Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between Zhenin LLC, doing business as 2bizy Business Solutions ("2bizy," "we," "us," or "our"), and the business or individual using the Service ("Customer," "you," or "your"). By creating an account, checking out at 2bizy.com/get-started, or otherwise using the Service, you agree to these Terms, including Appendix A. If you do not agree, do not use the Service.

2. Account Eligibility and Authority

You must be at least 18 years old and have authority to bind the business you represent. You agree to provide accurate account, contact, and billing information and to keep it current. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials.

3. Business Use Only

The Service is offered solely for business and commercial use and is not intended for personal, family, or household use. This does not prevent sole proprietors, individual attorneys, independent professionals, or single-member LLCs from becoming Customers when they use the Service for their business.

4. Description of the Service

2bizy provides an AI-powered phone receptionist and web chat agent for small businesses. During self-serve signup at 2bizy.com/get-started, Customer selects an industry configuration and completes checkout. The Service answers calls and web chat messages on Customer's behalf, following the configuration Customer selects or provides. Subscription tiers include a set amount of voice minutes and web chat usage, with overage rates and channel availability (including SMS) as stated on the pricing page in effect at the time. The Service may handle multiple interactions concurrently, subject to the limits, capacity, features, and usage terms of Customer's applicable plan.

5. Signup, Free Trial, and Billing

5.1 Signup and Trial. Customer selects an industry configuration and enters payment card details through Stripe Checkout. The checkout screen states the price, confirms a 7-day free trial period, and states the date the card will first be charged if the subscription is not cancelled before the trial ends. No charge is made at signup beyond any amount shown as due today, which may be $0.

5.2 Consent to Auto-Renewal. By completing checkout, Customer gives affirmative consent to a subscription that automatically converts to a paid, recurring plan at the end of the 7-day free trial period, unless cancelled before that date. Customer will receive a confirmation email after signup describing these terms and explaining how to cancel.

5.3 Cancellation. Customer may cancel at any time from the account dashboard or by contacting support@2bizy.com. Cancellation is at least as easy as signup: an in-account self-service cancellation option is available at all times. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued except where required by law.

5.4 Billing Authorization. Customer authorizes 2bizy and its payment processor to charge the payment method on file for recurring subscription fees, usage-based overage charges, applicable taxes, and other amounts expressly agreed to by Customer.

5.5 Trial Cancellation. If Customer cancels during the free trial, the subscription will not convert to a paid plan and no recurring subscription charge will be made.

5.6 Failed Payment. If payment fails, 2bizy may retry the payment method and may suspend or restrict access until amounts due are paid.

5.7 Pricing. The price, included usage, and overage rates applicable to Customer are those presented at signup, as subsequently changed in accordance with these Terms. 2bizy may change pricing prospectively for future billing periods with notice as described in Section 31 (Changes to These Terms).

6. License to Use the Service

Subject to these Terms and payment of applicable fees, 2bizy grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service for Customer's internal business purposes during the subscription term. This license does not include any right to resell, sublicense, reverse engineer, or create derivative works of the Service.

7. AI Identity Disclosure

Every phone call handled by the Service opens with a spoken notice informing the caller that the caller is interacting with an AI receptionist and that the call may be recorded and transcribed. Every web chat session opens with an equivalent written notice in the first message. Customer may not disable, remove, obscure, or materially alter this disclosure.

8. Recording and Transcription

The Service records and transcribes calls and logs web chat sessions in order to provide the Service, including generating summaries, capturing caller name and phone number, and capturing appointment details. The spoken in-call notice described in Section 7 is the mechanism through which notice of recording and AI interaction is given to callers. These Terms, standing alone, do not create legal consent to recording on behalf of any caller. Many states, including California, require all-party consent before a call may be recorded. Whether the in-call notice is sufficient to obtain lawful consent in a given call depends on facts outside 2bizy's control, including the caller's location and applicable state law.

