Terms & Conditions

1. Who We Are & Eligibility

Bakken AI LLC is a North Dakota limited liability company providing AI-powered automation, customer-communication, and marketing services to businesses. You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.

2. The Services

We provide software, AI agents, automation workflows, and related professional services. Our website and general information are provided for your use subject to these Terms. Paid, client-specific engagements are additionally governed by a separate written agreement (see Section 3). We may modify, suspend, or discontinue any part of the Services at any time, and we are not liable to you for doing so, except as provided in a signed client agreement.

3. Client Engagements & Order of Precedence

If you engage Bakken AI for paid services, that engagement is governed by a separate written services agreement and any applicable statement of work ("Client Agreement"). These Terms apply to your general use of the website and Services, but if these Terms conflict with a signed Client Agreement, the signed Client Agreement controls for that engagement. Nothing on our website or in these Terms is an offer or guarantee of specific results.

4. SMS / Text Messaging Terms

Consent & Program Description

By providing your mobile number and opting in, you agree to receive text messages from Bakken AI LLC (or from our clients using our platform) related to the purpose you consented to — such as appointment reminders, account and service notifications, lead follow-ups, and, where you separately consent, marketing messages.

Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies.

Opt-out: Reply STOP at any time to unsubscribe. Reply HELP for assistance. We honor opt-out requests promptly.

We do not sell or share your mobile number or opt-in information with third parties for their own marketing. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your data.

5. Acceptable Use

You agree not to: (a) use the Services for any unlawful, harmful, or fraudulent purpose; (b) send messages to any person who has not properly consented, or otherwise violate TCPA, CAN-SPAM, or other communications or privacy laws; (c) upload or transmit malware or interfere with the Services' operation or security; (d) attempt to gain unauthorized access to any system or account; (e) reverse engineer, resell, or misuse the Services except as expressly permitted; or (f) infringe the intellectual property or privacy rights of others. You are responsible for the lawfulness of any contacts, lists, and content you provide.

6. Your Content & Data

You retain ownership of the content and data you provide to us. You grant us a limited license to use it solely to provide and operate the Services for you. You represent that you have the rights and any necessary consents to provide that content and data, including consent to contact any individuals whose information you supply. Our handling of personal data is described in our Privacy Policy.

7. Intellectual Property

The Services, including our software, AI agents, workflows, snapshots, templates, designs, text, and branding, are owned by Bakken AI LLC or our licensors and are protected by intellectual property laws. Except for rights expressly granted to you in a signed Client Agreement, we retain all right, title, and interest in our Services and materials. You may not copy, modify, distribute, or create derivative works from them without our written permission.

8. Third-Party Services

The Services integrate with and rely on third-party platforms, Meta, telephony/SMS carriers, email providers, and payment processors). Your use of those platforms may be subject to their own terms, and we are not responsible for their acts, omissions, availability, or content. Links to third-party sites are provided for convenience and do not imply endorsement.

9. Fees & Payment

Fees for paid Services are set out in the applicable Client Agreement, statement of work, or checkout. Unless stated otherwise, fees are due as invoiced, non-refundable except as required by law or expressly agreed, and exclusive of applicable taxes and third-party usage costs (such as messaging or AI usage), which may be passed through. Late amounts may incur interest and suspension of Services as permitted by the applicable agreement.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any particular results, revenue, or outcomes will be achieved. AI-generated outputs may contain errors and should be reviewed by you before reliance.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAKKEN AI LLC AND ITS OWNERS, MEMBERS, AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. Our total aggregate liability for any claim relating to the Services (other than as set out in a signed Client Agreement) will not exceed the greater of the amount you paid us for the Services giving rise to the claim in the three (3) months before the claim, or one hundred U.S. dollars ($100).

12. Indemnification

You agree to indemnify and hold harmless Bakken AI LLC from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your content or data, your violation of these Terms, or your violation of any law or third-party right, including any claim that your messaging or contact lists lacked proper consent.

13. Termination

We may suspend or terminate your access to the Services at any time if you violate these Terms or use the Services in a way that creates risk or legal exposure. Provisions that by their nature should survive termination (including Sections 5–7 and 10–15) will survive.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of North Dakota, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Services will be resolved in the state or federal courts located in North Dakota, and you consent to their jurisdiction, except where a signed Client Agreement specifies otherwise for a particular engagement.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date and post the current version at this URL. Your continued use of the Services after changes take effect means you accept the revised Terms.

16. Contact Us

Questions about these Terms:

These are the official Terms & Conditions of Bakken AI LLC.