Terms and Conditions

  1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BIZ BABY INC. D/B/A BIZBABY (“BIZBABY”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://WWW.BIZBABY.COM/ AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME (THE “WEBSITE”), AND THE BIZBABY MOBILE APPLICATION MADE AVAILABLE BY BIZBABY AND THROUGH THIRD-PARTY MARKETPLACES (THE “APP”).
  2. THESE TERMS AND CONDITIONS (AS AMENDED FROM TIME TO TIME, THESE “TERMS” OR THIS “AGREEMENT”) APPLY TO ALL USERS OF THE WEBSITE AND THE APP, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE OR THE APP, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE OR THE APP.
  3. YOU MUST BE AT LEAST 18 YEARS OLD (OR OTHERWISE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT IN YOUR JURISDICTION) TO USE THE WEBSITE AND APP. BY ACCESSING, BROWSING, AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BIZBABY. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE OR THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APP, OR THE SERVICES (DEFINED IN SECTION 1 BELOW).
  4. PLEASE BE AWARE THAT SECTION 21 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, EXCEPT FOR LIMITED EXCEPTIONS EXPRESSLY SET OUT IN SECTION 21, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
  5. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, THE APP, OR THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE JURISDICTION SET OUT IN SECTION 22. FOR PURPOSES OF SECTION 21 (ARBITRATION), THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND OTHER APPLICABLE U.S. FEDERAL LAW.
  6. IF YOU SUBSCRIBE FOR A FREE TRIAL YOU WILL HAVE THE RIGHT TO USE THE SERVICES FOR THE TRIAL PERIOD. YOUR ABILITY TO USE ALL FEATURES OF THE SERVICES WILL TERMINATE ON EXPIRY OF THE TRIAL UNLESS YOU OPT TO MAKE A PURCHASE TO SUBSCRIBE TO A PAID PLAN GRANTING FULL ACCESS TO THE SERVICES.
  7. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS.
  8. PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY BIZBABY IN ITS SOLE DISCRETION AT ANY TIME. YOU MAY READ A CURRENT, EFFECTIVE COPY OF THESE TERMS BY VISITING THE “TERMS” LINK ON THE WEBSITE AND UNDER THE “SETTINGS — TERMS AND CONDITIONS” SECTION OF THE APP. WHEN MATERIAL CHANGES ARE MADE, BIZBABY WILL SEND YOU AN EMAIL AND/OR IN-APP NOTIFICATION (AS APPLICABLE) AND WE WILL ALSO UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS. ANY NON-MATERIAL CHANGE (SUCH AS CLARIFICATIONS) TO THESE TERMS AND ANY NEW TERMS GOVERNING NEW FEATURES, FUNCTIONALITY, OR SERVICES WILL BECOME EFFECTIVE ON THE DATE THE CHANGE IS POSTED. ANY MATERIAL CHANGES TO THESE TERMS WILL BE EFFECTIVE: (I) IMMEDIATELY IF YOU ARE A NEW USER OF THE WEBSITE, THE APP, AND/OR THE SERVICES; AND (II) IF YOU ARE AN EXISTING USER OF THE WEBSITE, THE APP, AND/OR THE SERVICES, UPON THE EARLIER OF (A) THIRTY (30) DAYS AFTER NOTICE IS PROVIDED OF SUCH CHANGES (WHICH NOTICE MAY BE PROVIDED ON THE WEBSITE, BY EMAIL, OR BY IN-APP NOTICE), OR (B) YOUR ACCEPTANCE OF THE UPDATED TERMS. BIZBABY MAY REQUIRE YOU TO PROVIDE CONSENT TO UPDATED TERMS IN A SPECIFIED MANNER BEFORE FURTHER USE IS PERMITTED. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING NOTICE, YOU SHALL STOP USING THE WEBSITE, THE APP, AND/OR THE SERVICES. OTHERWISE, YOUR CONTINUED USE CONSTITUTES YOUR ACCEPTANCE. PLEASE REGULARLY CHECK THE WEBSITE OR THE APP’S “SETTINGS” PAGE TO VIEW THE THEN-CURRENT TERMS.

    1. Definitions

  1. "BizBaby," "we," or "us" means the BizBaby contracting entity identified in Section 25 (Company Information and Notices).
  2. "Services" means the BizBaby websites, applications (including mobile apps), software, features, tools, integrations, templates, and related services we provide.
  3. "Business," "you," or "your" means the business entity or person using the Services for business purposes.
  4. "Account Owner" means the individual or entity that controls the BizBaby account for a Business. Unless BizBaby approves otherwise, the first user who creates the account (or the Business shown on the billing profile) will be treated as the Account Owner.
  5. "Customer" means an end customer of a Business.
  6. "Worker" or "Team Member" means any user added by a Business (including employees, contractors, admins, dispatchers, or customer service agents).
  7. "Customer Data" means data submitted to the Services by or on behalf of a Business, including customer profiles, job details, invoices, communications, payment status, attachments, notes, and other business records.
  8. "User Content" means content you upload, create, or transmit through the Services (including Sites you publish, communications, forms, images, text, media, and notes).
  9. "Site" or "Sites" means websites, landing pages, forms, and related pages you create or publish using BizBaby's website builder and hosting features.
  10. "Communications Services" means calling, texting (SMS/MMS), email sending/receiving, voicemail, and related communications features provided through the Services.
  11. "Personal Client Cabinet" means BizBaby's customer portal that may allow Customers to manage requests, approvals, invoices, and payments.

    12. 2. Acceptable Use Policy

  12. Your use of the Services is subject to BizBaby’s Acceptable Use Policy (“AUP”), which is incorporated by reference into these Terms. If you violate the AUP, BizBaby may suspend or terminate your access to the Services. The current AUP is available at https://www.bizbaby.com/acceptable-use/policy and may also be available in the BizBaby mobile app under Settings → Acceptable Use Policy.

    13. 3. Website Builder and Hosted Sites

  13. BizBaby may allow you to create, host, and publish Sites. You are solely responsible for your Sites and all content, products, services, offers, claims, and data collection practices on your Sites, including any required disclosures and policies.
    1. 3.1 Your Content and Responsibilities
    2. You represent and warrant that: (a) you own or have the necessary rights to use and publish all content on your Sites; (b) your Sites and content comply with all applicable laws; and (c) your Sites do not infringe or misappropriate any third-party rights.

    3. 3.2 Prohibited Content and Uses
    4. You may not use the website builder or BizBaby hosting to publish or distribute content that BizBaby determines (in its discretion) is illegal, deceptive, fraudulent, misleading, hateful, harassing, abusive, violent, threatening, sexually explicit, infringing, privacy-violating, or that promotes or facilitates illegal activity.
    5. You may not publish malware, spyware, phishing, credential harvesting, security exploits, or any content intended to compromise systems or users. You may not attempt to bypass BizBaby security, access controls, or rate limits.
    6. You may not use Sites primarily for spam, SEO manipulation, link farms, cloaking, deceptive redirects, or abusive traffic generation.

    7. 3.3 Enforcement; Takedown; Availability
    8. BizBaby may remove or disable access to any Site or content, restrict publishing features, suspend or terminate accounts, or take other action if we believe content or behavior violates these Terms or poses a security, legal, compliance, reputational, or safety risk.
    9. BizBaby may act immediately without prior notice if we believe content or behavior presents a security risk, legal risk, safety risk, or could harm BizBaby, users, third parties, carriers, vendors, or the public.

    10. 3.4 Website Builder Limits
    11. BizBaby may limit the number of pages, Sites, templates, published revisions, forms, or other website builder resources available to your account, and such limits may vary by plan. If you exceed plan limits, BizBaby may require an upgrade, restrict publishing, or apply additional charges as described in your plan or within the Services.

    12. 3.5 No Duty to Monitor; Hosted Site Disclaimer
    13. BizBaby may review or remove Sites and content as described in these Terms, but BizBaby does not have an obligation to monitor or police every Site. You are solely responsible for your Sites and for any products, services, claims, offers, disclosures, tracking scripts, and data collection practices on your Sites. BizBaby is not responsible for the legality, accuracy, or appropriateness of your Sites or for any harm arising from your Sites, including any third-party claims or regulatory actions.

    4. Communications (Phone, SMS/MMS, Email)

  14. BizBaby may offer Communications Services. These services may be provided through third-party carriers and vendors and are subject to their rules in addition to these Terms.
    1. 4.1 Legal Compliance; Consent
    2. You are solely responsible for compliance with all laws and regulations applicable to your communications and marketing (including consent/opt-in requirements, do-not-call rules, CAN-SPAM, TCPA, recording/monitoring laws, and carrier requirements). You must maintain and provide evidence of required consent upon request.
    3. You may only contact recipients who have provided the required consent for the type of message or call. You must honor opt-out requests promptly (for example, STOP for texts) and maintain suppression lists.

    4. 4.2 Prohibited Communications Uses
    5. You may not use the Communications Services to send spam or unsolicited promotions; engage in phishing, social engineering, deception, or impersonation; promote illegal goods/services, fraud, or scams; harass or threaten others; spoof caller ID; or circumvent compliance checks, filtering, or rate limits.

    6. 4.3 Limits; Filtering; No Guarantee
    7. BizBaby may enforce usage limits, rate limits, recipient caps, and other abuse controls for compliance, deliverability, carrier/vendor requirements, fraud prevention, and system integrity. Carriers and vendors may block, filter, or label communications, and BizBaby does not guarantee deliverability or call completion.

    8. 4.4 Numbers and Email Aliases
    9. If you purchase or lease a phone number or use BizBaby-provided email aliases (e.g., name@bizbaby.com), you receive a limited right to use them during your subscription, subject to these Terms and vendor rules. Numbers and aliases may be disabled or reclaimed if your account is suspended/terminated, verification is incomplete, abuse is reported, vendors require action, or we determine there is risk to BizBaby or others.

    5. Accounts, Eligibility, and Security

  15. You must be at least 18 years old and legally able to enter a binding contract to use the Services. If you use the Services on behalf of a business, you represent that you have authority to bind that business.
    1. 5.1 Account Owner; Roles; Permissions
    2. The Account Owner is responsible for the account, billing, user access, and administrative settings. BizBaby may provide role-based permissions and access controls; you are responsible for configuring them appropriately and for all activity by your users.

    3. 5.2 Account Ownership Disputes
    4. If BizBaby receives a request or evidence of an account ownership dispute, BizBaby may request documentation, temporarily restrict access, or take other reasonable steps to protect the account and users. BizBaby may determine the Account Owner based on reasonable evidence (including billing records, business registration, email domain control, and administrator access) and may transfer or restore access accordingly. BizBaby is not liable for actions taken in good faith to address ownership disputes.

    5. 5.3 Registration; Security
    6. You must provide accurate, complete, and current account information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

    7. 5.4 Verification
    8. BizBaby may require identity or business verification to enable or continue access to certain features (including Communications Services). BizBaby may deny, suspend, or limit features if verification is incomplete or inconsistent.

    9. 5.5 Unauthorized Use
    10. You must promptly notify BizBaby of any unauthorized access or suspected security incident. BizBaby is not responsible for losses caused by compromised credentials or failure to follow reasonable security practices.

    6. Subscription Plans, Billing, and Taxes

  16. Access to the Services may require payment of subscription fees and/or usage-based fees as described at the time of purchase or within the Services.
    1. 6.1 Auto-Renewal
    2. Subscriptions renew automatically unless canceled before the renewal date. You authorize BizBaby (and its payment processors) to charge your payment method for recurring fees and applicable usage-based charges.

