Terms of Service

Agreement and Acceptance

These Terms of Service, together with any order form, checkout disclosure, Service Agreement, Cancellation Policy, Acceptable Use Policy, AI Voice Disclosure, Privacy Policy, Data Processing Addendum, and other document expressly incorporated by reference, form the “Agreement” between Ask Bennett and the customer identified at checkout or in an order form (“Customer”).

Customer accepts the Agreement by clicking an acceptance box, completing a purchase, authorizing a payment method, signing an order, creating or using an account, installing Bennett, or accessing or using any part of the service. The individual who accepts represents that they have authority to bind Customer. If that individual lacks authority, they may be personally responsible for obligations created through the unauthorized acceptance to the extent permitted by law.

If Customer does not agree, Customer must not purchase, install, access, or use the service.

Business Use and Authority

Ask Bennett is offered for commercial, professional, organizational, and other business purposes. Customer represents that it is acquiring and using the service for business use and not primarily for personal, family, or household purposes.

Customer must be legally capable of entering contracts and must ensure that each administrator, employee, contractor, agent, and end user who accesses the service is authorized and follows the Agreement. Customer is responsible for all activity under its account and for the acts and omissions of its authorized users.

If mandatory consumer, small-business, unfair-contract, accessibility, privacy, payment, or other law applies despite the business-use representation, the Agreement will be limited or modified only to the minimum extent required by that law. Nothing in the Agreement excludes a right or remedy that cannot lawfully be excluded.

The Ask Bennett Service

Ask Bennett may provide website voice assistance, website chat or question answering, phone-based voice assistance, multilingual interactions, appointment or inquiry routing, call transfers, transcripts, administrative controls, integrations, analytics, and related support. The exact features, usage limits, languages, channels, and service level included in Customer's subscription are the features displayed at checkout or stated in the applicable order.

Ask Bennett may use third-party infrastructure, artificial intelligence models, voice services, telecommunications providers, payment processors, hosting providers, and software platforms. Features may differ by country, language, browser, phone carrier, device, integration, or third-party availability.

Unless a signed Service Agreement expressly states otherwise, the service does not include a guaranteed volume of calls, conversations, appointments, leads, sales, revenue, response accuracy, conversion rate, uptime, or business result.

Orders, Checkout Terms, and Priority

An “Order” means an online checkout, order form, subscription confirmation, statement of work, or other written purchase document accepted by both parties. Each Order identifies the selected plan, price, billing cycle, and any additional services.

If documents conflict, the following order of priority applies only to the conflicting subject: (1) a signed amendment that expressly identifies the provision it changes; (2) the Data Processing Addendum for personal-data processing; (3) a signed Service Agreement; (4) the Order; (5) these Terms; and (6) the other incorporated policies. A purchase order or other Customer form does not modify the Agreement unless Ask Bennett expressly signs a document accepting the modification.

Accounts, Access, and Security

Customer must provide complete and accurate registration, business, billing, and contact information and keep it current. Customer must protect passwords, authentication codes, administrator access, API credentials, phone numbers, and other account credentials and must not share them with unauthorized persons.

Customer must promptly notify Ask Bennett of suspected account compromise, unauthorized use, fraudulent payment activity, or a security incident involving the service. Ask Bennett may require authentication, identity verification, or additional security controls before granting or restoring access.

Ask Bennett is not responsible for loss caused by Customer's failure to secure credentials, devices, websites, phone systems, integrations, or administrator access, except to the extent the loss was directly caused by Ask Bennett's failure to use the care required by applicable law.

Customer Content and Approved Information Sources

“Customer Content” means the website content, knowledge-base material, business information, scripts, policies, hours, pricing, products, services, promotions, documents, recordings, instructions, branding, contact information, and other material supplied, selected, approved, linked, or made available by or for Customer.

Bennett is intended to answer from Customer Content and other sources that Customer has approved for the service. Bennett does not independently audit or guarantee the truth, legality, completeness, currency, or consistency of those sources. If information is absent from the website or other approved source, inaccessible, contradictory, outdated, or unclear, Bennett may not know the answer, may decline to answer, or may provide an incomplete or incorrect response.

Customer owns its Customer Content and grants Ask Bennett and its service providers a worldwide, nonexclusive, limited license to host, copy, transmit, process, adapt, index, display, and use Customer Content only as reasonably necessary to provide, secure, support, troubleshoot, and improve the service, comply with law, and follow Customer's instructions.

