TERMS and CONDITIONS
Last Updated: February 2, 2025
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM. These Terms of Service (“Terms”) govern your access to and use of the platform and services provided by Profit Shark, Inc., doing business as aibusinessautomation.ai (referred to as “aibusinessautomation.ai,” “we,” “us,” or “our”). By accessing the platform, creating an account, or using our services, you agree to be bound by these Terms, as well as any additional terms, policies, or agreements referenced herein. You also represent that you are of legal age to form a binding contract and have the authority to enter into these Terms on behalf of yourself or the entity you represent.
1. Acceptance of Terms
By completing the registration process, creating an account, or accessing or using any part of the aibusinessautomation.ai platform or associated services, you confirm that:
You have read, understand, and agree to be bound by these Terms of Service. You are of legal age and capacity to form a binding contract. The information provided during your registration is accurate, current, and complete. You have the authority to enter into these Terms on behalf of the business entity you represent, if applicable, and to bind that entity to the agreement.
Certain sections of the platform may be subject to additional terms, agreements, or requirements, including third-party terms. Where applicable, these specific sections will be governed by the terms of their respective terms of use or licensing agreements.
2. General Conditions
Changes to Terms Profit Shark, Inc. reserves the right to modify, update, or revise these Terms at any time. Any changes will be effective immediately upon posting to the platform unless stated otherwise. Your continued use of the platform after such modifications constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically for any updates. Entire Agreement These Terms, along with the Privacy Policy, Data Processing Agreement (DPA, available upon request), and any other agreements incorporated by reference, constitute the entire agreement between you and Profit Shark, Inc. regarding your access to and use of the platform. This agreement supersedes any prior or contemporaneous understandings, whether written or oral, related to your use of the platform. Severability If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
3. Platform Access and Use User Eligibility
You must be at least 18 years old to access or use the platform. By accessing or using the platform, you confirm that you meet this age requirement and have the legal authority to enter into these Terms. Platform Account Registration
To access certain features of the platform, you must register for an account. During registration, you agree to provide accurate and complete information and update it promptly if it changes. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account, whether authorized by you or not. Business Use Only
The platform is intended for use in connection with an individual’s trade, profession, or business purposes only. By accessing or using the platform, you agree that you will not use it for any personal or non-commercial purposes.
4. User Responsibilities Account Security and Responsibility
You are responsible for safeguarding your account login credentials and for any activity on your account. If you suspect any unauthorized use of your account, you must notify us immediately. aibusinessautomation.ai shall not be liable for any losses arising from unauthorized use of your account. Prohibited Activities
In using the platform, you agree to refrain from:
Engaging in any unlawful or abusive behavior, including the transmission of unsolicited communications, spam, or unauthorized marketing. Attempting to gain unauthorized access to other user accounts, systems, or data through any means. Violating any local, state, national, or international law or regulation while using the platform. Interfering with the platform’s functionality or security, including by introducing malicious software or manipulating platform features.
Violations of these prohibitions may result in suspension or termination of your account and access to the platform.
5. Fees, Payment Terms, and Subscription Management
By subscribing to aibusinessautomation.ai , you agree to pay the applicable fees for the selected subscription plan (collectively, “Subscription Fees”).
Subscription Fees are payable in advance on a recurring monthly basis. Unless otherwise specified, all fees are exclusive of applicable taxes, levies, or duties , which you are responsible for paying. We offer a single subscription package priced at $697 per month . As part of a limited-time promotion, the first 30 customers who sign up will receive a discounted rate of $497 per month. A one-time optional account setup fee of $1,500 is also available. This service is provided only upon additional request and covers advanced setup and configuration. This fee is
non-refundable, even during the 14-day trial period. All fees are billed on a monthly basis unless otherwise stated.
5.2 Changes in Pricing
We reserve the right to change our Subscription Fees at any time. Any changes to the fees will be effective upon your next renewal or purchase of a subscription, as applicable. We will provide notice of fee changes on our pricing page or by other means deemed appropriate. By continuing to use aibusinessautomation.ai after any fee changes become effective, you accept the new fees.
5.3 Automatic Renewal
Subscriptions will automatically renew at the end of each billing period unless canceled before the renewal date. You authorize us to charge the payment method on file for applicable fees on the renewal date. If payment cannot be processed, we reserve the right to suspend or terminate your access until payment is successfully processed.