    3. 6.2 Usage-Based Charges; Communications Metering
    4. Certain features may incur variable charges, including per-message and per-minute fees, and other metered charges, as described in your plan or within the Services. Without limiting the foregoing, BizBaby may charge for text messages (sent or received), calls (inbound or outbound) measured in minutes (including ring time, waiting/queue time, and voicemails), and emails (sent or received), at rates associated with your current plan or add-ons.

    5. 6.3 Plan Limits and Overage
    6. Your plan may include limits (for example, messages, calling minutes, emails, users, features, storage, integrations, or website builder capacity). Limits and overage pricing (if any) are described in your plan, in product settings, or within the Services.

    7. 6.4 Storage, Media, and Content Limits
    8. BizBaby may impose limits on storage available to your account, including limits on the number and/or total size of photos, videos, media, files, attachments, and other stored content. Storage limits may vary by plan. If you exceed limits, BizBaby may require an upgrade, charge additional fees, restrict uploads, or apply retention policies.

    9. 6.5 Taxes; No Refunds
    10. Fees are exclusive of taxes. Except where required by law or expressly stated in writing by BizBaby, payments are non-refundable and we do not provide refunds or credits for partial periods or unused features.

    11. 6.6 Late Payments
    12. If payment is late or fails, BizBaby may suspend access, disable publishing or sending features, and/or terminate your account. You remain responsible for all amounts due.

    13. 6.7 Plan Changes; Downgrades; Loss of Access
    14. Changing plans may change limits and available features. Downgrading or moving to a plan with fewer features or lower limits may result in loss of access to certain features or data associated with those features. You are responsible for exporting any data you need before downgrading.

    7. Acceptable Use

  17. You agree not to use the Services in a way that violates law, infringes rights, harms others, interferes with the Services, attempts unauthorized access, introduces malware, or abuses automation/rate limits. BizBaby may investigate and take enforcement action as described in these Terms.

    18. 8. Customer Data, Privacy, and Security

  18. You represent and warrant that you have all rights and consents necessary to collect, use, and share Customer Data and User Content through the Services, including to allow BizBaby and its vendors to process such data to provide the Services.
    1. 8.1 Privacy Policy
    2. BizBaby’s Privacy Policy is available at https://www.bizbaby.com/privacy-policy and may also be available within the BizBaby mobile app under Settings → Privacy Policy. By using the Services, you consent to BizBaby’s collection, use, and disclosure of information as described in the Privacy Policy.

    3. 8.2 Data Retention; Export
    4. BizBaby may retain Customer Data and system logs for as long as reasonably necessary to provide the Services, comply with law, resolve disputes, prevent fraud or abuse, and enforce these Terms. BizBaby may offer data export tools for certain data; however, BizBaby does not guarantee that all data can be exported in all formats or at all times.

    5. 8.3 Monitoring; Preservation; Disclosure
    6. To operate, secure, and improve the Services and to comply with legal obligations, BizBaby may monitor usage patterns and may access, review, preserve, and disclose information (including Customer Data and User Content) if BizBaby reasonably believes it is necessary to (a) comply with law, regulation, legal process, or governmental request; (b) enforce these Terms and policies; (c) respond to security, fraud, or technical issues; (d) protect the rights, property, or safety of BizBaby, users, or the public; or (e) provide support.

    7. 8.4 Security
    8. BizBaby uses reasonable safeguards designed to protect data; however, no system can be guaranteed 100% secure.

    9. Payment Tools and Third-Party Payment Processors

  19. BizBaby may provide tools that help Businesses send invoices and collect payments, including through the Personal Client Cabinet. If you use a payment processor (such as Stripe), you are responsible for creating and maintaining your own processor account and complying with its terms. BizBaby is not responsible for processor services, payout timing, reserves, disputes, chargebacks, refunds, or processor account suspensions.
  20. The Business is solely responsible for customer disputes, refunds, chargebacks, ACH returns, and related fees or penalties assessed by processors or banks.

    21. 10. Personal Client Cabinet

  21. BizBaby may provide the Personal Client Cabinet to Customers. The Business is responsible for invoice accuracy, job scope, pricing, and policies shown in the portal. BizBaby does not guarantee the portal will prevent disputes.

    22. 11. Workers, Teams, and Permissions

  22. BizBaby allows Businesses to add users/workers and configure permission levels. The Business is responsible for configuring permissions, supervising access, and all actions taken by its users/workers.
  23. BizBaby does not employ your workers and is not responsible for hiring, classification, payroll, benefits, supervision, training, or compliance with employment or contractor laws.

    24. 12. QuickBooks Integration

  24. BizBaby may offer integration with QuickBooks to sync certain data. Integrations rely on third-party systems and APIs and may be limited by field mappings, API restrictions, timing delays, and partial update support. You are responsible for reconciling discrepancies. BizBaby disclaims liability for mismatches, duplicates, failed syncs, and accounting/reporting errors caused by integration limitations or third-party behavior.
  25. You represent that you have authority to connect the QuickBooks account and authorize access for synchronization.

    26. 13. Vehicle Management

  26. Vehicle management tools are informational only. The Business remains responsible for vehicle safety, maintenance, inspections, insurance, driver qualification, regulatory compliance, and the accuracy/completeness of vehicle records.

    27. 14. Notes, Tasks, and Mobile App

  27. BizBaby may provide notes, task management, attachments, and mobile applications that offer communications, customer management, job management, invoicing and payment tools, and other features.
    1. 14.1 Notes and Tasks
    2. Notes, tasks, and recordkeeping features are provided for convenience only. You are responsible for the completeness and accuracy of your records and for meeting any legal or contractual recordkeeping obligations.

    3. 14.2 Mobile App; Device Security
    4. Use of mobile features may depend on device settings, carrier availability, and third-party services. You are responsible for securing devices used to access the Services (including access controls, updates, and prompt removal of access when a user leaves your organization).

    5. 14.3 App Store Terms (iOS/Android)
    6. If you access the Services through a mobile application downloaded from Apple’s App Store or Google Play, your use must also comply with the applicable app store terms. Apple and Google are not parties to these Terms and are not responsible for the Services; however, Apple and its subsidiaries may be third-party beneficiaries of this section and may have the right to enforce it against you.

    7. 14.4 AI and Automated Features
    8. BizBaby may offer features that use automation or artificial intelligence ("AI Features"), now or in the future. AI Features may generate suggestions, summaries, or other outputs. Outputs may be incomplete, incorrect, or inappropriate, and you are responsible for reviewing and validating outputs before relying on them. AI Features are not a substitute for professional advice (including legal, tax, accounting, or medical advice).

    9. 14.5 Beta Features
    10. BizBaby may make certain features available as beta, preview, or early access. Beta features may be changed or discontinued at any time and may be less reliable. BizBaby disclaims all warranties for beta features to the maximum extent permitted by law.

    15. Intellectual Property; License

  28. BizBaby and its licensors own the Services and all related intellectual property. Subject to these Terms, BizBaby grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
  29. You retain ownership of User Content. You grant BizBaby a worldwide, non-exclusive license to host, store, reproduce, transmit, display, and process User Content as necessary to provide, secure, and improve the Services, comply with law, and enforce these Terms.

    30. 16. Copyright and IP Complaints (DMCA)

  30. If you believe content hosted on BizBaby infringes your copyright, you may send a notice to the BizBaby designated agent listed in the Company Information and Notices section. BizBaby may remove or disable access to allegedly infringing material and may terminate repeat infringers.

    31. 17. Suspension and Termination

  31. BizBaby may suspend, restrict, or terminate your access to the Services (in whole or in part) at any time if BizBaby reasonably believes it is necessary to protect BizBaby, users, customers, carriers/vendors, or the public, or to comply with law or vendor requirements.
  32. Without limiting the foregoing, BizBaby may take such action immediately (with or without notice) for any of the following reasons:
    1. Non-payment, failed payments, or suspected payment fraud.
    2. Violation of these Terms, the Acceptable Use rules, Communications rules, or website content restrictions.
    3. Excessive complaints, spam reports, chargebacks, fraud indicators, carrier/vendor enforcement actions, or abnormal usage patterns that create risk.
    4. Publishing or hosting content that is illegal, deceptive, infringing, unsafe, or that threatens security or public safety.
    5. Phishing, impersonation, malware, credential harvesting, or other security threats.
    6. Use of the Services to harass, threaten, or abuse others, including BizBaby staff, contractors, or partners.
    7. Requests from law enforcement or other governmental authorities, court orders, or legal process requiring action.
    8. System integrity issues, abuse of APIs or rate limits, or attempts to bypass security controls.
    9. BizBaby discontinues a feature, a vendor/carrier requires suspension, or continued service would expose BizBaby or partners to legal or regulatory liability.
    10. Violation of the Acceptable Use Policy (including abuse of communications, website builder content, payment-related features, or security controls);
  33. If access is suspended or terminated, BizBaby may disable Sites, communications features, sending privileges, numbers or aliases, and access to certain data, subject to retention obligations and legal requirements. You remain responsible for amounts due through the effective date of suspension or termination.

    34. 18. Disclaimers

  34. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZBABY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    35. 19. Limitation of Liability

  35. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZBABY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. BIZBABY'S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNT YOU PAID TO BIZBABY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY (OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS), WHICHEVER IS GREATER.

    36. 20. Indemnification

  36. You agree to defend, indemnify, and hold harmless BizBaby and its affiliates from claims and expenses arising out of your use of the Services, your User Content, your Sites or communications, Customer Data, your products/services, or your breach of these Terms.

    37. 21. Arbitration Agreement and Class Action Waiver (U.S.)

  37. PLEASE READ THIS SECTION CAREFULLY. It affects your rights. Most disputes must be resolved by binding individual arbitration and not in court. This section is intended to be interpreted broadly and is governed by the U.S. Federal Arbitration Act (FAA).
    1. 21.1 Agreement to Arbitrate; Covered Disputes
    2. You and BizBaby agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, or your relationship with BizBaby ("Dispute") will be resolved by binding arbitration on an individual basis, except as expressly provided below. This arbitration agreement applies to Disputes that arose or were asserted before you accepted these Terms, as well as those that may arise later.
    3. Exceptions: (a) either party may bring an individual action in small claims court if it qualifies; (b) either party may seek injunctive or equitable relief in court to prevent or stop infringement or misappropriation of intellectual property rights, unauthorized access to the Services, fraud, or security breaches; and (c) BizBaby may pursue collections for amounts owed in court, if permitted by law.

    4. 21.2 Notice of Dispute; Informal Resolution
    5. Before initiating arbitration, the party raising a Dispute must send a written Notice of Dispute that includes (i) the name and contact information of the party giving notice, (ii) the BizBaby account email (if applicable), (iii) a description of the Dispute, and (iv) the relief sought. You must send your notice to BizBaby using the notice contact in Section 25 (Company Information and Notices). BizBaby will send notices to the email address associated with your account unless you provide a different address.
    6. The parties agree to attempt in good faith to resolve the Dispute informally for at least 60 days after a Notice of Dispute is received, unless the parties agree to extend this period. Only after this period may a party commence arbitration.

    7. 21.3 Arbitration Provider; Rules
    8. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules, as modified by this section. If the AAA is unavailable, the parties will agree on a substitute arbitration provider. The arbitrator shall apply applicable law and these Terms.

