Terms & Conditions

1.Introduction

Welcome to BINZARD LLC ("we", "our", "us"). These terms and conditions govern your use of our website www.binzard.com (the "Site") and any services or products offered by us (the "Services").

Where we enter into a separate written agreement, statement of work, or order form with a customer, that agreement governs the Services described in it. These terms apply to everything not covered by such an agreement, and to all use of the Site.

2.Services offered

We offer a variety of services including but not limited to:

• AI voice agents for inbound and outbound telephone calls
• AI solutions and workflow automation
• Web Development
• Mobile Development
• Custom Software
• Software Maintenance and Support
• Cloud Solutions

3.Acceptance of terms

By accessing or using the Site, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not agree with any part of these terms, please do not use our Site.

If you accept these terms on behalf of a company or other organisation, you represent that you have the authority to bind that organisation.

4.AI voice agent services

Our AI voice agents place and receive telephone calls, hold spoken conversations, capture information, and take configured actions such as booking appointments or writing records to your systems. Calls may be recorded and transcribed as described in our Privacy Policy.

You configure and approve what your agent says and does before it goes live. You are the party responsible for the content of those conversations, for the accuracy of the information you give the agent, and for the outcome of the actions you authorise it to take. We provide the technology; we do not control the business decisions you encode in it.

Agents are configured to escalate to a human under rules you define. Escalation depends on the availability of the personnel and telephone routing you provide.

5.Your compliance responsibilities

Telephone calling is heavily regulated in the United States. If you use our Services to place or receive calls, you are responsible for ensuring that your use complies with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state do-not-call rules, state call-recording and consent laws, and any rules requiring disclosure that a caller is an artificial or prerecorded voice.

In particular, you are responsible for:

• Consent. Obtaining and maintaining records of any prior express consent, or prior express written consent, required before an automated or artificial voice call may be placed to a given number.
• Do-not-call scrubbing. Maintaining your internal do-not-call list, honouring opt-out requests promptly, and scrubbing your calling lists against applicable do-not-call registries.
• Call recording. Ensuring that recording is disclosed and that any consent required in the jurisdictions where you and the called party are located has been obtained. Some states require the consent of every party to the call.
• AI disclosure. Determining whether the law that applies to you requires you to disclose that the caller is an AI, and configuring the agent accordingly. We recommend clear disclosure in all cases.
• Calling windows and content. Complying with permitted calling hours and with the rules that govern the content of your calls in your industry.

We will configure the Services to support your compliance choices, and we can advise on how the technology is commonly configured, but we do not provide legal advice and we are not responsible for determining what the law requires of your business. You should obtain your own legal advice before launching an outbound calling programme.

6.Acceptable use

You may not use the Services to:

• Place unlawful robocalls, or any call in violation of the TCPA or applicable do-not-call rules.
• Impersonate any person or organisation, or misrepresent your affiliation with one.
• Engage in fraud, phishing, vishing, or any attempt to obtain money, credentials, or personal information by deception.
• Harass, threaten, or abuse any person, or call any number repeatedly after being asked to stop.
• Clone or synthesise the voice of a real person without that person's documented permission.
• Spoof caller ID with intent to defraud, cause harm, or wrongfully obtain anything of value.
• Attempt to reverse engineer, resell, or circumvent usage limits of the Services.
• Violate any applicable law or regulation, or infringe the rights of any third party.

We may suspend or terminate the Services immediately, without refund, if we reasonably believe they are being used in breach of this section.

7.AI output and accuracy

The Services use artificial intelligence, including speech recognition, speech synthesis, and language models. These systems are probabilistic. They can mis-hear a caller, mis-transcribe a word, or generate a response that is incorrect, incomplete, or unsuitable, even when correctly configured.

We do not warrant that the output of an AI voice agent will be accurate, complete, or free from error. The Services are business automation tools. They do not provide legal, financial, medical, or other professional advice, and they must not be used as the sole basis for any decision that affects a person's health, safety, legal rights, or financial position, or for any emergency or life-safety purpose.

You are responsible for reviewing agent performance, for setting appropriate escalation rules, and for maintaining human oversight proportionate to the risk of the calls your agent handles.