9. Customer Configuration Responsibilities

Customer is responsible for notices and consents required as a result of Customer's business, industry, location, configuration, and use of the Service. 2bizy remains responsible for its own obligations under applicable law. This includes, without limitation, Customer's obligation to comply with all-party consent recording laws, telemarketing and robocall laws, industry-specific regulations, and any additional disclosures Customer's business or jurisdiction requires. Customer must configure the Service accurately, must not disable required disclosures, and must not direct the Service to be used in a manner that violates applicable law.

10. Telephony and Communications

10.1 Call Handling. Customer may connect the Service by forwarding an existing business phone number to 2bizy, or by having 2bizy provision a new number for Customer's use.

10.2 Provisioned Numbers. Availability of a specific provisioned number is not guaranteed. A provisioned number may be reassigned if Customer's account is cancelled or becomes inactive for an extended period. Porting a number to or from 2bizy is subject to the receiving and releasing carriers' processes, timelines, and requirements, which are outside 2bizy's control.

10.3 Carrier Dependencies. The Service depends on third-party telephony carriers. Carrier outages, network congestion, caller ID accuracy, and call audio quality are dependent in part on those carriers, on Customer's own phone systems, and on the calling party's network, and are not guaranteed by 2bizy.

10.4 International Calls. International calls handled through the Service may incur additional carrier charges, which are Customer's responsibility.

10.5 Usage Abuse. 2bizy may suspend or restrict Service to an account showing signs of fraudulent traffic, usage abuse, or abnormal calling patterns, pending review, in order to protect the Service and other customers.

11. No Emergency Services. No 911.

12. Customer Data, AI Output, and Ownership

12.1 As between the parties, Customer owns all Customer Data, meaning call recordings, transcripts, scripts, business information Customer provides, and AI-generated output produced for Customer's account (such as summaries and lead records).

12.2 2bizy owns the Service, including its software, models, workflows, and underlying technology. No provision of these Terms transfers ownership of the Service to Customer.

12.3 Customer grants 2bizy a limited license to access, process, and store Customer Data as needed to provide, secure, support, and improve the Service.

12.4 Account-Specific Agent Improvement. As part of the Service, 2bizy may use Customer Data, including call recordings, transcripts, chat logs, corrections, agent outputs, and agent performance data, to configure, evaluate, test, tune, correct, personalize, and improve the AI agents serving Customer's own account. This ongoing account-specific improvement is a core function of the Service and may include automated analysis and review by authorized personnel.

12.5 Service Improvement and Quality Assurance. 2bizy may internally review and analyze Customer Data, including call recordings, transcripts, chat logs, agent outputs, and interaction data, as reasonably necessary to evaluate, test, maintain, correct, secure, and improve the Service and the performance of 2bizy AI agents. Improvements, techniques, prompts, workflows, error patterns, evaluation methods, and other general learnings derived from this work may be applied across the Service and made available to other customers. 2bizy will not disclose Customer Data to another customer in identifiable form or use Customer-specific personal information to perform services on behalf of another customer.

12.6 General-Purpose Foundation Model Training. 2bizy does not permit Customer Data to be used by 2bizy or its third-party model providers to train general-purpose foundation models. This restriction does not prevent the account-specific tuning, quality assurance, evaluation, testing, correction, prompt or workflow optimization, or improvement of 2bizy's AI agents and other Service components as described in Sections 12.4 and 12.5.

13. Healthcare Data and HIPAA

13.1 No PHI by Default. The Service is not intended for use with Protected Health Information ("PHI"), as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), unless Customer and 2bizy have executed a Business Associate Agreement and 2bizy has activated a healthcare-specific configuration for Customer's account ("Healthcare Mode"). Customer must not submit, transmit, or cause the Service to process PHI before Healthcare Mode is activated for Customer's account.

13.2 Availability. A Business Associate Agreement is available for eligible healthcare customers upon request. Activation of Healthcare Mode may require completion of a healthcare intake questionnaire, additional technical configuration, and additional fees. 2bizy does not represent that the Service is HIPAA compliant or HIPAA certified as a general matter, and no such claim should be inferred from these Terms, from 2bizy's marketing materials, or from the availability of Healthcare Mode for other customers.

