Terms of service & services agreement
Effective Date: May 20, 2026
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 22, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS, AND WHICH INCLUDES A WAIVER OF YOUR RIGHT TO A JURY TRIAL.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), OR BY ELECTRONICALLY OR PHYSICALLY EXECUTING AN ORDER, STATEMENT OF WORK, CHECKOUT FORM, OR ENROLLMENT FOR ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY, REFUND POLICY, MOBILE MESSAGING TERMS, AND AI TRANSPARENCY APPENDIX. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the websites at BusinessNitrogen.ai, BusinessNitrogen.com, and any subdomains thereof (collectively, the “Site”), and all products, programs, services, content, learning portals, mobile applications, AI-powered tools, SEO services, Answer Engine Optimization (“AEO”) services, courses, coaching, and other offerings made available through the Site (collectively, the “Services”). Business Nitrogen (the “Company,” “we,” “us,” or “our”) is operated by Monetize, LLC, a Wyoming limited liability company registered in Georgia. References to “You,” “Your,” “Customer,” or “User” refer to the individual or entity accessing or using the Services.
These Terms apply to both (a) individual consumers who purchase digital courses, coaching, memberships, or other consumer-facing programs (“Course Customers”), and (b) businesses and professionals who engage the Company for SEO, AEO, AI-agent, done-for-you, consulting, or other subscription-based business services (“Subscription Customers”). Provisions specifically applicable to one customer type are identified as such; all other provisions apply equally to both.
These Terms do not alter the terms of any other written agreement You may have with the Company. In the event of any conflict between these Terms and any other written agreement signed by both parties and dated after the Effective Date of these Terms, the other written agreement shall control to the extent of the conflict, unless these Terms expressly state otherwise.
All questions or comments about the Services should be directed to [email protected].
1. Modifications to These Terms
We reserve the right to change or modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice by (a) sending an email to the address associated with Your account, (b) providing prominent notice through the Services, and (c) updating the “Effective Date” above. Notice shall be deemed given upon the earlier of (i) actual receipt by You, or (ii) five (5) business days after email is sent to the address associated with Your account, provided that Company has not received a delivery failure notification.
Your continued use of the Services following the effective date of the amended Terms will confirm Your acceptance of the amended Terms. Changes will be effective immediately upon notice for new users and thirty (30) days after notice for existing users. If You do not agree to the amended Terms, You may discontinue accessing or using the Services and, if applicable, cancel Your subscription in accordance with Section 6.
For Customers with active paid subscriptions or payment plans, material changes to payment terms, refund policies, or dispute resolution provisions shall not apply to the current subscription term but shall apply upon renewal, provided that Company provides notice of such changes at least thirty (30) days prior to renewal. Customers may cancel before renewal by providing written notice to [email protected] in accordance with Section 6.
Transition of Existing Customers. For Customers enrolled in AEO, SEO, or other subscription Services as of the Effective Date of these Terms, continued use of the Services following email notice of these Terms (or any amended Terms) shall constitute acceptance of these Terms. No re-execution of a separate written agreement is required, except where Company expressly requests one for a specific engagement.
2. Privacy Policy
Please refer to our Privacy Policy, which is incorporated by reference into these Terms, for information about how the Company collects, uses, and discloses information about You.
3. Eligibility
The Services are not targeted toward, nor intended for use by, anyone under the age of eighteen (18). By using the Services, You represent and warrant that You: (a) are at least 18 years of age; (b) have not been previously suspended from using the Services; (c) have full power and authority to enter into these Terms and, in doing so, will not violate any other agreement to which You are a party; and (d) if entering into these Terms on behalf of a business entity, are authorized to bind that entity to these Terms.
4. Account
To access certain features of the Services, You may be required to register for an account. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update Your account information; (c) maintain the security of Your account and accept all risks of unauthorized access; and (d) immediately notify us at [email protected] if You discover or suspect any security breach related to Your account.
5. Services and Performance
5.1 Offer and Acceptance
The Services You select during checkout, enrollment, or in a Statement of Work constitute an offer by You to pay Monetize, LLC the amounts and on the terms stated in exchange for the Services. The Company accepts Your offer only upon commencing performance of the Services. The Company is not obligated to accept any offer and reserves the right to reject or reverse payment in its sole discretion; Your payment does not constitute the Company’s acceptance of Your offer.
5.2 Performance Standard
The Company shall provide the Services in a competent and professional manner in accordance with generally accepted industry practices and procedures for services of a similar nature. Nothing in these Terms shall be interpreted as imposing an obligation upon the Company to develop new Services, or upon the Customer to acquire additional Services.
5.3 Modifications to Services
The Company reserves the right to modify the manner in which it renders the Services at any time, provided that any such changes do not materially adversely affect the Services already paid for. The Company also reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof. You agree that the Company will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
5.4 Change in Law
Any changes to the Services that are necessary to comply with changes in law or regulation that (a) increase the Company’s cost of providing the Services or (b) impose, modify, or change taxes applicable to the Services may be passed through to the Customer upon thirty (30) days prior written notice.
5.5 No Resale
Except with the Company’s express written consent, which may be withheld in its sole discretion, You shall use the Services solely for Your own internal business or personal purposes, as applicable, and shall not, directly or indirectly, resell, sublicense, or otherwise provide the Services or any portion thereof to any third party.
5.6 Subcontracting
The Company may employ third-party, independent contractors to perform any of its obligations under these Terms.
5.7 Third-Party Obligations
You shall adhere to all obligations, restrictions, and conditions imposed upon the Company by third parties in connection with the Services that the Company communicates to You in writing (including, without limitation, terms of platforms or networks used to deliver the Services).
