Terms of Service

Effective Date: November, 15 2025

1. Introduction

Welcome to Big Thinking Agent. These Terms of Service (“Terms”) govern your access to and use of our website, digital content, AI automation services, and all related offerings (collectively, the “Services”). By using our Services, you agree to these Terms. If you do not agree, please discontinue using our Services immediately.

2. Who We Are

Dana Ehrlich dba Big Thinking Agent
Business Type: AI Automation Agency
Address: 11684 Ventura Blvd. #346, Studio City CA 91604
Email: [email protected]

3. Services Provided

Big Thinking Agent provides AI-powered automation solutions including, but not limited to: database reactivation, AI receptionists, missed-call text back systems, appointment-setting automations, conversational SMS/DM agents, Google review automation, lead outreach workflows, and custom automation systems for real estate professionals and service businesses.

4. Eligibility & Acceptable Use

You must be 18 or older and authorized to enter into contracts on behalf of your business. You agree to use the Services only for lawful purposes and to comply with all applicable laws including—but not limited to—CAN-SPAM, TCPA, and data privacy regulations.

5. Fees, Payments & Refunds

Fees are defined in your service agreement, proposal, or order form. Payment is due as outlined in that agreement. All payments are final. No refunds will be issued once work has begun, deliverables have been provided, or access to automations has been granted.

Non-payment may result in suspension or termination of Services.

6. Client Responsibilities

You agree to:

• Provide accurate information, lists, and materials required for service delivery.
• Ensure all data provided is legally obtained and compliant with communication laws.
• Give timely approvals and responses for campaign execution.
• Maintain required software access (e.g. CRM, phone system, website tools).

Failure to provide required data or cooperation may impact results and timelines.

7. No Guarantees

While we use commercially reasonable efforts, we do not guarantee specific outcomes such as lead volume, appointments, response rates, or revenue. Results depend on factors including data quality, market conditions, client follow-up, and business operations.

8. Intellectual Property

All systems, templates, automations, scripts, workflows, and proprietary methods created by Big Thinking Agent remain our exclusive property. You receive a non-transferable, internal-use license for the duration of your engagement.

9. Confidentiality & Data Protection

Each party agrees to maintain confidentiality of the other party’s sensitive information. You grant us permission to access, use, and process your data solely for the purpose of delivering Services. We take reasonable measures to protect your data but cannot guarantee absolute security.

10. Prohibited Activities

You agree not to use our Services to:

• Send unlawful or unsolicited messages.
• Engage in harassment, discriminatory behavior, or defamation.
• Violate communication laws or spam regulations.
• Interfere with or disrupt our systems or automations.

We reserve the right to suspend or terminate Services for violations.

11. Termination

Either party may terminate in accordance with your service agreement. We may immediately terminate access for non-payment, misuse, or unlawful activity. Upon termination, all fees owed become due. Sections on Confidentiality, Intellectual Property, and Liability survive termination.

12. Limitation of Liability

To the fullest extent permitted by law:

• Services are offered “as is” without warranties of any kind.
• We are not liable for indirect, incidental, or consequential damages.
• Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.

Some jurisdictions do not allow certain limitations; if so, they may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Big Thinking Agent, its owners, contractors, and affiliates from any claims arising from your misuse of the Services, breach of these Terms, or violation of laws or third-party rights.

14. Changes to Terms

We may update these Terms periodically. Revised versions will be posted on our website with an updated Effective Date. Your continued use of the Services constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of California. Any disputes will be resolved through binding arbitration in Los Angeles County, unless you qualify for small claims court.

16. Entire Agreement

These Terms, along with your service agreement and our Privacy Policy, constitute the entire agreement between you and Big Thinking Agent.

17. Contact Information

For questions regarding these Terms, please contact:

Dana Ehrlich, Big Thinking Agent
Email: [email protected]
Address: [Insert business address]