Terms of Service

Last Updated: January 1, 2024

These Terms of Service ("Terms") govern your use of the BraniumX AI voice receptionist services and website (collectively, the "Services") provided by BraniumX LLC ("BraniumX," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you:

  • Are at least 18 years old
  • Have the authority to enter into these Terms
  • Agree to comply with all applicable laws and regulations

If you do not agree to these Terms, you may not use our Services.

2. Description of Services

BraniumX provides AI-powered voice receptionist services that:

  • Answer inbound phone calls on your behalf
  • Book appointments and manage scheduling
  • Handle common customer inquiries
  • Send SMS confirmations and follow-ups
  • Provide call recordings and transcripts

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.

3. Account Registration

To use our Services, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Promptly update any changes to your information
  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Fees and Payment

4.1 Pricing

Our current pricing is available at braniumx.com/pricing. Prices are subject to change with 30 days notice.

4.2 Payment Terms

  • Setup fees are due upon service activation and are non-refundable
  • Monthly fees are billed in advance on the billing date
  • Payment is due within the payment terms specified in your invoice
  • All fees are in US dollars unless otherwise specified

4.3 Late Payments

Late payments may result in:

  • Service suspension
  • Late fees as permitted by law
  • Collection actions

4.4 Refunds

Setup fees are non-refundable. Monthly fees are not refunded for partial months. If you believe you are entitled to a refund, contact us at billing@braniumx.com.

5. Acceptable Use

You agree NOT to use our Services to:

  • Violate any applicable laws or regulations
  • Engage in fraudulent, deceptive, or misleading practices
  • Harass, abuse, or harm others
  • Transmit spam, malware, or harmful content
  • Interfere with or disrupt our Services
  • Attempt to gain unauthorized access to our systems
  • Use the Services for any illegal purpose
  • Resell or redistribute our Services without authorization

Violation of these terms may result in immediate termination of your account.

6. Your Responsibilities

You are responsible for:

  • Providing accurate business information for AI configuration
  • Ensuring your use complies with applicable laws (including TCPA, if applicable)
  • Informing callers that calls may be recorded (where required by law)
  • Maintaining accurate and up-to-date business information
  • Reviewing call recordings and transcripts for quality

7. Intellectual Property

7.1 Our Property

All content, features, and functionality of our Services (including software, text, graphics, logos, and trademarks) are owned by BraniumX and protected by intellectual property laws.

7.2 Your Content

You retain ownership of content you provide to us. By providing content, you grant us a license to use it to provide our Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation to you.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY

We do not guarantee that our Services will be uninterrupted, error-free, or completely secure.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • BraniumX shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the fees paid by you in the three (3) months preceding the claim
  • We are not liable for lost profits, lost revenue, lost data, or business interruption

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless BraniumX, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or business practices

11. Term and Termination

11.1 Term

These Terms are effective until terminated. Your subscription continues on a month-to-month basis unless otherwise specified.

11.2 Termination by You

You may cancel your subscription at any time with 14 days written notice. Cancellation takes effect at the end of your current billing period.

11.3 Termination by Us

We may terminate or suspend your account immediately if you:

  • Violate these Terms
  • Fail to pay fees when due
  • Engage in fraudulent or illegal activity

11.4 Effect of Termination

Upon termination:

  • Your access to Services will cease
  • You remain liable for any outstanding fees
  • Provisions that should survive will remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration in Sheridan County, Wyoming, in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and BraniumX regarding our Services.

13.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

13.3 Waiver

Our failure to enforce any right does not waive our ability to enforce it later.

13.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations freely.

13.5 Notices

Notices to us should be sent to legal@braniumx.com. We may send notices to you via email or through our Services.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through our Services. Continued use after changes constitutes acceptance.

15. Contact Information

For questions about these Terms, contact us:

BraniumX LLC
1309 Coffeen Ave, STE 1200
Sheridan, WY 82801
Email: legal@braniumx.com
Phone: (123) 456-7890