Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between Bianca Lincks Business LLC, doing business as LINCKS.AI ("LINCKS.AI," "we," "us," or "our"), and the person or entity accessing or using the Services ("Customer," "you," or "your"). These Terms govern access to the LINCKS.AI software platform, applications, websites, CRM, automation, communications, artificial intelligence features, implementation, consulting, training, mentorship, and related products or services (collectively, the "Services").

By creating an account, signing an order form, accepting a proposal, purchasing a subscription, or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.

2. Orders and priority of documents

Specific Services, fees, subscription periods, usage limits, implementation scope, and additional terms may be described in an online checkout, order form, proposal, statement of work, or service agreement (each, an "Order"). If there is a conflict, the following order of priority applies unless an Order expressly states otherwise: (1) a signed Order or service agreement; (2) an applicable Data Processing Addendum; (3) these Terms; and (4) referenced policies or documentation.

3. Eligibility and accounts

You must be at least 18 years old and legally capable of entering a contract. You must provide accurate information, maintain authorized users, protect credentials, use reasonable security controls, and promptly notify us of suspected unauthorized access. You are responsible for all activity under your account and for the acts and omissions of your users.

4. License and access rights

Subject to payment and compliance with these Terms, LINCKS.AI grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Services for Customer's internal business purposes. Access is limited to authorized users, locations, features, and usage levels in the applicable Order.

The Services are licensed, not sold. No ownership rights are transferred to Customer except for Customer Data and Customer materials as stated below.

5. Acceptable use

You will not, and will not permit others to:

• Use the Services unlawfully, fraudulently, deceptively, abusively, or in a manner that infringes another person's rights.
• Send spam, unlawful telemarketing, phishing, malware, prohibited content, or communications without legally sufficient consent.
• Upload unlawfully obtained lists, scraped personal information, purchased contacts without appropriate rights, or data you are not authorized to process.
• Attempt to gain unauthorized access, bypass security, probe vulnerabilities, disrupt infrastructure, or interfere with other users.
• Reverse engineer, copy, resell, sublicense, frame, mirror, or create derivative works from the Services except as expressly permitted in writing.
• Use the Services to discriminate unlawfully or make fully automated high-impact decisions about housing, employment, credit, insurance, legal services, health, or other protected interests without appropriate review and legal authority.
• Use content or data from the Services to train competing models or products, benchmark the Services publicly without authorization, or misrepresent AI-generated content as verified fact.
• Exceed usage limits or use automated means that impose unreasonable load or circumvent billing.

We may investigate suspected violations and suspend or restrict access when reasonably necessary to protect the Services, users, recipients, or third parties.

6. Communications compliance

Customer is the sender and initiator of communications sent through its account. Customer is solely responsible for contact acquisition, consent, proof of consent, calling and texting hours, sender identification, campaign content, registration requirements, suppression lists, opt-out processing, and compliance with the CAN-SPAM Act, Telephone Consumer Protection Act, state telemarketing and privacy laws, carrier rules, and other applicable requirements.

Customer must honor opt-outs promptly, maintain accurate suppression records, and must not disable or evade required unsubscribe or STOP mechanisms. LINCKS.AI may apply technical or policy restrictions, registration requirements, message limits, or account suspension to protect deliverability and compliance. Delivery is not guaranteed and may be affected by carriers, mailbox providers, recipients, content, reputation, authentication, and third-party systems.

7. Customer Data

"Customer Data" means information, content, records, files, contacts, messages, prompts, configurations, and other materials submitted to or processed through the Services by or for Customer. As between the parties, Customer retains its rights in Customer Data. Customer grants LINCKS.AI and its service providers a limited right to host, copy, transmit, display, modify, and process Customer Data only as necessary to provide, secure, support, and improve the Services, comply with law, and enforce these Terms.

Customer represents that it has all rights, notices, consents, and lawful bases necessary for LINCKS.AI to process Customer Data. Customer is responsible for data accuracy, backups, exports, retention decisions, access permissions, and responding to individuals' requests. Customer will not submit data subject to special legal or security requirements unless expressly agreed in writing.

8. Privacy and data processing

Our Privacy Policy describes how LINCKS.AI handles personal information when acting for its own purposes. When LINCKS.AI processes personal information on Customer's behalf, the parties may enter a Data Processing Addendum where required. Customer remains responsible for its own privacy notices, consent mechanisms, records of processing, and legal compliance.

9. Artificial intelligence

The Services may provide AI-generated drafts, summaries, classifications, recommendations, analyses, or automated actions. AI outputs may be inaccurate, incomplete, outdated, biased, or unsuitable. Customer must independently review outputs and maintain appropriate human oversight. AI features do not provide legal, financial, tax, medical, brokerage, appraisal, fair-housing, or other licensed professional advice.

Customer must not rely on AI as the sole basis for decisions that materially affect an individual's housing, credit, employment, insurance, legal rights, or access to essential services. Customer is responsible for prompts, inputs, outputs, disclosures, permissions, and final use. We do not guarantee that AI output is unique, non-infringing, or eligible for intellectual-property protection.

10. Third-party services

The Services may depend on or integrate with third-party services, including hosting, CRM infrastructure, communications, email, telephony, payment processing, authentication, social media, advertising, calendars, data providers, and AI models. Third-party services are governed by their own terms and may change, suspend, limit, or discontinue functionality. LINCKS.AI is not responsible for third-party acts, outages, data practices, fees, or changes. Customer authorizes data exchange with integrations it enables.

11. Implementation, consulting, training, and mentorship

Professional services may include discovery, strategy, configuration, migration assistance, workflow design, consulting, implementation, training, and mentorship. Scope, assumptions, deliverables, hours, timelines, dependencies, and fees will be stated in an Order. Customer will provide timely access, decisions, content, credentials, approvals, and personnel reasonably required for delivery.

Unless expressly included, professional services do not include legal review, regulatory compliance certification, custom software development, third-party fees, advertising spend, data cleansing, content production, or guaranteed business results. Delays caused by Customer or third parties may affect timelines and may require a change order.

12. Fees, billing, taxes, and renewal

Customer will pay all fees and applicable taxes stated in the Order. Unless the Order states otherwise, subscription fees are billed in advance, are non-cancelable during the committed term, and are non-refundable except where required by law. Usage-based, communication, phone, email, AI, domain, application, integration, or third-party charges may be billed separately.

Subscriptions automatically renew for successive periods equal to the initial subscription period unless either party gives the notice required in the Order before renewal. We may change fees for a future renewal period by providing advance notice. Customer authorizes recurring charges to its payment method and must maintain current billing information. Overdue amounts may result in late charges, collection costs, suspension, or termination to the extent permitted by law.

13. Intellectual property

LINCKS.AI and its licensors retain all rights in the Services, software, platform configuration, designs, documentation, processes, templates, training materials, methodologies, brands, and improvements, including the LINCKS.AI name and Lincks Method™. Customer may use deliverables only as stated in the applicable Order. General knowledge, skills, ideas, and techniques retained in unaided memory are not restricted, provided confidential information is not disclosed.

Customer retains ownership of its trademarks and materials. Customer grants us permission to use them only to provide the Services. We may use feedback without restriction or obligation, provided we do not identify Customer publicly without permission.

14. Confidentiality

Each party may receive nonpublic information that should reasonably be understood as confidential. The receiving party will use confidential information only to perform or receive the Services, protect it using reasonable care, and disclose it only to personnel and providers with a need to know and appropriate obligations. Confidentiality does not apply to information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. Legally compelled disclosure is permitted with notice when lawful.

15. Service changes, availability, and beta features

We may improve, modify, replace, or discontinue features. We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. Maintenance, emergencies, security events, internet conditions, third-party failures, and force majeure may affect availability. Beta, experimental, or preview features are provided as-is, may change without notice, and may have additional risks or limitations.

16. Warranties and disclaimers

Each party represents that it has authority to enter this agreement. EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINCKS.AI DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee leads, sales, revenue, rankings, deliverability, appointments, conversions, closings, regulatory compliance, data recovery, or any particular business outcome. Customer is responsible for business decisions and results.

17. Indemnification

Customer will defend, indemnify, and hold harmless LINCKS.AI, its affiliates, officers, employees, contractors, and providers from claims, damages, fines, penalties, losses, and reasonable legal fees arising from Customer Data, Customer's communications or campaigns, breach of these Terms, violation of law or third-party rights, or misuse of the Services. LINCKS.AI will provide reasonable notice and cooperation, and Customer may control the defense, subject to our right to participate and approve settlements that impose liability or obligations on us.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINCKS.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO LINCKS.AI FOR THE AFFECTED SERVICES DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply where prohibited by law and may be modified by a signed Order.

19. Term, suspension, and termination

These Terms begin when you first accept them or use the Services and continue while any Order or account remains active. Either party may terminate for material breach if the breach is not cured within 10 days after written notice, unless the breach is not curable. We may suspend access immediately for nonpayment, security risk, unlawful activity, platform abuse, communications violations, third-party requirements, or risk to the Services or others.

Upon termination, Customer must stop using the Services and pay accrued amounts. Subject to account status, technical capability, and legal restrictions, Customer may request an export of Customer Data before termination or within any export period stated in the Order. We may delete Customer Data after the applicable retention period. Provisions that by nature should survive will survive, including payment, intellectual property, confidentiality, disclaimers, indemnity, limitations, and dispute terms.

20. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Unless a signed Order provides otherwise, the state and federal courts located in Orange County, Florida will have exclusive jurisdiction, and each party consents to venue and personal jurisdiction there. Before filing a claim, the parties will attempt in good faith for at least 30 days to resolve the dispute through written notice and business discussion.

21. General terms

Neither party may assign these Terms without the other party's consent, except that LINCKS.AI may assign them in connection with a merger, reorganization, financing, sale of assets, or affiliate transaction. Customer may not resell the Services unless expressly authorized. The parties are independent contractors. No third party is a beneficiary. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. Electronic notices and signatures are valid. These Terms and applicable Orders are the entire agreement concerning their subject matter.

22. Changes to these Terms

We may update these Terms from time to time. Updated Terms will be posted with a revised effective date. Material changes may be communicated through the Services or by email. Changes apply prospectively, and continued use after the effective date constitutes acceptance to the extent permitted by law. Changes to a committed Order require agreement if the Order expressly provides so.

23. Contact

Bianca Lincks Business LLC d/b/a LINCKS.AI
Website: https://lincks.ai
Email: info@lincks.ai
Location: Orlando, Florida, United States