5.4 Subscription Cancellations
You may cancel your subscription at any time by contacting [email protected] or through the platform’s account settings. Cancellations must be made before the end of the current billing cycle to avoid charges for the next cycle. No refunds will be issued for unused portions of a billing period following a cancellation.
6. Additional Fees and Charges
6.1 Additional Charges
Additional charges may apply for certain features or services, including but not limited to:
SMS and email messaging costs
AI-based automation add-ons
Custom integrations or third-party software connections
The $1,500 setup fee is considered an additional service and is only performed upon request. This is a one-time charge that does not renew.
6.2 Responsibility for Payment
You are responsible for all fees associated with your account and any additional services provided to you through the platform. Failure to make payments may result in suspension or termination of your account. You agree to provide and maintain accurate billing and payment information for your account.
7. Refund Policy
7.1 Non-Refundable Fees
All subscription fees and additional charges incurred are non-refundable. This includes:
Monthly subscription fees after the 14-day trial ends
Communication surcharges (e.g., SMS, email usage)
Add-on services and integrations
The $1,500 one-time setup fee, which is non-refundable under any circumstances
7.2 Pre-Paid and Minimum Commitment Subscriptions
If you subscribe to services or add-ons that require pre-payment or a minimum commitment, you agree to fulfill the entire subscription term. Pre-paid or minimum commitment services cannot be canceled or refunded once activated, except as required by law.
7.3 Rights of Withdrawal for EU Customers
For EU customers, your 14-day free trial serves as your evaluation period . You have the opportunity to test and assess the service before any payment is processed.
Once your trial ends and the paid subscription begins, the 14-day withdrawal right does not apply, as you have already had the opportunity to evaluate the service. This is in accordance with
Article 16 of the EU Consumer Rights Directive , which states that the right of withdrawal does not apply to digital services once they have commenced with the user’s consent.
Additionally, the $1,500 one-time setup fee is non-refundable . Since this service is performed upon request , it is not covered under any withdrawal rights , including those under EU consumer protection laws. To cancel your subscription before the end of the trial and avoid charges, you must do so through your account settings or by contacting [email protected]
before the 14-day trial expires.
7.4 Wallet Credit Refunds
If your account is canceled, terminated, or expires, any funds remaining in your “wallet” will not be refunded. Wallet funds must be used before termination or expiration of services.
8. Late Payments and Payment Disputes
8.1 Late Payments
If payment cannot be processed within seven (7) business days of the due date, we reserve the right to suspend your account. You agree to pay all fees owed, including any late fees or charges incurred as a result of insufficient funds or failed payment processing.
8.2 Payment Disputes
If you wish to dispute any charges, you must notify us in writing within thirty (30) days of the invoice date. Disputes submitted after thirty (30) days will not be recognized. You agree to pay all invoiced fees during the dispute resolution process or forfeit the right to dispute those charges.
8.3 Non-Payment, Account Pause, and Cancellation Policy
If payment cannot be processed on the due date, your account will beimmediately paused, and access to the platform will be suspended. While your account is paused, you will not be able to log in or use any services; however, certain third-party resources (such as Twilio phone numbers, email automations, or custom integrations) may continue to incur costs on your behalf during this period.
To avoid continued charges to your agency wallet,
AI Business Automation reserves the right to permanently cancel your account if payment has not been received within 7 calendar days of the original due date. Upon cancellation, all associated automations, phone numbers, email services, and data may be deleted and will not be recoverable.
You acknowledge and agree that AI Business Automation is not liable for any data loss, business interruption, or service failures arising from such cancellation. Additionally, you remain responsible for any charges incurred during the paused period, even if the platform was inaccessible to you.
You acknowledge that certain charges, such as SMS, email delivery, or third-party add-ons, may continue to deplete wallet balances during the paused period even if you cannot access the platform. You are solely responsible for these costs.
To avoid loss of service or data, we encourage prompt resolution of any billing issues and recommend contacting
within the grace period.
8.4 Collections
If your account remains unpaid after cancellation or suspension, we may initiate collections procedures. You agree to reimburse us for all expenses incurred to recover amounts owed, including but not limited to collection fees, legal fees, and other related costs.
9. Taxes and Government Assessments
All fees are exclusive of any applicable sales, VAT, GST, and other taxes or governmental fees. You are responsible for calculating, collecting, and remitting all such taxes in your jurisdiction, as required. If we are required by law to withhold any taxes from payments, we will inform you in advance, and you are responsible for remitting any additional amount as needed.
9.1 VAT/GST Requirements
If applicable, you must provide a valid VAT or GST identification number upon registration. Failure to do so may result in VAT or GST charges that are non-refundable. Should any applicable tax regulation change, we reserve the right to adjust the billing amount to account for new tax requirements.
10. Affiliate Program
10.1 Overview
We offer an Affiliate Program to allow users to earn commissions by referring new customers to aibusinessautomation.ai. By joining the Affiliate Program, you agree to abide by all affiliate terms and conditions, which are outlined in a separate affiliate agreement available on the platform.
10.2 Commission Payments
Affiliate commissions are paid based on qualifying referrals and are subject to successful payment and subscription of referred customers. You agree to link a payment account to your affiliate profile to receive payments, and failure to do so may result in forfeiture of commissions.
10.3 Prohibited Activities
Affiliates may not engage in false or misleading advertising or represent themselves as employees or agents of aibusinessautomation.ai. Violations of affiliate policies may result in termination from the program and forfeiture of all accrued commissions.
10.4 Right to Modify or Terminate Affiliate Program
We reserve the right to modify or terminate the Affiliate Program at any time, with or without notice. Changes will be effective upon posting to the Affiliate Program page, and continued participation in the program after changes are posted constitutes acceptance of the new terms.
11. Code of Conduct
11.1 Compliance with Laws
You agree to use aibusinessautomation.ai in compliance with all applicable laws, regulations, and industry standards.
11.2 Prohibited Conduct
The following activities are strictly prohibited on the platform:
Using the platform in a way that violates applicable law or regulation. Engaging in unauthorized marketing or “spam.” Attempting to impersonate other users, employees, or entities. Using the platform to transmit harmful, harassing, or otherwise unlawful content. Interfering with the platform’s operation or security.
11.3 Violation Consequences
Any violation of the Code of Conduct may result in immediate suspension or termination of your account. We reserve the right to take any action necessary to protect the platform, its users, and affiliated entities, including but not limited to reporting violations to authorities.
12. Privacy Policy and Data Handling
12.1 Data Collection
We collect information that you provide during account registration, such as your name, email address, billing information, and usage data. This information is used to operate, maintain, and improve the services provided by aibusinessautomation.ai.
12.2 Data Sharing with Third Parties
We may share data with third-party service providers, such as payment processors, to facilitate transactions. All third-party service providers are obligated to maintain data security and comply with relevant privacy regulations, including GDPR and CCPA. We do not sell or disclose personal data to third parties for marketing purposes.
12.3 Data Processing Agreement (DPA)
A Data Processing Agreement (DPA) is available upon request. This agreement is designed to protect user data when transferred to third parties for processing, as required by GDPR and other applicable regulations.
12.4 Cross-Border Data Transfers
When transferring data outside the EU, we implement legal safeguards such as Standard Contractual Clauses (SCCs) or equivalent measures to comply with GDPR requirements.
12.5 User Rights
You have the right to access, modify, and delete personal data we hold about you. Requests can be made by contacting support at [email protected]. We will process these requests in accordance with applicable data protection laws.
12.6 Security
We take reasonable measures to secure your information, including using encryption, access control, and secure data storage methods. However, you acknowledge that no data transmission or storage method is 100% secure, and we cannot guarantee absolute security.
12.7 Analytics and Website Tracking
By using our website, you acknowledge and agree that we utilize analytics tools such as Microsoft Clarity, Facebook Meta Pixel and Google Analytics 4 to monitor and improve our services. These tools may collect data related to your usage patterns, device information, and location. Your use of this site constitutes your consent to such data collection and processing as outlined in our Privacy Policy. If you do not wish to have your data collected by these tools, you may disable cookies or use the opt-out mechanisms provided by Google Analytics and other analytics providers.
13. Dispute Resolution and Arbitration
13.1 Governing Law
These Terms, and any disputes arising from them, will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
13.2 Binding Arbitration
Any dispute or claim arising from or related to these Terms shall be resolved by binding arbitration, administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Arbitration proceedings will take place in Miami, Florida.
13.3 Waiver of Class Actions
All claims must be arbitrated on an individual basis. Neither you nor AI Business Automation may participate in a class action or other collective proceedings. This includes a waiver of class arbitrations, class actions, and collective actions.
13.4 Finality of Arbitration
The arbitrator’s decision will be binding and may be entered as a judgment in a court of competent jurisdiction. By agreeing to these terms, you and AI Business Automation waive the right to a trial by jury or to participate in a class action or representative action.