13.3 Scope. Where activated, Healthcare Mode applies only to the accounts, agents, channels, integrations, and features that 2bizy expressly designates as enabled for regulated healthcare use. Use of any other channel, integration, model, storage system, analytics tool, or third-party service to transmit PHI is not authorized.

13.4 Precedence for PHI. Where Healthcare Mode is active, the Business Associate Agreement and any Healthcare Addendum control over any conflicting provision of these Terms with respect to PHI.

13.5 No Clinical Advice. Regardless of whether Healthcare Mode is active, the Service is an administrative communications and workflow tool. It is not designed to diagnose, treat, prescribe, interpret clinical results, or replace the professional judgment of a licensed healthcare professional, and must not be configured to do so.

14. Professional Industries: Intake Versus Advice

For law, medical, and financial services businesses, the Service may be configured to collect case type or intake information, contact details, and to book consultations. The Service must not be configured, and may not be used, to render legal advice, medical advice or diagnosis, or financial advice to any caller or chat user. Customer is solely responsible for ensuring its configuration and use of the Service complies with the professional conduct rules applicable to its business.

15. Intellectual Property

2bizy and its licensors retain all right, title, and interest in the Service, including all associated trademarks, logos, software, and documentation. Nothing in these Terms grants Customer any rights in 2bizy's intellectual property except the limited license in Section 6.

16. Feedback

If Customer provides suggestions, ideas, or feedback about the Service, 2bizy may use that feedback without restriction or obligation to Customer.

17. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information of similar nature, and not less than reasonable care, and to use such information only to perform its obligations under these Terms. This obligation does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law.

18. Third-Party Services

The Service relies on third-party providers to operate, including voice orchestration, speech synthesis, telephony and SMS carriage, language model providers, payment processing, and office productivity tools. A current list of these subprocessors is described in the Privacy Policy and the then-current list is available on request at support@2bizy.com. 2bizy is not responsible for outages, errors, or changes originating from these third parties, though 2bizy will work to minimize disruption.

19. Security Responsibilities

2bizy maintains reasonable administrative, technical, and physical safeguards for the infrastructure it controls. Customer is responsible for safeguarding its account credentials, limiting access to authorized personnel, promptly notifying 2bizy of any suspected unauthorized account access, and configuring the Service appropriately for its intended use.

20. Prohibited Uses

Customer may not use the Service to: engage in fraud or deception; impersonate any person or entity; harass, threaten, or abuse any individual; discriminate unlawfully against any protected class; spoof or falsify caller identification; conduct unlawful surveillance or interception of communications; send robocalls or messages in violation of the Telephone Consumer Protection Act or similar laws; submit Protected Health Information outside an activated Healthcare Mode as described in Section 13; or otherwise violate applicable law. 2bizy may suspend or terminate access for any violation of this section.

21. Modifications to the Service

2bizy may add, remove, or modify features, underlying models, or third-party providers, and may update pricing for future billing periods, at any time. Material changes affecting Customer's current plan will be communicated by email or in-account notice in advance where reasonably practicable.

22. Disclaimer of Warranties

Customer acknowledges the following AI limitations: the AI may mishear callers due to accents, background noise, or poor call quality; it may hallucinate, omit, or misstate information; it may deviate from its configured script; and it is not a system of record. Customer should independently verify information that is important to its business before relying on it.

23. Limitation of Liability

These limitations do not apply to liability for gross negligence, willful misconduct, or fraud, or to any other liability that cannot be limited under applicable law.

24. Indemnification

Customer agrees to defend, indemnify, and hold harmless 2bizy, Zhenin LLC, and their officers, employees, contractors, and affiliates from and against third-party claims, damages, liabilities, losses, penalties, costs, and reasonable attorneys' fees arising out of or relating to: (a) Customer's use or misuse of the Service; (b) Customer's configuration, scripts, instructions, content, or integrations; (c) Customer's violation of these Terms or applicable law, including recording-consent, telemarketing, messaging, privacy, and data-protection laws; or (d) claims by Customer's callers, chat users, customers, patients, or other third parties arising from Customer's business or use of the Service.

