TERMS OF SERVICE
Baytech Companies, LLC
Last Updated: 03/1/26
These Terms of Service (“Agreement”) govern access to and use of services provided by Baytech Companies, LLC, an Ohio limited liability company.
These Terms apply to all products, services, software platforms, websites, programs, and marketing systems operated by Baytech Companies, LLC including all affiliated brands, divisions, and DBAs, including but not limited to:
• Baytech Companies
• BizApp247
• Baytech Domains
• Baytech Mobile
• Advoria
• Any current or future platform, software product, service brand, or division owned or operated by Baytech Companies, LLC
Throughout this Agreement, Baytech Companies, LLC and its affiliated brands are collectively referred to as “Baytech,” “Company,” “we,” “our,” or “us.”
The individual or business purchasing or using the services is referred to as “Client,” “Customer,” or “User.”
By purchasing, accessing, or using any Baytech services, Client acknowledges that they have read, understood, and agree to be legally bound by these Terms of Service.
If Client does not agree to these Terms, Client may not use Baytech services.
Definitions
For purposes of this Agreement, the following definitions apply:
“Baytech” or “Company” refers to Baytech Companies, LLC, an Ohio limited liability company, including all affiliated brands, divisions, software platforms, services, and DBAs operated by Baytech Companies, LLC, including but not limited to BizApp247, Baytech Domains, Baytech Mobile, Advoria, and any future products, services, or technology platforms operated under the Baytech Companies umbrella.
“Client,” “Customer,” or “User” refers to any individual, company, organization, or entity that purchases, accesses, subscribes to, or otherwise uses any services provided by Baytech.
“Services” refers to all software platforms, marketing services, hosting services, automation systems, digital infrastructure, websites, messaging systems, AI tools, consulting services, and related offerings provided by Baytech.
“Platform” refers to any software system, CRM system, website infrastructure, application, automation system, messaging system, AI communication tool, or digital technology operated or made available by Baytech.
“Content” refers to all information, media, materials, and assets submitted to Baytech by the Client, including but not limited to images, graphics, text, videos, audio, databases, branding materials, marketing assets, and other digital files.
“Third-Party Services” refers to technology systems, software providers, cloud platforms, telecommunications services, advertising platforms, payment processors, or other service providers that are not owned or controlled by Baytech but may be integrated with Baytech services.
“Messaging Services” refers to SMS messaging, MMS messaging, automated voice calls, AI-generated communications, marketing automation messages, email campaigns, and any other form of electronic communication sent through Baytech platforms.
“Advertising Platforms” refers to digital advertising networks including but not limited to Google Ads, Meta platforms (Facebook and Instagram), Microsoft Advertising, LinkedIn Advertising, TikTok Advertising, or other third-party advertising systems.
“Account” refers to the Client’s user account, platform login, CRM system, or any other system created for the Client to access Baytech services.
These definitions apply throughout this Agreement and shall be interpreted broadly to reflect the full scope of services provided by Baytech.
1. Scope of Services
Baytech provides digital technology, marketing, and software services which may include but are not limited to:
• Website design and development
• Website hosting and domain services
• Digital marketing services
• CRM systems and marketing automation platforms
• SMS and messaging systems
• AI-powered communication tools and automation
• Voice communication systems and call tracking
• Lead generation services
• Advertising management services
• Funnel and landing page development
• Email marketing tools
• Software integrations and APIs
• Marketing consulting and strategy services
• Data collection and customer management platforms
These services may be provided directly by Baytech or through integrations with third-party technology providers.
Baytech reserves the right to modify, expand, suspend, or discontinue services at any time as part of system improvements or operational needs.
Services are provided on a commercially reasonable efforts basis. Baytech does not guarantee uninterrupted service availability or specific marketing results.
2. Client Responsibilities
Client agrees to use Baytech services in compliance with all applicable laws and regulations.
Client is responsible for:
• Maintaining the confidentiality of account credentials
• All activity conducted through their account
• Ensuring compliance with marketing and advertising regulations
• Obtaining required permissions from customers and recipients
• Providing accurate and lawful content and materials
Client agrees not to use Baytech services for:
• Unlawful activities
• Fraudulent or deceptive marketing
• Spam or unsolicited communications in violation of law
• Violations of intellectual property rights
• Distribution of malicious software or harmful code
Baytech reserves the right to suspend or terminate accounts engaged in prohibited activities.
3. Service Fees and Billing
Services may be billed on a recurring subscription basis or as project-based engagements depending on the services selected.
