Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”, “your”) and Five S LLC, a limited liability company (“TransfAI”, “we”, “us”, “our”), governing your access to and use of the TransfAI platform, software, AI agents, and related services (collectively, the “Service”) available at transf.ai and app.transf.ai.

• “Account” means a unique account created for you to access the Service.
• “AI Agent” means an automated software agent provided through the Service that performs tasks on your behalf.
• “Content” means any data, text, files, information, or other materials submitted to or generated by the Service.
• “Subscription” means a paid plan granting access to the Service for a specified period.
• “Third-Party Services” means external platforms (including QuickBooks, Gmail, Google Calendar, Twilio, HubSpot, Stripe, and others) that you connect to the Service via OAuth or API integration.
• “User Data” means data you provide to the Service, including business information, contact lists, invoice data, and calendar data.

• 2.1 You must be at least 18 years of age and have legal authority to enter into contracts on behalf of your business.
• 2.2 You must provide accurate, current, and complete information during registration and keep your account information updated.
• 2.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• 2.4 You must notify us immediately at hello@transf.ai of any unauthorized use of your account.
• 2.5 We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

• 3.1 Subscription Plans. TransfAI offers subscription plans (Starter, Growth, Scale, Agency) billed monthly or annually as described on our pricing page. Features and limitations vary by plan.
• 3.2 Free Trial. We may offer a 14-day free trial. No credit card may be required during the trial period. At the end of the trial, your account will be downgraded or you will be prompted to subscribe.
• 3.3 Billing. Subscriptions are billed in advance on a monthly or annual basis. By providing payment information, you authorize us to charge your payment method on a recurring basis.
• 3.4 Price Changes. We reserve the right to modify subscription prices with 30 days’ written notice. Continued use after the notice period constitutes acceptance of the new pricing.
• 3.5 Refunds. All fees are non-refundable except as required by applicable law or as expressly stated herein. We may offer pro-rated refunds at our discretion for annual plans cancelled within 30 days of renewal.
• 3.6 Taxes. You are responsible for all applicable taxes, levies, or duties associated with your subscription.
• 3.7 Late Payment. Failure to pay may result in suspension or termination of your account. Reactivation may require payment of all outstanding amounts.

4.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

4.2 Restrictions. You must not:

• (a) Use the Service for any unlawful purpose or in violation of any regulations;
• (b) Send unsolicited commercial communications (spam) through AI Agents;
• (c) Violate any third party’s privacy, intellectual property, or other rights;
• (d) Attempt to reverse engineer, decompile, or discover the source code of the Service;
• (e) Use the Service to transmit harmful, offensive, or fraudulent content;
• (f) Resell, sublicense, or otherwise commercialize access to the Service without our written consent;
• (g) Use automated means to access the Service other than through our provided APIs;
• (h) Interfere with or disrupt the integrity or performance of the Service;
• (i) Attempt to gain unauthorized access to any portion of the Service.

4.3 Compliance. You are solely responsible for ensuring your use of AI Agents complies with all applicable laws, including CAN-SPAM Act, GDPR, CCPA, TCPA, and any other communications laws applicable to your jurisdiction and the jurisdictions of your customers.

• 5.1 Nature of AI Agents. AI Agents are automated tools that act on your behalf. You acknowledge that AI-generated content may contain errors, inaccuracies, or inappropriate content.
• 5.2 Your Responsibility. You are solely responsible for reviewing AI Agent configurations, monitoring agent activity, and ensuring all automated communications sent on your behalf comply with applicable law.
• 5.3 Customer Consent. You warrant that you have obtained all necessary consents from your customers to receive automated emails and SMS messages sent through our Service on your behalf.
• 5.4 SMS Communications. Use of Twilio SMS integration is subject to additional terms, including TCPA compliance requirements. You must maintain opt-in records for all SMS recipients.
• 5.5 No Guarantee of Results. We do not guarantee that AI Agents will achieve any particular business outcome, including invoice collection, review generation, or lead conversion rates.

