Terms of Service

1. Overview & Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and David's Dream LLC, a Texas limited liability company doing business as Biz22 ("Provider," "we," "us," or "our"). By accessing or using any part of the Biz22 website, platform, dashboard, or services (collectively, the "Service"), or by submitting an order, completing a payment, or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree with any part of these Terms, you must not use the Service. These Terms apply to all visitors, users, customers, and others who access or use the Service.

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Provider regarding the use of the Service (the "Agreement").

2. Eligibility

You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity.

We reserve the right to request proof of age or authorization at any time and to suspend or terminate accounts that do not meet these eligibility requirements.

3. Service Description

3.1 Base Service (One-Time Setup Fee)

The one-time setup fee covers the following:

• One (1) custom-designed, single-page landing website ("Landing Page")
• Mobile-responsive layout (phone, tablet, and desktop)
• Basic SEO, AEO, and GEO optimization (page title, meta description, and structured content optimized for search engines and AI-powered search assistants)
• Instant biz22.com subdomain at no additional cost (yourbusinessname.biz22.com)
• QR code for your site, ready for use on business cards, flyers, and signage
• Delivery within two to three (2-3) business days after Provider receives all required materials
• Free revision period within seven (7) calendar days of initial delivery

3.2 Optional Subscription Add-Ons (Billed Separately)

The following are optional services billed as recurring subscriptions:

• Hosting & Security — secure website hosting on the Biz22 platform; required to keep your Landing Page live. A free trial period is included at Provider's discretion.
• Contact Form Integration — contact/request form with email notification delivered to your inbox; billed as a separate monthly subscription.

3.3 Optional One-Time Add-Ons

• Social Media Links — $9 one-time
• Custom Logo Upload — $9 one-time (Client provides logo file)
• Custom Hero Image — $9 one-time (Client provides image file)
• Custom Domain Connection — $99 one-time; connection of Client's own domain to their Landing Page (domain registration, ownership, and renewal remain solely Client's responsibility; domain not included)
• On-Demand Revision — $19 per request; applies after the 7-day free revision period expires
• Layout Template Change — $19 one-time; replaces the overall page layout with a different design template
• Color/Branding Update — $19 one-time; updates the color palette and branding across the Landing Page
• Business Hours Update — $19 one-time; updates or adds business hours to the Landing Page

Any additional pages, features, integrations, e-commerce functionality, custom coding, extended functionality, or services not expressly listed above are excluded from the base Service and require separate agreement and additional payment.

Provider reserves the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify active subscribers of material changes that affect their existing service.

3A. Embedded Analytics on Landing Pages

All Landing Pages hosted on the Biz22 platform (including those served at yourbusiness.biz22.com) include Google Analytics 4 ("GA4"), a web analytics service provided by Google LLC. GA4 is embedded at the platform level by Provider and is present on all active Landing Pages as a standard feature of the Service.

3A.1 Data Collected from Landing Page Visitors

GA4 may collect the following data from visitors to Client's Landing Page: device and browser type, approximate geographic location (country/region derived from IP address; exact IP is not retained), referring URL or search query, pages viewed, session duration, and interaction events such as button clicks and form submissions. No personally identifiable information is collected by GA4 unless a visitor voluntarily submits it via a contact form.

3A.2 Consent Management

GA4 on Biz22-hosted Landing Pages operates under Google's Consent Mode v2. All analytics signals default to "denied." Consent is updated in real time based on each visitor's selection via the cookie consent banner displayed on the Landing Page. Provider does not collect or transmit analytics data for visitors who decline cookies.

3A.3 Data Processing

Analytics data is processed by Google LLC subject to Google's Privacy Policy and Google's data processing terms. Provider receives aggregated analytics reports and uses them to monitor platform performance and service quality. For full details, see Section 4A of our Privacy Policy.

3A.4 Client Acknowledgment

By using the Service and having a Landing Page hosted on the Biz22 platform, Client acknowledges and agrees that: (i) Google Analytics 4 will be present on their Landing Page as a platform feature; (ii) visitor analytics data will be collected subject to each visitor's consent; and (iii) such collection is governed by Google's terms and is necessary for platform operation and quality monitoring.