Customer represents that it has all rights, notices, permissions, licenses, and lawful bases required to provide and use Customer Content. Customer must keep all public-facing information accurate and current and must promptly correct or remove content that is false, misleading, unlawful, infringing, or unsafe.

Artificial Intelligence, Voice, and Output Limitations

“Output” means any spoken or written response, summary, transcript, recommendation, routing decision, classification, or other content generated or delivered through the service. Output is informational only. It is not a verified statement, guarantee, professional opinion, legal advice, financial advice, medical advice, emergency instruction, or binding commitment by Ask Bennett.

Customer is responsible for:

• Testing Bennett before launch and after material website, content, configuration, language, product, pricing, or policy changes.
• Reviewing sample conversations, transcripts, logs, and user feedback and correcting problems promptly.
• Providing a clear human-contact, transfer, escalation, or fallback path where appropriate.
• Preventing Bennett from making unauthorized promises, quotations, guarantees, regulated statements, or commitments on Customer's behalf.
• Deciding whether Output is suitable before Customer or an end user relies on it.

To the fullest extent permitted by law, Ask Bennett is not responsible for reputational harm, negative reviews, customer complaints, lost goodwill, lost sales, missed opportunities, incorrect decisions, public statements, or third-party reliance arising from Customer Content, missing website information, configuration choices, or AI-generated Output. This allocation applies even when Output contains a factual error or an AI hallucination, except to the extent liability cannot lawfully be excluded.

Customer must not use Bennett as an emergency service, a life- safety system, or the sole basis for decisions that determine a person's legal rights, access to employment, housing, credit, insurance, education, healthcare, essential services, or another similarly significant matter.

Customer Legal Compliance and Required Disclosures

Customer is the business deploying Bennett to its own website, phone number, customers, prospects, employees, or other users. Customer is responsible for determining and complying with all laws, regulations, industry rules, platform policies, contracts, and professional duties that apply to its business and use case.

Without limiting that responsibility, Customer must:

• Clearly disclose when a person is interacting with an AI voice or chat system whenever required by law or appropriate to avoid deception.
• Provide legally sufficient privacy, recording, transcription, monitoring, cookie, and telecommunications notices.
• Obtain consent before recording, transcribing, monitoring, storing, or using a communication when consent is required.
• Honor opt-outs, do-not-call requests, marketing permissions, accessibility duties, age restrictions, and sector-specific requirements.
• Avoid uploading sensitive, regulated, confidential, or children's information unless Customer has a lawful and approved basis and the selected service is appropriate for that data.
• Maintain a current privacy policy and any other notice required on the website or phone channel where Bennett is deployed.

Ask Bennett may provide standard disclosures or configuration tools as a convenience, but Customer remains responsible for determining whether they are legally sufficient for Customer's country, state, province, industry, audience, and use case.

Subscription, Automatic Renewal, and Payment Authorization

Unless the Order states another period, each paid subscription begins on the purchase date and automatically renews every month on or about the same calendar date. Customer authorizes recurring charges for the subscription price, approved add-ons, usage-based charges shown in the Order, applicable taxes, and other amounts Customer has agreed to pay.

The authorization applies to credit cards, debit cards, ACH or other bank debits, digital wallets, and replacement or updated payment credentials supplied by Customer, the payment network, the financial institution, or an account-updater service. Ask Bennett may retry a failed charge and may charge another valid payment method that Customer has authorized and kept on file.

Customer represents that it is the authorized holder of the payment method or has authority to use it. Customer must keep a valid payment method on file and must update billing information before expiration, closure, or any change that could prevent collection.

To the extent a law governing preauthorized electronic transfers applies, Customer's checkout acceptance or other similarly authenticated authorization is intended to serve as written authorization, and Customer may retain a copy of these Terms and the Order. Revoking a bank debit authorization does not itself cancel the subscription or eliminate amounts already due; Customer must also complete the cancellation process and provide another payment method for outstanding obligations.

Cancellation, Renewal Timing, and No-Refund Rule

Customer may cancel a month-to-month subscription by using the cancellation control made available in the account, if available, or by sending a clear written cancellation request to [email protected] with the subject “Cancellation Request.” The request must identify the business, account email, website, and subscription to be cancelled.

A cancellation must be received and completed before the next renewal charge is initiated. To avoid processing or time-zone delays, Customer should submit the request at least twenty-four hours before the scheduled renewal. A request received after a renewal charge has been initiated or processed applies to the following renewal and does not reverse the current charge.

Once a renewal payment is processed, Customer has committed to and paid for that billing period. The subscription remains active through the end of the paid period, and the cancellation becomes effective at that time. There is no prorated cancellation, partial-month credit, or refund for unused time.

