Terms of Service
These terms govern your access to and use of the Bernard platform, including all AI-powered tools, calling agents, Pre-ID systems, and related services provided by Bernard Labs, Inc.
ENTITY
Bernard Labs, Inc.
JURISDICTION
Deleware
EIN
39-4338318
Please read carefully.
By accessing or using Bernard you agree to be bound by these Terms. If you are using the Service on behalf of a business, that business accepts these Terms.
SECTION 01
Agreement & Acceptance
These Terms of Service ("Terms") are a legally binding agreement between you or your business entity and Bernard Labs, Inc. ("Bernard," "we," "us," or "our"), a New York corporation (EIN: 39-4338318).
By creating an account, activating any AI agent or calling feature, accessing the dashboard, or otherwise using the Bernard platform ("Service"), you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.
We may update these Terms periodically. We will provide notice of material changes. Your continued use of the Service after any update constitutes acceptance of the revised Terms.
SECTION 02
Platform Description
Bernard is an AI-powered operations platform purpose-built for appliance repair companies. The Service includes: AI-driven inbound and outbound call center agents; automated pre-diagnosis (Pre-ID) triage and technician preparation systems; parts availability lookups and distribution coordination via Compass, Encompass, and Marcone integrations; customer communication automation via voice, SMS, and messaging; field service management (FSM) integrations including Early Repair and Samsung GSPN; and a technician-facing dashboard and briefing system.
Features and integrations may change over time. We will endeavor to notify you of any significant changes that affect your workflow.
SECTION 03
Account Eligibility
You must be at least 18 years of age and have the legal authority to enter into contracts to use the Service. If you are registering on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
You agree to provide accurate, current, and complete information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account. Notify us immediately at legal@bernard.ai if you suspect unauthorized access.
SECTION 04
Permitted Use & Restrictions
Bernard grants you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business operations in the appliance repair industry. You may not: sublicense, resell, or redistribute the Service; reverse engineer, decompile, or attempt to extract source code; use the Service to build a competing product; scrape or harvest data from the platform; or use the Service for any unlawful purpose.
TCPA & CALLING COMPLIANCE
You are solely responsible for ensuring that your use of Bernard's AI calling and messaging agents complies with all applicable federal and state telecommunications laws, including the Telephone Consumer Protection Act (TCPA). Bernard provides the technology; compliance with consent requirements for outbound calls and texts is your responsibility.
SECTION 05
Subscriptions & Fees
Access to the Service requires a paid subscription. Fees are billed in advance on a monthly or annual basis as agreed in your Order Form. All fees are non-refundable except as required by law or as expressly stated in your agreement.
We reserve the right to adjust pricing with 30 days' written notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing. Overdue balances may result in suspension of access.
Enterprise customers may be subject to custom pricing, volume commitments, and payment terms as set forth in a separate Master Services Agreement (MSA).
SECTION 06
Intellectual Property
Bernard and its licensors retain all right, title, and interest in and to the Service, including all underlying software, AI models, algorithms, designs, trademarks, and documentation. Nothing in these Terms transfers any ownership of Bernard's intellectual property to you.
You retain ownership of the data you input into the Service ("Customer Data"). By using the Service, you grant Bernard a limited license to process your Customer Data solely to provide and improve the Service. Bernard may use anonymized, aggregated, de-identified data derived from your use of the platform to improve its AI models and services across all customers.
SECTION 07
Data & AI Inputs
The Service involves the recording and transcription of phone calls and customer communications. You are responsible for obtaining all necessary consents from customers and other parties prior to recording. Bernard is not responsible for your failure to comply with applicable recording consent laws.
AI-generated diagnoses, part recommendations, and triage outputs are probabilistic in nature and intended to assist — not replace — the professional judgment of qualified technicians. Bernard does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output.
AI OUTPUT DISCLAIMER
Bernard's AI systems learn from aggregated data across all customers. Outputs should be treated as a starting point for diagnosis, not a definitive conclusion. Always apply qualified technician judgment before acting on any AI recommendation.
SECTION 08
Disclaimers & Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BERNARD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERNARD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO BERNARD IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM. BERNARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
SECTION 09
Indemnification
You agree to indemnify, defend, and hold harmless Bernard Labs, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your failure to obtain required consents for call recording or automated messaging; (d) any Customer Data you submit to the Service; or (e) your violation of any applicable law or third-party rights.
SECTION 10
Term & Termination
These Terms remain in effect for the duration of your subscription. You may cancel your subscription at any time by providing written notice to legal@bernard.ai; cancellation takes effect at the end of your current billing cycle.
Bernard may suspend or terminate your access immediately for cause — including material breach of these Terms, non-payment, fraudulent activity, or conduct harmful to the platform or other users. We will provide 15 days' written notice to cure a remediable breach before termination.
Upon termination, your license to use the Service ends immediately. We will retain your Customer Data for 30 days following termination, after which it may be permanently deleted. Provisions relating to intellectual property, disclaimers, limitation of liability, and indemnification survive termination.
SECTION 11
Governing Law & Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in New York County, New York.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. You waive any right to participate in a class action lawsuit or class-wide arbitration.
SECTION 12
Contact
For questions about these Terms, data requests, or legal notices, please contact Bernard Labs, Inc. at legal@bernard.ai. For privacy-related inquiries, contact privacy@bernard.ai. Our mailing address will be provided upon request.
Bernard Labs, Inc.
EIN: 39-4338318 · Incorporated in Deleware
