TERMS OF SERVICE

1. ACCEPTANCE AND AGREEMENT

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between Four10 Group Ltd trading as BayAssist ("Company", "we", "us", "our") and any person or entity subscribing to or using the BayAssist service ("Customer", "you", "your").

1.2 By accessing bayassist.co.uk, completing a subscription to the BayAssist service, or using any aspect of the BayAssist platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1.3 If you do not agree to these Terms, you must not use the BayAssist service or access bayassist.co.uk.

2. SERVICE DESCRIPTION

2.1 BayAssist is an artificial intelligence-powered telecommunications service designed to answer inbound telephone calls and manage customer bookings for automotive businesses, primarily MOT stations and repair workshops.

2.2 The service includes:

1. 24/7 automated call answering using AI voice technology
2. Automatic extraction of customer information and booking details from call content
3. Vehicle MOT history lookup via the DVSA public database
4. Automated SMS booking confirmations and reminders
5. A web-based customer portal for management of bookings, job sheets, and invoicing
6. Call recordings and transcripts available via the portal

3. CRITICAL LIMITATIONS AND DISCLAIMERS

3.1 No Guaranteed Outcomes The Company makes NO WARRANTY or GUARANTEE regarding:

1. Specific revenue increases, booking volumes, or business growth
2. Customer satisfaction levels or retention rates
3. Reduction of appointment no-shows (SMS reminders help but do not guarantee outcomes)
4. Any specific business, financial, or operational metrics or improvements

Results depend entirely on Customer's business model, market conditions, product quality, pricing, customer service, and how the BayAssist service is implemented. The service is a tool to assist Customer's business operations, not to replace them or guarantee any particular outcome.

3.2 Artificial Intelligence Disclaimer The BayAssist service uses artificial intelligence and automated speech recognition technology. Artificial intelligence systems are NOT perfect. The system may:

1. Mishear or misunderstand customer information, including telephone numbers, vehicle registration numbers, names, and addresses
2. Book appointments at incorrect times, incorrect dates, or for incorrect vehicle services
3. Provide incorrect or incomplete MOT history or vehicle advisory information
4. Misinterpret complex customer requests or fail to handle unusual scenarios appropriately
5. Generate transcripts containing errors or omissions from the actual call content
6. Make decisions or take actions that do not align with Customer's business practices or requirements

3.3 Customer Responsibility for Verification Customer acknowledges and accepts that:

1. Customer MUST review all bookings made by the system immediately upon receipt
2. All bookings appear in the Customer's portal in real-time and must be verified for accuracy
3. Customer receives SMS notifications for every new booking and must review these notifications
4. Customer remains wholly responsible for reviewing and correcting any errors before confirming appointments to end customers
5. Customer must not rely solely on the AI system without human verification
6. Customer must have staff actively monitoring the system and correcting errors promptly

Failure to review bookings and perform verification may result in incorrect appointments, customer no-shows, customer complaints, and financial loss to Customer. Such losses are the sole responsibility of Customer.

4. CALL RECORDING AND DISCLOSURE

4.1 All inbound calls to BayAssist-enabled telephone numbers are recorded in their entirety.

4.2 Callers are informed at the start of each call, via automated announcement, that the call is being recorded.

4.3 Customer is responsible for ensuring that all end customers are informed that calls are recorded. This is a legal requirement under UK telephone recording law. Failure to provide this disclosure may constitute a criminal offense.

4.4 Customer indemnifies the Company against all liability arising from Customer's failure to disclose to end customers that calls are recorded.

5. PRICING AND BILLING

5.1 Setup Fee: £797.00 (one-time, non-refundable). This fee covers initial configuration, testing, and go-live support.

5.2 Monthly Service Fee: £597.00 per calendar month, billed in advance on the go-live date and on the same date each month thereafter.

5.3 Payment Method: All payments must be made via Stripe (secure, PCI-compliant payment processing).

5.4 Invoicing: Invoices are issued monthly via email to the Customer's registered contact.

5.5 Price Changes: The Company may increase pricing with 30 days' written notice via email. Customer may cancel the service if Customer does not accept the new pricing.

6. TERM AND CANCELLATION

6.1 Term: The service operates on a month-to-month basis. There is no minimum contract term, lock-in period, or long-term commitment required.

6.2 Cancellation: Customer may cancel at any time by providing 30 days' written notice to dave@four10.agency.

6.3 Effect of Cancellation: Upon receipt of notice, the service continues to operate for the full 30-day notice period. The Customer must continue to pay the monthly fee during this period. At the end of the notice period, service access is terminated.

6.4 No Early Termination Fees or Penalties: There are no fees, penalties, or charges for early cancellation.

6.5 Data Transition: Customer data is exported and provided in standard format (CSV, iCal) within 30 days of service termination. Backup data is then securely deleted.

7. LIMITATION OF LIABILITY

7.1 LIMITATION OF TOTAL LIABILITY To the fullest extent permitted by applicable law, the Company's total cumulative liability to Customer arising out of or related to these Terms, the BayAssist service, or bayassist.co.uk is limited to the total fees paid by Customer to the Company in the 3 (three) calendar months immediately preceding the event giving rise to the claim. If no fees have been paid in the preceding 3 months, liability is limited to £0 (zero).

7.2 EXCLUSION OF CONSEQUENTIAL AND INDIRECT DAMAGES In no event shall the Company be liable for:

1. Loss of revenue or lost bookings
2. Lost profits, business opportunity, or anticipated savings
3. Loss of data or information (whether or not the Company maintained backups)
4. Indirect, incidental, consequential, special, or punitive damages
5. Errors, inaccuracies, or failures of the AI system, including incorrect bookings or misheard information
6. Missed calls due to telephone network issues, customer network issues, or system failures
7. Service interruptions, outages, or unavailability beyond the Company's reasonable control
8. Third-party service failures (including but not limited to Twilio, Cloudflare, Retell AI, DVSA)
9. Customer dissatisfaction, customer complaints, or end customer complaints about the AI system
10. Any damages arising from Customer's failure to review bookings, failure to disclose call recording, or failure to implement appropriate verification procedures

7.3 These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if the Company has been advised of the possibility of such damages.

8. SERVICE AVAILABILITY AND NO SERVICE LEVEL AGREEMENT

8.1 Reasonable Endeavours Basis: The Company provides the BayAssist service on a "reasonable endeavours" basis. The Company does NOT guarantee any specific uptime percentage, availability window, or Service Level Agreement (SLA).

8.2 No Uptime Guarantee: The Company targets high availability and reliability but makes no guarantee of specific uptime or performance metrics. The service may be interrupted or unavailable due to:

1. Planned maintenance (30-48 hours notice given where reasonably practicable)
2. Emergency security updates or critical fixes
3. Third-party provider outages (Twilio, Cloudflare, Retell AI) beyond the Company's control
4. Network failures, DDoS attacks, or other external factors

8.3 Emergency Support: While 24/7 technical support is not guaranteed, the Company will make commercially reasonable efforts to respond to critical issues during business hours and as practicable at other times.

9. DATA PROCESSING AND GDPR COMPLIANCE

9.1 Data processing is governed by a separate Data Processing Agreement (DPA) provided to Customer at the time of service setup. Customer must sign and retain this DPA for compliance purposes.

9.2 Customer is the Data Controller under UK GDPR for all personal data of end customers processed through the BayAssist service. The Company acts as Data Processor under Article 28 of UK GDPR.

9.3 Customer is wholly responsible for:

1. GDPR compliance with Customer's own end customers
2. Obtaining appropriate consent or lawful basis for processing end customer personal data
3. Providing privacy notices to end customers
4. Disclosing call recording to end customers
5. Responding to data subject requests from end customers
6. Ensuring the legality of all personal data provided to the Company

9.4 Customer indemnifies the Company against all liability arising from Customer's breach of GDPR or failure to comply with Customer's own data protection obligations.

10. INTELLECTUAL PROPERTY

10.1 All content, software, code, algorithms, branding, trademarks, and intellectual property on bayassist.co.uk and the BayAssist platform belongs to Four10 Group Ltd.

10.2 Customer is granted a limited, non-exclusive, non-transferable license to use the BayAssist service solely for Customer's own business purposes during the term of the service agreement.

10.3 Customer may not:

1. Reverse-engineer, decompile, or attempt to derive the source code or algorithms underlying the service
2. Copy, reproduce, or distribute the software or any part thereof
3. Modify or create derivative works based on the service
4. Attempt to bypass security measures or access controls

11. ACCEPTABLE USE

11.1 Customer agrees to use the BayAssist service solely for lawful business purposes in accordance with these Terms and all applicable law.

11.2 Customer agrees not to:

1. Use the service for illegal activities or to assist others in illegal activities
2. Attempt to gain unauthorized access to the service or Company systems
3. Interfere with, disrupt, or overload Company systems or networks
4. Engage in harassment, threats, or abusive behaviour toward Company staff
5. Spam, phish, or attempt social engineering attacks
6. Violate any third-party intellectual property rights

12. SUSPENSION AND TERMINATION

12.1 The Company reserves the right to suspend or terminate the service immediately and without notice if Customer:

1. Breaches any material provision of these Terms
2. Uses the service for illegal purposes
3. Engages in behaviour that poses a threat or nuisance to Company staff or systems
4. Fails to pay invoices within 14 days of the due date

12.2 Upon suspension or termination, Customer loses all access to the service and the portal. Data will be retained and deleted according to the Data Retention policy in the Privacy Policy.

13. GOVERNING LAW AND JURISDICTION

13.1 These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

13.2 Any disputes arising out of or relating to these Terms, the service, or bayassist.co.uk shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.3 You irrevocably submit to the jurisdiction of the English courts and waive any objection to venue or inconvenient forum.

14. ENTIRE AGREEMENT

14.1 These Terms, together with the Data Processing Agreement and any service-specific documentation provided at setup, constitute the entire agreement between the parties regarding the BayAssist service.

14.2 All prior negotiations, understandings, and agreements, whether written or oral, are superseded by these Terms.

15. CHANGES TO TERMS

15.1 The Company may update these Terms from time to time. Changes will be effective 30 days after posting to bayassist.co.uk/terms.

15.2 Continued use of the service following the effective date of changes constitutes Customer's acceptance of the updated Terms.

16. CONTACT INFORMATION

For questions regarding these Terms, the service, or to provide notice of cancellation or dispute:

Four10 Group Ltd trading as BayAssist
Telford, Shropshire
United Kingdom
Email: dave@four10.agency
Telephone: 01952 767 010