5.8 Reliance on Customer-Provided Data
In performing the Services, the Company shall be entitled to rely upon the data, information, instructions, access credentials, content, brand guidelines, and other materials provided by You. The Company shall not be liable for any damages, claims, causes of action, or other losses resulting from the Company’s performance of the Services in accordance with information or instructions received from You. If any error results from incorrect data, information, or instructions supplied by You, You shall be responsible for discovering and reporting such error and supplying the information necessary to correct it, in which case the Company shall use commercially reasonable efforts to correct the error at Your sole expense.
6. Terms of Sale and Payment
6.1 Pricing; Payment Plans
The price for the Services will be made available at the time of purchase or set forth in the applicable order, checkout page, or Statement of Work, and shall be binding for the duration of the applicable subscription term or payment plan. You may pay in full at the time of purchase or pursuant to any installment or subscription plan that the Company makes available.
6.2 Authorization for Automatic Payment
You authorize the Company to charge Your designated payment method (credit card, debit card, bank account, or other electronic payment account) automatically on the applicable billing date and each billing period in the amount of Your outstanding balance, without prior notice. This authorization shall remain in effect until You revoke it in writing at least fifteen (15) days before the next billing date, until all installment payments are completed, or until the Company terminates Your access in accordance with these Terms. If the billing date falls on a weekend or holiday, the payment may be executed on the next business day. For ACH debits, You understand that funds may be withdrawn from Your account immediately on the billing date.
YOU CERTIFY THAT YOU ARE AN AUTHORIZED USER OF THE PAYMENT METHOD AND WILL NOT DISPUTE THE AUTOMATIC PAYMENTS THAT ARE AUTHORIZED HEREUNDER WITH YOUR BANK, CREDIT CARD COMPANY, OR TRANSACTION PROCESSOR, EXCEPT TO THE EXTENT SUCH DISPUTE REFLECTS A BONA FIDE ERROR ADDRESSED FIRST WITH THE COMPANY IN ACCORDANCE WITH SECTION 22.
Cancellation of the automatic payment authorization does not relieve You of Your obligation to pay all amounts owed for Services already provided or for the full amount of any installment plan or minimum-term commitment that has not yet been satisfied. You agree to keep Your payment method information current, complete, and accurate at all times.
6.3 Valid Payment Methods
Only valid payment methods acceptable to us or our designated payment processors may be used. By submitting Your order, You represent and warrant that You are authorized to use the payment method and authorize us, or our designated payment processors, to charge that method. If Your payment method cannot be verified or is invalid, Your order may be suspended or canceled automatically.
6.4 NSF and Late Payment
In the case of any ACH transaction, credit card charge, or other payment that is rejected, returned, declined, charged back, or otherwise unpaid for insufficient funds or any other reason attributable to You, the Company may, at its discretion, attempt to process the charge again within thirty (30) days, and You agree to a returned-payment fee of thirty-five dollars ($35.00) for each such failed transaction. Any amount due under these Terms that is not paid when due shall thereafter bear interest at a monthly rate equal to one percent (1.0%), or the maximum rate permitted by applicable law, whichever is less. The Company may charge such fees and interest to Your payment method in accordance with Section 6.2.
6.5 Reimbursement of Expenses
For Subscription Customers and any custom or done-for-you Services, You shall be responsible to pay all additional, pre-approved or reasonably necessary out-of-pocket costs incurred by the Company on Your behalf in providing the Services (e.g., third-party software seats, paid media spend, premium API usage, or stock-content licenses).
6.6 Taxes
All fees are exclusive of any applicable sales, use, value-added, personal property, excise, services, or other taxes (collectively, “Taxes”). You are responsible for all Taxes imposed by law in connection with Your purchase, other than taxes based on the Company’s net income. If You do not pay any such Tax on a transaction, You will be responsible for it in the event it is later determined to be payable, and the Company reserves the right to collect such Taxes from You at any time.
6.7 Errors in Charges
In the event of an error that results in an incorrect charge, the Company reserves the right to correct such error and revise Your order accordingly (including by charging the correct price) or to cancel the order and refund any erroneous amount charged. In lieu of a refund, the Company may opt to provide You with a service credit of equal value.
6.8 No Refunds; All Sales Final
Except as expressly provided in our published Refund Policy or as required by applicable law that cannot be waived, ALL SALES ARE FINAL. The Company does not offer refunds or cancellations outside of the limited circumstances described in the Refund Policy. To the extent any refund is available under the Refund Policy, You must submit a written request to
[email protected] within the time period specified therein. In no instance will any refund exceed the total amount You have paid to the Company for the specific product or service for which the refund is requested, and refunds shall be calculated net of any discounts, promotional credits, or special pricing applied to the original purchase. Approved refunds will be issued to the original payment method within thirty (30) days of approval.
There are no refunds for live coaching sessions after a session has started. There are no prorated refunds for partial subscription periods. If You select an installment payment plan, You will be obligated to complete all installment payments regardless of whether You continue to use the Services.
6.9 Course Programs — 30-Day Cancellation Window
Course Customers enrolled in a subscription-based course or membership program may cancel within thirty (30) days after the subscription period begins by emailing [email protected]. If You cancel within this 30-day window, Your access to the Subscription Services will terminate immediately and, where the Refund Policy expressly so provides, You may be eligible for a refund. If You cancel after the 30-day window, You may continue to access the Service until the end of the then-current subscription term and Your subscription will not renew thereafter; You will not be eligible for any prorated refund of the subscription fee for the then-current period.
6.10 AEO and SEO Subscription Services — Minimum Term and Cancellation
For Customers enrolled in monthly AEO, SEO, or other Subscription Services, the following terms apply in addition to those above:
Initial Minimum Term. Customer agrees to a non-cancelable initial minimum term of four (4) months from the date Services commence (the “Initial Term”). Customer remains obligated to pay all monthly fees for the full Initial Term regardless of whether Customer continues to use the Services.
