TERMS OF SERVICE

Last Updated: 11/21/2025

1. Acceptance of Terms

Welcome to TradeWorks AI. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and TradeWorks AI, Inc. ("Company," "we," "us," or "our").

By accessing, downloading, registering for, or using our website, applications, or any associated services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Services.

2. Services and AI Disclaimers

2.1 Nature of Services.

TradeWorks AI provides an artificial intelligence-powered platform, including but not limited to our Virtual Assistant Receptionist, designed to assist with client communication, scheduling, and automated workflows.

2.2 AI Inputs and Outputs.

You may provide text, voice, or other data ("Inputs") to the Services, which will generate responses ("Outputs") using artificial intelligence. You acknowledge that:

• AI-generated Outputs may not always be accurate, complete, or factually correct.
• You are responsible for verifying all Outputs before relying on them or sharing them with third parties.
• TradeWorks AI does not provide professional legal, financial, or medical advice.

3. User Accounts and Eligibility

3.1 Eligibility.

You represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement.

3.2 Account Security.

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access to your account.

4. Free Trial Terms (Starter Virtual Assistant Receptionist)

4.1 Trial Period.

We offer a thirty (30) day free trial for the Starter Virtual Assistant Receptionist.

4.2 No Payment Required at Sign-Up.

You are not required to provide a credit card or payment method to initiate this free trial.

4.3 Expiration and Continuation.

Upon the conclusion of the 30-day trial period, your access to the Service will automatically terminate unless you affirmatively elect to upgrade to a paid plan and provide valid payment information. We will not automatically charge you or enroll you in a paid plan without your express consent.

5. Fees, Billing, and "No Contract" Policy

5.1 No Long-Term Contracts.

TradeWorks AI operates on a flexible, month-to-month or pay-as-you-go basis. We do not require long-term contracts or lock-in periods. You are free to discontinue the use of our Services at any time without penalty.

5.2 Billing Authorization.

If you elect to continue using the Services after your trial, or if you purchase paid features, you authorize us to bill your payment method for the applicable fees.

5.3 Cancellation.

You may cancel your service at any time via your account dashboard or by contacting support. Because our services are provided without a contract, cancellation will prevent future billing, but we do not provide refunds for partial months or unused services already paid for, except as required by applicable law.

5.4 Price Changes.

We reserve the right to adjust pricing for our services. Any price changes will strictly apply to future billing cycles, and we will provide you with notice via email prior to any such change taking effect.

6. Communications and Messaging Policy (10DLC Compliance)

6.1 Consent to Contact.

By providing your wireless phone number to us, you expressly consent to receive calls and text messages (SMS/MMS) from TradeWorks AI, including those sent via an autodialer, for account notifications, verification, and marketing purposes. Consent is not a condition of purchase.

6.2 User Obligations for Messaging.

If you use our Services to send messages to third parties (e.g., your clients), you explicitly represent and warrant that:

• Opt-In: You have obtained clear, express written consent from all recipients before sending them messages.
• Opt-Out: You will provide a clear mechanism for recipients to opt out (e.g., "Reply STOP to unsubscribe") and will honor such requests immediately.
• Identification: You will clearly identify yourself or your business in all messages.

7. Telephony and Numbering

7.1 Number Ownership.

If the Services involve the assignment of a telephone number, you acknowledge that you do not own the number. We reserve the right to change, reclaim, or reassign numbers at our sole discretion to comply with carrier regulations.

7.2 No Liability.

We are not liable for any costs you incur (such as printing business cards or advertisements) resulting from a change in your assigned telephone number.

8. Intellectual Property Rights

8.1 Company IP.

The Services, including all software, code, interfaces, graphics, and trademarks (specifically "TradeWorks AI"), are the proprietary property of TradeWorks AI, Inc.

8.2 User Content.

You retain ownership of the Inputs you submit. However, by using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your Inputs solely to provide the Services.

8.3 Use of Data for AI Training.

You acknowledge that TradeWorks AI may use anonymized and aggregated data derived from your use of the Services to analyze trends, benchmark performance, and train or improve our artificial intelligence models. We will not use your confidential information or personally identifiable content to train models shared with other customers without your permission.

8.4 Feedback.

If you provide us with any comments or suggestions ("Feedback"), you grant TradeWorks AI a perpetual, irrevocable license to use such Feedback for any purpose without compensation to you.

9. Acceptable Use & Prohibited Content

You agree not to use the Services to generate or send content that includes:

• SHAFT Content: Sex, Hate speech, Alcohol, Firearms, or Tobacco-related content, or any content prohibited by the CTIA Messaging Principles.
• Sensitive Data: Protected Health Information (PHI), social security numbers, or financial information, unless explicitly authorized by a separate agreement.
• Deceptive Practices: Impersonating any person or entity.
• High-Volume Automation: Using the Services in a manner that constitutes "spam" or degrades the performance of the Services for other users.

10. Termination

We reserve the right to suspend or terminate your access to the Services at any time, for any reason, specifically including a violation of these Terms or carrier compliance rules. Upon termination, your right to use the Services will immediately cease.

11. Warranties and Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADEWORKS AI, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEWORKS AI, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless TradeWorks AI, Inc. from any claims, liabilities, damages, and expenses (including legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

14. Third-Party Services

The Services may integrate with third-party applications or services (e.g., cloud providers, telephony carriers) not controlled by TradeWorks AI. We assume no responsibility for the content or practices of any Third-Party Services.

15. Dispute Resolution (Arbitration & Class Action Waiver)

15.1 Binding Arbitration.

Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA).

15.2 Class Action Waiver.

YOU AND TRADEWORKS AI, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. General Provisions

Force Majeure: TradeWorks AI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control (e.g., internet outages, carrier blocks, acts of God).

Governing Law: These Terms are governed by the laws of the State of Florida.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Updates: We may update these Terms from time to time. Continued use of the Services after changes constitutes acceptance of the new Terms.