• 6.1 You may connect Third-Party Services to the Service. By doing so, you authorize us to access and use your data from those services solely to provide the Service.
• 6.2 We are not responsible for the availability, accuracy, or content of Third-Party Services.
• 6.3 Your use of Third-Party Services is governed by the respective terms of service and privacy policies of those providers.
• 6.4 We store OAuth access tokens in encrypted form and use them solely to perform actions you have configured.
• 6.5 You may disconnect any Third-Party Service at any time through the Integrations page.

• 7.1 Privacy Policy. Our Privacy Policy (available at app.transf.ai/privacy) is incorporated into these Terms by reference and explains how we collect, use, and protect your information.
• 7.2 Data Processing. By using the Service, you appoint us as a data processor for any personal data of your customers that is processed through the Service. We will process such data only in accordance with your instructions and these Terms.
• 7.3 Data Security. We implement industry-standard security measures including encryption at rest and in transit. However, no method of transmission over the internet is 100% secure.
• 7.4 Data Retention. We retain your data for the duration of your subscription and for up to 90 days following termination, after which it will be deleted.
• 7.5 Data Portability. Upon request, we will provide an export of your data in a machine-readable format within 30 days.
• 7.6 Breach Notification. In the event of a data breach affecting your data, we will notify you within 72 hours of becoming aware of the breach.

• 8.1 Our IP. The Service, including all software, algorithms, AI models, designs, text, and graphics, is owned by Five S LLC and protected by intellectual property laws. These Terms do not transfer any ownership rights to you.
• 8.2 Your IP. You retain all rights to your User Data. By using the Service, you grant us a limited license to process your User Data solely to provide the Service.
• 8.3 Feedback. Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without obligation or compensation to you.
• 8.4 AI-Generated Content. Content generated by AI Agents on your behalf is provided to you for your business use. We make no representations regarding the copyrightability of AI-generated content.

• 9.1 Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential.
• 9.2 This obligation does not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is required to be disclosed by law or court order.

• 10.1 We warrant that we will provide the Service with reasonable skill and care.
• 10.2 THE SERVICE IS 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, ERROR-FREE OPERATION.
• 10.3 WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) AI-GENERATED CONTENT WILL BE ACCURATE OR APPROPRIATE; (D) ANY SPECIFIC BUSINESS OUTCOMES WILL BE ACHIEVED.

• 11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVE S LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• 11.2 OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
• 11.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Five S LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) automated communications sent through AI Agents on your behalf; (e) your violation of any applicable law.

• 13.1 These Terms commence on the date you first access the Service and continue until terminated.
• 13.2 You may terminate your account at any time by contacting us at hello@transf.ai or through account settings.
• 13.3 We may suspend or terminate your account immediately if: (a) you breach these Terms; (b) we are required to do so by law; (c) we reasonably believe your use is causing harm; (d) you fail to pay fees when due.
• 13.4 Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including Sections 8, 9, 10, 11, 12, and 14.

• 14.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
• 14.2 Informal Resolution. Before filing any formal legal claim, you agree to contact us at hello@transf.ai to attempt informal resolution.
• 14.3 Arbitration. Any dispute not resolved informally within 30 days shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in San Jose, California.
• 14.4 Class Action Waiver. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.
• 14.5 Small Claims. Either party may bring claims in small claims court for disputes within its jurisdiction.

• 15.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Five S LLC regarding the Service.
• 15.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
• 15.3 Waiver. Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.
• 15.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely.
• 15.5 Notices. Legal notices to us must be sent to: Five S LLC, hello@transf.ai. Notices to you will be sent to the email address associated with your account.
• 15.6 Force Majeure. We are not liable for any failure to perform due to circumstances beyond our reasonable control.
• 15.7 Updates. We reserve the right to update these Terms at any time. Material changes will be notified via email or prominent notice on the Service with 14 days’ advance notice. Continued use constitutes acceptance.