Renewal. After the Initial Term, the subscription will automatically renew on a month-to-month basis at the then-current rate until canceled in accordance with this Section.
Cancellation Notice. To cancel after the Initial Term, Customer must provide at least thirty (30) days’ prior written notice to [email protected]. Cancellation will be effective thirty (30) days after the Company’s receipt of the notice, and Customer remains obligated to pay all fees that accrue during the notice period. The Company will send a confirmation email within fourteen (14) business days of receiving the cancellation notice.
Nature of SEO/AEO Services. Customer acknowledges that SEO and AEO are inherently long-term, results-vary services dependent on third-party search engines, AI answer engines, large language model platforms, and other parties outside the Company’s control. The Company makes no guarantee of any specific ranking, traffic, citation, conversion, revenue, or business outcome. No refunds will be issued based on Customer dissatisfaction with results.
No Pro-Rated Refunds. There are no pro-rated or partial-month refunds for cancellation of AEO/SEO Subscription Services.
6.11 Failure to Pay; Suspension
A failure to pay any amount due (including any installment payment or subscription fee) within ten (10) days of the due date, or following a single failed payment attempt, may result in the immediate suspension or termination of all Services. Upon suspension or termination, You will no longer be able to access Your account or any Services. To maintain access, Your account and all payments must be current and in good standing for all programs and services for which You have registered. If Your account is suspended or terminated for failure to pay: (a) You will not receive any refund for amounts already paid except at the Company’s sole discretion; (b) You will remain obligated to pay all outstanding amounts owed, including the full balance of any installment plan or Initial Term commitment; and (c) any scheduled automatic renewals will not occur. The Company reserves the right to pursue collection of any amounts owed, including reasonable collection costs and attorneys’ fees to the extent permitted by law.
6.12 Automatic Renewal Terms
Certain Services are ongoing subscriptions. By enrolling, You agree that a subscription fee will be billed at the price You agreed to when subscribing, to the payment method You provide, on a recurring basis until canceled in accordance with Sections 6.9 or 6.10, as applicable. If You do not wish for Your account to renew automatically, You must cancel in accordance with the applicable provision above.
6.13 Access to Services
Upon payment in full for a program advertised as “unlimited access,” You will receive access to the program for the duration of the time the Company operates that specific program, subject to these Terms. The Company reserves the right to discontinue programs and adjust the Site and programs at its sole discretion; where available, You should download any material You want to keep, as You will no longer have access after access ends. For Subscription Services, You will only receive access during the term of Your subscription, subject to the good-standing requirement above.
7. Intellectual Property
7.1 Company IP
Unless otherwise indicated, the Services, including all content, video, audio, text, software, methodologies, frameworks, prompts, templates, models, and other materials on or made available via the Services, are the proprietary property of the Company and its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. “Company Intellectual Property” means all such intellectual property, including all trademarks, service marks, copyrights, patents, trade secrets, domain names, software, source code, contract forms, client lists, marketing surveys or other information, and all derivative works of any of the foregoing.
You acquire no ownership rights to any Company Intellectual Property, and the Company reserves all rights not expressly granted in these Terms.
7.2 Limited License to You
You are granted a limited, non-transferable, non-exclusive, revocable license to access and use the Services solely for Your own personal or internal business purposes (as applicable). This license does not include the right to: (a) resell, lease, rent, or sublicense any Services or any access thereto; (b) copy, distribute, publicly perform, or publicly display any Services or related content; (c) modify or create derivative works of the Services or related content; (d) download (other than page caching) content except as expressly permitted; or (e) use the Services other than for their intended purposes. Except as explicitly stated, nothing in these Terms confers any license to intellectual property by estoppel, implication, or otherwise.
7.3 Developments
Any services, technology, processes, methods, software, code, content, prompts, models, training data, workflows, dashboards, reports, audits, or enhancements to any Company Intellectual Property created or developed by the Company in the course of providing the Services (collectively, “Developments”), whether developed solely by the Company or jointly with any other party (including the Customer), and including any Developments requested or suggested by the Customer, shall be the sole and exclusive property of the Company and shall not be considered “works made for hire” for the Customer. Customer hereby assigns to the Company all right, title, and interest in and to any such Developments. The Customer agrees to execute and deliver all documents and do all acts the Company considers reasonably necessary to secure such rights in the Company.
7.4 License of Customer IP to Company
To the extent necessary for the Company to perform the Services, Customer hereby grants to the Company a non-exclusive, non-transferable, royalty-free, worldwide license to use, reproduce, modify, display, and otherwise exploit any of Customer’s intellectual property, brand assets, content, and data (whether owned or licensed by the Customer) solely for purposes of providing the Services. All right, title, and interest in Customer’s intellectual property shall remain with the Customer.
7.5 Trademarks
David Asarnow, Dave Asarnow, BusinessNitrogen, BusinessNitrogen.AI, Business Nitrogen, all course and program names, Company logos, the look and feel of the Services, and any other product or service name, logo, or slogan contained in the Services are trademarks, service marks, and/or trade dress of the Company or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the Company’s prior written authorization.
“David Asarnow” and “Dave Asarnow” are brand names. References in these Terms or elsewhere to “David Asarnow,” “Dave Asarnow,” or “Business Nitrogen” refer to the Company and its intellectual property, services, and content. Monetize, LLC is the legal entity responsible for providing the Services described in these Terms.
8. Confidentiality and Non-Solicitation
8.1 Confidential Information
“Confidential Information” means all confidential or proprietary data, information, know-how, and documentation not generally known to the public, and any tangible embodiments thereof, including without limitation business plans, financial information and projections, agreements with third parties, drawings, designs, specifications, estimates, blueprints, plans, data, reports, models, memoranda, notes, sketches, artwork, mock-ups, letters, manuals, patents, patent applications, trade secrets, research, products, services, suppliers, customers, markets, software, developments, inventions, processes, technology, intellectual property, engineering, hardware configuration, marketing, operations, pricing, distribution, licenses, budgets, or finances. Confidential Information also includes course content, frameworks, methodologies, prompts, and templates of the Company, and the terms (but not the existence) of these Terms or any Statement of Work. “Disclosing Party” means the party disclosing Confidential Information; “Receiving Party” means the party receiving it.
Confidential Information does not include information that (i) is or becomes generally available to the public without breach of these Terms; (ii) was available to the Receiving Party on a non-confidential basis prior to its disclosure; (iii) becomes available to the Receiving Party from a third party that is not subject to a confidentiality obligation; (iv) is independently developed by the Receiving Party without reference to the Confidential Information; or (v) is required to be disclosed pursuant to judicial order or compulsion of law, provided the Receiving Party gives prompt notice and cooperates, at the Disclosing Party’s expense, to limit disclosure.
8.2 Duty of Confidentiality
The Receiving Party shall: (a) hold the Confidential Information in strict confidence; (b) take all reasonable steps to protect its confidentiality and ensure compliance by its officers, directors, employees, contractors, agents, and representatives; (c) not use such Confidential Information except for the purpose of performing its obligations under these Terms; (d) restrict disclosure to those personnel and professional advisors with a need to know, who are informed of and bound by confidentiality obligations at least as protective as those herein (“Permitted Disclosees”); and (e) not modify, reverse engineer, decompile, create derivative works from, or disassemble any Confidential Information. Each party shall be responsible for any breach by its Permitted Disclosees. Obligations under this Section 8.2 shall survive termination or expiration of these Terms for a period of three (3) years, except that obligations with respect to trade secrets shall survive for so long as the information remains a trade secret under applicable law.
8.3 Return or Destruction
Upon the earlier of the Disclosing Party’s request or the termination or expiration of these Terms, the Receiving Party shall, at the Disclosing Party’s option, either return or certify destruction of all copies of the Confidential Information.
8.4 Equitable Relief
You acknowledge that unauthorized disclosure or use of Confidential Information may cause immediate and irreparable injury, and that the non-breaching party shall be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, including temporary restraining orders, preliminary injunctions, and permanent injunctions, without the necessity of posting a bond (or if a bond is required, the parties agree that $1,000 shall be sufficient) and without proof of actual monetary damages.
8.5 Non-Solicitation
During the term of these Terms or any Statement of Work and for twelve (12) months thereafter (the “Restricted Period”), Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, hire, solicit, or recruit for employment, or provide to any recruiter, headhunter, or other person the contact or employment information of, any present or former employee or subcontractor of the Company who has been involved in the subject matter of these Terms within twelve (12) months prior to such solicitation or hiring, without the Company’s prior written consent (which may be withheld in its sole discretion). If Customer breaches this Section 8.5, Customer shall pay the Company liquidated damages equal to one hundred percent (100%) of the annualized gross compensation most recently earned by such person from the Company. The parties agree this amount is reasonable and is not a penalty.
9. User Content
The Services may include discussion forums, communities, profiles, comments, or other interactive features (collectively, “Interactive Areas”), in which You or other users may create, post, transmit, or store text, photos, video, graphics, audio, or other content (“User Content”). You agree that You are solely responsible for Your User Content and use of the Interactive Areas, and that You use them at Your own risk.
By submitting or posting User Content, You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content via the Services and any other medium. You represent and warrant that You own or control all rights in Your User Content or otherwise have the necessary rights to grant the foregoing license.
You agree not to post, upload, transmit, distribute, store, create, or otherwise publish any User Content that:
is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
contains or depicts any statements, remarks, or claims that do not reflect Your honest views and experiences;
impersonates, or misrepresents Your affiliation with, any person or entity, or contains any false, inaccurate, or misleading information;
contains any unsolicited promotions, political campaigning, advertising, or solicitations;
contains any private or personal information of a third party without that party’s consent;
contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
is, in our sole judgment, objectionable, restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or may expose the Company or its users to harm or liability of any type.
The Company is not responsible or liable for any User Content. We have the right (but not the obligation) to monitor Interactive Areas and to remove or refuse any User Content at our sole discretion.
10. User Conduct
You agree that You will not use the Services in violation of any law, contract, intellectual property right, or other third-party right. You further agree not to:
use the Services in any manner that could damage, disable, overburden, or impair the Services;
send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for purposes of sending commercial communications;
use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data, including without limitation for the purpose of training any artificial intelligence model;
introduce to the Services any virus, trojan, worm, logic bomb, or other harmful material;
circumvent or attempt to circumvent any measures employed to prevent or limit access to any area, content, or feature of the Services;
use or attempt to use another’s account, or grant any third party any right to access Your account, without authorization from the Company;
engage in any harassing, intimidating, predatory, or stalking conduct;
develop any third-party applications that interact with User Content or the Services without our prior written authorization; or
frame the Services or otherwise make it appear that You have a relationship with or endorsement by the Company.
11. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users or account holders who are deemed to be repeat infringers. The Company may also limit access to the Services and/or terminate the account of any user who infringes any intellectual property right of others, whether or not there is repeat infringement.
If You believe that anything on the Services infringes a copyright that You own or control, You may file a notification of such infringement with our Designated Agent:
Designated Agent: David Asarnow
Email: [email protected]
Mailing Address: 4455 Lower Roswell Road, #681052, Marietta, GA 30068
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If You knowingly misrepresent in Your notification that material or activity is infringing, You may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our reliance on such misrepresentation.
12. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray the Company or the Services in a false, misleading, derogatory, or defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic to link to the Site without the Company’s express written permission, nor may You frame, mirror, or otherwise enclose any Company trademark, logo, or proprietary information.
13. Third-Party Content, Advertisements, and Promotions
The Company may provide third-party content on the Services, including advertisements, promotional offers, and links to third-party websites (collectively, “Third-Party Content”). The Company does not control, endorse, or adopt any Third-Party Content and makes no representation or warranty regarding it. You acknowledge that the Company is not responsible for any Third-Party Content and undertakes no responsibility to update or review it. Your business dealings with, or participation in promotional offers of, any third party are solely between You and that third party. When You leave the Services, our Terms and policies no longer govern.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND BUSINESS-DEVELOPMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL, TAX, MEDICAL, OR OTHER PROFESSIONAL ADVICE. THE SERVICES SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (B) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY PARTICULAR RESULT, RANKING, TRAFFIC, REVENUE, OR BUSINESS OUTCOME WILL BE ACHIEVED.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SEO, AEO, AI-POWERED FEATURES, AI VOICE OR MESSAGING SYSTEMS, COURSE CONTENT, COACHING, AND THE MESSAGING SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, QUIET POSSESSION, AND UNINTERRUPTED OPERATION. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ANY MESSAGES WILL BE DELIVERED TIMELY OR AT ALL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
15. Indemnification
15.1 Your Indemnity to the Company
You agree to defend, indemnify, and hold harmless the Company, our affiliates, partners, authorized third-party service providers, independent contractors, service providers, and consultants, and our and their respective members, managers, directors, officers, employees, agents, shareholders, and attorneys (collectively, the “Company Parties”), from and against any and all claims, damages, costs, liabilities, judgments, settlements, and expenses (including reasonable attorneys’ fees and costs of investigation and litigation) arising out of or related to:
Your use of the Services, including any SEO, AEO, AI-powered, coaching, course, or Messaging Services;
any feedback, content, or User Content You provide;
Your breach of any of these Terms, including the Mobile Messaging Terms and AI Transparency Appendix;
Your violation of the rights of any third party, including intellectual property, privacy, publicity, or contract rights;
Your provision of inaccurate, false, or misleading information, including providing any mobile number, email address, payment information, or third-party credential that You do not own or are not authorized to use;
any violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state consumer protection laws, or similar laws arising from Your conduct, instructions, or lists You provide;
any claims by third parties who receive messages, calls, or communications at any number, address, or platform identifier You provided;
any claims arising from Your interactions with AI-powered features or from Your use, distribution, or reliance on AI-generated content;
any claims related to data, content, brand assets, or instructions You provide to the Services, including the Company’s compliance with Your instructions;
any claims based on Your use of the Services, including any results, outputs, or recommendations You implement; and
any breach by You or Your Permitted Disclosees of the confidentiality obligations in Section 8.
This indemnification obligation shall survive termination of these Terms.
15.2 Company’s Limited Indemnity to Customer
The Company agrees to indemnify, defend, and hold harmless the Customer (and its officers, directors, employees, agents, and representatives) from and against any third-party claim, suit, action, or proceeding brought against the Customer to the extent arising directly from the Company’s gross negligence or willful misconduct in its performance of the Services. The Company’s indemnification obligation under this Section 15.2 is the Customer’s sole and exclusive remedy for any third-party claim and is subject to the Limitation of Liability in Section 16.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS OR ANTICIPATED PROFITS, ROYALTIES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, REPUTATIONAL HARM, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ANY OTHER BUSINESS OR ECONOMIC LOSS, OR DAMAGES ARISING FROM DELAYED, FAILED, OR MISDIRECTED MESSAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY CLAIMS (INCLUDING UNDER THE TCPA OR STATE CONSUMER PROTECTION LAWS), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE MOBILE MESSAGING TERMS, THE AI TRANSPARENCY APPENDIX, OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, FOR AN OCCURRENCE OR SERIES OF OCCURRENCES DURING THE TERM OF THESE TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY CLAIMS, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EXCEED THE LESSER OF (I) EIGHTEEN THOUSAND DOLLARS ($18,000), OR (II) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(C) THE LIMITATIONS IN THIS SECTION 16 SHALL NOT APPLY TO ANY FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT ON THE PART OF THE COMPANY, OR TO ANY LIABILITY WHICH BY APPLICABLE LAW CANNOT BE LIMITED OR EXCLUDED.
You acknowledge and agree that the Company has offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and limitations of liability set forth in these Terms, that these provisions form an essential basis of the bargain between You and the Company, and that the Company would not be able to provide the Services on an economically reasonable basis without these limitations. You hereby waive any claim that these exclusions and limitations deprive You of an adequate remedy or cause these Terms to fail of their essential purpose. The existence of claims under more than one Statement of Work, program, or Service shall not enlarge or extend the limitations on liability.
17. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the Company and You only, and (with respect to indemnification) the Company Parties and Customer Indemnitees. These Terms are not intended to confer any right or benefit on any other third party or to create any obligations to any such third party.
18. Term and Termination
18.1 Term
These Terms commence upon Your first acceptance (by use of the Services, electronic acceptance, or signature, as applicable) and continue until terminated in accordance with this Section 18 or as otherwise provided herein. The term of any specific subscription, course, or engagement is governed by the applicable order, enrollment, or Statement of Work, including any Initial Term under Section 6.10.
18.2 Termination by Customer
Course Customers may terminate in accordance with Section 6.9. AEO/SEO Subscription Customers may terminate in accordance with Section 6.10. There shall be no partial or pro-rated month refunds.
18.3 Termination by Company
The Company reserves the right, without advance notice and in its sole discretion, to suspend or terminate Your license to use the Services and to block or prevent Your future access to and use of the Services if You materially breach these Terms, fail to pay any amount when due, or engage in any conduct that the Company reasonably determines may cause harm to the Company, its other customers, or any third party. The Company may also terminate any subscription or engagement for convenience upon thirty (30) days’ prior written notice.
18.4 Effect of Termination
Upon any termination, all licenses granted to You will immediately terminate, and all amounts owed by You shall become immediately due and payable. Sections that by their nature should survive termination (including Sections 5.8, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 19, 21, 22, 23, and 24) shall survive.
19. Force Majeure
Except for Your payment obligations to the Company, neither party shall be liable to the other for any delay or inability to perform its obligations under these Terms if such delay or inability arises from any act, event, or cause beyond its reasonable control, including without limitation acts of God, labor strikes, civil unrest, governmental orders, pandemics, epidemics, wars, terrorism, internet or telecommunications outages, third-party platform failures, or changes in the policies, algorithms, or availability of third-party search engines, AI answer engines, large language models, or other platforms used to deliver the Services. In the event of such delay or inability, the time for performance shall be extended for a period at least equal to the length of the delay.
20. Modifications to the Services
The Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that the Company will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
21. Non-Reliance; Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, Mobile Messaging Terms, AI Transparency Appendix, and any applicable order, enrollment, or Statement of Work, constitute the entire understanding between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, communications, representations, projections, statements, testimonials, case studies, marketing materials, or information, whether oral or written (collectively, “Representations”). Neither party shall rely on any Representations not explicitly set forth in these Terms. To the greatest extent permitted by law, each party waives all claims against the other arising out of Representations not explicitly set forth herein. No oral or other agreements or understandings between the parties regarding the subject matter hereof shall have any effect unless contained herein.
22. Mandatory Binding Arbitration; Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
22.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) (i) arising out of or related to a violation of Section 10 (User Conduct), (ii) in which either party seeks to bring an individual action in small claims court, or (iii) in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including copyrights, trademarks, trade names, logos, trade secrets, patents, or confidentiality obligations), You and the Company agree (a) to waive Your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services resolved in a court, and (b) to waive Your and the Company’s respective rights to a jury trial. Instead, You and the Company agree to arbitrate Disputes through final and binding individual arbitration.
22.2 Class Action Waiver
YOU AND THE COMPANY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND THE COMPANY AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND THE COMPANY AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
22.3 Rules and Venue
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for individual Course Customers) or its Commercial Arbitration Rules (for Subscription Customers and other business Customers), as applicable, except as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration shall be conducted in Cobb County, Georgia, or, at Your election, by telephone, video conference, or solely on the basis of documents submitted to the arbitrator. The arbitrator shall have the power to grant all legal and equitable remedies and award compensatory damages to the maximum extent permitted by applicable law, subject to the Limitation of Liability in Section 16.
22.4 Informal Dispute Resolution
Each party agrees to notify the other in writing of any Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by email to [email protected]. Your notice must include (a) Your name, postal address, telephone number, and the email address associated with Your account, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief You are seeking. If You and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either party may commence arbitration or, to the extent permitted by Section 22.1, file an action in small claims court.
22.5 One-Year Limitations Period
Except for Disputes arising out of or related to a violation of Section 10, Disputes in which either party seeks to bring an individual action in small claims court, or Disputes seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, You and the Company agree that any Dispute must be commenced or filed by You or the Company within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred.
22.6 Confidentiality of Arbitration
The arbitration shall be conducted confidentially. Neither party shall disclose the existence, content, or results of any arbitration except as may be required by law or for purposes of enforcement of the arbitration award.
22.7 Authority of Arbitrator
As limited by the Federal Arbitration Act, these Terms, and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims or preside over any type of class or representative proceeding.
22.8 Severability of Class Waiver
If any term, clause, or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 22 will remain valid and enforceable. The waivers set forth in Section 22.2 (Class Action Waiver) are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law. If the Class Action Waiver in Section 22.2 is held invalid or unenforceable as to any particular claim or relief, then that particular claim or relief (and only that particular claim or relief) shall be severed from the arbitration and litigated in the courts of competent jurisdiction designated in Section 23, with all other claims continuing in arbitration.
22.9 Thirty-Day Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted the terms of this Section 22 by writing to [email protected]. To be effective, the opt-out notice must include Your full name, the email address associated with Your account, and a clear statement of Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve Disputes in accordance with Section 23. Opting out of arbitration will not affect any other provision of these Terms, including the Class Action Waiver in Section 22.2, which shall remain in full force and effect.
23. Governing Law; Forum
These Terms and any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Georgia and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. For any Dispute that is not subject to arbitration under Section 22 (including any Dispute by a party that has validly opted out of arbitration, any action seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property, or any claim or relief that has been severed from arbitration), You and the Company agree that any such action shall be filed exclusively in the state or federal courts of competent jurisdiction located in Cobb County, Georgia (or, for intellectual-property disputes, Fulton County, Georgia), and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
24. Miscellaneous
24.1 Independent Contractors
The parties are independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or express or implied agency relationship between the parties. Neither party shall have the right to bind the other to any contract, agreement, liability, or obligation.
24.2 Non-Exclusive
These Terms are not an exclusive arrangement. The Company is not limited in entering into similar agreements with other customers, including competitors of the Customer.
24.3 Notices
Notices to the Company shall be sent by email to [email protected] and, where required for legal effect, by certified mail or recognized courier to 4455 Lower Roswell Road, #681052, Marietta, GA 30068, Attn: Legal. Notices to You will be sent to the email address associated with Your account.
24.4 Assignment
You may not assign or transfer Your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
24.5 Severability
If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Where possible, a court should reform any over-broad provision to the narrowest scope necessary to make it enforceable.
24.6 Binding Effect; Equitable Relief
These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors, and permitted assigns. The parties agree that the remedy at law for any actual or threatened breach of these Terms would be inadequate and that the non-breaching party shall be entitled to specific performance or injunctive relief, or both, in addition to any damages legally recoverable.
24.7 Waiver
No waiver of any provision of these Terms is binding unless made in writing and signed by a duly authorized representative of the waiving party. No failure or delay in enforcing any right shall be deemed a waiver.
24.8 Prevailing Party
If any legal action (including arbitration) is necessary to enforce or interpret the terms of these Terms, the prevailing party, as determined by the arbitrator or a court of competent jurisdiction, shall be entitled to recover from the non-prevailing party reasonable attorneys’ fees, costs, and expenses in addition to any other relief to which it may be entitled.
24.9 Cumulative Remedies
Except as otherwise expressly provided, all rights and remedies provided for in these Terms shall be cumulative and in addition to any other rights and remedies available at law or in equity.
24.10 Headings; Counterparts
The section headings are for convenience only and shall not affect the interpretation of these Terms. These Terms may be executed in one or more counterparts, including by faxed or electronic (including scanned-PDF) signatures, all of which shall constitute one and the same agreement.
24.11 Amendment
Amendments by individual signed agreement are governed by Section 24.10. Amendments of general application to the Services are governed by Section 1.
24.12 Survival
The rights and obligations of the parties in these Terms which, by their nature, should survive termination or expiration will so survive.
Appendix a — mobile messaging terms of service
These Mobile Messaging Terms (“Mobile Terms”) govern Your participation in SMS, MMS, RCS, WhatsApp, AI-voice, or other text- or voice-based messaging programs (collectively, the “Messaging Services”) operated by Monetize, LLC d/b/a Business Nitrogen. These Mobile Terms supplement and are incorporated into these Terms of Service. In the event of any conflict between these Mobile Terms and the main body of the Terms, these Mobile Terms shall control with respect to the Messaging Services.
BY OPTING IN TO OR USING THE MESSAGING SERVICES, YOU AGREE TO THESE MOBILE TERMS.
A.1 Voluntary Participation
Participation in the Messaging Services is voluntary and not a condition of purchase. You do not need to opt in to receive messages in order to use our website or purchase the Services.
A.2 Consent and Opt-In
By providing Your mobile number and affirmatively opting in (for example, by submitting a form, checking a box, or initiating a text or call), You consent to receive service-related and, where applicable, marketing messages and calls from Business Nitrogen, its affiliates, partners, and authorized third-party service providers acting on our behalf. Messages and calls may be sent using automated technology, including automated telephone dialing systems and artificial intelligence (including AI voice agents). Message frequency varies and may include up to twenty (20) outreach messages per month, though actual frequency may be higher or lower depending on Your account activity, Your engagement with the AI agent, and Your service needs. We obtain consent where required by applicable law, including the Telephone Consumer Protection Act (TCPA). You may withdraw consent at any time as described below.
A.3 Opt-Out and Help
You may opt out of receiving messages at any time by:
Replying STOP to any message
Using an unsubscribe link where available
Contacting us at [email protected]
After opting out, You will receive a one-time confirmation message. No further marketing messages will be sent unless You re-initiate contact and opt back in. We reserve the right to send transactional, service-related, or legally required messages even after opt-out (e.g., messages related to existing transactions, account security, system updates, or legal notices).
For help, reply HELP or contact us at [email protected].
A.4 Costs and Carrier
Message and data rates may apply. You are solely responsible for any charges imposed by Your wireless carrier, including text messaging fees, data usage charges, and roaming fees. Business Nitrogen is not responsible for any such charges. Wireless carriers are not liable for delayed or undelivered messages, and Business Nitrogen is not responsible for any failures, delays, or errors in message delivery caused by Your wireless carrier or network.
A.5 Supported Carriers and Availability
Messaging Services may not be available on all carriers or devices, and Business Nitrogen makes no representation or warranty regarding compatibility with any particular carrier or device. Delivery is subject to transmission limitations, network availability, technical issues, and factors beyond our control. Business Nitrogen reserves the right to discontinue support for any carrier or platform at any time without notice.
A.6 User Responsibilities
You represent, warrant, and agree to:
Provide a valid mobile number that You own or have authorization to use for receiving messages and calls;
notify us immediately if Your number changes or is transferred to another person;
use the Messaging Services lawfully and not engage in any abusive, harassing, threatening, or fraudulent conduct;
when uploading contact lists or directing the Company to send messages to third parties, You represent and warrant that You have obtained all consents required under the TCPA and other applicable law from those third parties; and
You are responsible for any actions You take based on messages You receive.
Business Nitrogen is not liable for any actions You take based on messages received through the Messaging Services, except to the extent such liability arises from Business Nitrogen’s gross negligence or willful misconduct in providing materially false or misleading information.
A.7 TCPA Indemnity
Without limiting Section 15.1, You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) any violation of the Telephone Consumer Protection Act or similar laws arising from Your conduct, Your provision of any phone number or contact list, or Your instructions to the Company; (b) any claims by third parties who receive messages or calls at any number You provided; and (c) Your provision of a mobile number You do not own or are not authorized to use for the purposes intended.
A.8 Disclaimer of Guarantees
We do not guarantee the accuracy, completeness, or timeliness of any information transmitted through the Messaging Services, except where we have made specific written representations regarding particular information. Messages may be delayed, misdirected, or unavailable due to technical issues.
