Terms and Conditions

Be Mobile Labs Effective date: 9 June 2023
Last updated: 9 September 2026

These Terms and Conditions ("Terms") are a legal agreement between you and Be Mobile Labs LLC ("Be Mobile Labs", "we", "us" or "our"). They govern your use of https://www.bemobilelabs.com (the "Site"), our software products, applications, integrations and AI agents ("Our Apps"), and the design, development, automation, AI and related professional services we provide ("Professional Services"). The Site, Our Apps and Professional Services are together the "Services".

By accessing the Site, creating an account, connecting a third-party platform, signing a proposal or otherwise using the Services, you agree to these Terms and to our Privacy Policy at https://www.bemobilelabs.com/privacy-policy. If you are using the Services on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and "you" refers to it. If you do not agree, do not use the Services.

Please read Sections 14 (Disclaimers), 15 (Limitation of liability) and 18 (Governing law and disputes) carefully. They limit our liability and affect how disputes are resolved.

1. WHO WE ARE

Be Mobile Labs is a digital product studio that designs and builds websites, mobile applications, custom software, workflow automations and AI voice and chat agents for business clients.

• Legal entity: Be Mobile Labs LLC, a Delaware limited liability company

• Registered address: 254 Chapman Rd, Ste 208 #22568, Newark, Delaware 19702, United States

• Email: info@bemobilelabs.com

• Phone: +1 (213) 222-6298

2. ELIGIBILITY

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are offered to businesses and professionals; they are not directed at children. By using the Services you confirm that you meet these requirements and that you are not barred from using them under any applicable law or sanctions programme.

3. THE SERVICES

3.1 The Site

The Site describes our work and lets you contact us, request quotes, book meetings and subscribe to updates. Case studies, figures and testimonials on the Site describe past projects; results vary and are not a promise of results for your project.

3.2 Professional Services

Professional Services are provided under a proposal, statement of work, quote or order form that we issue and you accept in writing, by email or by paying a deposit (each an "SOW"). Each SOW is incorporated into these Terms. If an SOW conflicts with these Terms, the SOW prevails for that engagement.

3.3 Our Apps

Our Apps include software we host for you (for example a CRM, dashboard or AI agent), mobile applications, and integrations with third-party platforms such as Meta, Google, LinkedIn and X. Additional terms may apply to a specific app and will be presented when you sign up.

3.4 Changes to the Services

We may modify, suspend or discontinue any part of the Services at any time. We will give reasonable notice of material changes to Our Apps that you pay for, and you may terminate under Section 17 if a change materially reduces the service you are paying for.

4. ACCOUNTS AND SECURITY

• You must provide accurate, complete information when creating an account and keep it up to date.

• You are responsible for all activity under your account and for keeping your credentials confidential. Notify us immediately at info@bemobilelabs.com of any unauthorised use.

• You may not share accounts, use another person's account or create accounts by automated means.

• We may suspend or terminate accounts that violate these Terms or present a security risk.

5. ACCEPTABLE USE

You agree not to, and not to allow others to:

1. Use the Services in violation of any law, regulation or third-party right, including privacy, consumer protection, telemarketing, anti-spam and intellectual property laws.

2. Upload or transmit malware, or attempt to probe, scan, bypass or breach any security or authentication measure.

3. Interfere with the operation of the Services, including by overloading, scraping, crawling or reverse engineering them, except where the law permits.

4. Use Our Apps or AI agents to send unsolicited communications, to make calls or send messages without the consents required by the TCPA, CAN-SPAM, GDPR, ePrivacy rules or equivalent laws, or to contact people who have opted out.

5. Use AI agents to impersonate a human where disclosure is required, to deceive, harass, threaten or defraud anyone, or to collect sensitive information without a lawful basis.

6. Use the Services to make decisions about credit, employment, housing, insurance, education or benefits eligibility, or for surveillance, unless the SOW expressly provides for it with appropriate safeguards.

7. Use data obtained through a third-party platform integration in any way that violates that platform's terms (see Section 9).

8. Resell, sublicense or provide the Services to third parties except as expressly permitted in an SOW.

9. Remove or alter any proprietary notice, or use our name, logos or trademarks without written permission.

10. Upload content that is unlawful, defamatory, obscene, infringing, or that you do not have the right to share.

We may investigate suspected violations, remove content, suspend access and report to law enforcement.

