Terms of Service

1.1 These Terms of Service ("Terms") are a binding agreement between Creative Business Technology ("CBT", "we", "us") and the business or person that uses our website, software, platforms or services ("Client", "you").

1.2 By signing an order, proposal, statement of work or quote that references these Terms ("Order"), creating an account, or using our Services, you accept these Terms. If you accept on behalf of a business, you confirm you have authority to bind it.

1.3 You must be at least 18 and use the Services for business purposes. The Services are not for personal, family or household use.

1.4 If an Order conflicts with these Terms, the Order controls for that Order only. A separately signed master agreement controls over both.

"Services" means our websites, software platforms (including EFR Field OS, Crown, AI Front Desk, CBT Shield and CBT Sentinel), custom software, AI features, websites and marketing systems we build or run, and related setup, training and support. "Client Data" means data you or your users submit to the Services, including data about your customers and staff. "Users" means people you allow to use the Services. "End Customers" means your customers, clients, patients, crews or other people whose data is processed through the Services. "Output" means content generated by AI features. "Deliverables" means custom work we create for you under an Order.

3.1 We provide the Services described in your Order. We may improve, change or retire features, but will not materially reduce the core functions of a paid subscription during its current term without notice.

3.2 Some Services run on third-party platforms and infrastructure (for example hosting, CRM, communications, payments, email and AI providers). Your use of those parts may also be subject to the providers' terms, which we will make available on request, and you agree to follow them. We are not responsible for third-party services we do not control.

3.3 Setup and professional services: we perform setup, migration, design, development and training as described in the Order. Timelines are estimates that depend on you providing timely information, content, access and approvals.

3.4 Support: we provide support by phone, text or our contact page during normal business hours (U.S. Central Time) unless an Order says otherwise.

4.1 You are responsible for your account, your Users and all activity under your account. Keep credentials confidential, use two-step sign-in where available, and tell us promptly about any unauthorized use.

4.2 You are responsible for assigning roles and access correctly. We may require stronger security settings to protect the Services.

4.3 Ownership disputes over an account are resolved in favor of the business named in the Order, or as we reasonably decide on the records available.

5.1 You agree to pay the fees in your Order. Setup and implementation fees are due as stated in the Order and are non-refundable once work begins.

5.2 Subscriptions renew automatically for the same period (usually monthly) until cancelled under Section 18. You authorize us to charge your payment method on each renewal.

5.3 Subscriptions are billed at a fixed monthly price. Each plan includes usage allowances (such as text messages and AI minutes) shown in your Order. We do not charge overage, booking, payout or platform fees. When an allowance is reached, the related feature may pause until your next billing period or until you change plans. Payments your customers make to you are processed through your own payment processor account at that processor's standard rates, paid by you directly; CBT does not take a percentage of those payments.

5.4 We may change prices with at least 60 days' notice; changes apply from your next renewal after the notice period.

5.5 Late amounts may incur interest of 1.5% per month or the highest rate the law allows, whichever is lower, plus reasonable collection costs. We may suspend Services for amounts more than 15 days overdue after notice.

5.6 Fees exclude taxes. You are responsible for all sales, use and similar taxes other than taxes on our income.

5.7 Chargebacks: if you dispute a valid charge with your bank instead of contacting us, we may suspend the Services and recover the amount and fees.

5.8 Unless an Order or the law says otherwise, fees are non-refundable, including for partial months.

Features labeled early access, beta, preview or similar are provided for evaluation, may change or end at any time, may be less reliable, and are provided "as is" without warranties or service commitments.

7.1 You own your Client Data. You grant us a limited license to host, copy, process, transmit and display Client Data only as needed to provide, secure, support and improve the Services and as required by law.

7.2 You are responsible for the accuracy and legality of Client Data and for having all rights, notices and consents needed for us to process it, including from your End Customers and staff.

7.3 We may create aggregated or de-identified data that does not identify you or any person and use it to operate, analyze and improve our Services.

7.4 We protect Client Data with reasonable administrative, technical and physical safeguards. If we confirm unauthorized access to Client Data in our control, we will notify you without undue delay and cooperate with you.

7.5 Our handling of personal information is also described in our Privacy Policy. Where required, we will sign a data processing addendum.

7.6 You can export Client Data while your subscription is active. After termination we will keep Client Data available for export for 30 days, then delete it from active systems within a reasonable time, except where the law requires us to keep it. Backups are overwritten on their normal schedule.

8.1 You are responsible for your relationship with your End Customers, including your own privacy notice, terms, policies, pricing, refunds, bookings, deposits and services.

8.2 You will respond to your End Customers' privacy requests. We will reasonably help you with requests about data we process for you.

