Terms of Service

Business Genius LLC
30 N Gould St, Ste R
Sheridan, WY 82801
(307) 429-4019
[email protected]
Website: https://mybusinessgenius.com

Effective Date: 12/6/24
Last Updated: 12/6/25

1. Acceptance of Terms

These Terms of Service (“Terms”) are a legal agreement between you (“you,” “your,” or “User”) and Business Genius LLC, a Wyoming limited liability company (“Business Genius,” “Company,” “we,” “us,” or “our”), governing your access to and use of our website, software, applications, integrations, artificial intelligence (“AI”) tools, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

2. Company Information & Governing Law

Business Genius LLC is organized under the laws of the State of Wyoming and governed by the Wyoming Limited Liability Company Act (W.S. 17-29-101 et seq.), as amended from time to time. Our business practices are also subject to applicable U.S. federal law and, where applicable, state consumer protection laws, including the Wyoming Consumer Protection Act (W.S. 40-12-101 et seq.), as amended.

3. Description of Services

Business Genius provides software-as-a-service (“SaaS”) solutions, including but not limited to:

• AI-powered automation tools and workflows;
• Business systems integrations and APIs;
• AI-generated recommendations, content, and communications;
• Custom automation, scripting, and consulting services.

We may update, improve, or discontinue any part of the Services at any time, with or without notice, provided that such changes do not materially violate any active written agreement we have with you.

4. Eligibility & Accounts

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services.

When you create an account, you agree to:

• Provide accurate and complete information;
• Maintain the confidentiality of your login credentials;
• Be responsible for all activities that occur under your account.

We may suspend or terminate your account if we suspect or discover any violation of these Terms or misuse of the Services.

5. SaaS Subscriptions, Billing & Refund Policy

5.1 Subscription Plans

Certain Services are made available on a subscription basis (“Subscription”). Subscription details, including pricing and billing interval, are disclosed at checkout or in a written agreement.

5.2 Automatic Renewal

Unless otherwise stated, Subscriptions automatically renew at the end of each billing period at the then-current rate, until canceled by you or by us in accordance with these Terms.

5.3 Payments

You authorize us and our third-party payment processors to charge your payment method for all applicable fees. You are responsible for maintaining valid payment information. If payment cannot be processed, we may suspend or terminate your access to the Services.

5.4 Refunds

Unless explicitly stated in a specific offer or separate written agreement:

• All fees are non-refundable;
• We are not obligated to provide partial refunds for unused time or features.

Refunds may be considered on a case-by-case basis only in instances of documented billing errors or duplicate charges.

5.5 Chargebacks

You agree to contact us first at [email protected] to attempt to resolve any billing disputes before initiating a chargeback. Unauthorized or unwarranted chargebacks may result in immediate account termination and may be pursued through collections or legal channels.

6. Acceptable Use & Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services for any unlawful, fraudulent, or malicious activity;
• Attempt to gain unauthorized access to our systems or other users’ data;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Reverse engineer, decompile, or attempt to access source code, except where allowed by law;
• Use AI outputs to mislead, defraud, impersonate others, or engage in unfair or deceptive business practices;
• Upload or transmit viruses, malicious code, or harmful scripts.

7. User Content & License

You may provide data, text, files, or other content to the Services (“User Content”). You retain ownership of your User Content, subject to the limited license granted to us in these Terms.

You grant Business Genius a worldwide, non-exclusive, royalty-free license to host, use, process, store, transmit, display, and perform your User Content solely as needed to provide, maintain, improve, and secure the Services, and as otherwise permitted by our Privacy Policy and any applicable Data Processing Addendum.

You represent and warrant that you have all necessary rights, consents, and permissions to submit User Content and to grant the foregoing license.

8. Intellectual Property

All intellectual property rights in the Services, including software, AI models, text, graphics, logos, designs, interfaces, and underlying technology (collectively, “Company IP”) are owned by Business Genius LLC or its licensors and are protected under United States and international laws.

Subject to your compliance with these Terms and any applicable Subscription, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes.

Nothing in these Terms transfers any ownership rights in Company IP to you.

9. AI Outputs & Disclaimers

The Services may generate AI-based content, such as text, recommendations, data analysis, code suggestions, or automations (“AI Output”). You understand and agree that:

• AI Output is generated automatically and may contain errors, omissions, or inaccuracies;
• AI Output should be reviewed by a qualified human before being relied upon or implemented;
• AI Output does not constitute legal, tax, financial, medical, or other professional advice.

You are solely responsible for how you use AI Output, including any decisions, actions, or failures to act, and any resulting outcomes.

10. Data Protection, Privacy & AI Compliance

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information, and how we address rights under GDPR, CCPA/CPRA, and other applicable laws.

Where required by law (e.g., GDPR in the EU/UK or other privacy regimes), we act as a “processor” or “service provider” for certain customer data and will process such data only on documented instructions from you, as further described in any applicable Data Processing Addendum (“DPA”).

We do not “sell” personal information as that term is defined under the California Consumer Privacy Act (CCPA/CPRA), and we do not use your personal information to train foundation AI models in a way that would identify you, unless we have your explicit consent or are allowed under applicable law.

11. Data Processing Addendum (DPA) for Business Customers

For business customers that require specific data protection terms (including those subject to GDPR, UK GDPR, or similar laws), we may enter into a separate DPA that supplements these Terms. In the event of any conflict between these Terms and an executed DPA, the DPA will govern with respect to the processing of personal data.

If you require a DPA, please contact us at [email protected].

12. HIPAA and Sensitive Health Information

Unless we have explicitly agreed in writing to act as your “Business Associate” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), our Services are not intended to be used to store, process, or transmit Protected Health Information (“PHI”) as defined by HIPAA.

You agree not to upload or transmit PHI through the Services unless:

• We have executed a separate Business Associate Agreement (BAA) with you; and
• We have confirmed that the relevant Services are configured and approved for HIPAA-related use.

If you upload PHI without a BAA in place, you do so at your own risk, and we disclaim all responsibility arising from such use.

13. Third-Party Services & Integrations

The Services may integrate with or link to third-party applications, platforms, or services. We do not control and are not responsible for such third-party services. Your use of any third-party service is governed solely by the terms and privacy policies of that third party.

14. Confidentiality

Each party agrees to use reasonable care to protect the other party’s confidential information and not to disclose it except as necessary to perform under these Terms or as required by law. This section does not limit our right to use aggregated, de-identified data in accordance with the Privacy Policy.

15. Disclaimers

To the fullest extent permitted by law, the Services and all related content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

16. Limitation of Liability

To the maximum extent allowed by applicable law, in no event shall Business Genius LLC, its members, managers, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Services, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or relating to the Services or these Terms shall not exceed the total amount of fees you have paid to us for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless Business Genius LLC and its members, managers, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your access to or use of the Services;
• Your User Content or AI Output usage;
• Your violation of these Terms or applicable law;
• Your violation of any third-party rights, including intellectual property or privacy rights.

18. Governing Law

These Terms and any dispute arising out of or relating to them or your use of the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law provisions.

19. Dispute Resolution & Arbitration; Class Action Waiver

To the fullest extent permitted by law, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by a recognized arbitration provider, conducted in Sheridan County, Wyoming, in English.

You and we agree that:

• All disputes will be resolved on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding;
• The arbitrator may not consolidate more than one person’s claims;
• The arbitrator may award only individual relief and may not award class-wide or public injunctive relief.

If this class action waiver is found unenforceable, the entire arbitration provision shall be void, and disputes shall be heard in the state or federal courts located in Sheridan County, Wyoming.

20. Changes to the Services and Terms

We may modify the Services and these Terms from time to time. When we make material changes, we will update the “Last Updated” date at the top of these Terms and, where appropriate, provide additional notice. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

21. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

22. Entire Agreement

These Terms, together with any executed DPA, order form, or written agreement between you and us, constitute the entire agreement between you and Business Genius LLC regarding the Services and supersede all prior agreements and understandings, whether written or oral.

23. Contact Information

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

Business Genius LLC
30 N Gould St, Ste R
Sheridan, WY 82801
(307) 429-4019
[email protected]