Except where mandatory law or an express written agreement requires otherwise, all setup, subscription, renewal, usage, add-on, implementation, and other fees are final, nonrefundable, and non-creditable once charged. This includes charges where Customer did not use the service, forgot to cancel, submitted a late request, expected a different business result, experienced an AI error, delayed installation, failed to provide content, or stopped using Bennett before the paid period ended.

Removing code, disconnecting a phone number, blocking access, revoking a payment method, disputing a charge, or ceasing use does not by itself cancel the subscription. Customer must submit and complete a valid cancellation request. The separate Cancellation Policy is incorporated into the Agreement.

Failed Payments, Suspension, Chargebacks, and Collection

If a payment is declined, reversed, returned, blocked, disputed, or not collected when due, Ask Bennett may retry the payment, request updated information, use another authorized payment method, suspend or restrict the service, disable features, remove access, or terminate the subscription. Suspension does not waive the amount due and does not create a refund or credit.

Overdue amounts may accrue a late charge equal to the lesser of 1.5% per month or the maximum lawful rate. Customer must reimburse reasonable payment-reversal fees, bank-return fees, collection expenses, court costs, and reasonable attorneys' fees incurred to collect undisputed overdue amounts, to the extent permitted by applicable law.

A chargeback or payment dispute is not a cancellation request. Before initiating a chargeback, Customer must contact Ask Bennett and provide a reasonable opportunity to investigate. A knowingly false, abusive, or fraudulent chargeback is a material breach of the Agreement. Ask Bennett may provide the Order, acceptance record, usage records, communications, cancellation records, and other relevant evidence to the payment processor or financial institution.

Fees, Taxes, Currency, and Price Changes

Customer must pay all fees stated in the Order without setoff or deduction, except for a good-faith billing dispute submitted promptly in writing. Prices are stated in the currency displayed at checkout. Customer is responsible for currency-conversion, bank, card, wire, international, and similar fees imposed by a financial institution.

Fees do not include sales, use, value-added, goods and services, withholding, digital-services, telecommunications, or similar taxes unless checkout states otherwise. Ask Bennett may collect applicable taxes. If Customer is legally required to withhold an amount, Customer must provide valid documentation and, except where prohibited, pay an additional amount so Ask Bennett receives the net amount it would have received without the withholding.

Ask Bennett may change subscription pricing by providing advance notice. A material price increase will take effect no earlier than the next renewal occurring at least thirty days after the notice, unless law requires a longer period. Customer may cancel before the new price becomes effective. Continued use after the effective renewal constitutes acceptance of the new price.

Acceptable Use

Customer must use the service lawfully, responsibly, and in accordance with the Acceptable Use Policy. Customer may not use the service to:

• Commit fraud, impersonate another person, deceive users about a material fact, or make unlawful, false, defamatory, discriminatory, or misleading statements.
• Harass, threaten, exploit, stalk, or harm any person or facilitate illegal, abusive, violent, hateful, or sexually exploitative conduct.
• Transmit malware, interfere with security, overload systems, scrape without authorization, reverse engineer protected components, or bypass technical limits.
• Violate privacy, publicity, intellectual-property, telecommunications, recording, marketing, sanctions, export-control, or consumer-protection laws.
• Use Output to make prohibited high-impact decisions or to provide emergency, medical, legal, financial, or other regulated professional advice without qualified human review.
• Upload payment card data, passwords, government identifiers, health records, biometric identifiers, or other highly sensitive data unless Ask Bennett has expressly approved that use in writing.

Ask Bennett may investigate suspected misuse and may preserve or disclose information when reasonably necessary to protect the service, users, third parties, or legal rights, or to comply with law and valid process.

Third-Party Platforms, Integrations, and Services

The service may interoperate with websites, phone carriers, payment processors, calendars, customer relationship systems, artificial intelligence providers, hosting systems, analytics, and other third-party services. Customer's use of a third-party service may be governed by separate terms and privacy policies.

Ask Bennett does not control and is not responsible for a third party's availability, security, content, pricing, changes, outages, data practices, acts, or omissions. A third party may modify or discontinue an integration or service without Ask Bennett's control. Ask Bennett may replace, limit, or discontinue an affected integration when reasonably necessary.

Customer authorizes Ask Bennett to exchange Customer Content and account information with the third-party services that Customer enables or instructs Ask Bennett to use, subject to the Privacy Policy and Data Processing Addendum.