4. AI-Powered Service & Technology Disclosure

4.1 Use of Artificial Intelligence

Client acknowledges and agrees that the Service utilizes artificial intelligence ("AI") technologies to generate, design, review, and optimize Landing Pages. Specifically, the Service employs:

• AI language models (including but not limited to Anthropic's Claude API) for content generation, design planning, code generation, quality assurance review, and content screening
• AI image generation models (including but not limited to Google's Gemini API) for logo creation and supplemental image generation when Client does not provide their own assets
• AI vision models for image validation, relevance assessment, and quality control
• Third-party stock image services (including but not limited to Pexels and Unsplash) for sourcing supplemental photography

4.2 Data Transmission to AI Providers

By using the Service, Client expressly consents to the transmission of Client-provided information (including but not limited to business name, business description, contact information, business address, hours of operation, service descriptions, and uploaded images) to third-party AI service providers for the purpose of generating the Landing Page. Client acknowledges that:

• Client data will be processed by third-party AI providers subject to their respective terms of service and privacy policies
• Provider does not control the data handling practices of third-party AI providers
• AI-generated outputs may not be eligible for copyright protection under current United States law
• AI systems may occasionally produce inaccurate, incomplete, or unexpected results

4.3 AI Output Limitations

Provider does not guarantee the accuracy, completeness, originality, or fitness for a particular purpose of any AI-generated content. Client is solely responsible for reviewing all generated content for accuracy, legal compliance, and suitability before the Landing Page is published or made publicly accessible. Provider shall not be liable for any claims, damages, or losses arising from reliance on AI-generated content.

4.4 Automated Content Screening

Provider employs automated content screening systems (including AI-powered review) to evaluate order submissions for compliance with our content policies. Orders that are flagged by automated systems may be subject to additional manual review, delays, or rejection at Provider's sole discretion. Client acknowledges that automated screening decisions are not subject to appeal beyond the manual review process described in Section 10.

5. Account Registration & Security

To use certain features of the Service, you must create an account. Account creation occurs when you place your first order through the Service. You agree to:

• Provide accurate, current, and complete information during registration and order placement
• Maintain the security and confidentiality of your account credentials, including any magic link emails
• Promptly notify Provider of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

Provider is not liable for any loss or damage arising from your failure to maintain the security of your account. Provider reserves the right to suspend, disable, or terminate any account at any time, for any reason or no reason, with or without notice, including but not limited to suspected fraudulent activity, violation of these Terms, or inactivity.

Accounts are non-transferable. You may not sell, assign, sublicense, or otherwise transfer your account or any rights under these Terms to any third party without Provider's prior written consent.

6. Payment Terms

6.1 One-Time Setup Fee

• The one-time setup fee covers the initial design, AI generation, and configuration of your Landing Page
• The setup fee is non-refundable once work has begun
• 24-hour cooling-off period: A full refund is available only if requested within twenty-four (24) hours of payment AND work has not yet begun on the project
• Work is considered to have "begun" once any of the following has commenced: design planning, AI content generation, template configuration, image sourcing, content review, or any other preparatory work

6.2 Hosting & Security Subscription

• Billed on a recurring basis (monthly or annually) depending on the selected plan
• May be cancelled at any time; service continues until the end of the current billing period
• No prorated refunds for partial billing periods under any circumstances
• Subscription billing begins when the Landing Page is marked as complete (see Section 7 regarding auto-completion)
• Provider reserves the right to change subscription pricing with thirty (30) days' advance notice; continued use after the price change constitutes acceptance

6.3 Content Update Subscription

• Optional recurring subscription for periodic content updates to the Landing Page
• Same billing and cancellation terms as the Hosting & Security Subscription

6.4 Add-On Services

• Additional services (extra sections, features, redesigns) are billed separately at the then-current rates
• Add-on services are non-refundable once work has begun

6.5 Payment Processing

All payments are processed securely through Stripe, Inc. ("Stripe"). By making a payment, you agree to Stripe's Terms of Service. Provider does not store credit card numbers or sensitive payment credentials on its servers. Provider is not responsible for any errors, failures, or delays in payment processing caused by Stripe or your financial institution.

6.6 Taxes

All fees are exclusive of applicable taxes unless otherwise stated. Client is responsible for all applicable sales tax, use tax, VAT, or other governmental taxes or fees associated with the Service, except for taxes based on Provider's net income.

For complete refund details, please see our Refund Policy.

