Terms of Service

1. Introduction & Acceptance of Terms

Welcome to 248.AI. These Terms of Service ("Terms") govern your access to and use of the 248.AI platform, including our website, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

248.AI ("we," "us," or "our") reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Description of Services

248.AI provides AI-powered sales intelligence and go-to-market tools designed for B2B sales teams, with a focus on the restaurant and hospitality industry. Our Services include:

• Researcher: AI-powered lead enrichment and sales intelligence platform
• Outbounder: Email sequencing and personalized outreach campaigns
• Inbounder: AI-powered SMS response system for inbound leads
• GeoPlanner: Territory planning and route optimization tools
• Additional tools and features as we develop and release them

3. User Accounts and Registration

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Services in any way that violates applicable federal, state, local, or international laws
• Send unsolicited or unauthorized advertising, spam, or promotional materials
• Impersonate or attempt to impersonate 248.AI, an employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use of the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Use any automated means to access the Services for any purpose without our express written permission
• Introduce any viruses, malware, or other harmful code
• Attempt to reverse engineer, decompile, or disassemble any portion of the Services

5. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by 248.AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms.

6. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

You retain ownership of any data you provide to us. By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your data solely to provide the Services to you.

7. Payment Terms

Certain features of our Services may require payment. If you subscribe to a paid plan:

• You agree to pay all fees associated with your selected plan
• Fees are billed in advance on a monthly or annual basis, as specified in your subscription
• All fees are non-refundable except as required by law or as otherwise stated in these Terms
• We may change our fees upon 30 days' notice to you
• You are responsible for providing accurate billing information and keeping it current

8. Service Availability and Modifications

We strive to provide reliable and continuous access to our Services. However, we do not guarantee that the Services will be available at all times. We may modify, suspend, or discontinue any part of the Services at any time without notice.

We reserve the right to perform maintenance and updates that may temporarily affect service availability. We will make reasonable efforts to provide advance notice of scheduled maintenance when possible.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 248.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless 248.AI, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us. Upon termination, we may retain certain information as required by law or for legitimate business purposes.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California.

13. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at: