Terms of Use

1. Definitions

For the purposes of these Terms, the following definitions apply:

• "AIBenta," "we," "us," or "our" refers to AIBenta, a product of TNETIC, Inc., a corporation organized under the laws of the State of Illinois.
• "Service" means the AIBenta AI-powered sales agent platform, including all software, interfaces, APIs, conversation flows, onboarding services, and related tools provided by TNETIC, Inc., certain components of which are licensed from AIBenta's Technology Provider (defined below).
• "Client" or "you" means any business, individual, or entity that accesses, subscribes to, or uses the Service.
• "End User" means any third-party consumer or prospect who communicates with an AI agent powered by AIBenta on a Client's behalf.
• "AI Output" means any message, response, recommendation, quote, price, confirmation, or content generated by the AIBenta artificial intelligence system.
• "Conversation Data" means all messages, inputs, and outputs transmitted through the Service, including communications between the AI agent and End Users.
• "Client Content" means all information, data, materials, product listings, pricing, policies, scripts, and instructions provided by the Client to configure the Service.
• "Technology Provider" means the third-party technology company that develops and owns the underlying AI models and infrastructure used to deliver the Service, which TNETIC, Inc. operates and offers to Clients under a license and reseller arrangement with that company.

2. Acceptance of Terms

By creating an account, accessing the Service dashboard, or permitting the Service to operate on your behalf, you confirm that you have read, understood, and agree to these Terms. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity. These Terms constitute a legally binding agreement between you and TNETIC, Inc.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service dashboard. Your continued use of the Service following notification of changes constitutes acceptance of the revised Terms.

3. Description of Service

AIBenta provides an AI-powered conversational sales agent that responds to inbound inquiries, qualifies leads, captures orders and bookings, and facilitates sales conversations on behalf of the Client across supported messaging channels, including Facebook Messenger, Instagram Direct, WhatsApp, SMS, and website chat.

The Service's core AI functionality is built on models and infrastructure licensed from AIBenta's Technology Provider. TNETIC, Inc. configures, brands, deploys, and supports the Service on the Client's behalf, and represents that it holds the rights and licenses necessary to provide the Service as described in these Terms.

The Service is a software tool, not a licensed professional service. AIBenta does not provide legal advice, financial advice, medical advice, real estate brokerage services, or any other regulated professional service. Clients operating in regulated industries remain solely responsible for compliance with applicable laws and regulations governing their industry.

4. AI Output — No Warranty of Accuracy

4.1 Nature of AI-Generated Responses

AIBenta's responses are generated by artificial intelligence and are based on the information provided by the Client, patterns in training data, and probabilistic language modeling. AI Output may contain errors, omissions, outdated information, or statements that are inaccurate, incomplete, or misleading — commonly referred to as "hallucinations."

4.2 No Guarantee of Accuracy

TNETIC, INC. MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR PURPOSE OF ANY AI OUTPUT. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." All AI Output should be treated as unverified and subject to human review before being relied upon for any material business decision.

4.3 Client Responsibility for AI Output

The Client is solely responsible for:

• Reviewing and monitoring AI Output for accuracy, appropriateness, and compliance with applicable law;
• Ensuring that all Client Content used to configure the Service — including pricing, product information, availability, policies, and terms — is accurate, current, and complete;
• Verifying any commitment, quote, price, availability confirmation, or booking generated by the AI before honoring or enforcing it;
• Implementing appropriate escalation rules to route complex, sensitive, or high-value inquiries to human representatives.

4.4 Reliance by End Users

The Client acknowledges that End Users may rely on AI Output in making purchasing decisions. The Client assumes full responsibility for any consequences arising from End User reliance on AI Output, including claims of misrepresentation, breach of contract, or consumer protection violations.

5. Client Obligations

5.1 Accurate Configuration

The Client warrants that all Client Content provided to configure the Service — including product descriptions, pricing, availability, policies, scripts, and qualifying criteria — is accurate, lawful, and not misleading. The Client agrees to update Client Content promptly whenever information changes.

5.2 Disclosure to End Users

The Client must clearly disclose to End Users that they are communicating with an AI agent, not a human, prior to or at the commencement of any AI-assisted conversation. This disclosure must be prominent and unambiguous. Failure to make this disclosure may expose the Client to liability under applicable consumer protection, deceptive practices, and AI transparency regulations, including guidance issued by the Federal Trade Commission.

5.3 Human Oversight

The Client agrees to maintain active human oversight of AI-assisted conversations, including:

• Configuring escalation triggers for high-value transactions, sensitive customer situations, complaints, and queries outside the scope of Client Content;
• Designating personnel responsible for monitoring conversation logs and responding to escalated inquiries in a timely manner;
• Regularly reviewing AI conversation history to identify patterns of inaccuracy or inappropriate responses.

5.4 Prohibited Uses

The Client agrees not to use the Service to:

• Make false, deceptive, or misleading representations to End Users;
• Conduct or facilitate any unlawful activity, including fraud, harassment, or discrimination;
• Quote, sell, or solicit regulated products or services (including insurance, securities, prescription medication, or mortgage loans) without proper licensing and disclosures;
• Collect sensitive personal information — including Social Security numbers, financial account numbers, or medical records — through AI-assisted conversations without appropriate security measures and legal authorization;
• Violate the Fair Housing Act, Equal Credit Opportunity Act, or any other anti-discrimination law in the qualification or treatment of End Users;
• Deploy the Service in a manner that violates the terms of service or usage policies of any third-party messaging platform (including Meta, WhatsApp, or SMS carriers) or of AIBenta's Technology Provider and its own sub-processors;
• Attempt to reverse-engineer, copy, or create derivative works from the Service.

The Client acknowledges that a violation of this Section 5.4 may jeopardize TNETIC, Inc.'s standing with its Technology Provider or with third-party messaging platforms, potentially affecting the Service for other Clients. Accordingly, TNETIC, Inc. may suspend the Client's access immediately and without prior notice where necessary to protect that standing.

5.5 Regulatory Compliance

The Client is solely responsible for compliance with all laws and regulations applicable to their business and industry, including but not limited to:

• Federal Trade Commission Act and FTC AI disclosure guidance;
• Telephone Consumer Protection Act (TCPA) and applicable SMS marketing rules;
• CAN-SPAM Act for electronic commercial messages;
• California Consumer Privacy Act (CCPA) and other applicable state privacy laws;
• Health Insurance Portability and Accountability Act (HIPAA) for healthcare clients;
• Fair Housing Act and real estate advertising regulations;
• State-specific consumer protection statutes.

5.6 Export Controls and Sanctions Compliance

The Client represents and warrants that it is not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive trade sanctions, and that neither the Client nor any of its officers or beneficial owners appears on any restricted-party or denied-persons list maintained by the U.S. Office of Foreign Assets Control, the European Union, the United Kingdom, or the United Nations. TNETIC, Inc.'s ability to provide the Service depends on equivalent warranties TNETIC, Inc. has made to its own Technology Provider, and TNETIC, Inc. may suspend or terminate the Service without liability if this warranty is or becomes inaccurate.

6. Data, Privacy, and Conversation Records

6.1 Conversation Data Ownership

As between the Client and TNETIC, Inc., the Client owns all Conversation Data generated through the Client's use of the Service. TNETIC, Inc. may access and process Conversation Data solely for the purposes of operating, maintaining, and improving the Service, and as otherwise described in our Privacy Policy.

6.2 Data Retention

TNETIC, Inc. will retain Conversation Data for a period specified in the applicable service order or, absent such specification, for up to twelve (12) months following termination of the Client's account. Clients may request earlier deletion subject to applicable legal retention obligations.

6.3 Client as Data Controller

For purposes of applicable data protection laws, the Client is the data controller with respect to personal data of End Users collected through the Service. The Client is responsible for obtaining all necessary consents, providing required privacy notices to End Users, and responding to End User data rights requests.

6.4 Security

TNETIC, Inc. implements commercially reasonable technical and organizational measures to protect Conversation Data. However, no system is completely secure. TNETIC, Inc. is not responsible for breaches resulting from the Client's actions, third-party platform vulnerabilities, or events beyond our reasonable control.

6.5 Technology Provider as Subprocessor

The Client acknowledges that TNETIC, Inc. uses its Technology Provider as a subprocessor to host and operate the underlying AI infrastructure through which Client Content and Conversation Data are processed. TNETIC, Inc. shall use commercially reasonable efforts to ensure its Technology Provider maintains confidentiality and security obligations materially consistent with this Section 6 and with our Privacy Policy.

7. Intellectual Property

The Service is powered in part by AI models, software, and infrastructure that are owned by AIBenta's Technology Provider and licensed to TNETIC, Inc. for resale and operation. As between TNETIC, Inc. and the Client: (a) TNETIC, Inc. owns all right, title, and interest in the branding, configuration, conversation frameworks, campaign builds, and other work product it creates specifically for the Client; and (b) TNETIC, Inc. holds a valid license from its Technology Provider to operate the underlying AI platform in delivering the Service. These Terms do not grant the Client any ownership interest in the Service, whether held by TNETIC, Inc. or its Technology Provider. TNETIC, Inc. represents that it holds the rights and licenses necessary to provide the Service as described in these Terms.

The Client grants TNETIC, Inc. a limited, non-exclusive license to use Client Content solely for the purpose of configuring and operating the Service on the Client's behalf. The Client retains all ownership rights in Client Content.

The AIBenta name, logo, and associated marks are trademarks of TNETIC, Inc. The Client may not use these marks without prior written permission.

8. Limitation of Liability

8.1 Disclaimer of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TNETIC, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO: (A) ANY AI OUTPUT; (B) ANY RELIANCE BY AN END USER ON AI OUTPUT; (C) ANY INACCURACY, ERROR, OR OMISSION IN THE SERVICE; (D) ANY INTERRUPTION OR UNAVAILABILITY OF THE SERVICE; OR (E) ANY ACTION, INACTION, OR DISCONTINUATION BY AIBENTA'S TECHNOLOGY PROVIDER.

8.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TNETIC, INC.'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO TNETIC, INC. IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 Essential Basis

The limitations in this Section 8 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. TNETIC, Inc. would not provide the Service on the terms set forth herein without these limitations.

9. Indemnification

The Client agrees to defend, indemnify, and hold harmless TNETIC, Inc. and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Client's use of the Service or any AI Output;
• Any claim by an End User arising from AI-assisted communications conducted on the Client's behalf, including claims of misrepresentation, breach of contract, or consumer protection violations;
• Any inaccuracy or incompleteness in Client Content;
• The Client's failure to disclose the AI nature of the Service to End Users;
• The Client's violation of these Terms or any applicable law;
• Any claim by a third-party messaging platform arising from the Client's use of the Service on that platform.

10. AI-Specific Risk Disclosures

The Client acknowledges and accepts the following specific risks inherent to AI-powered sales technology:

10.1 Hallucination Risk

AI language models may generate responses that are factually incorrect, fabricated, or inconsistent with the Client Content provided. This includes, without limitation, quoting incorrect prices, confirming unavailable products, misrepresenting features or terms, and making commitments the Client is unable to fulfill. The Client is solely responsible for any harm arising from End User reliance on hallucinated AI Output.

10.2 No Binding Authority

AI Output does not constitute a legally binding offer or acceptance on behalf of TNETIC, Inc. Clients should evaluate with their legal counsel the extent to which AI-generated confirmations, quotes, and order acceptances may constitute binding commitments under applicable contract law in their jurisdiction, and configure the Service accordingly.

10.3 Unintended Discrimination

AI systems may, in certain contexts, produce outputs that inadvertently treat individuals differently based on characteristics protected by law, including race, gender, age, national origin, religion, disability, or familial status. Clients operating in real estate, credit, employment, housing, or other regulated sectors must actively monitor for and remediate any such patterns.

10.4 Platform Dependency

The Service operates across third-party messaging platforms whose APIs, policies, and availability are beyond the control of TNETIC, Inc. Changes to platform policies, API restrictions, or service outages may affect the availability or functionality of the Service without notice. TNETIC, Inc. shall not be liable for any disruption caused by third-party platform changes.

10.5 Evolving Regulatory Landscape

Laws and regulations governing AI systems, automated communications, and consumer-facing AI agents are rapidly evolving at the federal, state, and international level. The Client is responsible for monitoring regulatory developments applicable to their use of AI-assisted sales technology and ensuring ongoing compliance.

10.6 Technology Provider Dependency

The Service's core AI functionality depends on a license TNETIC, Inc. holds from its Technology Provider. TNETIC, Inc. does not warrant the uninterrupted continuation of that license and shall not be liable for any Service disruption, degradation, pass-through price increase, or discontinuation caused by: (a) the Technology Provider's modification, suspension, or termination of TNETIC, Inc.'s license or reseller rights; (b) changes to the Technology Provider's platform, models, pricing, or features; or (c) the Technology Provider's insolvency, acquisition, or cessation of operations. If TNETIC, Inc.'s license from its Technology Provider terminates or is materially impaired such that TNETIC, Inc. can no longer provide the Service, TNETIC, Inc. may discontinue the Service and terminate the Client's account upon thirty (30) days' written notice, or such shorter notice as circumstances reasonably require, and shall use commercially reasonable efforts to provide advance notice and to assist the Client in exporting its Client Content and Conversation Data before discontinuation.

11. Payment and Billing

Service fees are determined in the applicable service order or statement of work agreed between the Client and TNETIC, Inc. Fees are non-refundable except as expressly set forth in the applicable service order. TNETIC, Inc. reserves the right to suspend the Service for non-payment following reasonable notice to the Client.

Setup fees, if applicable, cover the needs assessment, brand voice configuration, campaign build, flow testing, and channel integration described in the service order, and are earned upon commencement of the setup engagement regardless of whether the Client elects to continue to a paid subscription.

12. Term and Termination

These Terms commence on the date the Client first accesses the Service and continue until terminated by either party in accordance with this Section.

Either party may terminate the Service upon written notice if the other party materially breaches these Terms and fails to cure such breach within fourteen (14) days of receiving written notice of the breach.

TNETIC, Inc. may immediately suspend or terminate the Service, without liability, if: (a) the Client violates Section 5.4 (Prohibited Uses); (b) the Client's use of the Service creates legal risk or reputational harm to TNETIC, Inc.; (c) required by law; or (d) as set forth in Section 10.6 (Technology Provider Dependency).

Upon termination, the Client's right to access the Service ceases. Sections 4, 5, 6, 7, 8, 9, 10, 13, 14, and 15 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Kane County, Illinois, and the parties consent to personal jurisdiction in those courts.

Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of thirty (30) days following written notice of the dispute.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any applicable service order or statement of work, constitute the entire agreement between the Client and TNETIC, Inc. with respect to the Service and supersede all prior agreements, representations, and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

14.3 Waiver

No failure or delay by TNETIC, Inc. in exercising any right under these Terms constitutes a waiver of that right.

14.4 Assignment

The Client may not assign these Terms or any rights hereunder without the prior written consent of TNETIC, Inc. TNETIC, Inc. may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

14.5 Force Majeure

TNETIC, Inc. shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, government action, third-party platform outages, Technology Provider actions described in Section 10.6, or telecommunications failures.

14.6 Notices

Legal notices to TNETIC, Inc. must be sent in writing to the address on file or to info@tnetic.com. Notices to the Client will be sent to the email address associated with the Client's account.

15. Contact Information

Questions about these Terms may be directed to: