Terms of Service

Effective April 28, 2026 · askbud io LLC

Effective Date: April 28, 2026 Last Updated: April 28, 2026 Version: 2.1

THIS AGREEMENT CONTAINS BINDING CLASS-ACTION AND JURY-TRIAL WAIVER CLAUSES IN SECTION 12 BELOW.

These Terms of Service ("Terms") govern your access to and use of the services provided by askbud io LLC, a Wyoming limited liability company doing business as "AskBud" ("AskBud," "we," "us," or "our"), including the AI voice receptionist product known as "Flora" and the website at askbud.io (collectively, the "Service").

By signing up for, accessing, or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.

If you do not agree to these Terms, do not use the Service.

1. The Service

1.1 What Flora Does

AskBud provides an AI-powered voice receptionist service ("Flora") that:

  • Answers inbound phone calls on behalf of your business 24/7
  • Provides callers with information about your products, pricing, and inventory by reading from your point-of-sale system (such as Dutchie POS)
  • Captures call details and delivers transcripts and summaries to your designated recipients
  • Records calls for quality, training, and service-improvement purposes

1.2 What Flora Does Not Do

Flora is an informational and customer-service tool. Flora does not:

  • Process payments, take orders, or complete transactions
  • Provide medical, legal, or professional advice of any kind
  • Verify the age, identity, or eligibility of callers
  • Replace human staff for emergencies, time-sensitive matters, or safety-critical situations

1.3 High-Risk and Safety-Critical Use

The Service is not designed for use in connection with medical emergencies, legal advice, financial advice, public-safety dispatch, aviation, healthcare diagnostics, or other inherently dangerous or safety-critical environments. AskBud expressly disclaims all liability for use of the Service in such contexts. You agree not to use the Service in a manner that requires professional medical, legal, or safety-critical judgment.

1.4 Service Availability

We will use commercially reasonable efforts to keep the Service available. We do not commit to a specific uptime percentage in these Terms; if a separate service-level agreement is signed, the terms of that agreement control. Scheduled maintenance, third-party outages (including telephony providers, POS integrations, and AI model providers), and force majeure events may affect availability.

2. Account and Eligibility

2.1 Eligibility

You must be at least 18 years old and authorized to conduct business in your jurisdiction. You represent and warrant that:

  • All information you provide is accurate and current
  • Your use of the Service complies with all applicable laws and regulations, including without limitation cannabis-industry regulations in your operating state
  • You hold all necessary licenses, permits, and approvals to operate your business

2.2 Account Security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at help@askbud.io if you suspect unauthorized access.

3. Trial, Fees, and Payment

3.1 Free Trial

We offer a 30-day free trial of the Service ("Trial Period"). Depending on the signup method:

  • Card on file: If you provide a payment method at signup, you will be automatically charged at the start of your first paid billing period unless you cancel before the Trial Period ends.
  • No card required: If your sales representative enrolled you without a payment method, you will be invited to add one before your Trial Period ends. Failure to add a valid payment method by the end of the Trial Period will result in suspension of the Service.

The Trial Period is provided "AS IS" with the same Service as paid plans, except that AskBud may, at its discretion, limit specific features during trial.

3.2 Subscription Fees

After the Trial Period, the Service is offered on a month-to-month subscription basis at the pricing tier you selected. Current pricing is published at askbud.io and is incorporated into these Terms by reference. We may change pricing with at least thirty (30) days' written notice; price changes apply to subsequent billing cycles only.

3.3 Billing Cycle

Subscription fees are billed monthly in advance on the same day each month (the "Billing Date"). Your first Billing Date is the date your Trial Period ends.

3.4 Overage and Usage

Each pricing tier includes a defined number of voice-minutes per month. Usage exceeding your tier's included minutes may be billed at the per-minute overage rate published at askbud.io, or we may notify you and recommend an upgrade to a higher tier.

3.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for any sales, use, VAT, or similar taxes imposed on your purchase of the Service, except for taxes based on AskBud's net income.

3.6 Failed Payments and Late Fees

If a payment fails, we will issue an invoice with a fourteen (14) day due date. If the invoice remains unpaid by the due date, a seven (7) day grace period will be provided. We may suspend the Service if payment remains unpaid after the grace period, and we may terminate your account if payment remains unpaid for thirty (30) days after the original due date. We may charge a late payment fee equal to the lesser of ten percent (10%) of past-due amounts or the maximum amount permitted by law. If we refer your account to a third party for collection, you will be liable for reasonable collection costs, including attorneys' fees.

4. Cancellation and Termination

4.1 Customer Cancellation

You may cancel your subscription at any time by contacting help@askbud.io or through any self-service cancellation tool we provide. Cancellation takes effect at the end of your current billing cycle. Fees already paid for the current billing cycle are non-refundable, and we do not pro-rate or partially refund any portion of a billing cycle.

4.2 Termination by AskBud

We may suspend or terminate your account immediately if you:

  • Materially breach these Terms
  • Fail to pay fees when due (after the cure period in Section 3.6)
  • Use the Service in a manner that violates law or regulation
  • Engage in conduct that harms the Service, other customers, or AskBud

4.3 Effect of Termination

Upon termination:

  • Your access to the Service will end
  • Flora will stop answering calls on your behalf
  • We will retain your data per our Privacy Policy
  • You may request export of your data within thirty (30) days of termination

5. Customer Responsibilities

You agree to:

  • Provide accurate business information, including authoritative product, pricing, and inventory data via your POS integration
  • Configure your phone system to forward calls to Flora correctly
  • Inform your staff and customers, where applicable, that calls are answered by an AI agent
  • Comply with all laws applicable to your business, including cannabis regulations, advertising restrictions, and consumer-protection laws
  • Not attempt to reverse engineer, scrape, or use the Service to train competing AI models or services
  • Not use the Service for any unlawful, harmful, or fraudulent purpose

6. Telephony, Recording, and Telecom Compliance

6.1 Recording Disclosure

Flora is configured to play an audible recording-disclosure message at the start of every call (e.g., "This call may be recorded for quality and service purposes."). Flora also identifies itself as an AI assistant on every call. These disclosures serve as notice to callers and as your representation that you authorize and consent to such recording on behalf of your business.

6.2 Multi-State Compliance

Some U.S. states require all-party consent for call recording. By using the Service, you authorize AskBud to play a recording-disclosure message that satisfies all-party consent requirements in any state, regardless of your operating location. You agree to keep the recording-disclosure feature and AI-identification feature enabled at all times. Disabling or modifying these features may expose you to legal liability and is a material breach of these Terms.

6.3 Telecommunications Law Compliance

You are solely responsible for ensuring that your use of the Service complies with all applicable telecommunications and consumer-protection laws, including without limitation:

  • The Telephone Consumer Protection Act (TCPA) and rules promulgated by the Federal Communications Commission (FCC), including FCC rulings governing AI-generated voices in calls
  • The Federal Trade Commission's Telemarketing Sales Rule (TSR) and the federal Do-Not-Call (DNC) Registry
  • State telemarketing laws and federal and state anti-wiretapping or eavesdropping laws

If you use call transcripts or caller information generated by the Service to make outbound calls, send text messages, or conduct any outbound marketing, you are solely responsible for obtaining and documenting all required consents and complying with DNC rules.

6.4 Independent Notice Obligations

You are independently responsible for any additional notices, signage, or website disclosures required in your jurisdiction (for example, posting a recording notice on your website or business premises if required by local law).

6.5 Indemnification for Telecom Violations

You will indemnify AskBud for any claims, damages, fines, or penalties (including under the TCPA, TSR, or analogous state law) arising from your improper or unlawful use of the Service, your failure to obtain required consents, or your failure to comply with telecommunications law.

7. Data, Privacy, and Subprocessors

7.1 Privacy Policy

Our Privacy Policy, available at askbud.io/privacy, describes what data we collect and how we use it. By using the Service, you agree to our Privacy Policy.

7.2 Customer Data Ownership

You retain all rights to data you provide to us or that is generated by your use of the Service ("Customer Data"), including call recordings, transcripts, and inventory data sourced from your POS. You grant us a worldwide, non-exclusive license to use Customer Data solely to provide and improve the Service.

7.3 Subprocessors and AI Training

We use third-party service providers to operate the Service, including telephony, AI, hosting, and email providers. A current list is maintained in our Privacy Policy.

You acknowledge and agree that AskBud and certain subprocessors may use Customer Data, including call audio, transcripts, and metadata, to train, develop, and improve AI models and features that power the Service. Where feasible, such use is in aggregated and de-identified form. AskBud will not use Customer Data to train AI models intended to compete with your business. If you require additional restrictions on AI training (for example, for compliance with internal policies or regulatory requirements), you may negotiate a custom data-use carve-out through a signed Master Services Agreement or Data Processing Addendum.

7.4 Data Security

We use commercially reasonable technical and organizational measures to protect Customer Data, including encryption in transit and at rest. No system is perfectly secure, and we do not guarantee absolute security.

7.5 Breach Notification

In the event of a confirmed security breach affecting your Customer Data, AskBud will notify you without undue delay and in any event within seventy-two (72) hours of discovery of the breach.

7.6 Data Retention

Call audio recordings are retained for ninety (90) days from the date of the call and then automatically deleted. Transcripts, call summaries, and operational data are retained for the duration of your active subscription, plus a reasonable period thereafter for legal, compliance, and dispute-resolution purposes.

8. Intellectual Property

8.1 AskBud's IP

The Service, including the Flora agent, software, models, documentation, branding, and all related intellectual property, is owned by AskBud or its licensors. Nothing in these Terms transfers any ownership rights to you. You receive only a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service during your active subscription.

8.2 No Competing Use

You will not use the Service, the Flora agent, AI-generated outputs from the Service, or any data, voices, or content produced by the Service to train, fine-tune, develop, or improve any AI model, voice assistant, or service that competes with AskBud.

8.3 Aggregated and De-Identified Data

AskBud may collect and use aggregated and de-identified data derived from your use of the Service to operate, improve, and develop the Service, provided such data cannot reasonably be used to identify you, your customers, or any individual caller.

8.4 Feedback

If you provide feedback or suggestions about the Service, you grant AskBud a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without obligation to you.

8.5 No Use of Customer Marks Without Consent

AskBud will not use your business name, trademarks, or logo in marketing or promotional materials without your prior written consent (email is sufficient).

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASKBUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Flora will accurately answer every caller question
  • Inventory data synced from your POS will be free of errors or delays
  • The Service will meet your specific business requirements

You acknowledge that Flora is an AI system and may occasionally produce inaccurate, incomplete, or unexpected responses. You are responsible for reviewing call transcripts and correcting any issues that arise from Flora's responses.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Excluded Damages

ASKBUD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST CUSTOMERS, LOST GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE SERVICE, REGARDLESS OF LEGAL THEORY AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

ASKBUD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO ASKBUD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS GREATER.

10.3 Carve-Outs

The limitations in Sections 10.1 and 10.2 do not apply to:

  • Your indemnification obligations under Sections 6.5 and 11
  • Your breach of Section 8 (Intellectual Property)
  • Your unpaid fees

10.4 Basis of the Bargain

You acknowledge that the limitations in this Section 10 are an essential element of the agreement between you and AskBud, and that without them the Service would not be offered at the price provided.

11. Indemnification

You will defend, indemnify, and hold harmless AskBud, its officers, employees, and contractors from any third-party claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms or applicable law
  • Inaccurate product, pricing, or inventory data you provide
  • Disputes between you and your customers, including claims related to information Flora communicated to those customers
  • Your failure to comply with cannabis regulations or other industry-specific laws
  • Your failure to comply with telecommunications laws as described in Section 6

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. The Parties acknowledge that AskBud is organized under the laws of Wyoming, and agree that Wyoming law governs only AskBud's internal organizational matters and does not apply to these Terms or any dispute arising from them.

12.2 Pre-Dispute Negotiation

Before initiating arbitration, you agree to first contact AskBud at help@askbud.io with a description of your claim. The Parties will negotiate in good faith for thirty (30) days to resolve the dispute before either Party may proceed to arbitration.

12.3 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service that is not resolved through negotiation will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Multnomah County, Oregon, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

12.4 Class Action Waiver

YOU AND ASKBUD EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

12.5 Jury Trial Waiver

YOU AND ASKBUD HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY.

12.6 Exceptions

Either party may seek injunctive or equitable relief in the state or federal courts of Multnomah County, Oregon, to protect its intellectual property or confidential information. AskBud may pursue collection actions for unpaid fees in any court of competent jurisdiction.

12.7 Time Limit

Any claim must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred.

13. Changes to These Terms

We may update these Terms from time to time. If a change is material, we will provide at least thirty (30) days' notice via email or in-app notice before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Order of Precedence

In the event of a conflict between these Terms and any signed order form, Master Services Agreement, or service-level agreement between AskBud and you, the signed agreement controls only with respect to the specific provisions that conflict, unless the signed agreement expressly states otherwise. Otherwise, these Terms control.

15. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy and any order form or MSA you sign, constitute the entire agreement between you and AskBud.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
  • No Waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Notices. Notices to AskBud should be sent to help@askbud.io. Notices to you may be sent to the email address on file.
  • Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including acts of God, weather events, earthquakes, fires, acts of war or terrorism, civil disorders, labor disputes, pandemics or quarantine restrictions, network outages, power failures, internet service disruptions, government orders, or third-party service-provider failures.
  • Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.
  • Survival. Sections relating to Intellectual Property, Indemnification, Limitation of Liability, Governing Law, Confidentiality (where applicable), and any provisions which by their nature should survive, will survive termination.
  • Export Controls. You represent that you are not located in a country subject to U.S. Government sanctions and are not on any U.S. Government list of prohibited or restricted parties. You will not use the Service in violation of U.S. export-control laws.

16. Contact

askbud io LLC 30 N Gould St #61660 Sheridan, WY 82801 Email: help@askbud.io