A.9 Privacy
Personal information collected through the Messaging Services is handled in accordance with our Privacy Policy, which explains how conversational data, message content, and related information are processed and retained. Material changes to the Privacy Policy will be communicated to users with at least thirty (30) days’ advance notice via email and/or prominent notice on our website. Users will have the opportunity to opt out of the Messaging Services if they do not agree to the material changes before they take effect.
A.10 Modification or Termination
We may modify or terminate the Messaging Services at any time with at least thirty (30) days’ advance notice to users via email and/or prominent notice on our website, except in cases of legal or regulatory requirements, security threats, or technical emergencies requiring immediate action. Continued participation after the notice period constitutes acceptance of any updated Mobile Terms.
Appendix b — ai transparency appendix
This Appendix is provided to explain, in plain language, how Business Nitrogen uses artificial intelligence (“AI”) in connection with its Services. It is incorporated into and forms part of these Terms.
B.1 Purpose of AI Use
We use AI-powered systems to assist with, among other things:
answering general questions and supporting customer inquiries;
responding to inquiries through voice and messaging channels;
booking appointments and managing scheduling;
facilitating user-initiated transactions;
creating, optimizing, and publishing content for SEO and AEO purposes;
analyzing customer data and generating recommendations; and
internal operations, quality assurance, and analytics.
AI is used to enhance efficiency and responsiveness. While Business Nitrogen maintains human oversight for significant decisions as it deems appropriate, AI may be used to make or inform operational decisions, and Business Nitrogen reserves the right to determine the appropriate level of human involvement for different types of decisions based on business needs and risk assessment. Business Nitrogen will provide human review upon request for decisions that adversely affect a user’s access to Services or account standing.
B.2 Assistive, Not Advisory
AI-generated responses are assistive in nature and provided “as is.” They are not intended to provide, and users acknowledge they are not receiving, legal, financial, medical, tax, or other professional advice. Users expressly agree not to rely upon AI-generated responses as such advice and acknowledge that Business Nitrogen makes no representations or warranties regarding the accuracy, completeness, or suitability of any AI-generated content.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUSINESS NITROGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY AI-GENERATED CONTENT OR OUTPUT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B.3 Human Oversight
Our AI voice and messaging systems operate under human oversight to the extent Business Nitrogen deems appropriate in its sole discretion. Business Nitrogen monitors performance and reviews interactions on a sampling basis as resources permit but makes no guarantee of human review for any particular interaction. Business Nitrogen will intervene when it determines intervention is necessary based on its internal protocols. Users may request human follow-up for assistance, but Business Nitrogen does not guarantee human review or response within any specific timeframe and reserves the right to prioritize requests based on operational needs. Business Nitrogen will make reasonable efforts to respond to such requests within a reasonable timeframe, with priority given to matters affecting user rights, account access, or material disputes.
B.4 Data Handling and Training
Conversations may be recorded, logged, monitored, analyzed, and used by Business Nitrogen and its service providers for quality assurance, analytics, service improvement, training, legal compliance, dispute resolution, and other specified business purposes. Users will be notified at the beginning of calls that conversations may be recorded. By continuing to use these services after such notice, users consent to such recording, monitoring, and use for the purposes stated herein.
Call recordings are retained for at least ninety (90) days and may be retained for up to seven (7) years at Business Nitrogen’s discretion for legal, regulatory, business, or operational purposes, including ongoing disputes, investigations, or compliance requirements. Users may request information about the retention period for their specific recordings by contacting [email protected].
Conversational data is not currently used to train general-purpose public AI models. Business Nitrogen reserves the right to use conversational data to train, improve, or develop proprietary AI models, internal systems, or specialized applications for Business Nitrogen’s business purposes. Business Nitrogen may modify its data usage practices at any time with appropriate notice as required by law.
B.5 Transparency and Choice
Business Nitrogen endeavors to inform users when interacting with automated AI voice systems where practical and appropriate but makes no guarantee that all automated interactions will be identified as such. Users may request human assistance at any time by stating “I want to speak to a human” or making a similarly clear request. Business Nitrogen will make commercially reasonable efforts to provide human assistance within fourteen (14) business days for such requests, subject to personnel availability. Business Nitrogen reserves the right to provide certain routine functions exclusively through automated systems but will provide human assistance for matters involving account access, billing disputes, cancellations, or complaints about service quality.
B.6 Accuracy of AI Outputs
AI systems may generate inaccurate, incomplete, misleading, or inappropriate responses. Business Nitrogen makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of AI-generated content. Users expressly agree to verify all information independently before taking any action and acknowledge sole responsibility for any decisions made based on AI-generated content. Business Nitrogen shall not be liable for errors resulting from user misuse, incomplete input information, or circumstances beyond Business Nitrogen’s reasonable control. Users should verify critical information independently, and both parties acknowledge that AI-generated content should be reviewed with appropriate professional judgment for important business decisions.
B.7 SEO and AEO Specific Disclosures
For Customers engaged in SEO or AEO Services, You acknowledge that AI-generated or AI-assisted content may be created on Your behalf and published to Your website, profiles, or other digital assets. You are responsible for reviewing and approving any such content before publication where review is offered, and You bear sole responsibility for any consequences arising from publication, including any policy violations of third-party search engines, AI answer engines, large language model platforms, or social media platforms. Business Nitrogen does not guarantee that AI-generated content will comply with any specific platform’s policies, will be indexed, cited, ranked, or surfaced by any particular search engine or answer engine, or will produce any specific business outcome.
B.8 Further Information
For additional details about data processing, retention, and user rights, please review our Privacy Policy.