Terms of Service & SMS Messaging Policy

Section 01Acceptance of Terms

Welcome to BookNexa AI (booknexaai.com). These Terms of Service and SMS/Messaging Policy ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BookNexa AI ("Company," "we," "us," or "our").

By accessing or using our website, platform, AI concierge services, text/SMS messaging programs, mobile applications, or any other services provided by BookNexa AI (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.

If you do not agree to these Terms, you must not access or use our Services.

You must be 18 years of age or older to use the Services or to participate in any SMS/text messaging program offered by BookNexa AI. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

We reserve the right to update or modify these Terms at any time. Changes become effective immediately upon posting with a revised "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.

Section 02Description of Services

BookNexa AI is an AI-powered voice concierge and business automation platform designed for service-based businesses. Our Services include, but are not limited to:

• AI Voice Agent: An intelligent 24/7 virtual receptionist that answers incoming calls, collects client information, qualifies leads, books appointments directly into your calendar, and sends confirmation texts and emails automatically.
• AI Conversation Assistant: An interactive chatbot and messaging assistant that engages website visitors, qualifies leads, answers questions, and facilitates appointment scheduling.
• Custom AI Avatars: Professional AI-powered digital avatars that represent your brand with customized appearance and voice.
• SMS/Text Messaging Services: Automated and manual text messaging capabilities including appointment reminders, booking confirmations, service notifications, follow-up communications, and marketing messages (with proper consent).
• CRM Integration: Seamless integration with major CRM platforms, including GoHighLevel (GHL), to manage leads, contacts, appointments, and communications.
• Website & Funnel Building: Branded website development and high-converting sales funnel creation tailored to specific industry needs.
• AI Concierge App: A GoHighLevel (GHL) Marketplace application that enables GHL users to deploy AI voice and conversation agents within the GHL ecosystem.
• Call Transcription & Summarization: Automatic transcription and AI-generated summaries of all handled calls.
• Call Bridging & Transfer: Intelligent call routing to live staff when needed.
• Multilingual Voice Support: AI voice agents that can operate in 30+ languages.
• Review Request Automation: Automated post-service review requests.

BookNexa AI operates on a subscription basis. The specific features available to you depend on your selected subscription plan. Setup is typically completed within 3–5 business days for standard configurations or 10–14 business days for custom setups.

Section 03Industries Served

BookNexa AI provides AI concierge and business automation services to a wide range of service-based industries:

The types of SMS/text messages sent through BookNexa AI's platform are tailored to each industry's needs and may include: appointment reminders, booking confirmations, service notifications, follow-up messages, schedule changes, promotional offers (with proper consent), and customer support communications. All messaging is conducted in compliance with applicable federal and state laws, CTIA guidelines, and carrier requirements.

Section 04AI Concierge & GHL Marketplace App

BookNexa AI offers an AI Concierge application available through the GoHighLevel (GHL) Marketplace. The following additional terms apply:

• The AI Concierge App integrates with GHL sub-accounts and workflows to provide AI-powered voice and conversation agents.
• Users must comply with both these Terms and GoHighLevel's own Terms of Service and Acceptable Use Policies.
• All SMS/text messages sent through the AI Concierge App are subject to this SMS/Messaging Policy, A2P 10DLC registration requirements, CTIA guidelines, and carrier compliance standards.
• Users are responsible for obtaining proper opt-in consent from their end customers before any SMS/text messages are sent through the App.
• BookNexa AI does not guarantee specific delivery rates or message throughput, as these are subject to carrier policies and A2P registration status.
• Users must register their own A2P 10DLC campaigns as required by carriers.

BookNexa AI is an independent software vendor and is not affiliated with, endorsed by, or a subsidiary of GoHighLevel, LLC. GoHighLevel, GHL, and related trademarks are the property of their respective owners.

Section 05User Accounts & Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. When registering, you agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated.
• Maintain the confidentiality of your account credentials and accept responsibility for all activities under your account.
• Notify BookNexa AI immediately of any unauthorized use of your account.
• Ensure that your staff, employees, contractors, and end users comply with these Terms.

We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information, or that we reasonably believe have been compromised.

Section 06Subscription Plans, Pricing & Billing

6.1 Plan Tiers

BookNexa AI offers multiple subscription tiers with varying features and pricing. Current plans include Starter, Growth, and Premium tiers, with pricing as displayed on our website at the time of purchase.

6.2 Founder's Club Pricing

Limited-time promotional pricing ("Founder's Club") may be offered to early customers. Founder's Club pricing is locked in for the duration of your continuous subscription and is non-transferable. Cancellation and re-subscription will result in loss of Founder's Club pricing.

6.3 Usage Limits

Certain plans may include limits on call minutes, SMS messages, or other usage metrics. Exceeding these limits may result in additional charges or service limitations.

6.4 Billing Structure

Fee Type	When Charged	Examples
One-Time Fees	Immediately at checkout	White Glove Onboarding, Payment Processing Setup
Monthly Subscription	After 14-day free trial (Day 15)	Starter/Growth/Premium plan, Extra Phone Lines, Add-ons

6.5 Payment Terms

We accept major credit cards, debit cards, and other payment methods as displayed during checkout. Subscription fees are billed monthly in advance. All fees are in U.S. dollars. You are responsible for applicable taxes. If payment fails after multiple attempts, your account may be suspended.

6.6 Price Changes

We reserve the right to modify pricing for future subscription periods with 30 days' notice. Price changes do not affect current billing periods or locked Founder's Club pricing.

Section 07Free Trial & Cancellation

7.1 Free Trial

New customers receive a 14-day free trial. Your trial begins when your AI assistant is deployed and live. A valid credit card is required at signup but you will not be charged until Day 15. You may cancel at any time during the trial without being charged for subscription services. One-time setup fees are charged immediately and are separate from the trial.

7.2 Cancellation

You may cancel your subscription at any time through your account settings or by emailing support@booknexaai.com. Upon cancellation, service remains active until the end of your current billing period. No partial refunds are issued for unused time.

7.3 Refund Policy

Please refer to our Refund Policy for complete details on refund eligibility for one-time fees and subscription charges.

7.4 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you breach these Terms, if required by law, or if your use poses a compliance or security risk. Carrier fines (including T-Mobile Sev-0 violation fines) resulting from non-compliant messaging activity will be passed through to the responsible user.

Section 08Acceptable Use & Compliance

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations, including:

• The Telephone Consumer Protection Act (TCPA)
• CTIA Messaging Principles and Best Practices
• Federal Trade Commission (FTC) regulations
• CAN-SPAM Act
• State telemarketing and consumer protection laws
• Do Not Call registry requirements
• A2P 10DLC carrier compliance requirements

Prohibited Uses

You agree NOT to use the Services to:

• Send messages to numbers on the National Do Not Call Registry without proper consent
• Send unsolicited messages (spam), phishing, or deceptive communications
• Send content violating SHAFT guidelines (Sex, Hate, Alcohol, Firearms, Tobacco/Cannabis) without compliance measures
• Import phone number lists that were purchased, rented, or obtained without proper opt-in consent
• Harass, threaten, or intimidate any person
• Impersonate any person or entity
• Interfere with or disrupt the Services
• Reverse engineer or extract source code from the Services
• Resell or redistribute the Services without authorization

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Section 09SMS / Text Messaging Policy

When you opt in to receive SMS/text messages from BookNexa AI, you may receive recurring automated text messages related to: appointment reminders, booking confirmations, service notifications, scheduling updates, follow-up communications, account alerts, customer support responses, and promotional or marketing messages (if you have provided separate consent for marketing). The types of messages you receive depend on the services you use and the consent you have provided.

We do not send unsolicited marketing text messages. Marketing messages are only sent to users who have affirmatively opted in to receive them.

Section 10Opt-In & Consent

By providing your mobile phone number and opting in, you expressly consent to receive recurring automated SMS/text messages from BookNexa AI. Consent is obtained through one or more of the following methods:

• Completing a web form on our website and checking the SMS consent checkbox
• Texting a keyword (such as "START" or "JOIN") to our designated phone number
• Providing verbal consent during a phone call or in-person interaction
• Opting in through our AI Concierge App or GoHighLevel-powered forms
• Completing a paper or digital sign-up form at a point of service

Section 11Opt-Out & Cancellation Instructions

We honor the following opt-out keywords: STOP, UNSUBSCRIBE, CANCEL, END, QUIT.

After you opt out, you will receive one final confirmation message. No further messages will be sent unless you choose to opt back in.

Section 12Message Frequency & Data Rates

The number of messages you receive depends on your account activity, appointment schedules, and the services you have opted in to. You may receive recurring messages. Message frequency may vary based on the type and frequency of your interactions with BookNexa AI and the businesses using our platform.

Section 13Help & Customer Support

Our customer support team is available to assist you with any questions, concerns, or issues related to our SMS messaging program or any of our Services.

Section 14SMS Privacy & Data Protection

We are committed to protecting the privacy of your personal information. The following principles govern our handling of SMS-related data:

• We do not sell, rent, or trade your personal information, including your mobile phone number, to any third party.
• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
• Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services solely for the purpose of delivering messages you have consented to receive.
• We may share limited information with our SMS service providers and aggregators solely for the purpose of transmitting and delivering text messages. These providers are contractually obligated to protect your information.
• We maintain records of your opt-in consent, including timestamps, the method of opt-in, and the exact language presented at the time of consent.
• We maintain records of all opt-out requests and promptly honor them.
• We implement appropriate technical and organizational security measures to protect your personal data.

For complete details on how we collect, use, and protect your personal information, please refer to our Privacy Policy.

Section 15Supported Carriers & Carrier Liability

Our SMS messaging services work with all major U.S. wireless carriers, including but not limited to: AT&T, T-Mobile, Verizon, U.S. Cellular, Cricket Wireless, MetroPCS, Boost Mobile, Mint Mobile, and other participating carriers.

Carriers are not liable for delayed or undelivered messages. BookNexa AI is not responsible for messages that are delayed or fail to be delivered due to circumstances beyond our control, including carrier network issues, device incompatibility, or changes in your wireless service.

Section 16Call Recording & Data

Our Services may record calls for quality assurance, training, and transcription purposes. You acknowledge that you are responsible for complying with all applicable call recording laws, and that some jurisdictions require all-party consent.

Two-Party Consent States

The following states require all parties to consent to call recording: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. If you operate in or receive calls from these states, your AI must include a recording disclosure.

Call recordings, transcriptions, and related data are processed and stored as described in our Privacy Policy. You retain ownership of your call data, subject to our license to process it for providing the Services.

Section 17HIPAA Compliance

BookNexa AI supports healthcare-related businesses subject to HIPAA. If you or your organization is a Covered Entity or Business Associate and will transmit Protected Health Information (PHI) through our Services, you must notify BookNexa AI prior to use so a Business Associate Agreement (BAA) can be executed.

You are solely responsible for determining your HIPAA obligations and ensuring compliance. To request a BAA, contact support@booknexaai.com.

Section 18Intellectual Property

All content, software, technology, designs, trademarks, logos, and materials associated with BookNexa AI are our intellectual property or that of our licensors, protected by applicable copyright, trademark, and IP laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

You retain ownership of content you provide. By providing content, you grant us a worldwide, non-exclusive, royalty-free license to use it as necessary to provide the Services. Feedback or suggestions you submit may be used without obligation to you.

Section 19Disclaimers & Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AI technology has inherent limitations. Our AI assistants may occasionally misunderstand requests, provide imperfect responses, or experience technical difficulties. The Services are not intended as legal, medical, financial, or other professional advice.

IN NO EVENT SHALL BOOKNEXA AI'S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Section 20Indemnification

You agree to defend, indemnify, and hold harmless BookNexa AI and its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law, including TCPA, CTIA, or carrier requirements; (d) your violation of third-party rights; (e) messages sent through your account; or (f) your interactions with your customers or callers.

Section 21Dispute Resolution & Governing Law

Before filing any formal dispute, you agree to contact us at support@booknexaai.com to attempt resolution informally within 30 days.

If we cannot resolve a dispute informally, you and BookNexa AI agree to resolve disputes through binding arbitration rather than in court, except for claims that qualify for small claims court. You may opt out of arbitration by sending written notice to support@booknexaai.com within 30 days of first accepting these Terms.

CLASS ACTION WAIVER: YOU AND BOOKNEXA AI AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

These Terms are governed by the laws of the State of Hawaii, without regard to conflict of law provisions. Any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Hawaii.

Section 22General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, Refund Policy, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BookNexa AI.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any right will not be considered a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign without restriction.
• Force Majeure: We are not liable for failures due to causes beyond our reasonable control.
• Changes: We may modify these Terms at any time. Material changes will be posted with an updated "Last Updated" date. Continued use constitutes acceptance.

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Section 23Contact Information

Section 24Privacy Policy

Our Privacy Policy explains how we collect, use, store, and protect your personal information, including information gathered through our SMS messaging program. The Privacy Policy is incorporated into these Terms by reference.

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