13.5 Alternative Dispute Resolution for EU Customers
For users located in the EU, you may seek dispute resolution through local Alternative Dispute Resolution (ADR) mechanisms, as permitted under EU consumer law.
14. Limitation of Liability
14.1 General Limitation of Liability
To the fullest extent permitted by law, Profit Shark, Inc., doing business as AI Business Automation, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or use, even if advised of the possibility of such damages.
14.2 Cap on Liability
The total liability of Profit Shark, Inc. for any claims under these Terms, whether in contract, tort, or otherwise, is limited to the amount you paid for services in the three (3) months preceding the event giving rise to the claim.
14.3 Non-Waivable Rights
Limitations of liability in these Terms do not affect any statutory rights that cannot be legally waived under applicable laws, particularly in EU jurisdictions.
14.4 Disclaimer of Warranties
The platform and all services are provided “as is” and “as available,” without warranty of any kind, either express or implied. We do not guarantee the platform’s uninterrupted, secure, or error-free operation.
14.5 Proprietary Configurations & Intellectual Property Protection
Ownership of Custom Configurations
The Client acknowledges that all custom-built automation workflows, AI chatbot prompts, marketing sequences, API integrations, and business process configurations created by Profit Shark, Inc. (dba AI Business Automation) remain the exclusive intellectual property of Profit Shark, Inc.
The Client is granted a limited, non-exclusive, non-transferable right to use and modify these custom configurations solely for their own internal business operations.
Permitted Use
- The Client may modify the custom-built workflows, automation sequences, and settings as needed for their internal business operations.
- The Client may not share, sell, or distribute any modified version of the system to any third party.
- The Client may not use the modified system to provide services to other businesses or monetize it as part of a service offering.
Prohibited Activities
The Client shall not, under any circumstances, directly or indirectly:
- Resell, sublicense, distribute, or offer the custom workflows, AI automations, or configurations to third parties.
- Use the custom automation workflows or AI configurations to operate a competing business or offer automation services similar to AI Business Automation.
- Develop, market, or offer a software-as-a-service (SaaS) solution or consulting service using AI Business Automation’s custom automation framework.
- Provide third parties with access to the proprietary configurations or workflows, whether in their original or modified form.
Legal Consequences for Violations
If the Client violates this section, Profit Shark, Inc. reserves the right to:
- Immediately terminate the Client’s account and revoke access to all proprietary configurations.
- Pursue legal action to recover financial damages resulting from unauthorized distribution or resale.
- Seek injunctive relief to prevent further use, modification, or distribution of proprietary elements.
- Charge the Client for any losses incurred, including legal fees and collection costs.
Survival of Terms
This Intellectual Property Protection clause remains in effect even after termination of the Client’s subscription.
15. Additional Services and Access to Client Platforms
15.1 Provision of Additional Services
In addition to software access, we may offer supplementary services under our SWAS (Software With a Service) model, including business strategy, marketing consultations, and social media management. These services are designed to support business growth in areas such as sales, social media, and marketing.
15.2 Client Consent for Platform Access
To provide the additional services, you may need to grant us access to your third-party platforms, such as social media accounts, CRMs, and other business tools. By granting access, you confirm that you have the authority to do so and indemnify AI Business Automation against claims related to such access.
15.3 Limitation of Liability for Third-Party Access
While we take reasonable precautions to maintain data security on third-party platforms accessed during service delivery, we are not liable for any data breaches, unauthorized access, or other issues arising from third-party platform use or downtime.
15.4 Indemnification
You agree to indemnify and hold aibusinessautomation.ai harmless from any claims, damages, or liabilities arising from access granted to third-party platforms as part of the additional services provided.
16. Modification of Terms
16.1 Right to Modify Terms
aibusinessautomation.ai reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website, and your continued use of the platform constitutes acceptance of the updated terms.
16.2 Notification of Changes
Where possible, we will notify users of significant changes by posting an update or sending an email notification to the address provided during registration. We recommend reviewing these Terms periodically to stay informed of any updates.
17. Miscellaneous
17.1 Entire Agreement
These Terms, along with any policies referenced herein, represent the entire agreement between you and Profit Shark, Inc., dba AI Business Automation, superseding any prior or contemporaneous agreements, whether written or oral.
17.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations under these Terms without restriction.
17.4 Force Majeure
We are not liable for any failure or delay in performance due to causes beyond our control, including but not limited to acts of nature, war, fire, labor disruptions, government actions, internet service failures, or power outages.
17.5 Contact Information
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