website and demo lines" and "Privacy" also apply to anyone who visits our websites or calls our phone lines.

Contact: contact@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.

Website and demo lines

You may use our websites and demo lines for lawful purposes only.

Our demo lines are demonstrations. During a demo, an AI agent may roleplay as the front desk of a business you describe. Any business name, policy, price, appointment, or other detail used in a demo is illustrative. It is not an offer of service from any business and does not create an appointment or obligation.

Calls to our phone lines, including demo lines, are answered by AI and are recorded and transcribed as described in our Privacy Policy. By continuing a call, you consent to this.

Information on our websites is provided for general informational purposes and may change without notice.

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

Customer is responsible for call recording consent, disclosures, and any jurisdiction-specific notice requirements for calls handled on Customer's behalf.

Customer represents it has authority to receive and process calls routed to it.

Privacy

Our Privacy Policy at gobigbrain.ai/privacy-policy explains how we handle personal information and is part of these terms.

For calls, messages, and data handled on Customer's behalf, Customer decides what is collected and how it is used, and is responsible for providing any required privacy notices to its own callers and customers. BigBrain processes that data only to provide the services.

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's responsibility.

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 is required.

Refunds apply only if BigBrain fails to meet its 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's name and logo for marketing and promotional purposes unless Customer requests otherwise in writing.

Governing law and disputes

This agreement is governed by California law.

All disputes are resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Class actions are waived.

Changes to these terms

BigBrain may update these terms. Updated terms are posted on this page with a new date. Continued use of the services after an update means Customer accepts the updated terms. Changes to pricing for an active subscription take effect at the next billing cycle after notice.

General

If any part of these terms is found unenforceable, the rest remains in effect. These terms, together with any order or checkout terms agreed with Customer, are the entire agreement between BigBrain and Customer about the services.