1. Acceptance of Terms

These Terms of Service (“Terms”) form a binding legal agreement between you (“you,” “User,” or “Customer”) and Business Moguls, a Georgia limited liability company (“Business Moguls,” “we,” “us,” or “our”), governing your access to and use of the Business Moguls website, customer relationship management (CRM) platform, and all related calling, texting/SMS, email, calendar, social media posting, and artificial intelligence features (collectively, the “Service”).

By creating an account, clicking “I Agree,” or otherwise accessing or using the Service, you affirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein (collectively, the “Agreement”). If you do not agree, do not access or use the Service.

If you are entering this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” refers to that entity.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use and is not directed at consumers acting for personal, family, or household purposes. By using the Service, you represent that you are using it for business purposes.

3. Description of Service

Business Moguls provides a cloud-based CRM platform that may include some or all of the following features, as made available to your specific plan:

Contact and pipeline management — storing, organizing, and managing leads and customer records you upload or import (“Customer Data”).

Calling and SMS/text messaging tools — placing outbound calls and sending text messages to contacts you upload, including click-to-call, call recording, and automated/templated text messaging.

Email marketing and transactional email tools — sending bulk, automated, or one-to-one emails to contacts you upload.

Calendar and scheduling tools — creating booking pages, sending calendar invitations, and syncing with third-party calendar providers.

Social media posting tools — drafting, scheduling, and publishing content to third-party social media platforms you connect to your account.

Artificial intelligence features (“AI Features”) — AI- generated call scripts, email drafts, social media content, chatbot/voice-agent responses, lead scoring, or similar generative or predictive tools.

We may add, modify, or discontinue features at any time. Not all features are available on all plans or in all jurisdictions.

4. Accounts and Registration

4.1 Account Creation. You must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

4.2 Authorized Users. If you permit employees, contractors, or other individuals to access your account (“Authorized Users”), you are responsible for their compliance with this Agreement, and their acts and omissions are treated as your own.

4.3 Accurate Information. You agree to promptly update your account information to keep it accurate.

5. Fees, Billing, and Auto-Renewal

5.1 Subscription Plans. The Service is offered on paid subscription plans as described at https://www.businessmoguls.com.

Some features (calling minutes, SMS/text sends, email sends, AI credits) may be subject to additional usage-based fees disclosed at checkout or in your account dashboard.

5.2 Automatic Renewal (Negative Option). YOUR SUBSCRIPTION AUTOMATICALLY RENEWS at the end of each billing period (monthly or annually, as selected) unless you cancel before the renewal date. By subscribing, you affirmatively consent to this automatic renewal. Before you first agree to a recurring charge, we will clearly and conspicuously disclose: the fact that the subscription will continue until cancelled, the length of the renewal term, the price you will be charged and when, and how to cancel. This disclosure will not be buried in other terms.

5.3 Cancellation. You may cancel your subscription at any time through your account dashboard using a method at least as easy as the method you used to sign up, consistent with FTC requirements for negative-option billing. Cancellation takes effect at the end of the then-current billing period; we do not provide partial-period refunds except as required by law or as set out in Section 5.5.

5.4 Price Changes. We will provide at least [30] days’ advance notice of any price increase before it applies to your next renewal. Continued use after the effective date of a price change constitutes acceptance.

5.5 Refunds. Except as required by applicable law, all fees are non-refundable. 7 day Trial Period

5.6 Failed Payments. If a payment fails, we may suspend or downgrade your account after providing reasonable notice.

5.7 Taxes. Fees are exclusive of applicable taxes, which you are responsible for unless we are required to collect them.

6. Your Responsibility for Communications Compliance (TCPA / CAN-SPAM / State Law) This section is critical. Business Moguls provides tools; you are solely responsible for how you use them.

6.1 Consent Is Your Responsibility. Before uploading any contact into the Service or using the Service to call, text, or email any person, you represent and warrant that you have obtained all consents required by applicable law, including but not limited to:

- The Telephone Consumer Protection Act (TCPA) and its implementing regulations, including prior express written consent for autodialed or rerecorded calls/texts and marketing texts to wireless numbers;

- The CAN-SPAM Act and FTC regulations governing commercial email;

- The Telemarketing Sales Rule (TSR), including the National Do Not Call Registry and applicable state do-not-call lists;

- Any state-specific mini-TCPA, call-recording (two-party consent), or telemarketing statutes applicable to the jurisdictions in which your contacts reside; and

- CTIA and mobile carrier messaging guidelines applicable to A2P 10DLC and SMS campaigns.

6.2 Prohibited Uses. You will not use the Service to:

- Send unsolicited commercial messages to any person who has not provided the required consent;

- Call or text any number on the National Do Not Call Registry or an internal do-not-call list, or that has revoked consent;

- Falsify sender information, caller ID, or email headers, or otherwise disguise the origin of a message;

- Send commercial email that lacks a functioning unsubscribe mechanism, accurate header/subject information, or your valid physical postal address, as required by CAN-SPAM;

- Engage in “spoofing” or robocalling in violation of the Truth in Caller ID Act; or Use call recording features without obtaining any consent required by the law of the jurisdiction(s) where the parties to the call are located.

6.3 Opt-Out Handling. You must honor opt-out and unsubscribe requests (e.g., “STOP” texts, email unsubscribe links) promptly and in accordance with applicable law. The Service provides tools to help manage suppression lists, but you are responsible for using them correctly.

6.4 Indemnification for Communications Misuse. You agree to indemnify Business Moguls for any claims, fines, or penalties (including under the TCPA, which carries statutory damages of $500–$1,500 per violation) arising from your failure to obtain proper consent or otherwise misusing the calling, texting, or email features. See Section 14.

6.5 Our Compliance Tools Are Not Legal Advice. Any consent- capture forms, suppression-list tools, or compliance checklists we provide are conveniences only and do not constitute legal advice or a guarantee of compliance. You should consult your own counsel.

7. Social Media Posting Features

7.1 Third-Party Platforms. Social media posting features allow you to connect accounts on third-party platforms (e.g., Meta/Facebook/Instagram, X, LinkedIn, TikTok, Google Business Profile). Your use of those platforms through our Service is also governed by each platform’s own terms of service and developer policies, which you are responsible for complying with.

7.2 Authorization. By connecting a third-party account, you authorize Business Moguls to access and post to that account via the platform’s API on your instruction. You represent that you have the right to grant this authorization (e.g., if posting on behalf of a business page).

7.3 Content Responsibility. You are solely responsible for content posted through the Service, including compliance with each platform’s community guidelines, advertising policies, and applicable law (including FTC endorsement and advertising disclosure rules described in Section 9).

7.4 Platform Changes. Third-party platforms may change their APIs or terms at any time, which may affect or disable posting functionality without notice. We are not liable for such changes.

8. Artificial Intelligence Features

8.1 AI-Generated Content Is a Draft, Not Final Output. AI Features (including AI-drafted emails, call scripts, chat/voice-agent responses, and social posts) use machine-learning models that can produce inaccurate, incomplete, biased, or fabricated content (“hallucinations”). You are responsible for reviewing and verifying all AI-generated content before sending, publishing, or otherwise relying on it, including for factual accuracy, appropriateness, and legal compliance.

8.2 No Deceptive Use of AI. Consistent with FTC guidance on AI and consumer protection, you agree not to use AI Features to:

- Impersonate a real natural person without disclosure, or create a false impression that a human, rather than an AI system, is communicating, where such impression would be material to the recipient;

- Generate deceptive claims about products, services, or “typical results,” including unsubstantiated income or earnings claims;

- Create fake reviews, fake testimonials, or fabricated social proof; or

- Generate content that infringes third-party intellectual property or violates any law.

8.3 Disclosure to End Recipients. Where applicable law or platform policy requires disclosure that a consumer is interacting with an AI system (e.g., an AI voice agent or chatbot), you are responsible for providing that disclosure.

8.4 Data Used for AI Features. “We may process the content you input into AI Features, including Customer Data, to generate outputs. We [do/do not] use your Customer Data to train underlying AI models shared across other customers. See our Privacy Policy for details.”

8.5 No Guarantee of Accuracy. AI Features are provided “as is.” We disclaim any warranty that AI-generated output will be accurate, complete, non-infringing, or suitable for any particular purpose.

9. No Earnings or Income Guarantees

Business Moguls is a software tool. We do not guarantee any income, sales, lead volume, or business results from using the Service.

Any case studies, testimonials, or examples referenced in our marketing reflect individual results that are not typical and are not a guarantee of your results. Testimonials and endorsements displayed on our site comply with the FTC Guides Concerning the Use of Endorsements and Testimonials, meaning any material connection between BusinessMoguls and an endorser(e.g., payment, free access) is disclosed, and testimonials reflect honest opinions and experiences.

10. Customer Data; Data Ownership and License

10.1 Ownership. As between you and Business Moguls, you retain all ownership rights in the contact lists, content, and other data you upload to the Service (“Customer Data”).

10.2 License to Us. You grant Business Moguls a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Customer Data solely as necessary to provide the Service to you (including generating AI outputs as described in Section 8.4).

10.3 Data Security. We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. No system is completely secure, and we cannot guarantee absolute security.

10.4 Your Data Obligations. You represent that you have the legal right to collect, upload, and process the Customer Data you input into the Service, including under applicable privacy laws (e.g., CCPA/CPRA, state privacy laws, or GDPR if applicable to your contacts).

10.5 Data Deletion. Upon termination of your account, we will delete or anonymize your Customer Data within [90] days, except as required for legal, tax, or backup purposes, or as described in our Privacy Policy.

11. Intellectual Property

11.1 Our IP. The Service, including its software, design, trademarks, and underlying technology, is owned by Business Moguls or its licensors and is protected by intellectual property laws. Nothing in this Agreement transfers ownership of the Service to you.

11.2 License to Use the Service. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, evocable license to access and use the Service for your internal business purposes.

11.3 Feedback. If you provide suggestions or feedback about the Service, we may use it without restriction or obligation to you.

11.4 AI Output Ownership. As between you and Business Moguls, you own the output you generate using AI Features, subject to Section 8 and subject to the fact that similar or identical outputs may be generated for other users given the probabilistic nature of AI systems.

12. Acceptable Use

In addition to Section 6’s communications-specific rules, you agree

not to:

- Use the Service for any unlawful purpose or in violation of any applicable local, state, federal, or international law;

- Upload malicious code, attempt to gain unauthorized access to the Service, or interfere with its operation;

- Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;

- Resell, sublicense, or white-label the Service without our prior written consent;

- Use the Service to harass, defraud, or deceive any third party; or

- Scrape, harvest, or misuse data belonging to other users.

We reserve the right to suspend or terminate accounts that violate this section, with or without notice, at our discretion.

13. Third-Party Services and Integrations The Service may integrate with third-party services (calendar providers, social media platforms, telephony carriers, payment processors, email delivery services). We do not control and are not responsible for third-party services, their availability, or their own terms and privacy practices. Your use of integrated third-party services is at your own risk and subject to their respective terms.

14. Disclaimers of Warranties

THE SERVICE, INCLUDING ALL AI FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BUSINESSMOGULS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR

BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE

HUNDRED DOLLARS ($100).

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless Business Moguls and its officers, directors, employees, and agents from and against

any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your use of the Service;

(b) your Customer Data;

(c) your violation of this Agreement;

(d) your violation of any law, including the TCPA, CAN-SPAM, TSR, or any state telemarketing, texting, or privacy law; or

(e) your infringement of any third-party right.

17. Term and Termination

17.1 Term. This Agreement remains in effect while you maintain an account.

17.2 Termination by You. You may terminate by cancelling your subscription per Section 5.3.

17.3 Termination by Us. We may suspend or terminate your account for violation of this Agreement, non-payment, or as required by law, with notice where reasonably practicable. We may also terminate the Service generally with [30] days’ notice.

17.4 Effect of Termination. Upon termination, your right to access the Service ceases. Sections that by their nature should survive (including Sections 6, 8, 9–11, 14–16, 19) survive termination.

18. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice (e.g., by email or in-app notification) at least [14] days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.

19. Dispute Resolution; Arbitration Agreement

19.1 Informal Resolution. Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally for at least 30 days.

19.2 Binding Arbitration. Except for claims that qualify for small-claims court or claims for injunctive relief regarding misuse of intellectual property, any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by [AAA/JAMS] under its applicable rules, conducted in Atlanta, Georgia, by a single arbitrator.

19.3 Class Action Waiver. You and Business Moguls agree that any proceedings will be conducted only on an individual basis and not in

a class, consolidated, or representative action.

19.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to [LEGAL EMAIL/ADDRESS] within 30 days of first accepting these Terms.

20. Governing Law

This Agreement is governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles, except where the Federal Arbitration Act governs Section 19.

21. Miscellaneous

21.1 Entire Agreement. This Agreement, together with our Privacy Policy and any order forms, constitutes the entire agreement between you and Business Moguls regarding the Service.

21.2 Severability. If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

21.4 Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.

21.5 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

21.6 Notices. We may provide notice to you via the email address on your account or through in-app notifications.

22. Contact Information

Business Moguls 3343 Peachtree Road NE Suite 145 Atlanta, GA

30326 [email protected]