Billing structures may include:
• Monthly subscriptions
• Annual subscriptions
• One-time project fees
• Marketing management fees
• Software licensing fees
• Platform usage fees
• Setup or onboarding fees
• Consulting or strategy fees
All services are billed in advance unless otherwise stated in writing.
Client agrees to pay all applicable fees associated with services purchased.
Baytech reserves the right to adjust pricing or modify service tiers with reasonable notice.
Client is responsible for all applicable taxes, duties, and regulatory charges associated with services.
Accounts with overdue balances may be suspended until payment is received.
4. Cancellation and Refund Policy
Client may cancel certain recurring services by providing written notice to Baytech prior to the next billing cycle.
Unless a separate written agreement signed by Baytech expressly provides otherwise, cancellation requests must be submitted by email, support ticket, or other written method approved by Baytech. Cancellation shall not be effective until received and acknowledged by Baytech.
Because Baytech allocates personnel, software licenses, vendor resources, technical capacity, and production scheduling in reliance upon each client’s engagement, all fees paid to Baytech are earned as consideration for reserving capacity, initiating work, maintaining access to software, and providing ongoing availability of services.
Accordingly, except where prohibited by applicable law, all payments made to Baytech are non-refundable once charged or once work has commenced.
Without limiting the foregoing:
4.1 Recurring Subscriptions
All recurring service fees including subscription services, hosting services, CRM platforms, software access, maintenance services, automation platforms, and messaging services are non-refundable once billed.
If Client cancels after a billing cycle has begun, services may remain active through the end of the current paid term, but no full or partial refund or prorated reimbursement shall be issued.
4.2 Managed Marketing and Advertising Services
Fees paid for marketing services, consulting services, campaign strategy, advertising account configuration, optimization, reporting, AI setup, workflow creation, and campaign preparation are non-refundable.
Advertising spend paid directly to third-party platforms such as Google, Meta, Microsoft, or others is controlled by those platforms and cannot be refunded by Baytech unless the platform issues a refund directly.
4.3 Website Development and Programming
All fees for website design, website development, landing pages, coding, integrations, CRM builds, workflow automation, API connections, funnels, graphic design, branding, copywriting, database imports, migration services, and other custom work are non-refundable once work begins.
Client acknowledges that such work is customized and cannot be resold or reversed.
4.4 Setup and Onboarding Fees
All onboarding, implementation, setup, and launch fees are non-refundable once incurred.
These fees compensate Baytech for internal preparation, configuration, provisioning of services, and technical setup.
4.5 Software and Third-Party Platform Costs
Services that involve third-party software licenses, telecommunications services, domains, hosting systems, AI services, messaging infrastructure, or platform integrations may involve non-refundable vendor charges.
All such costs are non-refundable once incurred.
4.6 No Refund for Client Delay or Non-Use
Client shall not be entitled to refunds based on:
• Failure to use services
• Client delays in providing materials
• Delays in approvals or feedback
• Internal business changes
• Dissatisfaction with campaign timing
• Account inactivity
4.7 Chargebacks
Client agrees not to initiate chargebacks or payment disputes without first providing Baytech an opportunity to resolve the issue.
Chargebacks initiated in violation of this Agreement may result in immediate suspension of services and collection of associated costs.
5. Intellectual Property and Platform Ownership
All proprietary software, automation frameworks, marketing systems, documentation, processes, and digital infrastructure developed by Baytech remain the exclusive property of Baytech Companies, LLC.
Client receives a limited, non-exclusive license to access and use the services during the active term of the agreement.
Client may not:
• Reverse engineer software
• Copy proprietary systems
• Replicate Baytech platforms
• Redistribute platform technology
All rights not expressly granted remain the property of Baytech.
6. Client Content and Media Responsibility
Client may provide Baytech with materials, information, or media for use in connection with websites, marketing campaigns, CRM systems, advertisements, social media content, automation workflows, and other services performed by Baytech.
For purposes of this Agreement, all such materials shall be collectively referred to as “Client Content.”
Client Content may include, but is not limited to:
• Photographs and product images
• Logos, trademarks, and service marks
• Videos, audio recordings, and multimedia files
• Written content including marketing copy, descriptions, articles, and scripts
• Social media content and promotional materials
• Branding elements, color palettes, and design assets
• Customer databases, contact lists, and lead information
• Testimonials, endorsements, or case studies
• Graphics, illustrations, or digital artwork
• Documents, spreadsheets, or proprietary business materials
• AI-generated content supplied by the Client
• Any other digital or physical materials supplied by the Client for marketing, promotional, operational, or technical use
6.1 Client Ownership and Legal Authority
Client represents and warrants that it either:
-
Owns all rights, title, and interest in the Client Content; or
-
Has obtained all necessary licenses, permissions, releases, and legal authority required to authorize Baytech to use the Client Content for commercial purposes.