6. PROFESSIONAL SERVICES TERMS

6.1 Scope and changes

The SOW defines the deliverables, timeline, assumptions and fees. Work outside the SOW is a change request and will be quoted separately. We may reasonably adjust timelines when you delay providing content, feedback, approvals or access, or when third-party platforms change.

6.2 Your responsibilities

You will provide timely content, brand assets, credentials, approvals and a single point of contact with authority to make decisions. You are responsible for the accuracy and legality of the material you provide, including having the rights to use any images, text, fonts, data and third-party accounts.

6.3 Approvals and acceptance

Deliverables are deemed accepted when you approve them in writing, put them into production use, or fail to report a material non-conformity within 10 business days of delivery. We will correct material non-conformities reported within that period at no additional charge.

6.4 Fees and payment

• Fees are stated in the SOW in US dollars unless otherwise stated, exclusive of taxes. You are responsible for sales, VAT, GST, withholding and similar taxes other than taxes on our income.

• Unless the SOW says otherwise, projects require a non-refundable deposit of 50% before work starts, with the balance due on the milestones stated in the SOW and in any case before final files, source code or credentials are released.

• Invoices are due within 14 days. Late amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may pause work and withhold deliverables until payment is received.

• Recurring fees for Our Apps, hosting, maintenance or support are billed in advance and renew automatically until cancelled under Section 17.

• Third-party costs (for example app store fees, domain names, hosting, telephony minutes, AI model usage, ad spend and licences) are payable by you and may be billed at cost plus a handling fee stated in the SOW.

6.5 Cancellation of a project

You may cancel an engagement on written notice. You will pay for work performed and non-cancellable costs incurred up to the cancellation date, and deposits are non-refundable. We may cancel an engagement if you materially breach the SOW or these Terms and fail to cure within 14 days of notice.

6.6 Timelines

Timelines are estimates given in good faith. We are not liable for delays caused by you, your vendors, third-party platforms, app store review processes or events outside our reasonable control.

6.7 Third-party materials and open source

Deliverables may include third-party components, fonts, plugins, templates and open-source software licensed under their own terms, which you agree to comply with. We will identify material third-party components on request.

7. INTELLECTUAL PROPERTY

7.1 Client deliverables

Upon receipt of full payment of all fees due under an SOW, we assign to you the intellectual property rights in the final deliverables created specifically for you under that SOW (for example your custom designs, front-end code and content), excluding the items in Section 7.2. Until then, we grant you a limited, revocable licence to use the deliverables for review and testing only.

7.2 Our pre-existing materials

We retain all rights in our pre-existing and independently developed materials, including frameworks, libraries, components, automation templates, prompts, agent configurations, methodologies, tools, know-how and generic code ("Studio Materials"). To the extent Studio Materials are incorporated into deliverables, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use them as part of the deliverables.

7.3 Our Apps

Our Apps are licensed, not sold. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use Our Apps for your internal business purposes. All rights not expressly granted are reserved.

7.4 Your content

You retain ownership of the content, data and materials you provide or generate through the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, display and modify Your Content as needed to provide the Services, to comply with law and to improve the Services in a de-identified form.

7.5 Portfolio and publicity

Unless the SOW says otherwise, we may identify you as a client and display non-confidential deliverables (for example screenshots, descriptions and outcome figures) in our portfolio, case studies, proposals and marketing. You may withdraw this permission for future use by writing to us.

7.6 Feedback

If you send us suggestions or feedback, we may use it without restriction or compensation.

7.7 Trademarks

"Be Mobile Labs", our logo and product names are our trademarks. You may not use them without our prior written consent.

8. AI AGENTS AND AUTOMATED COMMUNICATIONS

Some of Our Apps use artificial intelligence to hold conversations by phone, text, chat or email on your behalf ("AI Agents"). If you deploy an AI Agent:

1. Disclosure and consent: you are responsible for ensuring that the AI Agent discloses that it is automated where the law requires, that call recording notices and consents are obtained, that outbound calls and messages have the consents required by the TCPA, state telemarketing laws, CAN-SPAM, the GDPR and ePrivacy rules, and that opt-out requests are honoured. Our AI Agents include default disclosures and opt-out handling, but you must confirm they meet the requirements in the places you operate.