8.3 You are responsible for any products you sell through the Services, including taxes, delivery and returns.

9.1 When you send texts, calls, emails or AI-assisted messages through the Services, you are the sender and are solely responsible for complying with all applicable laws and rules, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CAN-SPAM, do-not-call rules, state telemarketing and mini-TCPA laws (including Texas Business and Commerce Code Chapter 302 where applicable), carrier and 10DLC registration rules, and similar laws.

9.2 You will obtain and keep records of all consents required before contacting anyone, honor opt-outs promptly, include required identification and opt-out instructions, and respect quiet hours.

9.3 Calls using an artificial or AI-generated voice may require the recipient's prior express consent, and in some cases prior express written consent. You will not use AI voice for outbound calls without the consent the law requires.

9.4 If calls are recorded or transcribed, you are responsible for giving any notice and obtaining any consent required by the laws where the parties are located.

9.5 Phone numbers we provision are used under carrier rules. We may release numbers not ported out within 14 days after cancellation. Numbers you ported in remain yours to port out.

9.6 Carriers and providers may filter, delay or block messages. We are not responsible for delivery failures outside our control.

10.1 AI features generate Output using machine learning, including third-party AI models. Output may be inaccurate, incomplete or inappropriate, and similar inputs can produce different Output.

10.2 You are responsible for reviewing Output before relying on it, especially for legal, financial, safety, employment, payroll, compliance, medical or other important decisions. Output is not professional advice.

10.3 As between us, you own the Output generated for you, to the extent the law allows.

10.4 We do not use Client Data to train AI models for other customers, and we use AI providers that do not use Client Data to train their general models under our agreements with them.

10.5 You will tell your End Customers when they are interacting with an AI system where the law requires it, and we recommend doing so in all cases.

10.6 You will not use AI features to deceive people, impersonate anyone, make decisions that produce legal or similarly significant effects about people without human review, or for any use prohibited by law or Section 12.

10.7 You must confirm that AI features are permitted for your business and jurisdiction before enabling them.

11.1 Authorization. You authorize CBT to scan, test, monitor and assess the systems, applications, accounts, networks, domains and AI tools listed in your Order ("In-Scope Systems"). You confirm you own them or have written permission from the owner and any hosting or cloud provider whose rules require it. You will defend us against claims that testing was unauthorized.

11.2 Scope. We test only In-Scope Systems, during agreed windows, using agreed methods. Changes to scope must be agreed in writing.

11.3 Testing risks. Security testing can, despite care, slow or interrupt systems or affect data. You will keep current backups and tell us about fragile or critical systems before testing. We may pause testing if we see a risk of harm.

11.4 No guarantee. No security service can find every weakness or prevent every attack. Our services reduce risk; they do not guarantee that your systems are secure, will not be breached, or will meet any particular law or contract requirement.

11.5 Compliance readiness. We help you prepare for security requirements and prepare documentation. We do not issue certifications or audit opinions; those come from authorized assessors and auditors.

11.6 Monitoring and alerts. Monitoring is automated and depends on the access and data you provide. Alerts are sent to the contacts you designate; you are responsible for acting on them. Incident response, forensics and breach notification to third parties are not included unless your Order says so.

11.7 Findings. Reports and findings are your Confidential Information. We may keep working papers as required by law or professional practice and may use de-identified, aggregated findings to improve our services.

11.8 Testing of CBT. You may not scan, probe or test our Services or infrastructure without our prior written permission. Report suspected vulnerabilities through our contact page.

You and your Users will not, and will not allow others to: (a) break any law, or infringe or misappropriate anyone's rights; (b) send spam, unsolicited or unlawful messages or calls; (c) upload malware or harmful code; (d) access, test or disrupt the Services or other customers' data without authorization; (e) reverse engineer, copy, resell or build a competing product from the Services except as the law allows or we agree in writing; (f) use the Services for illegal, fraudulent, deceptive, harassing, hateful, sexually exploitative or violent content, or for high-risk uses such as weapons, critical-infrastructure control or emergency services where failure could cause injury; (g) collect sensitive data such as health, biometric or financial account data unless your Order covers it and you meet the law's requirements; (h) bypass usage limits or security controls; or (i) use the Services if you are on a U.S. sanctions list or in an embargoed country.

We may remove content or suspend accounts that violate this section.

13.1 CBT and its licensors own the Services, platforms, software, templates, designs, know-how, documentation, names and logos, and all improvements ("CBT Materials"). You receive a limited, non-exclusive, non-transferable right to use the Services during your subscription for your internal business purposes.

13.2 Custom Deliverables: unless an Order says otherwise, once you pay in full you own the Deliverables created specifically for you, excluding CBT Materials, which remain ours and are licensed to you for use with the Deliverables.

13.3 Feedback: if you give us ideas or feedback, we may use them without obligation to you.

13.4 Content you give us (logos, photos, text) must be yours or licensed to you, and you let us use it to provide the Services.

13.5 Copyright complaints: send notices of claimed infringement through our contact page with the information required by the Digital Millennium Copyright Act.

Each party will protect the other's non-public business, technical and financial information with reasonable care, use it only for this agreement, and share it only with people who need it and are bound by similar duties. This does not cover information that is public, already known, independently developed or received lawfully from others. Either party may disclose information when required by law, after giving notice where allowed.

We will not name you as a client or use your logo, testimonials or results without your written permission.

16.1 We will perform professional services in a professional and workmanlike manner. If we do not, tell us within 30 days and we will re-perform the work; if we cannot, you may receive a refund of fees paid for the non-conforming work. This is your exclusive remedy.

16.2 EXCEPT AS STATED IN 16.1, THE SERVICES, OUTPUT AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THEY WILL PRODUCE ANY PARTICULAR BUSINESS RESULT, REVENUE OR LEAD VOLUME.

17.1 NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF ADVISED THEY WERE POSSIBLE.

17.2 EACH PARTY'S TOTAL LIABILITY ARISING FROM THIS AGREEMENT IS LIMITED TO THE FEES YOU PAID TO CBT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

17.3 These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.

18.1 These Terms apply while you use the Services. Each subscription runs for the term in its Order and renews automatically.

18.2 You may cancel a monthly subscription with 30 days' written notice through our contact page; it ends at the close of the billing period after the notice period. Fixed-term Orders run to the end of their term.

18.3 Either party may terminate for material breach not cured within 30 days of written notice (10 days for non-payment).

18.4 We may suspend the Services immediately if needed to prevent harm, legal violation, security risk or abuse, and will restore them once resolved.

18.5 On termination, your right to use the Services ends, unpaid fees become due, and Section 7.6 applies to your data. Sections that by their nature should survive, survive.

19.1 You will defend and indemnify CBT and its personnel against third-party claims and resulting losses arising from Client Data, your communications and marketing (Section 9), your products and services, your use of Output, your breach of these Terms or law, or In-Scope Systems you did not have authority to authorize.

19.2 We will defend and indemnify you against third-party claims that the Services, as provided by us, infringe a U.S. patent, copyright or trademark, and pay resulting damages. This does not apply to claims caused by Client Data, third-party services, combinations not provided by us, or modifications not made by us. We may modify the Service, get you a license, or end the affected Service and refund prepaid fees.

19.3 The indemnified party must notify promptly, give control of the defense, and cooperate.

During an Order and for 12 months after, neither party will directly solicit for employment the other's employees who worked on the Order, except through general advertising.

We may update these Terms. We will post the new version with its effective date and, for material changes affecting paying clients, give at least 30 days' notice by email or in the Services. Continued use after that date means you accept the update. Changes do not apply retroactively to existing disputes.

22.1 Governing law: the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules.

22.2 Informal resolution: before starting a claim, the party must send written notice and both parties will try in good faith to resolve it for 30 days.

22.3 Arbitration: unresolved disputes will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Collin County, Texas, or by video. Judgment may be entered in any court with jurisdiction.

22.4 Exceptions: either party may bring an individual claim in small claims court, and either party may seek a court order to protect its intellectual property or Confidential Information.

22.5 Class action and jury waiver: claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action. Each party waives the right to a jury trial.

22.6 Time limit: any claim must be filed within one year after it arises, unless the law requires a longer period.

22.7 Venue for permitted court actions: state and federal courts in Collin County, Texas.

23.1 Force majeure: neither party is liable for delays caused by events beyond its reasonable control, including outages of carriers, providers or the internet, natural disasters, labor actions, government action or cyberattacks not caused by that party's negligence.

23.2 Assignment: you may not assign this agreement without our written consent. We may assign it in a merger, acquisition or sale of assets.

23.3 Independent contractors: the parties are independent; nothing creates a partnership, employment or agency.

23.4 Notices: we may give notices by email to your account contact or within the Services. Legal notices to CBT must be sent through cbtdigi.com/contact and confirmed in writing.

23.5 Electronic agreement: you agree that electronic signatures, acceptances and records are binding.

23.6 Export and sanctions: you will comply with U.S. export control and sanctions laws.

23.7 U.S. government users: the Services are commercial products provided with the same rights as to other customers.

23.8 Entire agreement; severability; waiver: these Terms, your Orders and the policies referenced here are the entire agreement. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.

23.9 No third-party beneficiaries.

23.10 Headings are for convenience only. "Including" means "including without limitation".

If you only browse cbtdigi.com, Sections 12, 13, 16, 17, 22 and 23 apply to your use of the website, and content on the website is general information, not professional advice.

cbtdigi.com/contact · (469) 904-0343.