Such authorization includes the right for Baytech to use, reproduce, modify, publish, distribute, display, and transmit the Client Content in connection with the services being provided.
Client further represents that the Client Content does not violate:
• copyright laws
• trademark laws
• privacy rights
• rights of publicity
• intellectual property rights of third parties
• contractual restrictions
• advertising or consumer protection laws
6.2 No Obligation to Verify Ownership
Baytech acts as a technology and marketing service provider and relies entirely upon the representations made by the Client regarding the ownership and legality of Client Content.
Baytech does not independently verify the origin, ownership, or licensing status of Client Content.
Baytech shall have no obligation to:
• research copyright ownership
• confirm trademark registrations
• verify licensing agreements
• investigate rights of publicity
• audit third-party permissions
Client acknowledges that Baytech’s services rely upon the Client’s representations regarding the legality of all submitted materials.
6.3 Client Responsibility for Compliance
Client is solely responsible for ensuring that all Client Content complies with all applicable laws and regulations including but not limited to:
• United States copyright law
• trademark and intellectual property law
• advertising regulations
• consumer protection laws
• privacy and data protection laws
• telecommunications and messaging laws
Client is also responsible for ensuring that all Client Content complies with applicable policies of third-party platforms used in marketing campaigns, including advertising platforms, social media platforms, and messaging providers.
6.4 Indemnification for Client Content
Client agrees to defend, indemnify, and hold harmless Baytech Companies, LLC and its owners, officers, directors, employees, contractors, affiliates, successors, and agents from and against any and all claims, damages, liabilities, losses, settlements, judgments, penalties, costs, or expenses arising from the use of Client Content.
This includes but is not limited to claims involving:
• copyright infringement
• trademark infringement
• intellectual property disputes
• misappropriation of likeness or publicity rights
• unlawful marketing practices
• unauthorized use of images, music, video, or text
• misuse of customer data or contact information
Client agrees to reimburse Baytech for any legal fees, settlement costs, damages, or expenses incurred as a result of such claims.
6.5 Removal of Disputed Content
Baytech reserves the right, at its sole discretion, to remove or disable any Client Content if Baytech reasonably believes that such content may:
• violate intellectual property laws
• violate advertising platform policies
• create legal exposure for Baytech
• generate legal complaints or regulatory inquiries
Such removal shall not constitute a breach of this Agreement.
6.6 Service Provider Status
Client acknowledges that Baytech acts solely as a technical and marketing service provider utilizing materials supplied or approved by the Client.
Baytech shall not be considered the creator, publisher, owner, or legal originator of Client Content.
All legal responsibility for Client Content remains with the Client.
6.7 Survival of Obligations
The obligations contained in this section shall survive termination of this Agreement and remain enforceable with respect to any Client Content supplied during the course of services.
7. Image Licensing and Copyright Protection
Baytech maintains a policy of using only properly licensed images.
Images used in projects may originate from:
• Licensed stock image providers used by Baytech
• Images supplied directly by the Client
When Baytech supplies images, they will be sourced from commercially licensed media libraries.
Client may not extract or redistribute licensed images outside the intended project.
When Client supplies images, Client must confirm ownership or valid licensing.
Baytech may require written verification prior to using client-supplied images.
Client agrees to indemnify Baytech against all copyright claims relating to client-supplied images.
Baytech reserves the right to remove any disputed image immediately upon receiving notice of a claim.
8. Client Warranty of Originality
Client represents and warrants that all materials provided to Baytech are owned by Client or properly licensed for commercial use.
This warranty applies to:
• Photographs
• Logos
• Written content
• Graphics
• Video and audio
• Marketing materials
• AI-generated content supplied by Client
Client acknowledges that Baytech relies upon these representations.
Client agrees to defend and indemnify Baytech against any claims arising from such materials.
9. SMS, Messaging, and AI Communications Compliance
Baytech provides technology that allows communication through:
• SMS messaging
• MMS messaging
• Automated voice communication
• AI chat systems
• Marketing automation platforms
Client agrees to comply with all laws governing electronic communications including:
• TCPA
• CAN-SPAM
• FCC regulations
• CTIA messaging guidelines
• Carrier messaging policies
Client must obtain prior express consent before sending marketing messages.