25. Termination

Either party may terminate this agreement as described in Section 5. 2bizy may suspend or terminate Customer's access immediately for breach of these Terms, prohibited use, fraud, or nonpayment. Upon termination, Customer's access to the Service ends, and Customer Data is handled as described in the Privacy Policy and, where applicable, Appendix A.

26. Survival

Provisions that by their nature should survive termination will survive, including accrued payment obligations, ownership and intellectual property provisions (Sections 6, 12, and 15), confidentiality obligations (Section 17), warranty disclaimers (Section 22), limitations of liability (Section 23), indemnification (Section 24), dispute-resolution provisions (Section 30), and any other provisions intended to operate after termination.

27. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disaster, act of government, labor dispute, internet or telecommunications failure, or third-party service outage.

28. Electronic Notices

Customer consents to receive notices, disclosures, and communications from 2bizy electronically, including by email, in-account messaging, or posting on 2bizy's website. Such notices satisfy any requirement that communications be in writing.

29. Export Control and Sanctions

Customer represents that it is not located in, and will not use the Service in, any country or region subject to U.S. government embargo, and is not listed on any U.S. government restricted party list. Customer agrees to comply with all applicable export control and economic sanctions laws.

30. Dispute Resolution and Arbitration

30.1 Agreement to Arbitrate. Customer and 2bizy agree that any dispute arising out of or relating to these Terms or the Service will be resolved through individual, binding arbitration administered by JAMS under its rules then in effect, seated in Los Angeles County, California, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

30.2 Class and Jury Waiver. Customer and 2bizy each waive any right to a jury trial and any right to bring or participate in a class, collective, or representative action against the other.

30.3 Opt-Out. Customer may opt out of this arbitration agreement by sending written notice to support@2bizy.com within 30 days of first accepting these Terms. If Customer opts out, disputes will proceed in the courts described in Section 33.

31. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will provide notice by email or through the Service before the change takes effect. The updated Terms will state their effective date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the revised Terms, except where applicable law requires additional consent.

32. Order of Precedence

If there is a conflict among 2bizy's documents applicable to Customer, the order of precedence, from highest to lowest, is:

1. a signed Order Form between the parties, but only for the terms it expressly modifies;
2. the Healthcare Addendum and Business Associate Agreement, for HIPAA and PHI matters, where applicable;
3. Appendix A (Data Processing Addendum), for data-protection matters;
4. these Terms;
5. the applicable plan or pricing page in effect at the time of purchase or renewal, but only for price, included usage, and plan features; and
6. the Privacy Policy, which is a notice document and does not override a conflicting provision of these Terms or a higher-priority document listed above.

33. General Provisions

These Terms are governed by California law, without regard to conflict of law principles, and, where arbitration does not apply or is opted out of, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with the documents referenced in Section 32, constitute the entire agreement between the parties regarding the Service. Customer may not assign these Terms without 2bizy's written consent. 2bizy's failure to enforce any provision is not a waiver of that provision.

34. Contact

Questions about these Terms may be directed to support@2bizy.com.

Appendix A: Data Processing Addendum

This Data Processing Addendum ("DPA") is incorporated into, and forms part of, the Terms of Service between Customer and 2bizy. It applies where 2bizy processes personal information on Customer's behalf in the course of providing the Service, and it does not require a separate signature; it is accepted automatically as part of Customer's acceptance of the Terms at signup, unless 2bizy's counsel advises otherwise for a specific Customer relationship.

A.1 Subject Matter and Duration. This DPA governs 2bizy's processing of personal information on Customer's behalf for the duration of the subscription term, and thereafter only to the extent necessary to comply with Section A.9 (Deletion and Return) or applicable law.

A.2 Nature and Purpose of Processing. 2bizy processes personal information solely to provide, secure, support, and improve the Service for Customer, including answering and routing calls and chats, generating transcripts and summaries, capturing appointment and lead information, sending notifications, and the account-specific and service-wide improvement activities described in Section 12 of the Terms.

A.3 Categories of Personal Information. The personal information processed may include: Customer account contact information; and, for individuals who call or message Customer through the Service, name, phone number, call audio and transcripts, chat messages, appointment and scheduling details, and other information voluntarily provided during a call or chat session.

A.4 Categories of Data Subjects. Customer's authorized users and administrators, and the individuals who call, text, or chat with Customer through the Service ("Callers" or "end users").

A.5 Documented Instructions. 2bizy will process personal information only to provide the Service in accordance with Customer's configuration and these Terms, which constitute Customer's documented processing instructions. 2bizy will notify Customer if it becomes aware that an instruction violates applicable data protection law, and 2bizy is not required to follow an instruction that would violate law.

A.6 Confidentiality. 2bizy will ensure that personnel authorized to process personal information are subject to confidentiality obligations, whether contractual or statutory.

A.7 Security. 2bizy will maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, or disclosure, consistent with Section 19 of the Terms.

A.8 Subprocessors. 2bizy may engage subprocessors to provide the Service, including the categories of providers described in the Privacy Policy (voice orchestration, speech synthesis, telephony and SMS carriage, language model processing, payment processing, and infrastructure hosting). 2bizy will make the then-current subprocessor list available to Customer on request at support@2bizy.com, will impose data protection obligations on each subprocessor materially consistent with this DPA, and remains responsible for each subprocessor's performance of those obligations.

A.9 Deletion and Return. Upon termination of the subscription, or upon Customer's valid request, 2bizy will delete or de-identify Customer's personal information within a reasonable period, except where retention is required for legal, tax, accounting, security, or dispute-resolution purposes, consistent with the Privacy Policy's data retention terms.

A.10 Assistance with Rights Requests. 2bizy will provide reasonable assistance to Customer in responding to verified requests from individuals to exercise rights available under applicable data protection law, including access, correction, and deletion requests, to the extent such assistance is required of a service provider or processor under that law.

A.11 Incident Notice. 2bizy will notify Customer without unreasonable delay after becoming aware of a security incident involving unauthorized access to, or disclosure of, personal information processed on Customer's behalf, and will provide reasonably available information to help Customer meet its own notification obligations.

A.12 Audit and Cooperation. 2bizy will make available to Customer information reasonably necessary to demonstrate compliance with this DPA and will reasonably cooperate with audits or assessments conducted by or on behalf of Customer, subject to reasonable advance notice, confidentiality protections, and no more than once per twelve-month period absent a security incident or legal requirement.

A.13 CCPA Service Provider / Contractor Terms. To the extent 2bizy processes personal information subject to the California Consumer Privacy Act, as amended, 2bizy is a "service provider" or "contractor" (as those terms are defined under that law) and will: (a) process personal information only for the specific business purposes set out in this DPA and the Terms; (b) not sell or share personal information; (c) not retain, use, or disclose personal information outside the direct business relationship between Customer and 2bizy; (d) not combine personal information received from Customer with personal information received from other sources, except as permitted by applicable law; and (e) notify Customer if 2bizy determines it can no longer meet its obligations under applicable data protection law.

A.14 No Sale or Sharing. 2bizy does not sell personal information and does not share personal information for cross-context behavioral advertising, as those terms are defined under California law.

A.15 International Transfers. The Service is operated primarily from the United States. Where personal information is transferred from a jurisdiction that restricts cross-border transfers, the parties will use a lawful transfer mechanism reasonably available at the time, and Customer is responsible for confirming that its own use of the Service complies with the data protection law applicable to its Callers and end users.

A.16 Relationship to the Terms. This DPA does not expand, and should not be read to expand, 2bizy's liability beyond the limitations set out in Section 23 of the Terms. In the event of a conflict between this DPA and the body of the Terms on a data-protection matter, this DPA controls, consistent with Section 32 (Order of Precedence).