TERMS OF SERVICE
NoBrainer AI
Effective Date: August 4, 2026
Last Updated: August 4, 2026
Business Location: San Rafael, California, United States
1. ACCEPTANCE OF TERMS
By accessing or using any service, product, AI agent, software platform, or automated system provided by NoBrainer AI ("Company," "we," "us," or "our"), you ("Client," "User," or "you") agree to be legally bound by these Terms of Service ("Terms"). This agreement is effective upon your first use of our services, completion of an onboarding form, or payment of any subscription or service fee — whichever occurs first.
If you do not agree to these Terms, do not use our services.
2. DESCRIPTION OF SERVICES
NoBrainer AI provides artificial intelligence-powered business automation services, including but not limited to:
AI Voice Receptionist Agents — automated phone answering, lead qualification, and live appointment booking
AI Chatbot & Messaging Agents — web chat, SMS, and social media DM automation
CRM & Contact Management — automated contact creation, tagging, and pipeline management
Email & SMS Automation — appointment confirmations, reminders, follow-up sequences
SaaS Platform Access — sub-account management and white-label CRM services
Client Onboarding Automation — form processing, payment handling, and account setup workflows
Services are provided on a subscription basis and subject to the plan selected at checkout.
3. ELIGIBILITY
You must be at least 18 years of age and have the legal authority to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements. If you are using our services on behalf of a business, you represent that you are authorized to bind that business to these Terms.
4. SUBSCRIPTION PLANS & BILLING
4.1 Subscription Terms
NoBrainer AI services are offered on a recurring subscription basis (monthly or annual). Your subscription begins upon payment confirmation and renews automatically at the end of each billing period unless cancelled.
4.2 Automatic Renewal
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW. You authorize NoBrainer AI to charge your payment method on file at the start of each new billing period at the then-current subscription rate. You will receive advance notice of any price changes.
4.3 Payment Processing
All payments are processed securely through Stripe. By completing checkout, you agree to Stripe's Terms of Service in addition to these Terms. NoBrainer AI does not store your full credit card information.
4.4 Failed Payments
If a payment fails, we will attempt to retry the charge. If payment is not received within 7 days of the due date, your account may be suspended. If payment is not received within 30 days, your account may be permanently terminated and your data may be deleted.
4.5 Price Changes
We reserve the right to change subscription pricing with 30 days advance written notice via email. Continued use of services after the effective date constitutes acceptance of the new pricing.
5. REFUND & CANCELLATION POLICY
5.1 Cancellation
You may cancel your subscription at any time through your account dashboard or by contacting us at [[email protected]]. Cancellation takes effect at the end of the current billing period. You will retain access to services through the end of the paid period.
5.2 Refunds
All subscription fees are non-refundable, including partial-month usage. We do not offer prorated refunds for unused time. Exceptions may be made at our sole discretion for documented technical failures caused entirely by NoBrainer AI.
5.3 Onboarding & Setup Fees
One-time onboarding or setup fees are non-refundable once setup has commenced.
6. AI SERVICES — SPECIFIC TERMS & DISCLAIMERS
6.1 Nature of AI Services
Our AI agents are powered by machine learning models and large language models. You acknowledge and agree that:
AI outputs are probabilistic and not guaranteed to be accurate, complete, or error-free
AI agents may occasionally produce incorrect, incomplete, or unexpected responses
AI voice and chat agents operate based on configured prompts and may not handle every situation appropriately
AI-generated content should not be relied upon as professional legal, medical, financial, or regulatory advice
6.2 Human Oversight Requirement
You are solely responsible for reviewing, verifying, and approving any AI-generated content, bookings, communications, or decisions before acting on them. NoBrainer AI strongly recommends maintaining human oversight of all AI agent interactions, particularly for client-facing communications and appointment scheduling.
6.3 AI Voice Call Disclosure (California Law)
In compliance with California law and applicable telecommunications regulations, all AI voice agents deployed by NoBrainer AI are required to disclose that the caller is speaking with an automated AI system upon request. Client agrees not to configure AI agents in a way that deceives callers into believing they are speaking with a human when they are not.
6.4 Appointment Booking Accuracy
NoBrainer AI's AI agents are designed to facilitate appointment booking in real time. However, we do not guarantee the accuracy of bookings made by AI agents. Client assumes full responsibility for confirming, managing, and honoring appointments scheduled through our systems.
6.5 AI Training & Model Dependency
Our AI services depend on third-party AI model providers. Service performance, availability, and capability may be affected by upstream changes, outages, or policy updates made by those providers. NoBrainer AI is not liable for service degradation caused by third-party AI provider changes.
7. COMMUNICATIONS & MESSAGING COMPLIANCE
7.1 SMS & Text Messaging (TCPA Compliance)
By using our SMS automation services, you agree that:
You have obtained prior express written consent from all recipients before sending marketing or promotional text messages
You will maintain and honor all opt-out requests (e.g., STOP replies) immediately
You will not use our platform to send unsolicited text messages in violation of the Telephone Consumer Protection Act (TCPA) or any applicable state law
7.2 Email Communications (CAN-SPAM Compliance)
All email campaigns sent through our platform must comply with the CAN-SPAM Act, including:
Clear sender identification
Accurate subject lines
A functioning unsubscribe mechanism
Your valid physical mailing address
7.3 A2P 10DLC Registration
For SMS campaigns, you agree to complete all required A2P 10DLC brand and campaign registration through our platform as required by mobile carriers. NoBrainer AI is not responsible for message delivery failures resulting from your failure to complete required registrations.
7.4 Client Responsibility
You are solely responsible for compliance with all applicable communications laws for messages sent through our platform. NoBrainer AI provides the technology infrastructure; you bear full legal responsibility for your messaging content and recipient consent.
8. ACCEPTABLE USE POLICY
You agree NOT to use NoBrainer AI services to:
Transmit spam, unsolicited messages, or deceptive communications
Impersonate any person, business, or entity fraudulently
Violate any local, state, federal, or international law or regulation
Collect or harvest personal data without proper consent
Interfere with, disrupt, or attempt to gain unauthorized access to our systems
Use AI agents to harass, threaten, or discriminate against individuals
Engage in deceptive trade practices or false advertising
Resell or sublicense our services without prior written authorization
Upload malicious code, viruses, or harmful content
Use our services for any illegal, fraudulent, or harmful purpose
Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.
9. DATA, PRIVACY & SECURITY
9.1 Privacy Policy
Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
9.2 Client Data Ownership
You retain full ownership of all client data you submit to or store within the NoBrainer AI platform, including contact information, conversation histories, and business data.
9.3 Data Processing
By using our services, you grant NoBrainer AI a limited, non-exclusive license to process your data solely for the purpose of delivering the services you have subscribed to.
9.4 CCPA Compliance (California)
In accordance with the California Consumer Privacy Act (CCPA), California residents have the right to know what personal data we collect, request deletion of their data, and opt out of the sale of personal information. NoBrainer AI does not sell personal data. For data requests, contact us at [[email protected]].
9.5 Data Security
We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.
9.6 Data Retention
Upon account termination, your data may be retained for up to 90 days for backup and legal compliance purposes, after which it may be permanently deleted.
10. INTELLECTUAL PROPERTY
10.1 Our Property
All technology, software, AI models, platform interfaces, workflows, branding, and content created by NoBrainer AI are our exclusive intellectual property. Nothing in these Terms transfers any ownership rights to you.
10.2 Your Content
You retain ownership of all original content you create using our platform. You grant us a limited license to use your content solely to provide the services.
10.3 AI-Generated Outputs
Content generated by our AI agents on your behalf belongs to you, subject to any limitations imposed by underlying AI model providers. NoBrainer AI makes no warranty regarding the intellectual property status of AI-generated content.
10.4 Feedback
Any feedback, suggestions, or ideas you provide to NoBrainer AI may be used by us freely without compensation or obligation to you.
11. SUBACCOUNTS & WHITE-LABEL SERVICES
If you subscribe to a plan that includes sub-account or white-label capabilities, the following additional terms apply:
You are responsible for ensuring that your clients comply with all applicable laws and these Terms
You must provide your own clients with adequate Terms of Service and Privacy Policies
You may not represent NoBrainer AI's technology as entirely your own proprietary creation when required by law to disclose third-party software use
NoBrainer AI is not responsible for disputes between you and your clients
Sub-account clients do not have a direct contractual relationship with NoBrainer AI
12. THIRD-PARTY INTEGRATIONS
Our platform integrates with third-party services (e.g., Stripe, Google, telephony providers, AI model providers, social media platforms). Your use of those integrations is also governed by those third parties' terms of service. NoBrainer AI is not responsible for the availability, accuracy, or actions of any third-party service.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
NoBrainer AI's total cumulative liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees you paid in the 3 months preceding the claim
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruption, or reputational harm
We are not liable for damages arising from AI agent errors, miscommunications, missed appointments, or inaccurate AI outputs
We are not liable for service outages caused by third-party providers, internet infrastructure, or force majeure events
Some jurisdictions do not allow certain liability limitations; in such cases, our liability is limited to the fullest extent permitted by law.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NoBrainer AI, its officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:
Your use or misuse of our services
Your violation of these Terms
Your violation of any law or third-party rights
Content you transmit through our platform
Your clients' use of sub-accounts or AI services you provide them
15. DISCLAIMER OF WARRANTIES
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE.
WE DO NOT WARRANT THAT OUR AI AGENTS WILL BE ERROR-FREE, THAT SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, OR THAT ANY PARTICULAR BUSINESS OUTCOME WILL BE ACHIEVED.
16. TERMINATION
16.1 Termination by You
You may terminate your account at any time by cancelling your subscription per Section 5.
16.2 Termination by Us
We reserve the right to suspend or terminate your account immediately and without refund if you:
Violate these Terms or our Acceptable Use Policy
Fail to pay subscription fees
Engage in fraudulent, abusive, or illegal activity
Pose a risk to other users or our platform
16.3 Effect of Termination
Upon termination, your access to our services will cease. Sections 9, 10, 13, 14, 15, 17, 18, and 19 survive termination.
17. DISPUTE RESOLUTION & ARBITRATION
17.1 Informal Resolution
Before initiating any formal dispute, you agree to contact NoBrainer AI at [[email protected]] and attempt to resolve the dispute informally for a period of 30 days.
17.2 Binding Arbitration
If informal resolution fails, all disputes shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA) in Marin County, California. The arbitrator's decision is final and binding.
17.3 Class Action Waiver
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION against NoBrainer AI.
17.4 Exception
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm.
18. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration clause above, you consent to exclusive jurisdiction in the courts of Marin County, California.
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and NoBrainer AI regarding our services and supersede all prior agreements.
19.2 Changes to Terms
We may update these Terms at any time. We will notify you via email at least 14 days before material changes take effect. Continued use of services after the effective date constitutes acceptance.
19.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
19.4 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of our rights.
19.5 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
19.6 Force Majeure
NoBrainer AI is not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, government actions, internet outages, or AI provider disruptions.
20. CONTACT INFORMATION
For questions about these Terms of Service:
NoBrainer AI
San Rafael, California, United States
Legal: [[email protected]]
Support: [[email protected]]
Privacy: [[email protected]]
[www.nobrainerai.com]
By using NoBrainer AI services, clicking "I Agree," or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.