Terms of Service

1. Acceptance of Terms

By accessing or using BigMouthAI's services, website, or any related applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

These Terms constitute a legally binding agreement between you and BigMouthAI. We may update these Terms from time to time, and your continued use of our Services constitutes acceptance of any changes.

2. Description of Services

BigMouthAI provides customer voice analytics and consulting services, including but not limited to:

• Voice analytics strategy and advisory services
• Root cause analytics and insights
• Customer voice AI and machine learning solutions
• Voice data migration and modernization services
• Related consulting and professional services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with or without notice.

3. User Responsibilities

When using our Services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account credentials
• Use our Services only for lawful purposes
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of BigMouthAI and third parties
• Not attempt to gain unauthorized access to our systems or data
• Not interfere with or disrupt our Services

4. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

When providing voice analytics services, we may process customer data on your behalf. In such cases:

• You retain ownership of your data
• We act as a data processor under applicable data protection laws
• We implement appropriate security measures to protect your data
• We will not use your data for purposes other than providing our Services

5. Intellectual Property

BigMouthAI retains all rights, title, and interest in and to our Services, including all related intellectual property rights. This includes but is not limited to:

• Software, algorithms, and methodologies
• Trademarks, service marks, and logos
• Copyrighted materials and content
• Trade secrets and proprietary information

You are granted a limited, non-exclusive, non-transferable license to use our Services solely for your internal business purposes during the term of your agreement with us.

6. Payment Terms

Payment terms for our Services will be specified in separate service agreements or statements of work. Generally:

• Fees are due according to the payment schedule specified in your agreement
• Late payments may incur additional charges
• All fees are non-refundable unless otherwise specified
• You are responsible for all taxes related to your use of our Services

7. Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to:

• Maintain the confidentiality of all proprietary information
• Use confidential information solely for the purpose of providing or receiving Services
• Implement appropriate safeguards to protect confidential information
• Return or destroy confidential information upon termination of our relationship

8. Limitation of Liability

To the maximum extent permitted by law, BigMouthAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount paid by you to BigMouthAI in the twelve (12) months preceding the claim.

9. Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of results

10. Indemnification

You agree to indemnify, defend, and hold harmless BigMouthAI and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any third-party claims related to your data or content

11. Termination

Either party may terminate these Terms or your access to our Services:

• At any time with or without cause
• Immediately if the other party breaches these Terms
• Upon written notice as specified in service agreements

Upon termination, your right to use our Services will cease immediately, and we may delete your data according to our data retention policies.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Maryland.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and BigMouthAI regarding the use of our Services and supersede all prior agreements and understandings.