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Terms of Service

These Terms of Service ("Terms") govern your access to and use of our B2B platform, which provides online tools for managing services, contracts, clients, personnel, invoices, and online payment integration through Stripe Connect. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

1. Eligibility

To use our services, you must be at least 18 years old and have the legal authority to enter into these Terms on behalf of a company. By registering, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

2. Registration and Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any losses resulting from unauthorized use of your account.

3. Acceptable Use

You agree to use our platform solely for legitimate business purposes. You must not use our services for any fraudulent, illegal, or unauthorized activities. You agree to comply with all applicable laws and regulations in connection with your use of our services.

4. Payments and Billing

All payments processed through our platform are facilitated by Stripe Connect. You agree to comply with Stripe's policies and ensure that all payment information provided is accurate and up-to-date. You authorize us to share necessary information with Stripe to facilitate payment processing.

5. User Responsibilities

You are responsible for all content and information you provide through the platform. You must not use our services to transmit harmful, fraudulent, or infringing material. You agree to indemnify us against any claims arising from your use of the platform.

6. Intellectual Property

All intellectual property rights in the platform, including software, content, and design, are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the platform in accordance with these Terms. No other rights or licenses are granted to you.

7. Termination

We reserve the right to suspend or terminate your account if you violate these Terms, if suspicious activity is detected, or if required by law. Upon termination, your right to use the platform will cease immediately.

7.1 Service Suspension, Termination, and Modifications

We may, at our sole discretion, modify, suspend, or discontinue all or part of the Services at any time. For accounts on free plans or otherwise receiving the Services at no charge, we may suspend or terminate access due to internal operational needs, business changes, or company readjustments, with reasonable prior notice where feasible. In certain circumstances (including legal, security, fraud-prevention, or risk mitigation needs), we may act without prior notice. For paid accounts, any suspension or discontinuation will be handled in accordance with applicable law and our then-current refund or credit policy, if any. Except to the extent required by applicable law, we are not liable to you or any third party for any modification, suspension, or discontinuation of the Services. Where practicable, we will provide reasonable mechanisms to export your data prior to permanent discontinuation.

8. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of our services. Your use of the platform is at your own risk.

9. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our platform. Your continued use of the services after such changes will constitute your acceptance of the updated Terms.

10. Governing Law

These Terms are governed by the laws of the jurisdiction in which our company is established. Any disputes arising from these Terms will be resolved in the competent courts of that jurisdiction.

11. Compliance with Stripe Connect Requirements

You acknowledge that your use of Stripe Connect is subject to Stripe's terms and conditions. You agree to comply with all requirements necessary to maintain your account in good standing, including any verification processes required by Stripe.

These payment terms are mandatory for all users who intend to process payments through our platform. If you do not agree with or meet these compliance requirements, you are not permitted to use the payment processing features provided by BizCalify.

12. Prohibited Activities

You agree not to use the platform for any activities prohibited by Stripe's Restricted Businesses policy. This includes, but is not limited to, gambling, illegal substances, adult content, certain medical subscriptions, and other high-risk categories. BizCalify explicitly prohibits the use of its services for any such activities. Violating this policy may result in immediate account suspension or termination and potential reporting to relevant authorities.

13. Compliance Monitoring and Verification

Stripe may require additional documentation for verification if a user processes a high volume of payments (e.g., over $3,000 or $10,000 depending on business category). BizCalify monitors account status changes via Stripe webhooks (e.g., "account.updated" events). If Stripe requests further verification, users will be notified directly by Stripe and must complete the verification process through their Stripe dashboard to avoid account limitations. BizCalify may remind users to complete this process, but all document uploads and identity verification are handled directly by Stripe.

14. Identity Verification and Legal Compliance

BizCalify uses Stripe Connect Standard to facilitate payments. To comply with legal requirements, BizCalify collects necessary identity verification information (KYC) prior to enabling payment processing. Users must provide accurate information and complete any verification process required by Stripe or BizCalify. Failure to do so may result in service limitations or denial.