7. Customer Response & Auto-Completion

To ensure timely project completion, the following auto-completion provisions apply:

• If Client does not respond to draft delivery notifications or completion emails within three (3) business days, the project will automatically proceed to the next stage of the workflow
• Failure to respond to a completion notification will result in the project being automatically marked as complete
• Subscription billing will commence upon project completion, regardless of whether Client has reviewed or responded to the deliverables
• No refunds will be issued for delays or auto-completion events caused by Client's failure to respond
• The revision period (Section 8) begins upon initial delivery, not upon Client's first review

It is Client's sole responsibility to monitor all communications (including email) and respond in a timely manner. Provider is not responsible for undelivered emails due to Client's spam filters, incorrect email addresses, full inboxes, or any other email delivery issues on Client's end.

8. Revisions Policy

• Unlimited revisions at no additional cost within seven (7) calendar days of initial delivery
• After the 7-day revision period: $19 per revision request (On-Demand Revision add-on)
• Major scope changes — including but not limited to new pages, new features, significant redesigns, structural changes, or additional integrations — require additional payment regardless of timing
• Revision requests must be clearly communicated in writing via email or the customer dashboard
• Provider determines, at its sole discretion, whether a requested change constitutes a "revision" or a "major scope change"
• Provider reserves the right to set reasonable limits on the number of revision iterations within any single revision request

Revisions are limited to modifications of existing content, layout adjustments, color changes, text edits, and similar minor changes to the delivered Landing Page. Revisions do not include adding new functionality, creating additional pages, integrating third-party services, or any work that falls outside the original scope of the Service.

9. Client Responsibilities

Client must provide all required information and materials, including but not limited to:

• Business name, description, and text content
• Preferred style, colors, and design references
• Images, logos, or other visual assets (with full rights to use such materials)
• Contact information, business hours, and service/product descriptions
• Domain access credentials (if connecting an existing domain)

Delays caused by missing, incomplete, or inaccurate materials are solely Client's responsibility. Provider shall not be liable for any consequences arising from Client's failure to provide accurate or timely information.

Client is solely responsible for ensuring that all materials provided to Provider (including but not limited to text, images, logos, trade names, and trademarks) do not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party. Client represents and warrants that Client has all necessary rights, licenses, and permissions to provide such materials to Provider for use in creating the Landing Page.

10. Inappropriate Content & Acceptable Use Policy

Provider reserves the right, at its sole and absolute discretion, to reject, cancel, suspend, or terminate any order or account containing or promoting content that Provider deems inappropriate, harmful, or in violation of these Terms. Prohibited content includes, but is not limited to:

• Explicit, adult, sexually suggestive, or pornographic content
• Hate speech, harassment, bullying, or content promoting discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic
• Content promoting or glorifying violence, terrorism, or self-harm
• Content promoting illegal activities, including but not limited to drug trafficking, weapons sales, fraud, or money laundering
• Phishing, scam, deceptive, or fraudulent content
• Trademark or copyright infringement
• Malware, spyware, or any malicious code or links
• Gambling or betting services (unless legally licensed and disclosed)
• Multi-level marketing schemes or pyramid schemes
• Content that violates any applicable local, state, federal, or international law or regulation
• Any content that, in Provider's sole judgment, could damage Provider's reputation or expose Provider to legal liability

Consequences of violation: If an order is cancelled or an account is terminated due to a content policy violation, all fees paid are forfeited and non-refundable. Provider may immediately revoke domain access, disable site hosting, and terminate all services without prior notice or refund for policy violations discovered at any time, whether before or after delivery.

Provider's decision regarding content policy violations is final and not subject to appeal.

11. Content Ownership & Intellectual Property

11.1 Client Content

Client retains all ownership rights in the content Client provides to Provider, including but not limited to text, images, logos, trademarks, and branding materials ("Client Content"). By submitting Client Content, Client grants Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Content solely for the purpose of performing the Service.

11.2 Provider Property

Provider retains all ownership rights in and to its proprietary technology, including but not limited to:

• Design systems, templates, layout variants, and style libraries
• Source code, codebases, algorithms, and software tools
• AI prompts, workflows, agent pipelines, and automation systems
• Internal components, frameworks, and development methodologies
• Design blueprints, specifications, and architectural patterns
• The Biz22 name, logo, trademarks, and brand identity

Nothing in these Terms transfers any ownership of Provider's intellectual property to Client.

11.3 Generated Landing Page — License Grant

The Landing Page created for Client through the Service is a combination of Provider's proprietary technology (templates, code, design systems) and Client Content. Upon full payment and subject to Client's continued compliance with these Terms:

• Client is granted a non-exclusive, non-transferable, revocable license to use the Landing Page for Client's business purposes for so long as Client maintains an active hosting subscription
• This license does not constitute a transfer of ownership of the underlying code, design, or structure of the Landing Page
• Client may not resell, redistribute, sublicense, reverse-engineer, or repurpose the Landing Page code or design for any purpose other than operating Client's own business website
• This license is automatically revoked upon termination of the hosting subscription (subject to the grace period in Section 12), non-payment, or violation of these Terms

11.4 AI-Generated Content

Client acknowledges that portions of the Landing Page (including but not limited to text, layout decisions, and design elements) are generated using artificial intelligence. Under current United States copyright law, AI-generated content may not be eligible for copyright protection. Provider makes no representations or warranties regarding the copyrightability or intellectual property status of AI-generated portions of the Landing Page.

11.5 AI-Generated Images & Logos

If Provider generates a logo or images for Client using AI image generation technology (such as Google Gemini Imagen), Client acknowledges that:

• AI-generated logos and images may not be eligible for trademark or copyright registration
• Provider does not guarantee that AI-generated images are unique or free from similarity to existing works
• Client uses AI-generated logos and images at Client's own risk
• Client is solely responsible for conducting trademark searches or clearance before using an AI-generated logo as a business identifier

11.6 Stock Images

If Provider sources stock photography from third-party services (such as Pexels or Unsplash) for use in Client's Landing Page, such images are used under the respective third-party licenses. Provider does not claim ownership of stock images and makes no warranty that stock images will remain available or that their licensing terms will not change. Client acknowledges that stock image licenses may have restrictions and that Client's use of stock images is subject to the applicable third-party terms.

11.7 Provider's Right to Reuse

Provider retains the right to reuse, adapt, and repurpose any non-Client-Content elements of the Landing Page (including design patterns, code structures, layout approaches, and anonymized design blueprints) for other clients or for Provider's own purposes, including but not limited to portfolio display, marketing materials, and internal development.

12. Subscription Cancellation & Data Retention

12.1 Cancellation

• You may cancel your hosting subscription at any time via your dashboard or by emailing support@biz22.com
• No prorated refunds will be issued for any reason
• Your Landing Page will remain accessible until the end of your current billing cycle

12.2 Grace Period

• After your billing period ends, your Landing Page will remain accessible for thirty (30) additional calendar days ("Grace Period")
• During the Grace Period, you may reactivate your subscription to restore full service
• After the Grace Period, your Landing Page will be archived and taken offline

12.3 Restoration

• Archived Landing Pages may be restored within ninety (90) calendar days of archival by reactivating your subscription
• After ninety (90) days, Provider reserves the right to permanently delete all site data, files, images, and associated content without notice
• Provider is under no obligation to retain or provide copies of any data after the 90-day restoration period

12.4 Data Retention

Regardless of account status, Provider may retain order records, payment records, communication logs, and other business records for as long as necessary to comply with legal obligations, resolve disputes, enforce agreements, and maintain internal business records. See our Privacy Policy for more details on data retention practices.

13. Content Responsibility & Liability

13.1 Client's Responsibilities

Client is solely and exclusively responsible for:

• All uploaded photos, logos, images, and visual assets, including full copyright and licensing compliance
• The accuracy, truthfulness, and completeness of all business information provided
• Legal compliance with all applicable local, state, federal, and international laws, business licenses, permits, and industry-specific regulations
• Domain name ownership, registration, renewal, and DNS management
• Content accuracy after site delivery and throughout the life of the Landing Page
• Compliance with accessibility standards (ADA, WCAG) as applicable to Client's business
• Obtaining all necessary consents from individuals whose information appears on the Landing Page
• Compliance with advertising and marketing regulations applicable to Client's industry and jurisdiction
• Any and all claims or liabilities arising from Client's business operations conducted through or referenced on the Landing Page

13.2 Provider's Exclusions

Provider is NOT responsible for:

• Client's legal compliance with any laws, regulations, or industry standards
• The accuracy, truthfulness, or legality of Client-provided information
• Third-party intellectual property claims arising from Client-provided content
• Legal claims, fines, penalties, or damages arising from Client's business operations, advertisements, or content
• Search engine rankings, website traffic, conversion rates, customer inquiries, revenue, or any other business results
• Client's compliance with data protection or privacy laws (GDPR, CCPA, HIPAA, etc.) as applicable to Client's business
• Any damages resulting from Client's failure to review and approve generated content
• The actions or omissions of any third party, including but not limited to domain registrars, DNS providers, and hosting infrastructure providers

14. Service Interruptions & Uptime

Provider strives for maximum uptime but expressly does not guarantee uninterrupted, error-free, or secure operation of the Service or any Landing Page. The Service is provided on an "as available" basis. No compensation, credits, or refunds will be provided for:

• Scheduled or unscheduled maintenance periods
• Third-party outages or failures (including but not limited to Vercel, Supabase, Stripe, DNS providers, domain registrars, CDN providers, and internet service providers)
• Force majeure events (as defined in Section 23)
• Cyberattacks, DDoS attacks, data breaches, or other security incidents
• Software bugs, errors, or glitches
• Browser or device incompatibilities

Provider's sole obligation regarding errors or downtime is to use commercially reasonable efforts to restore service as soon as practicable. Provider is not liable for any lost revenue, lost profits, lost data, business interruption, or any other damages of any kind arising from service interruptions or errors, regardless of whether Provider was advised of the possibility of such damages.

15. Domain Management

• Every Landing Page is hosted on a free biz22.com subdomain (yourbusinessname.biz22.com) at no additional cost
• Subdomain name changes may be requested in writing via the customer dashboard; Provider will accommodate reasonable requests at no charge
• Clients who purchase the Custom Domain Connection add-on (Section 3.3) are solely responsible for purchasing, owning, maintaining, and renewing their domain name through a registrar of their choice; Provider does not register or manage custom domains
• Provider may revoke hosted domain access for policy violations, non-payment, or any other breach of these Terms
• Provider is not liable for any issues arising from Client's domain configuration, DNS settings, domain expiration, or transfer of domain ownership

16. Project Timeline

The estimated delivery timeline of two to three (2-3) business days begins only after Provider receives all required materials from Client. Timelines are estimates only and do not constitute guaranteed delivery dates. Provider shall not be liable for any damages arising from delays in delivery. If Client fails to provide all required materials within thirty (30) calendar days of order placement, the project may be marked complete with no refund, and subscription billing may commence.

17. Chargebacks & Payment Disputes

17.1 Mandatory Pre-Dispute Resolution

Client MUST contact Provider at support@biz22.com to attempt resolution before initiating any credit card dispute, chargeback, or payment reversal with Client's bank or financial institution. Provider requires a minimum of five (5) business days to investigate and respond to any complaint or dispute.

17.2 Evidence in Disputes

Any dispute filed after service has begun will be contested with full documentation, including but not limited to:

• Terms acceptance timestamp, IP address, and user agent data
• Stripe checkout metadata, payment records, and transaction logs
• Order form submission data and Client-provided materials
• Project progress documentation (AI generation logs, screenshots, revision history)
• Email communication logs and delivery confirmations
• Service delivery confirmations and completion timestamps

17.3 Consequences of Unauthorized Chargebacks

• Unauthorized chargebacks (chargebacks filed without first contacting Provider) will result in immediate service termination, including disabling the Landing Page
• Client's account will be permanently banned from all current and future services
• A $25 administrative fee will be added to the disputed amount to cover processing costs
• Provider reserves the right to pursue collection of all owed amounts through available legal remedies, including but not limited to collection agencies and legal action
• Client agrees to reimburse Provider for all costs incurred in responding to and contesting the chargeback, including but not limited to Stripe chargeback fees, staff time, and attorney's fees

18. Right to Refuse or Terminate Service

Provider reserves the absolute right, at its sole discretion, to refuse service to any person or entity, reject any order, cancel any account, and terminate any subscription for any reason or no reason, at any time, with or without prior notice. This includes, but is not limited to:

• Suspected fraudulent activity or misrepresentation
• Prior chargebacks, disputes, or payment issues
• Content that violates our Acceptable Use Policy (Section 10)
• Abusive, threatening, or harassing behavior toward Provider or its staff
• Use of the Service for any purpose that Provider, in its sole judgment, deems inappropriate
• Any violation of these Terms

In the event Provider refuses or terminates service, Provider's sole obligation shall be to refund any prepaid amounts for services not yet rendered, minus any applicable fees, costs, or damages incurred by Provider. Provider shall not be liable for any damages, losses, or inconvenience arising from refusal or termination of service.

