Terms of Service

Symbiont, LLC ("Symbiont," "we," "us," or "our"), a limited liability company, provides an artificial intelligence-powered conversational interface system for businesses across multiple industries (the "Service"), facilitating informational exchanges between participating businesses (each, a "Client Business") and their website visitors. Through any interaction with the Service, including but not limited to:

• Engaging with the chatbot widget interface;
• Submitting inquiries through the Service;
• Accessing information provided by the Service;
• Utilizing any features or functionalities offered through the Service; or
• Permitting the Service to collect interaction data for service improvement

You ("You," "Your," or "User," including any entity or individual you represent) acknowledge and agree to be bound by these Terms of Service (the "Terms"). These Terms constitute a legally enforceable agreement governing Your access to and use of the Service and all interactions with Client Businesses and Symbiont. Symbiont operates as a technology service provider to Client Businesses, and all interactions You have through the Service are processed by Symbiont on behalf of the Client Business. Symbiont reserves the right to modify these Terms at any time without prior notice. Your continued use of the Service constitutes acceptance of the Terms as published at the time of use.

1. NATURE OF SERVICES

The Service is currently deployed across multiple industries including but not limited to automotive, pool construction, home services (roofing, plumbing, HVAC), solar, and other consumer service businesses. The same general terms apply regardless of Client Business vertical.

Symbiont does not engage in the sale, lease, financing, maintenance, or distribution of any products or services. Symbiont provides an AI-powered informational interface that facilitates communication between Client Businesses and their website visitors. Any business relationships, transactions, or agreements You may enter into are exclusively between You and the Client Business. Symbiont is not a party to, and assumes no responsibility for, any agreements or transactions between You and any Client Business.

The Service utilizes advanced language models and artificial intelligence technologies to provide contextually relevant information based on available data. However, Symbiont does not guarantee the accuracy, completeness, or currency of any information provided through the Service. Information displayed through the Service, including but not limited to product or service specifications, pricing, availability, or business information, is subject to change without notice and should be independently verified. You acknowledge that You use such information at Your own risk and discretion.

Symbiont may integrate with third-party services, databases, and information providers ("Integration Partners") to enhance the Service's capabilities. Symbiont disclaims any responsibility for the accuracy, reliability, or appropriateness of content provided by Client Businesses or Integration Partners.

1.5 BUSINESS RELATIONSHIP AND LIABILITY LIMITATIONS

Independent Third-Party Businesses

Symbiont is a technology service provider only. We are NOT:

• A retailer, contractor, installer, home-service business, or product manufacturer
• An agent, representative, or affiliate of any Client Business
• A party to any transaction or sales agreement
• Responsible for the business practices, licensing, or regulatory compliance of Client Businesses
• A co-venturer, partner, or joint enterprise with any Client Business

Client Business Control of Content

Client Businesses control and are solely responsible for:

• All product, service, and catalog data provided to the Service
• Pricing, availability, and product or service condition information
• Sales practices and customer interactions
• Compliance with all applicable industry regulations and licensing requirements
• Accuracy of information they provide for AI training
• Their business operations and policies

No Liability for Client Business Conduct

You agree that Symbiont is NOT responsible for:

• Product or service quality, condition, or fitness for purpose
• Client Business misrepresentations, fraud, or deceptive practices
• Pricing errors or bait-and-switch tactics
• Discrimination or unfair treatment by Client Businesses
• Failure to honor quoted prices or terms
• Client Business violations of consumer protection or industry-specific laws
• Post-transaction disputes, warranty issues, or workmanship claims

Direct Claims Against Client Businesses

ANY claims related to purchases, Client Business conduct, pricing disputes, or sales practices must be brought directly against the Client Business, not against Symbiont. You waive any claims against Symbiont for matters within the Client Business's control or arising from Client Business conduct.

1.6 NO RELIANCE ON SERVICE CONTENT

Independent Verification Required

You represent, warrant, and agree that:

• You are NOT relying on any information provided by the Service for any purpose
• You will independently verify ALL information with the Client Business before making any decisions
• You understand the Service provides general information only, not personalized advice
• Any decisions you make are based on your own independent investigation and judgment
• You will NOT make purchasing decisions based solely on Service interactions
• You acknowledge that AI-generated content is inherently unreliable

Waiver of Reliance-Based Claims

You specifically waive any claims based on:

• Detrimental reliance on Service content
• Promissory estoppel or equitable estoppel
• Negligent misrepresentation
• Fraudulent inducement (except where Symbiont acts with actual malice)
• Consumer fraud based on Service-provided information

Acknowledgment of Understanding

This No Reliance provision is a material term of these Terms. By using the Service, you acknowledge that you understand this limitation and that you would not use the Service if you intended to rely on its content for any material decisions.