15. Tax Reporting and Form 1099-K

Stripe is responsible for issuing IRS Form 1099-K to users who process over $600 in payments annually. BizCalify facilitates this by using Stripe Connect Standard onboarding to collect necessary tax information (SSN/EIN). Users are solely responsible for ensuring their tax data is accurate and for handling their own tax obligations. BizCalify may notify users about upcoming 1099-K filings.

16. Payment Disputes

In the event of a payment dispute (chargeback), Stripe will initiate a dispute process. Users are responsible for responding with evidence and resolving disputes within Stripe's timeline. BizCalify is not responsible for lost funds due to failed disputes but will support users in providing available documentation.

17. Communication and Marketing Compliance

Users agree that BizCalify may send transactional emails and notifications. For marketing communications (newsletters, SMS, etc.), BizCalify adheres to the CAN-SPAM Act and TCPA requirements. Users must opt-in to receive marketing messages and can unsubscribe at any time. BizCalify ensures responsible use of messaging to maintain compliance and avoid spam violations.

18. SMS Text Messaging Services

BizCalify offers optional SMS text messaging services for transactional notifications including invoices, contracts, 2FA codes, appointments, and account updates. Phone numbers are obtained through your direct contract with your service provider and are already present in our system as part of your service agreement. Only you can enable SMS notifications through your account preferences. By opting into SMS notifications, you expressly consent to receive text messages from BizCalify at the phone number from your existing service contract. Message frequency varies based on account activity, typically up to 10 messages per month. Message and data rates may apply. To opt-out, reply STOP to any message or disable SMS notifications in your account preferences. For help, reply HELP or contact [email protected]. This consent is not required for service use and you may revoke it at any time. BizCalify complies with TCPA regulations and maintains opt-out records indefinitely.

19. Contact Data Consent and Customer Responsibility

BizCalify operates as a B2B platform providing communication tools to business organizations. Our customers (organizations using our platform) are solely responsible for obtaining and maintaining proper consent for all contact data, including telephone numbers, that they input into our system.

CLIENT CONSENT REQUIREMENTS: Each customer organization must obtain explicit written consent from all individuals before adding their contact information to the BizCalify platform. This includes, but is not limited to: (a) Clear disclosure that the individual's contact information will be used for business communications via SMS, email, or phone; (b) Explicit opt-in consent that can be documented and verified; (c) Maintenance of comprehensive records documenting how, when, and where consent was obtained (e.g., signed contracts, timestamped forms, recorded verbal consent with date/time stamps).

TCPA AND REGULATORY COMPLIANCE: Customer organizations must comply with all applicable telecommunications regulations, including the Telephone Consumer Protection Act (TCPA) in the United States. Organizations must be able to demonstrate express written consent for each contact in case of regulatory inspection or legal inquiry. This includes maintaining proof of consent origin, consent date, consent method, and any subsequent consent modifications or withdrawals.

PLATFORM FACILITATION: While BizCalify provides technical tools to support compliance (such as consent tracking fields, opt-out management, and communication logs), the legal responsibility for obtaining initial consent rests entirely with our customer organizations. BizCalify serves as a communication facilitator and does not independently verify or validate the consent status of contact data provided by customers.

AUDIT AND DOCUMENTATION: Customer organizations agree to maintain detailed records of consent for a minimum of 4 years and provide such documentation to BizCalify upon request for compliance verification. Organizations that cannot demonstrate proper consent for contact data may have their account suspended or terminated. BizCalify reserves the right to request consent documentation at any time and will cooperate with regulatory authorities as required by law.

For complete details on our TCPA-compliant SMS consent workflow and opt-in evidence, please visit our SMS Consent & Opt-In Evidence page.

20. Limitation of Liability and Dispute Resolution

BizCalify is not liable for disputes between platform users or for issues related to service quality, client behavior, or fraud. Users accept that use of the platform is at their own risk. These Terms include a binding arbitration clause: any dispute arising out of or related to the platform will be resolved via confidential arbitration in the jurisdiction of company registration, waiving any class actions.

21. Incident Response and Data Breaches

BizCalify maintains protocols for data security and breach response. In the event of unauthorized access to personal data, affected users and relevant authorities will be notified in accordance with applicable law. Users are encouraged to use strong passwords and report any suspicious activity immediately.

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