8.User responsibilities

You agree to use the Site and our Services in accordance with all applicable laws and regulations. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

You are responsible for the accuracy, legality, and quality of any data, scripts, contact lists, or other materials you provide to us, and you confirm that you have the right to provide them.

9.Quotes, fees and payment

Pricing varies based on the specific requirements of your solution. We provide a free quote and a complimentary consultation before any engagement begins. Fees, payment schedule, and scope are set out in the quote, statement of work, or order form we agree with you.

Unless otherwise agreed in writing, fees are payable in US dollars, invoiced amounts are exclusive of applicable taxes, and usage-based charges (such as per-minute telephony or AI processing) are billed in arrears. We may suspend Services for accounts that remain unpaid after written notice.

10.Availability and support

We aim to keep the Services available and performing well, but we do not guarantee uninterrupted or error-free operation unless a specific service level is agreed in writing. The Services depend on third-party telephony, AI, and cloud infrastructure, and on your own systems and network.

We may perform maintenance, and may modify or discontinue features, giving reasonable notice where a change would materially reduce functionality you rely on.

11.Term and termination

These terms apply for as long as you use the Site or the Services. Either party may terminate an engagement as set out in the applicable agreement, or on reasonable written notice where no term is specified.

We may suspend or terminate access immediately for breach of section 5 or section 6, for non-payment, or where required by law. On termination you remain liable for fees accrued up to the termination date. You retain ownership of your telephone numbers and your call data, and we will provide a reasonable opportunity to export it.

12.Intellectual property

All content on the Site, including text, graphics, logos, and images, is the property of BINZARD LLC or its licensors and is protected by copyright and other intellectual property laws. You may not use, modify, reproduce, or distribute any content from the Site without our prior written consent.

You retain ownership of the data, content, and materials you provide to us. We retain ownership of our underlying tools, frameworks, know-how, and any general improvements to our platform. Ownership of custom deliverables is as set out in the applicable agreement.

13.Third-party services

The Services integrate with third-party products such as telephony carriers, AI providers, calendars, and CRM systems. Your use of those products is governed by their own terms, and their availability and performance are outside our control. We are not liable for the acts, omissions, or outages of third-party providers.

14.Disclaimer of warranties

We strive to provide accurate and up-to-date information on the Site, but we make no warranties or representations about the accuracy, reliability, or completeness of this information. Your use of the Site is at your own risk.

To the maximum extent permitted by law, the Site and the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

15.Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or lost or corrupted data, whether or not the possibility of such damages was known.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Site or the Services will not exceed the total amount you paid us for the Services giving rise to the claim in the twelve months immediately preceding the event that gave rise to it.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

16.Indemnification

You agree to indemnify, defend, and hold harmless BINZARD LLC and its officers, employees, and contractors from and against any claims, damages, penalties, losses, and reasonable legal costs arising out of or relating to:

• Your breach of these terms, including sections 5 and 6.
• Any claim that calls placed or received using the Services on your behalf violated the TCPA, do-not-call rules, or call-recording or consent laws.
• The content, scripts, data, or contact lists you provided.
• Your infringement of the rights of any third party.

17.Governing law and venue

These terms and conditions are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions.

You and BINZARD LLC agree that the state and federal courts located in the State of Florida have exclusive jurisdiction over any dispute arising out of or relating to these terms or the Services, and each party consents to the personal jurisdiction of those courts.

Before filing a claim, each party agrees to try in good faith to resolve the dispute informally by contacting the other using the details in section 20.

18.General

• Severability. If any provision of these terms is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control, including carrier or cloud provider outages, natural disasters, and acts of government.
• Entire agreement. These terms, together with any signed agreement and our Privacy Policy, are the entire agreement between you and us on this subject.

19.Changes to these terms

We reserve the right to update or modify these terms and conditions at any time. Any changes will be effective immediately upon posting on the Site, and we will revise the "Last updated" date at the top of this page. Where a change materially affects an active engagement, we will give reasonable notice to the customer concerned. Your continued use of the Site or the Services after any such change constitutes your acceptance of the new terms and conditions.

20.Contact us

If you have any questions or concerns about these terms and conditions, please contact us at:

See also our Privacy Policy.