Terms & Conditions
Last updated: November 26, 2025
1. Agreement to Terms
By accessing and using the BenBuildsBiz demo dashboard and services ("Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use our Services.
2. Description of Services
BenBuildsBiz provides custom automation solutions for small businesses, including:
- SMS automation and customer communication systems
- AI-powered response systems
- Appointment booking and reminder automation
- Review request automation
- Lead nurture and follow-up sequences
- Custom workflow development and integration
The demo dashboard is provided to showcase our capabilities and collect information for potential service agreements.
3. Service Tiers and Pricing
Full Stack Package
- One-time setup fee: $2,500
- Monthly maintenance: $300
- Includes new dedicated Twilio phone number
- Complete automation system setup
Hybrid Stack Package
- One-time setup fee: $2,500
- Monthly maintenance: $250
- Uses your existing Twilio phone number
- Automation system integration
SMS Brain Only Package
- One-time setup fee: $1,500
- Monthly maintenance: $200
- AI SMS automation only
- Plugs into existing systems
All prices are in USD. Additional services such as landing pages, ad management, and custom builds are priced separately.
4. Payment Terms
Payment is processed securely through Stripe. By making a payment, you agree to:
- Pay all applicable fees and charges
- Provide accurate payment information
- Authorize us to charge your payment method
- Pay monthly maintenance fees on time
Setup fees are non-refundable once work has begun. Monthly maintenance fees are billed in advance and are non-refundable.
5. Service Delivery and Timeline
Upon payment confirmation, we will begin setup of your automation system. Typical implementation timeline is 7-14 business days, though this may vary based on complexity and third-party integrations required. We will communicate expected timelines during the onboarding process.
6. Third-Party Services
Our services integrate with third-party platforms including but not limited to:
- Twilio (SMS and voice services)
- OpenAI (AI capabilities)
- Airtable (data management)
- n8n (workflow automation)
- Stripe (payment processing)
You are responsible for any accounts, fees, or compliance requirements associated with these third-party services. We are not liable for changes to third-party service pricing, availability, or functionality.
7. Client Responsibilities
As a client, you agree to:
- Provide accurate business information and credentials
- Maintain active accounts with required third-party services
- Comply with all applicable laws and regulations, including SMS marketing laws (TCPA, CAN-SPAM, etc.)
- Obtain proper consent from customers before sending automated messages
- Review and approve automated message content
- Pay all fees on time
- Notify us of any issues or changes promptly
8. SMS Compliance
You are solely responsible for compliance with SMS marketing laws including TCPA (Telephone Consumer Protection Act), CAN-SPAM Act, and other applicable regulations. You must:
- Obtain proper consent before sending SMS messages
- Provide clear opt-out instructions
- Honor opt-out requests promptly
- Maintain records of consent
BenBuildsBiz is not responsible for your SMS compliance. You agree to indemnify us against any claims arising from your SMS practices.
9. Intellectual Property
All workflows, code, designs, and systems developed by BenBuildsBiz remain our intellectual property. Upon payment, you receive a non-exclusive license to use the automation systems for your business. You may not resell, redistribute, or claim ownership of our work.
10. Warranties and Disclaimers
Our services are provided "as is" without warranties of any kind. We do not guarantee:
- Specific results or ROI from automation systems
- Uninterrupted or error-free service
- Compatibility with all third-party services
- That automation will eliminate all manual work
We will make commercially reasonable efforts to maintain and support your systems, but cannot guarantee 100% uptime or perfect functionality.
11. Limitation of Liability
To the maximum extent permitted by law, BenBuildsBiz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data arising from your use of our services. Our total liability shall not exceed the amount you paid for services in the 12 months preceding the claim.
12. Termination
Either party may terminate the service agreement with 30 days written notice. Upon termination:
- You remain responsible for all fees incurred through the termination date
- We will provide export of your data in a reasonable format
- Access to automation systems will be discontinued
- No refunds will be provided for prepaid services
We reserve the right to terminate services immediately for breach of these Terms, non-payment, or illegal use.
13. Modifications to Services and Terms
We reserve the right to modify our services, pricing, and these Terms at any time. We will provide reasonable notice of material changes. Continued use of our services after changes constitutes acceptance of the modified Terms.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, USA. Any disputes shall be resolved in the courts of Maricopa County, Arizona. You agree to first attempt to resolve any disputes through good-faith negotiation before pursuing legal action.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any service agreement, constitute the entire agreement between you and BenBuildsBiz regarding our services.
17. Contact Information
For questions about these Terms, please contact us at:
BenBuildsBiz
Email: ben@benbuildsbiz.com
Location: Scottsdale, AZ
By using our demo dashboard or purchasing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.