Last Updated: April 21, 2026

IMPORTANT NOTICE: THESE TERMS CONTAIN PROVISIONS RELATING TO AUTOMATIC RENEWAL, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION, SUSPENSION AND TERMINATION RIGHTS, AND DISPUTE RESOLUTION, INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING OR USING THE SERVICES.

These Terms of Service (“Terms”) govern your access to and use of the websites, platform environments, software-related services, support services, implementation services, consulting services, AI-related services, and all related offerings provided by Profit Shark, Inc., doing business as AI Business Automation and aibusinessautomation.ai (“AI Business Automation,” “Company,” “we,” “us,” or “our”).

By accessing our website, creating an account, requesting access, purchasing any service, subscribing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

If you enter into these Terms on behalf of a company or other entity, you represent and warrant that you have full authority to bind that entity to these Terms. In that case, “Client,” “you,” and “your” refer to that entity.

1. DEFINITIONS

For purposes of these Terms:

“Account” means any user account, sub-account, portal access, workspace, login, or profile used to access the Services.

“Client” means the person or legal entity purchasing, accessing, receiving, or using the Services.

“Platform” means any software environment, CRM environment, automation environment, AI assistant environment, dashboard, portal,

or account environment made available by or through us.

“Services” means all services, deliverables, access, support, consulting, setup, implementation, configuration, automation, AI-related setup, integrations, onboarding, and related offerings provided by us.

“Third-Party Services” means any software, infrastructure, platform, provider, API, tool, communication channel, ad platform, telephony provider, analytics tool, payment processor, hosting provider, or other service not owned and operated by us, including without limitation GoHighLevel, Twilio, Meta/Facebook, Instagram, WhatsApp, Assistable.ai, OpenAI, Stripe, Mailgun, Postmark, Zoom, Google services, Microsoft services, and other external providers.

“DFY Setup” means any done-for-you setup, onboarding, implementation, migration, configuration, build, custom setup, or similar paid professional service.

“Custom Work” means any work outside the standard purchased scope, including but not limited to custom development, custom integrations, advanced workflow design, custom reporting, custom automation, prompt engineering, migration, consulting beyond included hours, and any non-standard requested task.

“Order Documents” means the applicable checkout page, order form, invoice, written proposal, onboarding form, statement of work, purchase confirmation, or other written commercial document governing the purchased Services.

2. BUSINESS USE ONLY

The Services are intended and offered for business use only. The Services are not intended for personal, household, family, or purely consumer use.

By purchasing or using the Services, you represent and warrant that you are acting for business, commercial, trade, or professional purposes.

If any mandatory consumer protection law applies despite the foregoing, nothing in these Terms excludes any rights that cannot lawfully be excluded.

3. ELIGIBILITY AND AUTHORITY

You may use the Services only if:

you are at least eighteen (18) years old;

you have legal capacity to enter into a binding agreement; and

you have authority to act on behalf of yourself or the entity you represent.

You agree to provide accurate, current, and complete information and to promptly update such information if it changes.

4. ACCEPTANCE OF TERMS

By accessing or using any part of the Services, you confirm that:

you have read and understood these Terms;

you agree to be legally bound by them;

you have the right and authority to enter into them; and

you accept any additional policies or agreements incorporated by reference, including our Privacy Policy and, where applicable, our Data Processing Agreement.

5. MODIFICATIONS TO TERMS

We may modify these Terms at any time.

Unless otherwise stated, updated Terms become effective upon posting on our website or otherwise making them available to you. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms.

We may, but are not obligated to, notify you of material changes by email, platform notice, or website notice.

6. DESCRIPTION OF SERVICES

AI Business Automation provides a software-with-services offering, which may include, depending on the purchased package or written agreement:

access facilitation to software environments;

setup and onboarding;

workflow and automation setup;

AI assistant setup and prompt configuration;

implementation assistance;

reporting setup;

integrations;

support;

training;

business automation consulting; and

related operational or technical services.

Unless expressly stated otherwise in writing, the Services do not include legal advice, regulatory advice, tax advice, accounting advice, investment advice, or any guaranteed business growth service.

We may improve, modify, suspend, replace, remove, or discontinue any part of the Services at any time.

7. CURRENT COMMERCIAL OFFERS AND ORDER DOCUMENTS

The scope, features, pricing, billing frequency, trial terms, setup terms, included items, and package details applicable to your purchase are determined by the applicable Order Documents in effect at the time of purchase.

Any prior, legacy, expired, withdrawn, beta, promotional, or historical package, feature list, price point, or commercial offer is no longer valid unless expressly confirmed by us in writing.

Our current or recent offers may include, without limitation:

New Client Ecosystem

Business Pro

Custom Made

DFY Setup

support, implementation, communication, integration, consulting, or related paid add-ons

If there is any conflict between:

these Terms, and

the specific commercial details in the applicable Order Documents,

the Order Documents govern commercial scope, package inclusions, billing frequency, and pricing, while these Terms govern legal conditions, liability, ownership, disclaimers, dispute resolution, payment enforcement, and general use conditions, unless expressly stated otherwise in writing by us.

7.1 Free Facebook Ad Setup

Any “Free Facebook Ad Setup” or similarly named free ad setup bonus is available only where expressly stated and only if the applicable DFY Setup has been purchased.

The Free Facebook Ad Setup:

is not available as a standalone service;

is not sold separately for free;

has no cash value;

has no refund value;

has no substitute value; and

may not be exchanged for any other service, credit, or discount unless we expressly agree otherwise in writing.

If the applicable DFY Setup has not been purchased, the Free Facebook Ad Setup does not apply.


7.2 Service Scope — Inclusions and Exclusions

The specific inclusions, exclusions, and scope applicable to each purchased package are set out below. These apply in addition to the general service description in Section 6 and the commercial details in the applicable Order Documents.

New Client Ecosystem — Standard

Included: Access to the ready-made New Client Ecosystem platform environment, comprising lead generation automations, lead nurturing workflows, CRM with workflow automation, a conversational AI chat agent (24/7/365), an AI voice agent (24/7/365), advanced analytics and reporting, and ongoing support and training. Where a DFY Setup has been purchased, setup includes account configuration, AI chat configuration, AI voice configuration, workflow setup, Facebook and Google account connection, and knowledge base structure and AI prompt engineering based on the information provided in the onboarding form.

Not included: Advertising spend on any platform; marketing email content writing and design; graphic design, creative images, or video production; website development or modification; knowledge base content (client is responsible for providing all business information — we build the structure and configure the prompts); guaranteed results or specific performance outcomes; third-party platform fees for email sending, SMS delivery, AI tool usage, or phone number provisioning; any service not expressly listed above.

New Client Ecosystem — Business Pro

Included: Everything in the Standard plan, plus one Facebook Ads or Google Ads campaign per month and one monthly Business Growth Session of up to four hours, covering campaign review, lead quality analysis, sales process optimization, and next-month planning with KPI targets. DFY Setup includes account configuration, AI chat configuration, AI voice configuration, workflow setup, and Facebook and Google Business Profile connection.

Not included: Advertising spend — ad budget is paid directly by the client to the advertising platform and is separate from the subscription fee; more than one ad campaign per month; creative production beyond the initial Free Facebook Ad Setup bonus where applicable; marketing email content writing and design; graphic design or video production beyond included campaign creatives; website development or modification; knowledge base content; guaranteed results or specific performance outcomes; third-party platform fees; any service not expressly listed above.

New Client Ecosystem — Custom Built

Included: A fully bespoke ecosystem designed around the client's specific business requirements, including custom-built AI chat and voice agents, lead generation automations, lead nurturing workflows, CRM automation, analytics, and ongoing support. Setup fees are agreed separately based on the scope of customisation. All Standard plan exclusions apply unless explicitly agreed otherwise in writing before project commencement.

Not included: Advertising spend; marketing email content writing and design; graphic design or video production; website development or modification; knowledge base content; guaranteed results or specific performance outcomes; third-party platform fees; any feature or service not explicitly agreed in writing before project commencement.

Applicable to All Plans

Setup work is carried out based solely on the information provided by the client in the onboarding form. We accept no responsibility for delays or incomplete setup resulting from missing, inaccurate, or late submission of required information. Third-party platform fees — including without limitation fees for email sending, SMS delivery, AI tool usage, phone number provisioning, and advertising spend — are the sole responsibility of the client and are not included in any subscription or setup fee.

8. ACCOUNT ACCESS AND SECURITY

You are responsible for maintaining the confidentiality and security of your Account credentials and for all activities that occur under your Account.