Intellectual Property and Feedback

Ask Bennett and its licensors own the service, software, interface, designs, voice-assistant technology, workflows, documentation, trademarks, logos, methods, improvements, and all related intellectual-property rights. Except for the limited right to use the service during an active subscription, no right, title, or license is transferred to Customer.

Customer may not copy, resell, sublicense, distribute, create a competing service from, remove notices from, or reverse engineer the service except to the limited extent a restriction is prohibited by law. Customer must not use Ask Bennett's names, marks, or branding without written permission, except for an authorized “Powered by Ask Bennett” display supplied with the service.

Customer may provide suggestions or feedback. Customer grants Ask Bennett a perpetual, irrevocable, worldwide, royalty-free right to use feedback without restriction or obligation, so long as Ask Bennett does not publicly identify Customer as the source without permission.

Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential, including business plans, security information, pricing, technical information, customer lists, credentials, and nonpublic Customer Content. The receiving party will use confidential information only to perform or exercise rights under the Agreement and will protect it using at least reasonable care.

Confidential information does not include information that the receiving party can document was lawfully known without duty, becomes public without breach, is received lawfully from another source without duty, or is independently developed. A receiving party may disclose information when legally required after providing notice where lawful and reasonably cooperating with a request for protection.

Privacy, Data Processing, and Security

Ask Bennett's handling of personal information is described in the Privacy Policy. When Ask Bennett processes personal data for Customer as a processor or service provider, the Data Processing Addendum applies and controls over conflicting data-processing provisions.

Customer determines what information to make available to the service, how Bennett is deployed, which users may interact, and how Output is used. Customer is responsible for providing all required notices, establishing a lawful basis, responding to end-user requests, and configuring retention and access controls appropriate to Customer's use.

Each party will maintain reasonable safeguards appropriate to its role. No internet, voice, software, artificial intelligence, or storage system can be guaranteed completely secure. Customer must not represent that the service is immune from unauthorized access, data loss, downtime, or security incidents.

Availability, Maintenance, Support, and Service Changes

Ask Bennett will use commercially reasonable efforts to operate the service, but does not promise uninterrupted or error-free availability unless a signed Service Agreement includes a specific service-level commitment. Maintenance, updates, security events, internet conditions, carrier failures, third-party outages, demand, and events outside reasonable control may interrupt or reduce service.

Ask Bennett may update the software, models, voices, user interface, features, integrations, security controls, and technical requirements. Ask Bennett will not materially reduce the core paid functionality during a current billing period without a reasonable substitute, credit, or termination right where required by law or an applicable signed agreement.

Beta, preview, experimental, early-access, or no-charge features may be changed or discontinued at any time and are provided without service commitments or warranties.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUT, VOICES, TRANSCRIPTS, CONTENT, INTEGRATIONS, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ASK BENNETT DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, SECURITY, AVAILABILITY, AND RESULTS.

ASK BENNETT DOES NOT WARRANT THAT BENNETT WILL UNDERSTAND EVERY SPEAKER, ACCENT, LANGUAGE, QUESTION, WEBSITE, OR SOURCE; THAT OUTPUT WILL BE TRUE, CURRENT, LAWFUL, APPROPRIATE, OR FREE FROM AI ERRORS; THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE; OR THAT USE WILL PRODUCE APPOINTMENTS, LEADS, REVENUE, SAVINGS, REPUTATIONAL BENEFITS, OR ANOTHER BUSINESS RESULT.

Nothing in this section excludes an express written commitment in a signed Service Agreement or a warranty that cannot lawfully be excluded.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASK BENNETT, ITS AFFILIATES, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, DATA, GOODWILL, OR REPUTATION; BUSINESS INTERRUPTION; SUBSTITUTE SERVICES; LOST OPPORTUNITIES; CUSTOMER OR END-USER CLAIMS; OR DAMAGES ARISING FROM AI ERRORS, OUTPUT, CUSTOMER CONTENT, THIRD-PARTY SERVICES, OR RELIANCE ON INFORMATION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ASK BENNETT FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE AFFECTED SERVICE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

The exclusions and cap apply regardless of legal theory and to the fullest extent permitted by each applicable jurisdiction. They do not limit Customer's payment obligations, liability for unauthorized use or infringement, indemnification obligations, fraud, or willful misconduct. They also do not exclude liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence where applicable law prohibits exclusion.