1.7 FLORIDA CONSUMER PROTECTION NOTICE

Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

As a Florida-based company, Symbiont is subject to the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. You have rights under this statute if you believe Symbiont has engaged in unfair or deceptive trade practices.

Your Rights Under FDUTPA

If you believe Symbiont has violated FDUTPA, you may have the right to:

• File a complaint with the Florida Attorney General's Office
• Seek actual damages in a private legal action
• Recover attorney's fees and court costs if successful
• Seek injunctive relief to stop unlawful practices

Florida Attorney General Contact

To file a consumer complaint:
Florida Attorney General's Office
Consumer Protection Division
Phone: 1-866-966-7226
Website: www.myfloridalegal.com

Disclaimer of Deceptive Practices

Symbiont makes the following representations to comply with FDUTPA:

• We do not intentionally make false or misleading statements about our Service
• We clearly disclose the AI nature of our chatbot technology
• We do not guarantee specific results or accuracy of AI-generated responses
• We clearly state that users must verify all information independently
• We do not engage in bait-and-switch tactics or hidden fee schemes
• We provide clear notice of data collection and recording practices

Statute of Limitations

Claims under FDUTPA must be brought within four (4) years from when the violation occurred or when you discovered (or reasonably should have discovered) the violation.

2. ACCEPTABLE USE POLICY

Permitted Use

You may utilize the Service solely for legitimate informational purposes related to business inquiries and Client Business services. The Service is intended for personal, non-commercial use unless otherwise authorized in writing by Symbiont.

Data Collection and Storage

By engaging with the Service, You acknowledge that Symbiont may collect, store, and analyze conversation transcripts, interaction patterns, and usage data. This data may be used to improve Service quality, develop new features, and provide analytics to Client Businesses.

Content Responsibility

You acknowledge that the Service may present content from various sources that could potentially be deemed inappropriate, inaccurate, or objectionable. While Symbiont implements reasonable content moderation measures, we cannot guarantee the appropriateness of all content and disclaim liability for any offensive or objectionable material You may encounter.

Prohibited Activities

You expressly agree NOT to:

• Attempt to circumvent, disable, or interfere with security features of the Service;
• Reverse engineer, decompile, disassemble, or attempt to discover the source code or algorithms of the Service;
• Use automated systems, bots, or scripts to interact with the Service beyond normal usage patterns;
• Transmit viruses, malware, or any code of a destructive or disruptive nature;
• Violate any applicable laws, regulations, or third-party rights;
• Impersonate any person or entity or misrepresent Your affiliation with any organization;
• Use the Service to collect, harvest, or compile information about other users;
• Engage in any activity that could damage, disable, or impair the Service's functionality;
• Upload, transmit, or distribute content that is unlawful, defamatory, obscene, or invasive of privacy;
• Use the Service for any fraudulent, misleading, or deceptive purposes;
• Attempt to gain unauthorized access to any systems, data, or networks;
• Redistribute, sublicense, or commercialize any aspect of the Service without authorization.

Indemnification

You agree to defend, indemnify, and hold harmless Symbiont, its members, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from Your use of the Service, Your violation of these Terms, Your violation of any rights of third parties, or any content You submit through the Service.

3. INTELLECTUAL PROPERTY

Proprietary Rights

The Service, including all associated software, algorithms, user interfaces, designs, content, and documentation ("Proprietary Materials"), contains proprietary and confidential information protected by intellectual property laws. All rights, title, and interest in the Proprietary Materials remain with Symbiont or its licensors.

License Grant

Subject to Your compliance with these Terms, Symbiont grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes.

User Content

Any content, feedback, suggestions, or information You provide through the Service ("User Contributions") becomes the property of Symbiont. You grant Symbiont an irrevocable, worldwide, royalty-free license to use, modify, reproduce, and distribute User Contributions for any purpose.

Trademarks

Symbiont's name, logo, and related marks are proprietary trademarks. You may not use these marks without express written permission.

4. PRIVACY AND DATA PROTECTION

Age Restrictions

The Service is not intended for individuals under 18 years of age.

Explicit Data Collection Consent

Privacy Policy Integration

Our complete data practices are detailed in our Privacy Policy, which is incorporated by reference into these Terms and is legally binding. You must review and accept both documents to use the Service.

Communications Consent

By providing contact information through the Service, You may receive communications from Symbiont or Client Businesses related to your inquiries and use of the Service. Symbiont does not send recurring promotional marketing messages through this Service.

5. DISCLAIMERS AND LIMITATIONS

NO WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. Symbiont EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Symbiont DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

AI-SPECIFIC DISCLAIMERS

You acknowledge that the Service utilizes artificial intelligence technologies that may produce unexpected, inaccurate, or inappropriate responses. Symbiont does not guarantee the accuracy, reliability, or appropriateness of AI-generated content and recommends independent verification of all information provided through the Service.

DATA SECURITY AND BREACH DISCLAIMER

6. DISPUTE RESOLUTION

Mandatory Arbitration

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org). The arbitration shall be conducted by a single arbitrator in Manatee County, Florida, unless otherwise agreed by the parties.

Exceptions to Arbitration

Notwithstanding the mandatory arbitration provision above, the following disputes are NOT subject to arbitration and may be brought in court:

• Claims seeking injunctive relief to protect intellectual property rights
• Claims that qualify for small claims court jurisdiction (under $8,000 in Florida)
• Claims by the Florida Attorney General or other government agencies
• Claims related to alleged criminal conduct

Arbitration Procedures & Costs

Initiating Arbitration: To begin arbitration, send written notice to Symbiont at legal@symbiont.chat describing your claim. We will respond within 30 days.

AAA Rules: Arbitration will be conducted under the American Arbitration Association's Consumer Arbitration Rules, not the Commercial Arbitration Rules.

Arbitration Costs:

• For claims under $10,000: Symbiont will pay all AAA filing, administration, and arbitrator fees
• For claims of $10,000 or more: Fees will be allocated according to AAA rules
• Each party is responsible for its own attorney's fees, unless the arbitrator awards fees to the prevailing party

Arbitrator's Authority: The arbitrator may award any relief that would be available in court, including monetary damages, injunctive relief, and declaratory relief, but is bound by these Terms (including the limitation of liability).

Opt-Out Right (30 Days)

Delegation to Arbitrator

Class Action Waiver

You agree that all disputes shall be resolved on an individual basis and waive any right to participate in class action lawsuits or class arbitrations.

Injunctive Relief

Notwithstanding the arbitration provisions, Symbiont may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm or protect intellectual property rights.

Limitations Period

Any claims must be brought within one (1) year after the cause of action arises, or such claims shall be permanently barred.

7. GENERAL PROVISIONS

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Symbiont, LLC is a Florida limited liability company with its principal place of business in University Park, Florida. All disputes subject to arbitration under Section 6 shall be arbitrated in Manatee County, Florida.

Florida Consumer Protection Laws Apply: You acknowledge that Florida consumer protection statutes, including the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq., apply to this agreement and your use of the Service.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between You and Symbiont regarding the Service and supersede all prior agreements and understandings.

Maximum Severability & Reformation

If any provision of these Terms is found invalid or unenforceable:

1. All other provisions remain in full force and effect
2. The invalid provision shall be reformed (rewritten by the court or arbitrator) to be valid while preserving our intent to the maximum extent possible
3. If reformation is impossible, the provision is severed without affecting other provisions
4. Severance of one provision does NOT affect the enforceability of the arbitration clause or limitation of liability
5. Each section, paragraph, sentence, and clause is independently severable

Special Protections: If the arbitration clause is found invalid, you still waive all rights to class actions and jury trials in any court proceeding. If the $100 liability cap is found invalid for one type of claim, it remains valid and enforceable for all other claim types.

Assignment

You may not assign or transfer Your rights under these Terms without Symbiont's prior written consent. Symbiont may assign these Terms without restriction.

Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by Symbiont.

Force Majeure

Symbiont shall not be liable for any delay or failure in performance due to circumstances beyond its reasonable control.

Survival

Provisions relating to intellectual property, indemnification, disclaimers, limitations of liability, and dispute resolution shall survive termination of these Terms.

8. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms or the Service, please contact:

By using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.