2. Outputs: AI Agents generate responses probabilistically and may produce inaccurate, incomplete or inappropriate output. You must review the agent's configuration, test it before launch, keep a human escalation path, and not rely on the agent for medical, legal, financial or safety-critical advice or decisions.

3. Sensitive data: you will configure AI Agents so they do not collect payment card data, government identifiers, health information or other sensitive data unless the SOW provides for it with appropriate safeguards.

4. Model providers: AI Agents rely on third-party AI model, speech and telephony providers. We use them under terms that prohibit training on your data, but their availability, pricing and behaviour are outside our control and may change.

5. Usage limits: telephony minutes, messages and AI usage are metered and billed as stated in the SOW or app pricing. We may throttle usage that exceeds plan limits or that appears abusive.

6. Responsibility: you are responsible for the AI Agent's use, for the instructions and knowledge you provide to it, and for the consequences of the conversations it holds on your behalf, except to the extent caused by our breach of these Terms.

9. THIRD-PARTY PLATFORM INTEGRATIONS

Our Apps and Professional Services may connect to third-party platforms, including Meta (Facebook, Instagram, Messenger, WhatsApp), Google, LinkedIn, X, app stores, CRMs, payment providers, telephony and automation platforms ("Platforms").

1. Your use of a Platform is governed by that Platform's own terms and policies, including the Meta Platform Terms, Google API Services User Data Policy, LinkedIn API Terms of Use and X Developer Agreement and Policy. You agree to comply with them, and you authorise us to access and use your Platform accounts and data as needed to provide the Services.

2. You confirm that you own or are authorised to connect each Platform account, Page, ad account or business asset that you connect.

3. Platforms may change or withdraw their APIs, permissions, review outcomes or terms at any time. We are not responsible for changes, outages, account restrictions, ad disapprovals or data loss caused by a Platform, though we will use reasonable efforts to adapt the Services.

4. You can disconnect a Platform at any time in the app settings or the Platform's settings. Disconnecting stops the related features and triggers deletion of Platform data as described in our Privacy Policy.

5. We are not affiliated with, endorsed by or sponsored by any Platform.

10. DATA PROTECTION

Our Privacy Policy describes how we handle personal information. Where we process personal information on your behalf as a processor or service provider, our Data Processing Addendum (available on request at info@bemobilelabs.com) applies and forms part of these Terms. You are responsible for having a lawful basis and any required notices and consents for the personal information you provide to us or collect through the Services, and for responding to data subject requests relating to your customers, with our reasonable assistance.

11. CONFIDENTIALITY

Each party will keep the other's non-public business, technical and financial information confidential, use it only for the purposes of the Services, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, already known to the recipient, independently developed, or lawfully received from a third party. A party may disclose confidential information when required by law after giving notice where permitted. These obligations survive for 3 years after the engagement ends, and indefinitely for trade secrets and personal information.

12. PAYMENS THROUGH THE SITE AND OUR APPS

Payments are processed by third-party payment processors (currently Stripe). By providing a payment method you authorise us and the processor to charge the fees due. You represent that you are authorised to use the payment method. Subscriptions renew automatically at the then-current price until cancelled. Except as required by law or stated in an SOW, fees are non-refundable. Where a refund is agreed, it is issued to the original payment method within 10 business days.

13. SUPPORT, AVAILABILITY AND MAINTENANCE

• We target 99.5% monthly availability for hosted Our Apps, excluding scheduled maintenance (notified in advance where practicable), emergency maintenance, and outages caused by Platforms, hosting providers, your systems or events outside our reasonable control.

• Support is provided by email during business hours (Monday to Friday, 9:00 to 18:00 Pacific Time, excluding public holidays) unless a support plan in the SOW provides otherwise.

• Post-launch maintenance, updates for new operating system and Platform versions, and security patches are included only if the SOW or a maintenance plan says so.

14. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE, THAT ANY BUSINESS OUTCOME (SUCH AS LEADS, BOOKINGS, RANKINGS, REVENUE OR COST SAVINGS) WILL BE ACHIEVED, OR THAT THIRD-PARTY PLATFORMS WILL APPROVE, CONTINUE OR SUPPORT ANY INTEGRATION. CASE STUDIES AND STATISTICS ON THE SITE ARE ILLUSTRATIVE OF PAST WORK ONLY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

2. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US UNDER THE APPLICABLE SOW OR SUBSCRIPTION IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

3. THESE LIMITATIONS DO NOT APPLY TO A PARTY'S INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY, INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY, YOUR PAYMENT OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY.

16. INDEMNIFICATION

You will defend, indemnify and hold harmless Be Mobile Labs and its owners, employees, contractors and affiliates from and against any claims, damages, losses, fines, penalties and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content and materials you provide; (b) your use of the Services, AI Agents or Platform integrations in violation of these Terms, Platform terms or applicable law, including telemarketing, anti-spam and privacy laws; (c) your products, services and business; or (d) your breach of these Terms.

We will defend and indemnify you against third-party claims that the deliverables we created, as delivered and used in accordance with the SOW, infringe a third party's US intellectual property rights, excluding claims arising from Your Content, third-party components, Platform features, your modifications, or use in combination with items we did not supply. If a claim arises we may modify or replace the affected deliverable, obtain a licence, or refund the fees paid for it and terminate the affected licence.

The indemnified party must promptly notify the indemnifying party of the claim, give it control of the defence and settlement (no settlement may impose obligations on the indemnified party without its consent), and provide reasonable cooperation.

17. TERM AND TERMINATION

• These Terms apply from the moment you first use the Services and continue until terminated.

• You may stop using the Site at any time. Subscriptions to Our Apps can be cancelled in the app settings or by written notice, taking effect at the end of the current billing period. Professional Services engagements are cancelled under Section 6.5.

• We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay, create legal or security risk, or if a Platform requires it. Otherwise we may terminate an app subscription on 30 days' notice.

• On termination: your licence to Our Apps ends; you must pay all amounts due; you may export Your Content from Our Apps for 30 days after termination, after which we may delete it in line with our Privacy Policy; and Sections 7, 10, 11, 14, 15, 16, 18 and 19 survive.

18. GOVERNING LAW AND DISPUTES

• These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

• Informal resolution: before starting formal proceedings, the parties will try in good faith to resolve any dispute by written notice and a discussion between senior representatives within 30 days.

• Courts: the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party consents to that jurisdiction and venue.

• Either party may seek urgent injunctive relief in any competent court.

• If you are a consumer in the EU or UK, you retain the benefit of any mandatory consumer protections of your country of residence.

19. GENERAL

• Entire agreement: these Terms, the Privacy Policy, any SOW and any app-specific terms are the entire agreement between us regarding the Services and supersede all prior discussions.

• Order of precedence: SOW, then app-specific terms, then these Terms, then the Privacy Policy, unless the SOW states otherwise.

• Changes to these Terms: we may update these Terms by posting a new version on the Site with a new "Last updated" date and, for material changes affecting paid services, by giving at least 14 days' notice by email or in-app. Changes do not apply retroactively to an SOW already signed. Continued use after the effective date means you accept the updated Terms.

• Force majeure: neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, internet or utility failures, Platform outages or government action, other than payment obligations.

• Assignment: you may not assign these Terms without our written consent. We may assign them to an affiliate or a successor in a merger, acquisition or sale of assets.

• Independent contractors: the parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.

• Non-solicitation: during an engagement and for 12 months after, neither party will solicit for employment the other's staff who worked on the engagement, without consent. General job advertisements are not solicitation.

• Notices: notices to us must be sent to info@bemobilelabs.com or the registered address above. Notices to you may be sent to the email address on your account or SOW.

• Severability: if any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect.

• Waiver: a failure to enforce a provision is not a waiver of the right to enforce it later.

• Export and sanctions: you will comply with US export control and sanctions laws and will not use the Services in embargoed countries or for prohibited end uses.

• Copyright complaints: if you believe content on the Site infringes your copyright, send a notice meeting the requirements of the Digital Millennium Copyright Act to info@bemobilelabs.com with "DMCA notice" in the subject line.

• Electronic communications: you consent to receive communications from us electronically, and agree that electronic agreements, notices and records satisfy any legal requirement that they be in writing.

• Language: these Terms are written in English. Any translation is for convenience only.

20. CONTACT

Be Mobile Labs LLC 254 Chapman Rd, Ste 208 #22568, Newark, Delaware 19702, United States Email: info@bemobilelabs.com Phone: +1 (213) 222-6298

Privacy Policy: https://www.bemobilelabs.com/privacy-policy Data Deletion Instructions: https://www.bemobilelabs.com/data-deletion