    9. 21.4 Procedure; Location; Relief
    10. Unless you and BizBaby agree otherwise, the arbitration will be conducted in the U.S. county and state identified in Section 21 (Governing Law) or by videoconference. For claims of $10,000 or less, you may choose whether the arbitration will be conducted based on documents only, by telephone or video, or by an in-person hearing, subject to AAA rules.
    11. The arbitrator may award the same damages and relief that a court could award on an individual basis, and must provide a reasoned written decision if required by AAA rules.

    12. 21.5 Fees and Costs
    13. Payment of filing, administration, and arbitrator fees will be governed by AAA rules and applicable law. BizBaby will not seek attorneys' fees from you unless the arbitrator determines your claim is frivolous or brought for an improper purpose, or unless fees are otherwise authorized by applicable law.

    14. 21.6 Class Action Waiver
    15. YOU AND BIZBABY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

    16. 21.7 Opt-Out
    17. You may opt out of this arbitration agreement by sending written notice to BizBaby using the notice contact in Section 24 (Company Information and Notices) within 30 days of (a) first accepting these Terms, or (b) the effective date of a material update to this arbitration section (whichever is later). Your opt-out notice must include your name, account email, and a clear statement that you want to opt out of arbitration.

    18. 21.8 Severability
    19. If any portion of this arbitration section is found unenforceable, the remainder will remain in effect. If the class action waiver is found unenforceable, then this entire arbitration agreement will be null and void, but the remainder of these Terms will remain in effect.

    22. Governing Law

  38. Except as provided in Section 21 (Arbitration Agreement and Class Action Waiver), these Terms and any Dispute are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict of laws principles. For any Dispute that is not subject to arbitration, the parties agree to exclusive jurisdiction and venue in the state or federal courts located in Delaware, and each party consents to personal jurisdiction there.

    39. 23. Miscellaneous

    1. 23.1 Changes to Terms
    2. BizBaby may update these Terms from time to time. If we make changes, we will post the updated Terms and update the "Last Updated" date. For changes that BizBaby reasonably determines are material, BizBaby will provide additional notice (for example by email, in-app notice, or other reasonable means) and the changes will become effective no earlier than 30 days after notice, unless a shorter period is required to address security, legal, or compliance requirements. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

    3. 23.2 Service Changes
    4. BizBaby may modify, update, or discontinue any part of the Services at any time, including adding or removing features, changing limits, imposing new requirements, or changing supported vendors or integrations, for security, compliance, operational, or business reasons. BizBaby does not guarantee uninterrupted availability.

    5. 23.3 Assignment
    6. You may not assign these Terms without BizBaby's prior written consent. BizBaby may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

    7. 23.4 Severability; Waiver; Entire Agreement
    8. If any provision is held unenforceable, the remaining provisions remain in effect. A party's failure to enforce any provision is not a waiver. These Terms and incorporated policies constitute the entire agreement between you and BizBaby regarding the Services.

    24. Law Enforcement and Legal Requests

  39. BizBaby may respond to preservation requests, subpoenas, court orders, and other legal process as required by law. BizBaby may preserve records for a period of time when we reasonably believe it is necessary.
  40. BizBaby may charge reasonable fees for responding to unusually burdensome or complex requests, as permitted by law, including costs associated with search, preservation, review, and production of records.
  41. BizBaby may notify you about legal requests for your information when allowed, but BizBaby may delay or withhold notice if legally prohibited or if BizBaby reasonably believes notice could create a risk of harm, fraud, or destruction of evidence.

    42. 25. Company Information and Notices

  42. Provider Legal Name: Biz Baby Inc. (d/b/a BizBaby)
    Business Address: Delaware, US
    Notice Email (Legal/Terms): info@bizbaby.com
    Support Email: info@bizbaby.com
    DMCA / IP Claims Email: info@bizbaby.com
    Notices: You may send legal notices to BizBaby using the Notice Email. BizBaby may send notices to you using the email address associated with your account or through the Services.