Terms of Service

1. Description of the Service

The Service is a software-as-a-service platform that enables small service businesses to create and deploy AI-powered chatbots. These bots integrate with third-party services including HighLevel CRM, Google Calendar, Telnyx (SMS), Meta (advertising), and OpenAI (AI responses) to automate customer communications, appointment scheduling, and local advertising on your behalf.

2. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or use.

We reserve the right to suspend or terminate accounts that contain false information, violate these Terms, or are inactive for an extended period.

4. Payments, Billing, and Refunds

Certain features of the Service require payment. All payments are processed securely by Stripe on our behalf. By providing payment information, you authorize us to charge the applicable fees to your payment method.

• All fees are quoted in US dollars and are non-refundable unless otherwise stated
• You are responsible for any applicable taxes
• We reserve the right to change pricing with 30 days' notice

Refund Policy: If you are unsatisfied with the Service, you may request a refund within 14 days of your initial purchase by contacting us at isabelle@permanentprofits.co. Refunds are issued at our sole discretion. No refunds are available for partial months of service, usage-based charges (SMS, ad spend), or after the 14-day window.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for early cancellation.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Send unsolicited, deceptive, or fraudulent messages
• Transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Use AI-generated responses to provide medical, legal, or financial advice
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Resell or redistribute the Service without our written consent

We reserve the right to suspend or terminate your account immediately for any violation of this section.

6. SMS and Messaging Compliance (TCPA)

The Service enables you to send and receive SMS messages to your customers via Telnyx. You are solely responsible for compliance with all applicable messaging laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state or local regulations. Specifically, you agree to:

• Obtain proper express written consent from each recipient before sending any automated or AI-generated messages
• Provide a clear opt-out mechanism (e.g., reply STOP) in compliance with carrier and regulatory requirements
• Honor all opt-out requests immediately
• Maintain records of consent for each recipient
• Not send messages to numbers on the National Do Not Call Registry without proper consent
• Not use the Service to send messages for debt collection, telemarketing, or any purpose prohibited by law without appropriate compliance measures

You acknowledge that TCPA violations may carry statutory damages of $500–$1,500 per message. You agree to indemnify and hold us harmless from any claims, damages, or penalties arising from your messaging practices.

7. AI-Generated Content Disclaimer

The Service uses artificial intelligence (powered by OpenAI) to generate chatbot responses on your behalf. You acknowledge and agree that:

• AI-generated responses may be inaccurate, incomplete, or inappropriate and are provided on an "as-is" basis
• You are responsible for reviewing, configuring, and monitoring your bot's responses to ensure they are accurate and appropriate for your business
• We do not guarantee the accuracy, reliability, or suitability of any AI-generated content
• AI-generated content does not constitute professional advice of any kind (medical, legal, financial, or otherwise)
• We may modify, update, or change AI models and features at any time without notice

8. Google Calendar Integration

The Service offers optional integration with Google Calendar for appointment scheduling. When you connect your Google account, you authorize us to:

• Access your Google account email address
• Read your calendar free/busy information to determine availability
• Create, read, and cancel calendar events on your behalf

Our use of Google user data complies with the Google API Services User Data Policy, including the Limited Use requirements. Google Calendar data is used exclusively to provide scheduling functionality and is never sold, shared for advertising, or used for purposes unrelated to the Service.

You may disconnect your Google account at any time through your account settings or by revoking access via your Google Account permissions page. Upon disconnection, your stored Google tokens are immediately deleted from our systems.

9. Meta Advertising

The Service allows you to create and manage local advertisements on Meta platforms (Facebook and Instagram) through our simplified ad wizard. By using this feature, you agree to:

• Comply with Meta's Advertising Policies and all applicable advertising laws
• Ensure that all ad content (including text, images, and targeting) is truthful, non-deceptive, and compliant with applicable regulations
• Take full responsibility for the content and targeting of ads created through the Service
• Authorize us to create and manage ads on your connected Meta ad account on your behalf

We are not responsible for ad performance, delivery, or any actions taken by Meta regarding your ad account, including disapprovals or account restrictions. Ad spend is billed directly by Meta and is non-refundable by us.

10. Third-Party Integrations

The Service integrates with third-party platforms including HighLevel, Google, Telnyx, Meta, OpenAI, Stripe, and Supabase. Your use of these integrations is subject to the respective third party's terms of service and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.

We may add, modify, or discontinue third-party integrations at any time. If a third-party service becomes unavailable, we will make reasonable efforts to notify you but are not liable for any resulting disruption.

11. Intellectual Property

Our Property: The Service, including its design, code, features, and documentation, is owned by Permanent Profits and protected by intellectual property laws. Nothing in these Terms grants you ownership of the Service or any right to use our trademarks, logos, or branding.

Your Content: You retain ownership of all content, data, and configurations you create or upload to the Service ("Your Content"). You grant us a limited, non-exclusive license to use, process, and display Your Content solely to provide the Service to you.

12. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your information. By using the Service, you consent to the data practices described in our Privacy Policy.

13. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided on an "as available" basis. We may perform scheduled maintenance, updates, or modifications that temporarily affect availability. We are not liable for any downtime, data loss, or service disruptions.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTHETIC EDGE LLC D/B/A PERMANENT PROFITS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED CONTENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED RESPONSES WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE.

16. Indemnification

You agree to indemnify, defend, and hold harmless Esthetic Edge LLC d/b/a Permanent Profits and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your messaging practices, including TCPA violations; (e) the content of ads created through the Service; (f) your customers' claims related to AI-generated bot responses; or (g) your violation of any third party's rights.

17. Termination

You may terminate your account at any time by contacting us or through your account settings. We may suspend or terminate your account at any time, with or without cause, including for violation of these Terms.

Upon termination: (a) your right to use the Service ceases immediately; (b) we may delete your data after a 30-day grace period; (c) provisions that by their nature should survive termination (including Sections 14–16) will remain in effect.

18. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised effective date and, where practicable, by email. Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you disagree with any changes, you must stop using the Service and close your account.

19. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Pinellas County, Florida. You consent to the personal jurisdiction of such courts.

20. Contact Us

If you have questions about these Terms, contact us at:

Esthetic Edge LLC d/b/a Permanent Profits
7901 4th St N, Ste 300, St Petersburg, FL 33702
Email: isabelle@permanentprofits.co