These Terms of Use (the "Terms") govern access to and use of behindthecurtain.ai and any related pages, forms, tools, chat experiences, scheduling flows, content, and services that link to these Terms (collectively, the "Site"). The Site is operated by Behind The Curtain™ ("BTC," "we," "us," or "our").
Contact: [email protected]
"User" means any individual or entity accessing or using the Site, including representatives acting for a company.
"Content" means all text, graphics, designs, audio, video, code, data, downloads, templates, and other materials made available on or through the Site.
"User Submissions" means information and materials submitted through the Site (including forms, applications, messages, uploads, scheduling inputs, and chat interactions).
"Partners" means third parties that BTC may work with, including vendors, service providers, affiliates, and business partners.
The Site is intended for business use. By using the Site, User represents that:
The Site provides information about BTC, its systems, and related content. The Site does not provide legal, tax, accounting, investment, insurance, medical, or other regulated professional advice. Any Content is provided for general informational purposes only and may not reflect the most current developments.
No reliance: Decisions made based on the Site are the responsibility of User. Professional guidance should be obtained from qualified advisors where appropriate.
Access to or use of the Site, communications through the Site, or submission of any form does not create any fiduciary, agency, partnership, employment, or professional-client relationship between BTC and User. Any relationship (if any) must be set forth in a separate written agreement signed by BTC.
By submitting any form or User Submission on the Site, User (and the company represented) expressly authorizes BTC and its Partners to contact the provided email address and phone number(s) for purposes related to the inquiry, qualification, and business operations, including by email, call, and text/SMS, and using automated technology and AI-assisted systems where permitted by law.
BTC's Privacy Policy is incorporated into these Terms by reference and governs the collection, use, and disclosure of information. In the event of a conflict, these Terms govern access/use and the Privacy Policy governs data practices.
The Site and all Content are owned by or licensed to BTC and are protected by intellectual property laws.
Except as expressly permitted by BTC in writing, User may not:
Limited license: BTC grants User a limited, non-exclusive, non-transferable, revocable license to access and use the Site for legitimate business evaluation purposes in accordance with these Terms.
User agrees not to:
BTC may investigate and take any action deemed appropriate, including suspending or terminating access and cooperating with law enforcement.
User is responsible for User Submissions and represents that submissions are accurate and do not violate any rights or laws.
License to BTC: User grants BTC and its Partners a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify (for formatting), analyze, and otherwise process User Submissions to operate the Site, evaluate fit, communicate, provide services (if applicable), maintain records, and for internal business purposes, subject to applicable law and the Privacy Policy.
BTC is not obligated to accept, review, publish, or respond to any User Submission.
The Site may reference or link to third-party websites, tools, or platforms. BTC does not control third parties and is not responsible for their content, policies, performance, or availability. Use of third-party services is at User's own risk and subject to the third party's terms.
BTC does not warrant that:
To the fullest extent permitted by law, BTC (including its owners, affiliates, Partners, officers, directors, employees, contractors, agents, successors, and assigns) will not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or related to:
No indirect damages: In no event will BTC be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, business interruption, or procurement of substitute services, even if advised of the possibility.
Aggregate cap: To the fullest extent permitted by law, BTC's total liability for any claim relating to the Site or these Terms will not exceed $100.
Some jurisdictions do not allow certain limitations; in that case, limitations apply to the maximum extent permitted by law.
User assumes total responsibility for any damages that may result from access to the Site or use of any links, including damage resulting from viruses, malware, or computer problems, and for any repair/replacement of computers, devices, servers, or data, and any time lost due to such damages.
User agrees to indemnify, defend, and hold harmless BTC and its affiliates and Partners from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
BTC may modify, suspend, or discontinue the Site at any time. BTC may also update these Terms at any time. The "Last Updated" date controls.
Continued use of the Site after changes constitutes acceptance of the updated Terms.
BTC may terminate or suspend access to the Site at any time, with or without notice, for any lawful reason. Sections that by their nature should survive will survive, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
Before filing any claim, the parties agree to attempt in good faith to resolve the dispute by contacting [email protected] with a brief description and the requested resolution.
If not resolved, the parties agree to attempt mediation via live video for at least 30 minutes, with each party bearing its own costs and splitting the mediator's fee equally.
If still unresolved, any dispute arising out of or relating to these Terms or the Site will be resolved by binding, individual arbitration administered by JAMS (or another reputable provider if JAMS is unavailable) under the provider's applicable rules.
All claims must be brought in the parties' individual capacity. No class actions, collective actions, private attorney general actions, or representative proceedings are permitted. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
Either party may bring an individual action in small claims court if eligible, provided it remains an individual action.
Nothing prevents BTC from seeking injunctive or equitable relief in court to protect intellectual property, confidential information, or to prevent unauthorized access, scraping, or misuse.
If this arbitration provision is found unenforceable, then disputes will be resolved exclusively in courts of competent jurisdiction as described in Section 18 (Choice of Law & Venue), and the class action waiver remains enforceable to the fullest extent permitted by law.
These Terms are governed by the laws of the jurisdiction in which BTC is organized, without regard to conflict of law principles, except where federal law applies (including the Federal Arbitration Act).
If a dispute is permitted to proceed in court (including to enforce an arbitration award or obtain injunctive relief), venue will be in a court of competent jurisdiction selected by BTC, and User consents to personal jurisdiction there to the fullest extent permitted by law.
BTC respects intellectual property rights. If a copyright owner believes Content on the Site infringes copyright, a notice may be sent to [email protected] with:
BTC may remove or disable access to material and may notify the submitting party where appropriate.
User consents to receive communications electronically (including email, notices, and disclosures). This consent applies to all interactions related to the Site and these Terms.