All campaigns must allow recipients to reply:
STOP – to unsubscribe
HELP – for assistance
Client assumes full responsibility for all communications sent through Baytech systems.
10. Advertising Platforms and Account Management
Baytech may assist clients with advertising through third-party platforms including:
• Google Ads
• Facebook and Instagram advertising
• Microsoft Advertising
• LinkedIn advertising
• TikTok advertising
These platforms operate independently from Baytech.
Baytech does not control platform enforcement decisions, ad approvals, or account suspensions.
Baytech does not guarantee advertising performance or campaign results.
Client is responsible for ensuring that their products, claims, and marketing content comply with platform policies.
11. Third-Party Services and Platform Dependency
Baytech services rely on numerous third-party providers including:
• Cloud hosting providers
• Telecommunications carriers
• Messaging gateways
• Email delivery services
• Domain registrars
• Payment processors
• AI technology providers
Baytech does not control the reliability or operational decisions of such providers.
Client acknowledges that third-party service disruptions may occur.
12. Technology Infrastructure and Service Availability
Baytech services rely on internet-based technology systems that may experience interruptions.
Service disruptions may result from:
• server maintenance
• telecommunications outages
• cyber security incidents
• infrastructure failures
• third-party API outages
• platform updates
Baytech does not guarantee uninterrupted service availability.
Client acknowledges that such interruptions are inherent to internet-based systems.
13. Data Transmission and Security
Data transmitted through internet networks may be subject to delays or interception.
Baytech uses commercially reasonable security practices but cannot guarantee absolute data security.
Clients are responsible for maintaining backups of important data.
14. Limitation of Liability
To the maximum extent permitted by law, Baytech shall not be liable for:
• indirect damages
• consequential damages
• lost profits
• lost business opportunities
• marketing performance fluctuations
• platform outages
• data loss
Baytech’s maximum liability shall not exceed the total amount paid by the client for services during the twelve months preceding the claim.
15. Indemnification
Client agrees to defend, indemnify, and hold harmless Baytech Companies, LLC and its owners, employees, contractors, and affiliates from any claims arising from:
• Client content
• Marketing practices
• Messaging communications
• Advertising claims
• Copyright disputes
• Regulatory violations
16. Governing Law
This Agreement shall be governed by the laws of the State of Ohio.
Any disputes shall be resolved in courts located in Franklin County, Ohio.
17. Amendments
Baytech may update these Terms of Service at any time.
Continued use of services constitutes acceptance of the revised terms.
18. Entire Agreement
These Terms constitute the entire agreement between Baytech and Client regarding the services provided.
19. Acceptance of Terms
By purchasing or using Baytech services, Client acknowledges that they have read, understood, and agreed to these Terms of Service.
20. Dispute Resolution and Arbitration
In the event of any dispute, claim, controversy, or legal action arising out of or relating to the use of Baytech services, the parties agree to resolve such disputes according to the procedures outlined in this section.
20.1 Good Faith Negotiation
Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation.
The complaining party shall provide written notice describing the nature of the dispute and allow the other party at least thirty (30) days to attempt to resolve the matter.
20.2 Binding Arbitration
If a dispute cannot be resolved through negotiation, the parties agree that the dispute shall be resolved through binding arbitration rather than litigation in court.
Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or a comparable arbitration provider.
The arbitration shall take place in Franklin County, Ohio, unless both parties agree to conduct the arbitration remotely.
The arbitrator’s decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
20.3 Waiver of Jury Trial
By agreeing to these Terms of Service, both parties knowingly and voluntarily waive any right to a trial by jury in any dispute arising from the use of Baytech services.
20.4 Limitation on Class Actions
Client agrees that any dispute resolution proceedings shall be conducted on an individual basis only.
Client waives the right to participate in any class action, collective action, or representative legal proceeding against Baytech.
20.5 Venue and Governing Law
This Agreement shall be governed by the laws of the State of Ohio, without regard to conflict of law principles.
Any legal proceedings permitted under this Agreement shall be brought exclusively in the state or federal courts located in Franklin County, Ohio.
20.6 Recovery of Legal Fees
In any dispute arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, arbitration costs, and legal expenses incurred in enforcing this Agreement.
20.7 Survival of Dispute Resolution Terms
The provisions contained in this section shall survive termination of the Agreement and remain enforceable even after services have ended.
Baytech Companies, LLC
118 Graceland Blvd Ste 117
Columbus, OH 43214
info@baytechcompanies.com
888-374-0555