19. Legal Compliance Disclaimer

Client is solely and exclusively responsible for compliance with all applicable laws and regulations in all jurisdictions in which Client operates, including but not limited to:

• Local, state, federal, and international laws
• Industry-specific regulations (healthcare/HIPAA, finance, legal services, food service, construction, etc.)
• Business licensing and permit requirements
• Consumer protection and truth-in-advertising laws
• Privacy and data protection regulations (GDPR, CCPA, PIPEDA, etc.)
• Anti-spam legislation (CAN-SPAM Act, CASL, etc.)
• Web accessibility standards (ADA, Section 508, WCAG)
• Tax collection and reporting obligations
• Employment and labor laws

Provider makes absolutely no representations, warranties, or guarantees about the legal compliance of Client's business, content, or Landing Page. The Service does not include legal review, legal advice, or compliance auditing of any kind. Provider is not a law firm and does not provide legal counsel. Provider strongly recommends that Client consult with a qualified attorney to ensure legal compliance with all applicable laws.

Provider is not liable for any regulatory violations, fines, penalties, lawsuits, legal actions, or damages of any kind arising from Client's use of the Service or the content displayed on or referenced by Client's Landing Page.

20. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL LANDING PAGES, AI-GENERATED CONTENT, DESIGNS, CODE, AND ALL OTHER MATERIALS AND SERVICES PROVIDED BY PROVIDER, IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES OF TITLE
• WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL MEET CLIENT'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET CLIENT'S EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROVIDER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions shall apply to the fullest extent permitted by applicable law.

21. Limitation of Liability

21.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO PROVIDER DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

21.2 Exclusion of Consequential Damages

IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR INCOME
• LOSS OF BUSINESS OPPORTUNITIES
• BUSINESS INTERRUPTION
• LOSS OF DATA, INFORMATION, OR CONTENT
• DAMAGE TO GOODWILL OR REPUTATION
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• LOSS OF USE OR FUNCTIONALITY
• ANY OTHER INTANGIBLE LOSSES

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by applicable law.

22. Indemnification

Client agrees to indemnify, defend, and hold harmless Provider, David's Dream LLC, and their respective officers, directors, members, managers, employees, agents, contractors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, demands, damages, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees, court costs, and expert witness fees) arising out of or relating to:

• Client Content or any materials provided by Client
• Client's use (or misuse) of the Service or the Landing Page
• Client's business operations, products, or services
• Any third-party claims of intellectual property infringement related to Client Content
• Client's violation of these Terms or any applicable law or regulation
• Client's negligence or willful misconduct
• Any dispute between Client and a third party (including Client's own customers)
• Any claim that Client Content caused damage to a third party
• Client's failure to comply with applicable privacy, data protection, or consumer protection laws

This indemnification obligation shall survive the termination or expiration of these Terms and Client's use of the Service. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client, in which event Client shall cooperate fully with Provider in asserting any available defenses.

23. Force Majeure

Provider shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond Provider's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions or orders, war, terrorism, civil unrest, labor disputes, utility or power failures, internet or telecommunications failures, cyberattacks, DDoS attacks, hacking, data breaches, third-party service provider outages, fire, flood, earthquake, hurricane, or other catastrophic events ("Force Majeure Events").

During the continuance of a Force Majeure Event, Provider's affected obligations shall be suspended. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the affected services upon written notice. No refunds shall be issued for service disruptions caused by Force Majeure Events.

24. Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS, YOU ARE WAIVING CERTAIN RIGHTS.

24.1 Agreement to Arbitrate

Client and Provider agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Service, or the relationship between Client and Provider (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth in Section 24.5 below.

24.2 Arbitration Rules & Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator.

• The arbitration shall take place in the State of Texas, or at the option of the party seeking relief, via telephone, video conference, or written submissions
• The arbitrator shall apply Texas substantive law (without regard to conflict-of-law principles)
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• The arbitrator shall have the authority to award the same damages and relief that a court could award
• Each party shall bear its own costs of arbitration, except as otherwise provided by AAA rules or applicable law

24.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AND PROVIDER EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision (Section 24) shall be null and void, and the Dispute shall be resolved exclusively in the courts specified in Section 25.

24.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH CLIENT AND PROVIDER WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS.

24.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring a claim in small claims court (if the claim qualifies) or seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights, enforce confidentiality obligations, or address unauthorized access to the Service.

24.6 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to support@biz22.com within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the Dispute shall be resolved exclusively in the courts specified in Section 25.

25. Governing Law & Jurisdiction

These Terms, and any Disputes arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict-of-law provisions.

To the extent that any Dispute is not subject to arbitration under Section 24, Client and Provider agree that any such Dispute shall be brought exclusively in the state or federal courts located in the State of Texas, and both parties irrevocably consent to the personal jurisdiction and venue of such courts. Client waives any objection to jurisdiction or venue in such courts, including any objection based on forum non conveniens.

26. Communications & Electronic Notices

By using the Service, Client consents to receive electronic communications from Provider, including but not limited to:

• Order confirmations and status updates
• Project delivery and revision notifications
• Subscription billing and payment confirmations
• Service announcements and updates
• Policy change notifications
• Marketing and promotional communications (from which you may unsubscribe at any time)

Client agrees that all agreements, notices, disclosures, and other communications that Provider provides electronically satisfy any legal requirement that such communications be in writing. Provider is not responsible for communication failures caused by Client's email provider, spam filters, incorrect contact information, or other factors outside Provider's control.

27. Modifications to Terms

Provider reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. Material changes to these Terms will be communicated by posting the updated Terms on the Service with a revised "Last updated" date. For material changes that affect active subscriptions, Provider will make reasonable efforts to provide thirty (30) days' advance notice via email to the address associated with your account.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, your sole remedy is to discontinue use of the Service and cancel your subscription.

Modifications to these Terms shall not retroactively apply to orders placed before the effective date of the modification, except where required by law or where the modification provides additional protections to Client.

28. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if such modification is not possible, it shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

29. No Waiver

The failure of Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by Provider to be effective. A waiver of any provision on one occasion shall not be deemed a waiver of such provision on any subsequent occasion, nor shall it be deemed a waiver of any other provision.

30. Assignment

Client may not assign, transfer, delegate, or sublicense any of Client's rights or obligations under these Terms without Provider's prior written consent. Any attempted assignment without such consent shall be null and void.

Provider may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any third party without notice to or consent from Client, including but not limited to in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Provider's assets.

31. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any additional terms or agreements entered into between Client and Provider (such as add-on service agreements), constitute the entire agreement between Client and Provider regarding the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, negotiations, representations, and communications, whether written or oral, relating to such subject matter.

No statement, promise, or representation made by any employee, agent, or representative of Provider that is not contained in these Terms shall be binding on Provider.

32. Headings & Interpretation

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. The word "including" means "including without limitation." References to "days" mean calendar days unless otherwise specified as "business days." If any ambiguity exists in these Terms, the Terms shall not be construed against the drafter.

33. Survival

The following sections shall survive the termination or expiration of these Terms: Section 4 (AI-Powered Service), Section 11 (Content Ownership & Intellectual Property), Section 12.4 (Data Retention), Section 13 (Content Responsibility & Liability), Section 17 (Chargebacks), Section 19 (Legal Compliance Disclaimer), Section 20 (Disclaimer of Warranties), Section 21 (Limitation of Liability), Section 22 (Indemnification), Section 24 (Binding Arbitration & Class Action Waiver), Section 25 (Governing Law), Section 29 (No Waiver), Section 30 (Assignment), Section 31 (Entire Agreement), and this Section 33 (Survival), together with any other provisions that by their nature are intended to survive termination.

34. Acceptance of Terms

By completing payment, submitting an order, creating an account, or otherwise using the Service, Client formally and irrevocably agrees to these Terms in their entirety. Client acknowledges that Client has had a reasonable opportunity to review these Terms before agreeing. Failure to read these Terms does not exempt Client from being bound by them.

Provider records the timestamp, IP address, and user agent of each Terms acceptance for verification and dispute resolution purposes. By accepting these Terms, you consent to this data collection as further described in our Privacy Policy.

Contact

For questions about these Terms, to resolve any issues, or to submit formal notices, please contact us at:

David's Dream LLC (d/b/a Biz22)
Email: support@biz22.com