THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR SUBSCRIPTION TO AND USE OF BONDSGUARD’S WEBSITE AND SERVICES. PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BONDSGUARD, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR THE BUSINESS ENTITY YOU REPRESENT, AND TO BIND THAT BUSINESS ENTITY TO THESE TERMS.

CERTAIN PORTIONS OF THE PLATFORM MAY BE SUBJECT TO “OPEN SOURCE” OR “FREE SOFTWARE LICENSES.” SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE LICENSES AND NOT NECESSARILY BY THESE TERMS.

ONCE ACCEPTED, THESE TERMS, IN COMBINATION WITH OUR PRIVACY POLICY (INCORPORATED BY REFERENCE), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY YOU REPRESENT) AND CHROMATO LLC D/B/A BONDSGUARD (HEREINAFTER REFERRED TO AS “BONDSGUARD,” “WE,” “US,” OR “OUR”). BONDSGUARD RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME; THE MOST CURRENT VERSION WILL BE POSTED ON OUR WEBSITE. YOUR CONTINUED USE OF THE PLATFORM AFTER ANY UPDATE WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE REVISIONS.

 1. Definitions

- “Platform” means the BondsGuard website and all associated software, functionality, applications, integrations, APIs, and services.

- “Services” means the AI-powered functionalities and features BondsGuard provides, including but not limited to automated messaging, scheduling, document handling, analytics, phone/SMS integrations, and any other services accessible through the Platform.

- “User,” “You,” or “Your” means the individual or entity who creates an account on or otherwise accesses or uses the Platform.

- “Subscription Tiers” refers to the specific plan levels (Starter, Pro, or Business) that a user subscribes to, each with corresponding features and pricing.

- “Third-Party Services” means any third-party websites, software, systems, products, platforms, or services (e.g., Stripe, Google, Facebook, GoHighLevel, etc.) that the Platform integrates with or relies upon for functionality.

- “Content” means any data, text, images, documents, videos, or other materials uploaded or transmitted via the Platform by You.

- “BondsGuard Marks” means the BondsGuard name, logo, any service marks, and associated branding.

 2. Acceptance of Terms

2.1 Binding Agreement

By registering for a BondsGuard account, subscribing to a plan, or otherwise accessing or using any portion of the Platform, You agree to be bound by these Terms. If You do not agree to these Terms, You may not access or use the Platform or Services.

2.2 Age Requirement

The Platform is intended for individuals who are at least 18 years old. By using the Platform, You represent that You are at least 18 and able to form a binding contract.

2.3 Changes to Terms

BondsGuard may revise these Terms at any time. We will post the most current version on our website and may provide notice via email and/or by posting a notice in Your account dashboard. Continued use of the Platform after the effective date of any revisions indicates Your acceptance of the updated Terms.

 3. Description of the Services

3.1 AI-Powered Virtual Assistant

BondsGuard offers an AI-powered automation platform tailored for the bail bond industry. Key features include:

- Automated lead nurturing, follow-ups, and messaging (SMS, Voice, Email)

- Appointment scheduling

- Document requests, secure uploads, and digital signatures

- Centralized client information and analytics

- Integrations with various Third-Party Services (e.g., Stripe, phone/SMS service providers)

3.2 No Guarantee of Results

BondsGuard does not guarantee any specific outcome, financial or otherwise, from use of the Platform. The results and performance of the AI-powered system depend on various factors outside our control, including the information provided, compliance with the law by the user, and third-party systems.

3.3 U.S. Usage Only

BondsGuard’s Services are designed and intended for use within the United States. We do not warrant or represent that the Platform is appropriate or available for use in locations outside the United States.

3.4 Industry-Specific Disclaimers

BondsGuard is not a legal services provider and does not engage in the practice of law or provide legal advice. Users in the bail bond industry remain solely responsible for ensuring compliance with all applicable local, state, and federal laws and regulations governing bail bond activities.

 4. Account Registration and Management

4.1 Account Information

You agree to provide accurate, current, and complete information when creating Your account. You are responsible for promptly updating any account information to keep it accurate and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of Your account login credentials. You agree to notify BondsGuard immediately of any unauthorized use or suspected breach of Your account. BondsGuard is not liable for any losses arising from unauthorized use of Your account.

4.3 Multiple Users / Agents

If You are an organization, You may allow designated employees or agents (“Authorized Users”) to access Your BondsGuard account. You remain fully responsible for compliance with these Terms by all such Authorized Users.

4.4 Ownership of Account

If a dispute arises over account ownership, BondsGuard reserves the right to request documentation to resolve the dispute. BondsGuard’s decision in resolving such disputes shall be final and binding on all parties involved.

 5. Subscription, Fees, and Billing

5.1 Subscription Tiers

BondsGuard offers different subscription tiers—Starter, Pro, and Business—each with distinct features, usage limits, and pricing as described on our website or order forms. You are responsible for reviewing and selecting the appropriate subscription tier.

5.2 Billing and Payment

- Payment Processor: We use Stripe to process all subscription and usage fees. By subscribing to a BondsGuard plan, You authorize us (or Stripe) to charge Your payment method for the initial subscription period and any renewal periods.

- Payment Information: We collect Your name, billing address, email, phone number, and partial credit card data (tokenized/stored securely through Stripe). We never store full card numbers on our servers.

5.3 Automatic Renewal

Monthly or annual subscription plans will automatically renew at the end of each billing cycle unless You cancel Your subscription prior to the renewal date. You authorize BondsGuard to charge Your payment method on file for the renewal term.

5.4 Refund Policy

- No Refunds (Default Policy): Except where otherwise specified in a separate, written agreement with BondsGuard, all subscription fees are non-refundable, including any unused portion of a subscription.

- Prorated Refunds: We do not generally offer prorated refunds for mid-cycle cancellations or downgrades.

- Trials: If a free trial is offered, any cancellation must occur before the trial ends to avoid being charged for the subsequent subscription term.

5.5 Late Payments and Suspension

If any fees are not paid in full by the due date, BondsGuard reserves the right to suspend or cancel Your account access without additional notice. You remain responsible for all fees incurred up to the date of suspension or cancellation.

5.6 Taxes

All fees are exclusive of sales, VAT, GST, or other taxes, unless explicitly stated. You are responsible for all applicable taxes in Your jurisdiction.

 6. Data Collection, Privacy & Security

6.1 Data We Collect

- Personal Data: Name, email, phone number, billing address, payment history (via Stripe), and any other personally identifiable information You or Your Authorized Users provide.

- Non-Personal Data: Usage logs, device information, cookies (e.g., Google Analytics, Facebook Pixel) for analytics, marketing, and to improve service functionality.

6.2 Purpose of Data Collection

We collect and process data to:

- Provide, maintain, and improve the Platform;

- Deliver customer support;

- Enable marketing communications (with consent where required);

- Comply with legal obligations;

- Conduct analytics and research.

6.3 User Rights

You can request data deletion or export of personal data by emailing [info@bondsguard.com](mailto:info@bondsguard.com). However, certain residual data may remain in backups or logs to the extent permitted or required by law.

6.4 Data Security

BondsGuard uses industry-standard encryption and security measures. We rely on GoHighLevel’s secure infrastructure for data hosting and on Stripe for payment data. While we strive to protect Your data, no system is foolproof. You acknowledge that unauthorized access or data breaches may still occur.

6.5 Compliance with Privacy Policy

These Terms incorporate BondsGuard’s Privacy Policy, which details how Your personal information is collected, used, and disclosed. Your continued use of the Platform signifies Your acceptance of our Privacy Policy.

 7. Third-Party Services and Integrations

7.1 Third-Party Providers

BondsGuard integrates with or relies on various third-party services, including but not limited to:

- GoHighLevel (platform backend, CRM, automation, analytics, storage)

- Stripe (payment processing)

- Google (analytics)

- Facebook/Meta (advertising pixels, analytics)

7.2 No Endorsement or Control

BondsGuard does not endorse or assume responsibility for third-party websites, products, or services linked to or integrated with the Platform. Any interactions with such third parties are governed by their respective terms and privacy policies.

7.3 Data Sharing

By using the Platform, You grant BondsGuard permission to share necessary data with third-party service providers solely to enable the requested integrations or functionalities.

7.4 Service Interruptions

BondsGuard is not liable for service interruptions, data losses, or damages resulting from the unavailability or malfunction of third-party integrations.

 8. User Conduct and Platform Restrictions

8.1 Lawful Use

You agree to use the Platform only for lawful, legitimate purposes. You represent that You will comply with all federal, state, and local regulations applicable to bail bond businesses, including (where required) obtaining necessary licenses and abiding by relevant legal constraints.

8.2 Prohibited Activities

You shall not:

- Access or attempt to access the Platform for competitive analysis or reverse engineering;

- Engage in fraudulent, abusive, or harmful activities, including sending spam, phishing, or other unsolicited messages;

- Violate any intellectual property or privacy rights;

- Upload or transmit illegal or offensive content;

- Attempt to bypass or breach any security or authentication measures;

- Use the Platform in any manner that disrupts the normal flow of user activity (e.g., denial-of-service attacks).

8.3 Consequences of Violation

BondsGuard reserves the right to suspend or terminate access to the Platform if You or Your Authorized Users violate these Terms, or if we believe in good faith that such action is reasonably necessary to protect our interests, other users, or third parties.

 9. Intellectual Property Rights

9.1 BondsGuard Ownership

All rights, title, and interest in and to the Platform, including but not limited to software code, features, design elements, text, graphics, user interfaces, and trademarks (“BondsGuard Marks”), remain exclusively with BondsGuard (or its licensors).

9.2 Limited License

Subject to Your compliance with these Terms, BondsGuard grants You a revocable, non-exclusive, non-transferable license to access and use the Platform during the term of Your subscription. This license is solely for Your internal business use and does not grant any resale or distribution rights.

9.3 Restrictions

You agree not to:

- Copy, modify, distribute, sell, or lease any part of the Platform;

- Reverse engineer, decompile, or extract source code from the Platform;

- Remove or obscure any copyright, trademark, or proprietary notices.

9.4 User Content License

By uploading or submitting any Content to the Platform, You grant BondsGuard a non-exclusive, worldwide, royalty-free license to use, reproduce, store, display, and distribute such Content solely for the purpose of operating and improving the Platform. You represent that You have all necessary rights to grant this license.

9.5 Feedback

Any suggestions, feedback, or ideas (“Feedback”) You provide to BondsGuard may be used by BondsGuard without restriction or compensation to You. By submitting Feedback, You irrevocably assign to BondsGuard all right, title, and interest in that Feedback.

 10. Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BONDSGUARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND QUIET ENJOYMENT.

BONDSGUARD MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY INFORMATION OR RESULTS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (C) ANY DEFECTS WILL BE CORRECTED.

BONDSGUARD IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, SOFTWARE, OR FAILURE OF EMAIL SERVICES OWING TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF.

 11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BONDSGUARD (OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BONDSGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL BONDSGUARD’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BONDSGUARD FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 12. Indemnification

You agree to defend, indemnify, and hold harmless BondsGuard, its officers, directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

1. Your use of or access to the Platform;

2. Any violation of these Terms by You or Your Authorized Users;

3. Your violation of any law or regulation, including relevant bail bond regulations;

4. Any Content You upload or transmit through the Platform;

5. Disputes or issues with any third party (including Your clients).

 13. Dispute Resolution and Arbitration

13.1 Binding Arbitration

Any dispute arising out of or relating to these Terms or the use of the Platform shall be resolved exclusively by binding arbitration administered by a neutral arbitration provider. You and BondsGuard expressly waive the right to a trial by jury.

13.2 Class Action Waiver

ALL CLAIMS SHALL BE BROUGHT INDIVIDUALLY. YOU AGREE NOT TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION PROCEEDING RELATED TO ANY CLAIMS COVERED BY THIS AGREEMENT.

13.3 Venue and Governing Law

These Terms and any dispute arising hereunder are governed by the laws of the State of Georgia, without regard to its conflict of laws principles. The arbitration shall be conducted in, or nearest to, Conyers, Georgia (or Atlanta, Georgia, if Conyers is not feasible).

13.4 Attorneys’ Fees

In any dispute, the prevailing party is entitled to recover reasonable attorneys’ fees and costs from the other party.

 14. Termination

14.1 Termination by User

You may cancel or terminate Your subscription at any time via Your account settings or by emailing [info@bondsguard.com](mailto:info@bondsguard.com). Termination is effective at the end of the current billing cycle, and no refunds will be issued for any fees already paid.

14.2 Termination by BondsGuard

BondsGuard reserves the right to suspend or terminate Your account, without liability to You, if:

- You breach these Terms or violate any applicable law;

- Your actions create (or could create) risk or legal exposure for BondsGuard;

- You fail to pay subscription fees or other amounts owed; or

- We determine, in our sole discretion, that it is no longer commercially viable to continue providing the Platform to You.

14.3 Effect of Termination

Upon termination:

- All rights granted to You under these Terms immediately cease;

- You must cease all use of the Platform;

- BondsGuard may (but has no obligation to) delete or preserve Your Content;

- Any provisions of these Terms that by their nature should survive termination will remain in effect (e.g., indemnification, limitation of liability, dispute resolution).

 15. Updates & Notification Policy

15.1 Changes to Platform

BondsGuard may introduce new features, functionality, or make changes to existing features at any time. We will endeavor to provide notice of major changes.

15.2 Notification of Changes

We will notify Users of material changes to these Terms via email to the address on file or by posting a prominent notice in Your account or on the website. By continuing to use the Platform after such changes, You accept the updated Terms.

 16. Additional Clauses

16.1 Force Majeure

BondsGuard shall not be liable for any delay or failure to perform resulting from events outside its reasonable control, including natural disasters, pandemics, strikes, war, terrorism, riots, governmental actions, or power/internet outages.

16.2 No Waiver

Failure by BondsGuard to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or any future enforcement thereof.

16.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements You enter into with BondsGuard (e.g., data processing agreement, if applicable), constitute the entire agreement between You and BondsGuard. They supersede all prior or contemporaneous oral or written communications.

16.5 Assignment

You may not assign these Terms or transfer any rights to any third party without BondsGuard’s prior written consent. BondsGuard may assign or transfer these Terms without restriction or notification.

16.6 Contact & Communication

- Email: [info@bondsguard.com]

- Address: 1639 E Brook Drive, Conyers, GA 30012

For formal legal notices, please write to the address above and include “Legal Notice” in the subject line or attention field.

 17. Acceptance and Consent

BY CREATING AN ACCOUNT, SUBSCRIBING TO A PLAN, OR OTHERWISE ACCESSING OR USING BONDSGUARD’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. YOU FURTHER AGREE THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT.

If You have any questions or concerns regarding these Terms, please contact us at [info@bondsguard.com](mailto:info@bondsguard.com). 

EXHIBIT A

CODE OF CONDUCT

The following are considered Prohibited Uses of the BondsGuard Platform. Engaging in a Prohibited Use is a material breach of these Terms for which BondsGuard may immediately suspend or terminate your Platform Account in accordance with these Terms:

• Use of the BondsGuard Platform in any way that violates any applicable law or regulation.

• Use of the BondsGuard Platform in a country that prohibits or restricts the use of Artificial Intelligence.

• Use of the BondsGuard Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

• Use of the BondsGuard Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

• Use of the BondsGuard Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• Impersonating or attempting to impersonate BondsGuard, a BondsGuard employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the BondsGuard Platform.

• Engaging in any conduct that may, as determined by BondsGuard, harm Platform users or BondsGuard, or expose either to liability.

• Use of the BondsGuard Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.

• Use of any robot, spider, or other automatic device, process, or means to access the BondsGuard Platform for any purpose, including monitoring or copying any of the material on the Platform.

• Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without BondsGuard’s prior written consent.

• Use of any device, software, or routine that interferes with the proper working of the BondsGuard Platform.

• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the BondsGuard Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

• Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempting to interfere with the proper working of the BondsGuard Platform.

• Child sexual exploitation or abuse content.

• Sexually explicit content.

• Generation of hateful, harassing, or violent content.

• Abusive or fraudulent conduct, including but not limited to:

  • Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware;

  • Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer, communications system, software application, or network or computing device;

  • Violating any natural person’s rights, including privacy rights as defined in applicable privacy laws;

  • Appropriating confidential or personal information;

  • Impersonating a human by presenting results as human-generated;

  • Engaging in disinformation campaigns;

  • Astroturfing, or generating fake grassroots support or fake review information;

  • Plagiarizing or engaging in other forms of academic dishonesty.

• Illegal or highly regulated goods or services content, or other activity that has a high risk of economic or physical harm, including but not limited to:

  • Engaging in any illegal activity;

  • Providing instructions on how to commit or facilitate any type of crime;

  • Gambling;

  • Payday lending;

  • Cryptomining practices;

  • Automatic determinations of eligibility for credit, employment, educational institutions, or public assistance services;

  • Engaging in unauthorized practice of law or seeking unreviewed legal advice;

  • Engaging in unauthorized practice of medicine or seeking unreviewed medical advice;

  • Providing unauthorized financial advice;

  • Law enforcement application or criminal justice decisions;

  • Military or warfare application, weapons development;

  • Management or operation of critical infrastructure in energy, transportation, and water;

  • Political campaigning or lobbying in violation of campaign laws.