Agreements

BKD.ai Terms and Conditions

Effective Date: June 1st, 2024

1. Acceptance of Terms

By accessing or using the BKD.ai website ("Site") and services ("Services"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Site or Services.

2. Services

BKD.ai, operated by 13962385 Canada Inc, provides automated lead management and engagement services. The use of our Services is governed by the Service Level Agreement (SLA) available on our Site.

3. Use of the Site and Services

You agree to use the Site and Services only for lawful purposes. You are prohibited from using the Site or Services to:

• Engage in any unlawful activities.
• Transmit any harmful, threatening, defamatory, obscene, or otherwise objectionable content.
• Interfere with or disrupt the integrity or performance of the Site or Services.
• Attempt to gain unauthorized access to the Site, Services, or related systems or networks.

4. Account Registration and Security

To access certain features of the Site and Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately of any unauthorized use of your account.

5. Subscription and Fees

• Subscription Plans: Details of subscription plans, including fees, are provided on our Site.
• Billing: You agree to pay all fees specified in the SLA. Billing cycles are monthly, and payments are non-refundable except as provided in the SLA.

6. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is the property of BKD.ai or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our prior written consent.

7. Privacy

Your use of the Site and Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site and Services, you consent to the collection and use of your information as described in the Privacy Policy.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information received from the other party. This obligation continues beyond the termination of these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, BKD.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or in connection with your use of the Site or Services.

10. Indemnification

You agree to indemnify, defend, and hold harmless BKD.ai, its officers, directors, employees, and agents, from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising out of your use of the Site or Services or your violation of these Terms.

11. Termination

We reserve the right to terminate or suspend your account and access to the Site and Services at our sole discretion, without notice and liability, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12. Amendments to Terms

BKD.ai reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our Site. Your continued use of the Site and Services after such changes have been posted constitutes your acceptance of the new Terms.

13. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through good faith negotiations. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the rules of the Canadian Arbitration Association.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.

15. Contact Information

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

• Email: jason@bkd.ai
• Address: 13962385 Canada Inc, 88 Spadina Ave, Ottawa, ON K1Y 2C1

By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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BKD.ai Privacy Policy

Effective Date: June 1st, 2024

1. Introduction

13962385 Canada Inc, operating as BKD.ai ("we," "us," or "our"), is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website (the "Site") and use our services ("Services"), including the collection of leads from dealers.

2. Information We Collect

We may collect and process the following types of information:

2.1. Personal Information

• Contact Information: Name, email address, phone number, and mailing address.
• Account Information: Username, password, and other registration details.
• Payment Information: Credit card details and billing information.

2.2. Lead Information

• Lead Data: Information collected from leads provided by dealers, including names, contact information, employment details, and any other relevant information necessary for lead qualification and processing.

2.3. Usage Data

• Technical Information: IP address, browser type, operating system, and device information.
• Usage Details: Pages visited, links clicked, and other interactions with our Site and Services.

2.4. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect information about your interactions with our Site and Services.

3. How We Use Your Information

We use the information we collect for various purposes, including:

• To Provide and Improve Our Services: Processing transactions, managing accounts, processing leads, and improving the functionality of our Site and Services.
• To Communicate With You: Sending account-related communications, promotional messages, and responding to inquiries.
• For Security and Compliance: Protecting our Site and Services from fraud, complying with legal obligations, and enforcing our terms and conditions.

4. Sharing Your Information

We may share your information with third parties under the following circumstances:

• Service Providers: With vendors and service providers who perform functions on our behalf, such as payment processing, data analysis, and email delivery.
• Dealers: Sharing lead information with the dealers from whom the leads were collected to facilitate the lead management process.
• Legal Requirements: When required by law or to protect our rights, property, or safety, or that of our users or others.
• Business Transfers: In connection with a merger, acquisition, or sale of all or a portion of our assets.

5. Data Security

We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.

6. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected and to comply with legal obligations.

7. Your Rights

Depending on your location, you may have the following rights regarding your personal information:

• Access: Request access to the personal information we hold about you.
• Correction: Request correction of inaccurate or incomplete information.
• Deletion: Request deletion of your personal information.
• Objection: Object to the processing of your personal information.
• Portability: Request transfer of your personal information to another entity.

8. International Transfers

Your information may be transferred to and processed in countries other than your own. We ensure that such transfers comply with applicable data protection laws.

9. Children's Privacy

Our Site and Services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our Site. Your continued use of the Site and Services after any changes constitutes your acceptance of the updated Privacy Policy.

11. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us at:

• Email: jason@bkd.ai
• Address: 13962385 Canada Inc, 88 Spadina Ave, Ottawa, ON K1Y 2C1

By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.

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BKD.ai Service Level Agreement (SLA)

Effective Date: June 1st, 2024

This Service Level Agreement (SLA) constitutes a legally binding agreement between 13962385 Canada Inc, operating as BKD.ai ("Provider"), and the client ("Client"). By using BKD.ai services, the Client agrees to the terms and conditions outlined herein.

1. Service Description

BKD.ai provides automated lead management and engagement services, delivering leads instantly to the BKD.ai CRM and updating them live as new data is received from the AI.

2. Performance Metrics

• Availability: The Provider commits to maintaining an optimal service uptime of 99.9%.
• Lead Handling Times:
  • Leads are delivered instantly to the BKD.ai CRM.
  • Leads are updated live with new data from the AI.

3. Support and Maintenance

• Standard Support: Available Monday to Friday, 9 am to 5 pm EST, excluding holidays.
• Critical Issues: 24/7 support for critical issues is available via jason@bkd.ai, ensuring same-day resolution.

4. Data Utilization and Retention

The Provider may use aggregated data derived from service interactions to enhance service quality, adhering to the highest standards of privacy and confidentiality. Personal data will be handled in compliance with all applicable data protection regulations.

5. Pricing Structure

Refer to your Agreement for pricing details.

6. Billing and Payment

• Billing Cycle: Monthly billing, with invoices issued on the 1st of each month.
  • The first month includes only the monthly subscription fee.
  • Subsequent months include the monthly subscription fee plus usage charges.

7. Additional Beta User Benefits

• DELETED

8. Confidentiality, Security, and Compliance

The Provider guarantees the security of Client data and compliance with all relevant regulations. All data handling and processing activities will be conducted with the utmost confidentiality.

9. Termination Clauses

• Termination by Client: The Client may terminate this SLA with 30 days’ written notice, provided the minimum commitment period for beta users is completed.
• Termination by Provider: The Provider may terminate this SLA with 30 days’ written notice to the Client.

10. Amendments and Changes

The Provider reserves the right to amend the terms of this SLA. Clients will be notified of any changes at least 30 days in advance. Continued use of BKD.ai services after the effective date of the changes constitutes acceptance of the new terms.

11. Dispute Resolution

Any disputes arising out of or in connection with this SLA shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

12. Governing Law

This SLA shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.

13. Acceptance of Terms

By clicking "Accept" or by using the BKD.ai services, the Client agrees to be bound by the terms and conditions of this SLA.

Contact Information:For any questions or support, please contact:

• Email: jason@bkd.ai
• Address: 13962385 Canada Inc, 88 Spadina Ave, Ottawa, ON K1Y 2C1

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