Customer Indemnification

To the extent permitted by law, Customer will defend, indemnify, and hold harmless Ask Bennett, its affiliates, and its owners, officers, directors, employees, contractors, licensors, and service providers from third-party claims, proceedings, losses, judgments, penalties, damages, liabilities, costs, and reasonable attorneys' fees arising from or relating to:

• Customer Content, Customer's website, products, services, promises, pricing, policies, or business practices.
• Customer's deployment, configuration, instructions, marketing, recording, transcription, monitoring, or use of Output.
• Customer's violation of the Agreement, law, regulation, platform policy, consent requirement, or third-party right.
• A claim by Customer's end user, customer, employee, contractor, regulator, or business partner that is not caused by Ask Bennett's breach of the Agreement.
• Customer's fraud, willful misconduct, negligence, or unauthorized access to or misuse of the service.

Ask Bennett will provide reasonably prompt notice and reasonable cooperation. Customer may control the defense with qualified counsel, but may not settle a claim in a way that admits fault by, imposes obligations on, or restricts Ask Bennett without written consent. Ask Bennett may participate with counsel at its own expense.

Suspension, Termination, and Effect of Ending Service

Ask Bennett may suspend or terminate access immediately when reasonably necessary to address nonpayment, security risk, unlawful use, fraud, abuse, a material breach, third-party platform requirements, legal process, sanctions, risk to another person, or harm to the service. When the issue can reasonably be cured, Ask Bennett may provide notice and an opportunity to cure.

Either party may terminate for an uncured material breach after written notice and a reasonable cure period, unless the breach cannot be cured or immediate action is legally or operationally required. Customer may also end a monthly subscription through the cancellation process in Section 10.

When the subscription ends, Customer's right to use the service ends. Customer must remove or disable installations and stop representing that Bennett is active. Accrued payment obligations, ownership, confidentiality, warranty disclaimers, liability limits, indemnification, disputes, and provisions intended by their nature to survive will remain in effect.

Disputes, Governing Law, and Individual Resolution

Before filing a formal claim, a party must send written notice describing the dispute and requested resolution. The parties will attempt in good faith to resolve the matter for at least thirty days. Notices to Ask Bennett must be sent to [email protected] with the subject “Legal Dispute Notice.”

United States business customers

Except for eligible small-claims matters and requests for temporary or injunctive relief involving intellectual property, confidentiality, security, or unauthorized use, any dispute with a United States Customer will be resolved by binding individual arbitration under the Federal Arbitration Act and the American Arbitration Association Commercial Arbitration Rules. The proceeding may be conducted remotely unless the arbitrator determines an in-person hearing is necessary. The arbitration seat will be Cheyenne, Wyoming, unless the parties agree otherwise.

EACH PARTY WAIVES A JURY TRIAL AND AGREES TO BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR MEMBER OF A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE- ATTORNEY-GENERAL ACTION, TO THE EXTENT THE WAIVER IS ENFORCEABLE.

Customers outside the United States

Unless mandatory local law requires another forum, disputes with a Customer outside the United States will be subject to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming. The parties may agree in writing to remote mediation or international arbitration instead.

The Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Mandatory local rights and forums that cannot lawfully be waived remain available. A claim must be brought within one year after it accrues unless applicable law prohibits that limit.

General Contract Terms

Changes to these Terms

Ask Bennett may update these Terms for legal, security, operational, or service reasons. Material adverse changes will be communicated in advance and ordinarily take effect at the next renewal at least thirty days after notice. Customer may cancel before the change becomes effective. Nonmaterial changes may take effect when posted. Continued use after the effective date constitutes acceptance.

Electronic communications and signatures

Customer agrees to receive agreements, notices, invoices, disclosures, and records electronically and agrees that clicks, typed names, electronic acceptance, and other authenticated actions have the same effect as a handwritten signature to the extent permitted by law.

Assignment

Customer may not assign the Agreement without Ask Bennett's written consent, which will not be unreasonably withheld where the proposed assignee is financially and operationally capable. Ask Bennett may assign the Agreement to an affiliate or in connection with a merger, reorganization, financing, or sale of substantially all relevant assets or business, with notice when required.

Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including internet or carrier failure, utility outage, labor disruption, natural disaster, epidemic, war, terrorism, civil disorder, governmental action, cyberattack, or failure of a critical third-party platform. This provision does not excuse Customer's obligation to pay amounts already due.

Severability, waiver, and entire agreement

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. The Agreement is the entire agreement regarding the service and replaces prior or contemporaneous statements on that subject. Headings are for convenience. “Including” means “including without limitation.” There are no third-party beneficiaries except indemnified parties expressly identified in the Agreement.

Legal Notices and Contact

Contract questions, billing disputes, cancellation requests, and legal notices may be sent to: