Terms of Service

1. Who these terms are between

These Terms of Service ("Terms") are an agreement between Be Affluence LLC ("we", "us") and the business or individual accepting them ("you", "Customer"). ReplyReady.ai and our other brands are products of Be Affluence LLC; contracting with any of them is contracting with Be Affluence LLC.

You accept these Terms by creating an account, connecting an asset, or using the Service. If you are accepting on behalf of a company, you confirm you have authority to bind it. You must be at least 18.

2. What the Service does

The Service, depending on the plan you buy, may:

• answer inbound telephone calls with an AI voice receptionist;
• reply to inbound messages on a Facebook Page or Instagram professional account you connect;
• reply to inbound SMS and website chat enquiries;
• capture and qualify leads, and schedule appointments;
• notify you of new enquiries; and
• report on enquiry volume, response time, bookings and attributed revenue for your own accounts.

The Service responds to people who contact you. It is not, and must not be used as, a tool for unsolicited outbound messaging.

3. Your account

You are responsible for the accuracy of your account details, for the security of your credentials, for the conduct of everyone you give access to, and for the instructions you configure your agents with. Tell us promptly at support@replyready.ai if you believe your account has been compromised.

4. Authority over connected accounts

This section is fundamental to the agreement. By connecting any asset to the Service — a telephone number, a Facebook Page, an Instagram professional account, a calendar or an email inbox — you represent and warrant, on each occasion, that:

1. You own or administer the asset. For a Facebook Page or Instagram professional account, you hold an administrative role granting you authority to manage messaging for it.
2. You authorize us to act for you. You appoint us as your service provider to receive, read and reply to messages sent to that asset, on your behalf and under your instructions, for as long as it remains connected.
3. You have the right to grant that authority. If the asset belongs to a client, employer or other third party, you hold their written permission to connect it and to allow automated replies on it.
4. You will comply with the platform's own rules. You remain bound by the terms of each platform you connect — including the Meta Terms of Service, Meta Platform Terms, Messenger Platform Policy and Instagram Platform Policy — and nothing you do through the Service may breach them.
5. You will disclose automation where required. You will not represent an automated reply as a message personally typed by a named human, and you will comply with any law or platform rule requiring disclosure of automated messaging.

We may require evidence of your authority at any time, and we may suspend a connection immediately if we have reasonable grounds to believe you do not hold it. Connecting an asset you are not authorized to manage is a material breach of these Terms.

5. Data roles and your obligations as controller

For the personal data of people who contact you through the Service, you are the controller (or "business" under US state privacy laws) and we are the processor (or "service provider"). We process that data only to provide the Service to you, on your documented instructions, and for no independent purpose of our own.

As controller, you are responsible for:

• having a lawful basis for the processing, and giving the notices your own privacy law requires;
• honouring the rights of the people who contact you, with our assistance — we will help you respond to access, correction and deletion requests, and we will act on requests sent directly to us;
• not sending us data you are not permitted to send us, and in particular not sending Protected Health Information (see section 9);
• instructing your agents lawfully — you may not configure an agent to mislead, discriminate, or make claims your business cannot honour.

Our processing commitments and subprocessor list are in the Privacy Policy, which forms part of these Terms. We will give you at least 30 days' notice before adding a subprocessor that processes conversation content.

6. Acceptable use

You will not, and will not permit anyone to, use the Service to:

• send unsolicited, bulk or automated outbound messages to people who have not contacted you first;
• import, upload or message a purchased, scraped or rented contact list or audience;
• continue messaging a person after they have asked you to stop — you must honour an opt-out immediately and permanently;
• send messages outside the messaging window or message type a platform permits, or use a permitted message type for a purpose it was not intended for;
• impersonate another person, business or platform, or conceal that a business is the sender;
• operate a relay, forwarding or anonymizing service between two people who are not both your customers;
• send or solicit unlawful, deceptive, harassing, hateful, sexually explicit or predatory content;
• offer or promote regulated products or services you are not licensed to offer, including securities, lending, gambling, controlled substances, weapons or prescription medicines;
• give legal, medical, tax or financial advice through an automated agent;
• extract, resell or transfer data obtained through the Service to a data broker, advertising network or list vendor;
• reverse engineer, resell or white-label the Service without our written agreement;
• probe, load-test or interfere with the Service or attempt to access another customer's data.

We monitor for these behaviours. Breach of this section may result in immediate suspension without refund, and we will report conduct to a platform or authority where we are required to.

7. Fees, billing and cancellation

Subscriptions are billed in advance through Stripe on the plan and cycle you select, and renew automatically until cancelled. Usage above your plan's included allowance is billed at the overage rate shown at checkout. Fees exclude taxes, which we add where required.

You may cancel at any time from your dashboard, effective at the end of the current billing period. We do not pro-rate partial periods. If we materially reduce the Service during a paid period, you may cancel and receive a pro-rata refund of the unused portion. Failed payments may result in suspension after notice.

8. AI output — what we do and do not promise

Agent replies are generated by machine learning models. They are usually accurate and on-brand, and they are sometimes wrong. You are responsible for reviewing your agent's configuration, for the content it sends on your behalf, and for honouring or correcting anything it tells a customer. We do not warrant that output will be accurate, complete, or fit for a particular purpose, and we are not liable for a commitment your agent makes that you choose not to honour. You can pause automation or take over any conversation manually at any time.

9. No Protected Health Information

The Service is not HIPAA-compliant, we are not a Business Associate, and we will not sign a Business Associate Agreement. You must not use the Service to transmit or store Protected Health Information. Healthcare customers may use it for scheduling and general enquiries only, and are responsible for keeping PHI out of the Service.

10. Intellectual property

We own the Service, its software, models, prompts, templates and branding. You own your business data, your conversation content and your configuration ("Customer Data"). You grant us a limited licence to host, process and transmit Customer Data solely to provide the Service and to meet our legal obligations. We do not use Customer Data to train general-purpose AI models. We may use aggregated, de-identified statistics that do not identify you or any individual to operate and improve the Service.

11. Third-party platforms

The Service connects to platforms we do not control, including Meta, telephony carriers and calendar providers. Those platforms may change, restrict or withdraw their interfaces, rate-limit us, or suspend an integration, at any time and without notice to us. We are not liable for a platform's acts, outages or policy changes, and a loss of platform access is not a breach of these Terms by us. If a platform permanently withdraws a feature you paid for, you may cancel and receive a pro-rata refund of the unused portion.

12. Disclaimer

The Service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant uninterrupted or error-free operation, that every message will be received or delivered, or that the Service will produce any particular business result.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business or lost data, however caused.

Our total aggregate liability arising out of or relating to these Terms is limited to the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars.

These limits do not apply to a party's liability for death or personal injury caused by negligence, for fraud, or to any liability that cannot lawfully be limited.

14. Indemnification

You will defend, indemnify and hold us harmless from any claim, loss, liability or expense (including reasonable legal fees) arising from: your Customer Data; your use of the Service; your breach of section 4 (authority), section 5 (controller obligations) or section 6 (acceptable use); a claim that you connected an asset you were not authorized to manage; a claim brought by a person who received a message sent on your behalf; or your violation of a platform's terms or of any law.

We will defend, indemnify and hold you harmless from any third-party claim that the Service as provided by us infringes that third party's intellectual property rights.

15. Suspension and termination

You may terminate at any time by cancelling and closing your account. We may suspend or terminate your access: for breach of these Terms; for non-payment after notice; where required by a platform, a court or a regulator; or where continued operation creates a risk of harm or legal liability. Where the circumstances allow it we will give notice and an opportunity to cure. On termination we stop processing, delete stored platform access tokens immediately, and handle remaining data under the retention schedule in the Privacy Policy. You may request an export of your Customer Data within 30 days of termination.

16. Changes to these Terms

We may amend these Terms. We will post the amended version here with a new "Last updated" date and, for material changes, email account holders at least 14 days in advance. Continuing to use the Service after the effective date constitutes acceptance. If you do not accept a material change, cancel before it takes effect and we will refund the unused portion of your current period.

17. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by writing to legal@beaffluence.com and conferring in good faith for 30 days.

If that fails, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Albuquerque, NM, with judgment enforceable in any court of competent jurisdiction.

Both parties waive any right to a jury trial and to participate in a class or representative action. Either party may still bring a qualifying claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

18. General

These Terms, together with the Privacy Policy and any order form, are the entire agreement between us and supersede prior discussions. If a provision is unenforceable, it is modified to the minimum extent necessary and the rest survives. No waiver of a breach waives any other. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control. Sections 5, 6, 10, 12, 13, 14 and 17 survive termination.

19. Contact

Be Affluence LLC
1209 Mountain Road Pl NESte RAlbuquerque, NM 87110United States

• Legal notices: legal@beaffluence.com
• Support: support@replyready.ai
• Telephone: +1 (408) 345-5424