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Terms of Service

These Terms of Service ("Terms") govern your use of the Ben trades networking platform and all related services, including voice calls, SMS, WhatsApp messaging, and our website (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. About the Service

Ben is an AI-powered networking platform that connects construction and trades professionals in the Greater Toronto Area (GTA). The Service facilitates introductions between tradespeople, general contractors, homeowners, and property managers through AI-assisted phone calls, text messaging, and intelligent matchmaking.

2. Eligibility

• You must be at least 18 years of age to use the Service
• You must provide accurate and truthful information about yourself and your business
• You must have the legal authority to agree to these Terms

3. Account and Profile

• Your profile is created based on information you provide through our website, phone calls, and messages
• You are responsible for the accuracy of the information in your profile
• You agree that AI-generated summaries of your conversations may be used to build your profile
• We may share limited profile information with potential matches as described in our Privacy Policy

4. AI-Powered Communications

By using the Service, you acknowledge and consent to the following:

• Phone calls from Ben are conducted by an artificial intelligence voice assistant, not a human
• All phone calls are recorded and transcribed
• AI technology is used to analyze your profile and generate match recommendations
• Messages you receive (SMS, WhatsApp, email) may be composed or assisted by AI
• You consent to receive calls, texts, and messages from the Service at the phone number you provide

5. Introductions and Matches

• Ben proposes introductions between users based on AI-assessed compatibility. We do not guarantee that introductions will result in work, contracts, or business relationships
• Introductions require double opt-in — both parties must accept before contact details are shared
• You are solely responsible for evaluating any trades professional, contractor, or client introduced through the Service
• Ben does not employ, endorse, guarantee, or insure any user of the platform. We are a networking service, not an employer, staffing agency, or contractor
• You are responsible for conducting your own due diligence, including verifying licenses, insurance, references, and qualifications before entering into any business arrangement

6. Acceptable Use

You agree not to:

• Provide false, misleading, or fraudulent information
• Use the Service for any unlawful purpose
• Harass, abuse, or harm other users
• Spam or solicit users outside the scope of genuine trades networking
• Attempt to circumvent, disable, or interfere with the Service's security features
• Scrape, harvest, or collect information about other users without consent
• Use the Service to discriminate against any person based on race, gender, religion, national origin, disability, or any other protected characteristic

7. Fees and Payment

The Service is currently free to use. We reserve the right to introduce paid features or subscription plans in the future. If we do, we will provide advance notice and any paid features will require your explicit consent before charges apply.

8. Intellectual Property

• The Service, including its design, code, AI models, algorithms, and content, is owned by Ben and protected by intellectual property laws
• You retain ownership of the content you provide (photos, descriptions, portfolio links). By submitting content, you grant us a non-exclusive, worldwide license to use it in connection with operating the Service
• You may not copy, modify, distribute, or reverse-engineer any part of the Service

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Match recommendations will be accurate or lead to successful outcomes
• Information provided by other users is accurate, reliable, or truthful
• AI-generated content (call summaries, match reasons, messages) will be free from errors

10. Limitation of Liability

To the maximum extent permitted by law, Ben and its founders, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, business opportunities, or goodwill
• Any damages arising from introductions made through the Service, including but not limited to poor workmanship, financial loss, property damage, or personal injury
• Any actions or omissions of other users of the Service

Our total liability for any claim related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim (or $100 CAD if you have not paid us anything).

11. Indemnification

You agree to indemnify and hold harmless Ben and its founders, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your interactions with other users.

12. Termination

• You may stop using the Service at any time by contacting us or replying STOP to any message
• We may suspend or terminate your access to the Service at any time, for any reason, with or without notice
• Upon termination, we will delete your profile and personal data within 30 days, subject to legal retention requirements

13. Communications Consent

By providing your phone number, you expressly consent to receive:

• AI-conducted voice calls
• SMS text messages
• WhatsApp messages
• Email communications

Message and data rates may apply. You can opt out at any time by replying STOP to any message or contacting us at dave@getbenjee.com.

14. Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Toronto, Ontario, unless otherwise required by law. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or via email. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Us

If you have questions about these Terms, contact us at:

Ben
Email: dave@getbenjee.com
Greater Toronto Area, Ontario, Canada