You must promptly notify us if you suspect unauthorized access, misuse, or any security incident affecting your Account.

We may suspend or restrict access if we reasonably believe an Account is compromised or poses a security, legal, or operational risk.

Except to the extent caused by our non-excludable legal obligations, we are not liable for losses arising from unauthorized access to your Account caused by your acts, omissions, security failures, or third-party compromise.

9. CLIENT RESPONSIBILITIES

You are solely responsible for:

all data, materials, messaging content, campaigns, prompts, instructions, workflows, contact lists, imports, and other content you provide, upload, connect, approve, or direct us to use;

ensuring you have all required rights, permissions, consents, notices, lawful bases, and authorizations relating to any personal data or other information you use through the Services;

compliance with all applicable laws, regulations, self-regulatory standards, platform rules, and industry policies relating to privacy, marketing, telemarketing, messaging, cookies, advertising, AI use, data protection, consumer protection, and communications;

reviewing, approving, and deciding whether to use any AI-generated or automation-generated output;

making final business, commercial, campaign, budget, compliance, and operational decisions; and

maintaining your own backups where appropriate.

You represent and warrant that you have the authority to grant us access to any website, CRM, ad account, platform account, telephony account, messaging account, domain, or other third-party environment you ask us to configure, access, or support.

10. PROHIBITED USES

You may not use the Services to:

violate any law, regulation, court order, or platform policy;

send spam or unauthorized messages;

conduct unlawful telemarketing or marketing outreach;

process or upload data without proper rights or permissions;

impersonate any person or entity;

transmit unlawful, deceptive, infringing, abusive, or harmful content;

introduce malware, malicious code, or harmful scripts;

gain unauthorized access to accounts, systems, or data;

interfere with the security, integrity, or availability of the Services;

misuse or exploit the Services in a way that creates legal, reputational, financial, or security risk for us or our vendors;

copy, resell, sublicense, distribute, or commercialize proprietary configurations or materials except as expressly permitted.

We may suspend or terminate the Services immediately if we reasonably believe your use violates this section.

11. THIRD-PARTY SERVICES DISCLAIMER

The Services may integrate with, rely on, support, connect to, or be delivered through Third-Party Services.

You acknowledge and agree that:

Third-Party Services are independent from us;

they are governed by their own terms, policies, privacy notices, fees, and technical limitations;

we do not own, operate, or control them; and

our role may be limited to implementation, support, setup, guidance, configuration, or advisory assistance.

We do not warrant or guarantee the availability, legality, compatibility, interoperability, policy compliance, uptime, deliverability, pricing stability, or continued operation of any Third-Party Service.

To the fullest extent permitted by law, we are not liable for any loss, damage, delay, interruption, failure, inaccuracy, or disruption arising from or related to any Third-Party Service,
including without limitation:

outages or downtime;

API changes or deprecations;

policy changes;

account bans, restrictions, suspensions, or enforcement actions;

deliverability issues;

messaging failures;

telephony issues;

ad disapprovals or ad account problems;

number suspensions;

AI model changes;

feature removals;

pricing changes;

billing actions by third parties;

data sync failures;

reporting discrepancies; or

platform discontinuation.

Where Third-Party Services require a separate agreement, account, payment method, or relationship between you and the third-party provider, you are solely responsible for that relationship and for complying with that provider’s terms and policies.

12. AI OUTPUTS, AUTOMATION OUTPUTS, AND HUMAN REVIEW

Certain Services may involve AI-generated outputs, automated workflows, automation logic, prompt-based responses, reporting calculations, scenario modeling, recommendations, or content generation.

You acknowledge that such outputs may be incomplete, inaccurate, outdated, inconsistent, unsuitable, or require further review.

You remain solely responsible for evaluating, reviewing, approving, and deciding whether to use any AI-generated or automation-generated output.

We do not guarantee the factual accuracy, compliance, performance, suitability, legality, or business effectiveness of any AI-generated or automation-generated content, workflow, response, report, recommendation, or configuration.

13. NO GUARANTEE OF RESULTS

You acknowledge and agree that we do not guarantee any particular business, financial, marketing, operational, or commercial result.

Without limitation, we do not guarantee:

any fixed or minimum revenue growth;

lead volume;

appointment volume;

conversion rate;

profitability;

return on investment;

return on ad spend;

reduced costs;

business growth;

customer retention;

close rate;

pipeline value;

platform approval;

campaign performance; or

any other specific result.

Any examples, testimonials, estimates, benchmarks, scenarios, projections, growth opportunities, recommendations, case studies, reports, forecasts, illustrations, or strategic suggestions are provided for informational and illustrative purposes only and do not constitute a promise, warranty, guarantee, or legally binding commitment of outcomes.

All implementation decisions, campaign approvals, platform choices, budget decisions, follow-up actions, operational execution, and use or non-use of any recommendation remain solely your responsibility.

14. FEES, BILLING, AND PAYMENT

14.1 Fees

You agree to pay all fees applicable to the Services you purchase, as set out in the applicable Order Documents.

Unless otherwise stated, all fees are billed in advance and are exclusive of taxes, duties, levies, and governmental charges.

14.2 Automatic Renewal

Unless otherwise stated in writing, recurring Services renew automatically at the end of each billing cycle.

By purchasing a recurring Service, you authorize us and/or our payment processor to charge your payment method for recurring subscription fees, usage fees, pass-through fees, add-ons, taxes, and other applicable charges.

14.3 Cancellation of Recurring Services

You may cancel a recurring Service before the next renewal date using the cancellation method then made available by us, including where applicable through account settings, written notice, billing portal, or by contacting [email protected]

.

Unless otherwise stated in writing:

cancellation stops future renewals only;

cancellation does not undo charges already incurred;

cancellation does not entitle you to a refund for the current billing period; and

cancellation does not affect non-refundable implementation, setup, usage, or third-party pass-through charges already incurred.

We may require reasonable account verification before processing cancellation requests.

14.4 Additional Charges

Additional charges may apply for:

SMS, email, calls, voice, telephony, or messaging usage;

AI or model-related usage;

external app or integration usage;

custom support;

custom development;

additional consulting;

migration;

implementation work;

design work;

domains, numbers, or pass-through third-party costs; and

out-of-scope services.

14.5 Taxes

You are responsible for all applicable VAT, GST, sales tax, use tax, withholding tax, and similar charges, except taxes based on our net income.

If you are required to provide tax identification information, you agree to provide accurate and complete information.

14.6 Right to Modify Pricing

We reserve the right to modify, adjust, or update our fees, subscription prices, setup fees, hourly rates, usage fees, add-on charges, and any other pricing at any time.

Where a price change affects your active recurring subscription, we will provide reasonable advance notice by email, platform notice, or invoice notification before the change takes effect. Your continued use of the Services after the effective date of a price change constitutes your acceptance of the revised pricing.

Legacy pricing, promotional rates, or founding member rates are offered at our discretion and may be discontinued or adjusted at any time, subject to any specific written commitments made to you at the time of purchase.

15. DFY SETUP, CUSTOM WORK, AND OUT-OF-SCOPE WORK

15.1 Separate Professional Services

DFY Setup, implementation work, migration, custom build work, custom workflow work, custom prompt work, consulting, and advanced support are separate professional services unless expressly included in writing.

15.2 Out-of-Scope Work

Any request outside the purchased package or agreed scope constitutes Out-of-Scope Work and may require separate approval, separate billing, or both.

We may decline any Out-of-Scope Work at our discretion.

15.3 Project Timing

Any onboarding, implementation, setup, delivery, go-live, or project timeline is an estimate only unless expressly guaranteed in writing.

Delays caused by lack of access, missing approvals, incomplete materials, third-party issues, platform issues, or Client delay shall extend applicable timelines.

15.4 Hourly Rates for Custom and Out-of-Scope Work

Where Out-of-Scope Work, custom development, custom integrations, custom configurations, additional consulting, or any work outside the agreed package scope is approved and performed, the following hourly rates apply unless otherwise agreed in writing prior to commencement:

- New Client Ecosystem — Business Pro clients: €75.00 per hour (net), applicable to development, custom setup, advanced configuration, and any agreed out-of-scope work.

- New Client Ecosystem — Standard and Custom Built clients: €95.00 per hour (net), applicable to development, custom setup, advanced configuration, and any agreed out-of-scope work.

All hourly work is invoiced based on actual time spent and requires prior written approval. Rates are exclusive of VAT and any applicable taxes, which are the sole responsibility of the client.

16. REFUND POLICY

16.1 General Rule

Except where required by applicable law, all fees are non-refundable.

16.2 Non-Refundable Fees

Without limitation, the following are non-refundable once billed, scheduled, allocated, activated, performed, or commenced, as applicable:

subscription fees for the active billing period;

DFY Setup fees;

setup fees;

migration fees;

implementation fees;

custom build fees;

consultation fees;

prompt engineering fees;

communication and usage charges;

integration fees;

third-party pass-through fees; and

add-on charges.

16.3 No Pro Rata Refunds

If you cancel, stop using, pause, downgrade, or choose not to use the Services, no pro rata refund will be issued for the unused portion of the current billing period unless required by applicable law.

16.4 Notice of Service Issue and Opportunity to Cure

If you believe we materially failed to perform the expressly agreed scope of Services, you must notify us in writing within fourteen (14) days after you first become aware of the issue and provide reasonable details and supporting information.

Upon receiving such notice, we shall have a reasonable opportunity to investigate and, where appropriate, cure, re-perform, correct, or otherwise address the issue.

16.5 Limited Remedy

If, after investigation, we determine in our sole but reasonable discretion that we materially failed to perform the expressly agreed scope of Services and the issue was directly caused by our failure rather than by Client delay, incomplete instructions, third-party failure, platform restrictions, policy enforcement, or other outside cause, we may elect one of the following remedies:

re-performance of the affected Services;

a service credit; or

a partial or full refund of the affected fee.

Except where required by law, no refund is owed merely because:

anticipated results were not achieved;

lead volume was lower than expected;

conversion outcomes did not meet expectations;

a campaign underperformed;

a Third-Party Service failed, changed, or restricted functionality;

you changed strategy, preference, timing, or provider; or

you no longer wish to use the Services.

16.6 Free Trial

If a free trial is offered, you must cancel before the trial ends to avoid charges. Once the paid billing period begins, charges are non-refundable except as required by applicable law.

17. PAYMENT FAILURE, LATE PAYMENT, SUSPENSION, AND COLLECTIONS

If any charge is declined, reversed, disputed, charged back, or remains unpaid, we may, without liability to you and subject to applicable law:

retry the payment method;

suspend or restrict access;

disable features, integrations, or automations;

pause support;

remove or restrict connected services;

cancel the Account after a reasonable grace period; and

pursue collections or recovery of outstanding amounts.

You remain responsible for all fees and charges incurred prior to cancellation or suspension, including pass-through costs and third-party usage costs that continue to accrue due to connected services or external provider billing structures.

You agree to reimburse us for reasonable collection costs, legal fees, chargeback fees, and recovery costs where permitted by law.

18. SUSPENSION AND TERMINATION

18.1 Suspension by Us

We may suspend or restrict access immediately if we reasonably believe:

you are in breach of these Terms;

payment is overdue or failed;

your use creates security, legal, compliance, reputational, or operational risk;

a third-party provider requires suspension;

continued service may expose us or others to harm or liability.

18.2 Termination by You

You may terminate recurring Services by canceling in accordance with Section 14.3.

Termination does not relieve you of obligations accrued before the effective cancellation or termination date.

18.3 Termination by Us

We may terminate Services for cause if:

you materially breach these Terms;

you fail to cure a remediable breach within a reasonable time after notice where notice is appropriate;

payment remains unresolved;

we are required to do so by law, court order, regulator, processor, vendor, or platform provider; or

continued performance is not commercially, technically, or legally feasible.

18.4 Effect of Termination

Upon suspension or termination:

access may be disabled immediately;

workflows, configurations, or services may stop functioning;

connected services may be disconnected;

certain data may be retained, deleted, or returned in accordance with our retention practices, Privacy Policy, applicable law, or applicable DPA;

all accrued payment obligations remain due.

We are not liable for lawful suspension or termination carried out under these Terms.

19. INTELLECTUAL PROPERTY AND PROPRIETARY CONFIGURATIONS

19.1 Ownership

Unless expressly agreed otherwise in writing, all proprietary materials created, configured, supplied, or made available by us remain our property or the property of our licensors.

This includes, without limitation:

workflow structures;

automation logic;

templates;

prompt structures;

AI assistant configuration logic;

custom methodologies;

reporting frameworks;

documentation;

training materials; and

other proprietary service components.

19.2 Limited License to Client

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the delivered materials solely for your own internal business operations.

19.3 Restrictions

You may not, directly or indirectly:

resell, sublicense, distribute, publish, or commercially exploit our proprietary materials;

use our proprietary configurations to operate a competing automation or software-with-services business;

provide our proprietary frameworks to third parties except as necessary for your own internal operations; or

reproduce or commercialize our proprietary systems for resale.

19.4 Setup Fees; No Transfer or Porting of Proprietary System Elements

Any setup fee, DFY Setup fee, onboarding fee, implementation fee, migration fee, customization fee, or similar professional service fee paid by Client covers only the labor, time, expertise, and delivery effort involved in performing the agreed setup, implementation, onboarding, customization, migration, configuration, and related service activities.

For the avoidance of doubt, such fees do not constitute and shall not be interpreted as:

- a purchase of intellectual property;

- a transfer or assignment of ownership;

- a work-made-for-hire transfer of rights;

- a buyout of any proprietary system element;

- a transfer of any portable, sublicensable, exportable, or reusable rights in our proprietary materials, methods, or configurations.

Without limitation, Client acknowledges and agrees that any setup fee or similar fee does not include the sale, transfer, or assignment of any of the following, whether created, configured, adapted, refined, or supplied by us:

- AI prompts or prompt libraries;

- workflow structures or workflow logic;

- automation sequences;

- pipeline logic;

- reporting frameworks;

- scoring systems;

- smart lead prioritization logic;

- AI assistant architecture;

- templates;

- scripts;

- campaign logic;

- configuration frameworks;

- methodologies;

- know-how; or any other proprietary system element developed or used by us in connection with the Services.

Unless expressly agreed otherwise in a separate written agreement signed by us, Client receives no ownership rights and no transferable, sublicensable, portable, migration, cloning, export, reuse, replication, or redevelopment right in or to such proprietary system elements.

Accordingly, Client may not, directly or indirectly, and may not permit any third party to:

- copy;

- export;

- clone;

- recreate;

- reproduce;

- migrate;

- port;

- transfer;

- adapt for external deployment;

- reverse engineer for replication purposes; or otherwise extract or reuse any proprietary workflow, prompt, automation structure, AI assistant logic, scoring logic, smart lead tool logic, reporting logic, configuration architecture, methodology, or similar proprietary system element in or into any other account, sub-account, platform, CRM, automation system, AI environment, or third-party service, including any separately held or newly created GoHighLevel account or any competing environment.

Upon suspension, cancellation, expiration, or termination of the Services, Client may retain and export its own underlying business data to the extent technically available and legally permitted, but Client shall have no right to retain, extract, copy, port, migrate, recreate, or reuse our proprietary system architecture, prompts, workflows, templates, automation structures, methodologies, or other proprietary system elements except where we expressly authorize such use in writing.

Any transfer, assignment, migration authorization, relicensing, export approval, or buyout of any proprietary system element requires our prior written agreement and may be subject to a separate buyout fee, transfer fee, relicensing fee, migration fee, or other commercial terms determined by us in our sole discretion.

19.5 Client Materials

You retain ownership of the materials and data you provide to us. You grant us a limited right to use them as necessary to provide the Services.

20. CONFIDENTIALITY

Each party shall protect the other party’s non-public confidential information using reasonable care and shall not disclose such information except as required to perform under these Terms or as required by law.

Confidential information does not include information that:

is or becomes publicly available without breach;

was already lawfully known;

is independently developed without use of confidential information; or

is lawfully obtained from a third party without restriction.

We may disclose confidential information if required by law, subpoena, court order, or regulatory authority.

21. DATA PROTECTION AND DATA PROCESSING

We process personal data in accordance with our Privacy Policy and, where applicable, our Data Processing Agreement (“DPA”).

Depending on the context, nature of the Services, and the relevant data flow, we may act as an independent controller, processor, service provider, or similar legally recognized role.

Where applicable law requires a processor agreement, data processing addendum, or similar contractual mechanism, the parties shall enter into the applicable DPA governing such processing relationship.

Where we act as a processor or equivalent service provider on your behalf, you instruct us to process personal data only for the purposes of providing the Services and as otherwise documented in the applicable DPA, Order Documents, or your lawful documented instructions.

You are solely responsible for ensuring that:

you have a lawful basis for the collection and use of personal data;

you have provided required notices;

you have obtained required consents where needed; and

your instructions to us are lawful.

22. MARKETING, MESSAGING, AND PLATFORM COMPLIANCE

You are solely responsible for compliance with all laws, regulations, and platform rules relating to:

email marketing;

SMS and telephony;

WhatsApp and messaging channels;

ad platform activity;

lead generation;

contact imports;

opt-ins and consent collection;

suppression and unsubscribe handling;

privacy notices;

cookies and tracking technologies; and

local marketing compliance obligations.

Any template, suggestion, setup, technical assistance, strategy, or implementation support provided by us does not constitute legal advice and does not transfer compliance responsibility from you to us.

23. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the Services are provided “as is” and “as available.”

We disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, availability, compatibility, accuracy, or uninterrupted operation.

We do not warrant that:

the Services will be uninterrupted, secure, or error-free;

defects will always be corrected;

the Services will meet your business goals or expectations;

the Services will remain compatible with all Third-Party Services at all times; or

outputs, reports, or generated materials will be accurate, complete, or suitable for your intended use.

24. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or reliance damages, including loss of revenue, profit, business opportunity, goodwill, anticipated savings, contracts, customers, data, or use, even if advised of the possibility of such damages.

Without limitation, we shall not be liable for losses arising from:

failure to achieve expected results;

business decisions made by you;

campaign or sales outcomes;

third-party platform failures;

API changes;

ad account issues;

deliverability issues;

account restrictions or enforcement actions by third-party providers;

inaccurate or incomplete AI outputs;

Client delays, omissions, or instructions; or

events outside our reasonable control.

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the Services shall not exceed the total amount actually paid by you to us for the specific Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AI Business Automation, Profit Shark, Inc., and our officers, directors, employees, contractors, affiliates, licensors, and agents from and against all claims, demands, actions, proceedings, liabilities, losses, damages, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your use of the Services;

your data, content, campaigns, lists, messages, or instructions;

your violation of these Terms;

your violation of law or platform policy;

your infringement of third-party rights;

your unauthorized or unlawful processing of personal data; or

any allegation that your outreach, ads, messages, or data practices were unlawful, unauthorized, or non-compliant.

26. FORCE MAJEURE

We are not liable for delay, interruption, reduced performance, or failure resulting from causes beyond our reasonable control, including internet outages, cloud failures, vendor failures, power failures, cyber incidents, labor disputes, war, terrorism, natural disasters, epidemics, governmental action, sanctions, or failures of Third-Party Services.

27. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

27.1 Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles, except to the extent mandatory law requires otherwise.

27.2 Good Faith Resolution

Before commencing formal proceedings, each party agrees to attempt in good faith to resolve the dispute through written notice and informal discussion.

27.3 Binding Arbitration

To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable commercial rules.

Unless otherwise required by law, arbitration shall take place in Miami, Florida, and shall be conducted in English.

27.4 Class Action Waiver

To the fullest extent permitted by applicable law, all claims must be brought solely in an individual capacity and not as part of any class, collective, consolidated, or representative action.

27.5 Exceptions

Nothing in this section prevents either party from seeking temporary injunctive relief, enforcing intellectual property rights, pursuing payment collection, or proceeding in court where arbitration is found unenforceable.

27.6 Court Fallback

If arbitration is found unenforceable for a particular dispute, the parties submit to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, except where mandatory law requires otherwise.

28. NOTICES

You agree that we may provide notices by email, platform notice, dashboard notice, website posting, billing portal, invoice note, or other reasonable communication method.

You are responsible for keeping your contact information current.

Legal notices to us shall be sent to:

Profit Shark, Inc. d/b/a AI Business Automation / aibusinessautomation.ai

P.O. Box 222447

Hollywood, FL 33022

Email: [email protected]

29. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, subcontract, delegate, or novate any rights or obligations under these Terms to an affiliate, successor, purchaser, service provider, or group company.

30. SEVERABILITY

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision shall be interpreted to the maximum extent enforceable, and the remaining provisions shall continue in full force and effect.

31. NO WAIVER

No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.

32. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, any applicable DPA, and the relevant Order Documents, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior discussions, proposals, understandings, and agreements relating to the same subject matter.

33. CONTACT

For questions or inquiries related to these Terms, you can contact us at:

Email: [email protected]

Mailing Address: P.O. Box 222447, Hollywood, FL 33022