Last Updated: November 10, 2025

These Terms and Conditions ("Terms") govern your access to and use of the Why AI Consulting, LLC website, services, software, applications, mobile applications and communications tools (collectively, the "Services"). By accessing or using our software, applications, website(s), Products and/or Services, you accept and agree to be bound by these Terms. If you do not agree, do not use the Products or Services.

Acceptance of Terms

By using Why AI Consulting services, you agree to these Terms and Conditions.

Services

We provide marketing strategy, AI consulting, automation, and related services.

Client Responsibilities

Provide accurate information, cooperate fully, and comply with laws.

Fees & Payment

Fees are as set forth in your engagement agreement. Payments due upon receipt of product/services unless otherwise stated in writing.

Intellectual Property

We retain IP rights to our tools; clients retain rights to their materials.

Governing Law & Jurisdiction

This Agreement is governed by Michigan law and disputes will be resolved in Michigan courts...

1. Use of Services

1.1 Eligibility and Account Responsibility

You must be at least 18 years old and possess the authority to enter into these Terms. When you create an account, you agree to provide accurate, current and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Users are responsible for implementing recommended security measures and may be liable for any unauthorized access.

1.2 Business Use Only

Our Services are intended for business and professional use, not for personal consumer use. By using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1.3 Communication Features and Consent

Our platform includes communications capabilities, including text messaging (SMS/MMS), email and voice calling, some of which may use automated or AI‑generated voices. Separate surcharges may apply. By providing your phone number or email, you consent to receive marketing and informational communications from Why AI Consulting, LLC using these methods, including via automated, pre‑recorded or AI‑generated voices.Consent is not a condition of purchase. You may opt out of text messages at any time by replying "STOP"; you may opt out of marketing emails via the unsubscribe link. Upon cancellation or termination of your account, any phone numbers allocated through the platform will be released after fourteen (14) days.

If you use our Services to contact third parties, you represent and warrant that you have obtained all necessary consents from recipients in compliance with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), CAN‑SPAM Act, do‑not‑call laws, state telemarketing laws and all other applicable laws and regulations You are solely responsible for the content of communications you send and for maintaining records of consent. Please note that the user, not Why Ai Consulting, is deemed the “sender” of all communications; Why AI acts as a service provider and does not initiate or control the content of communications.

2. Permitted and Prohibited Use

2.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to comply with all federal, state, local and international laws and regulations. Why AI Consulting reserves the right to monitor platform usage and request suspension of accounts engaged in suspicious or unlawful activity.

2.2 Prohibited Use

You agree not to:

Use the Services in any way that violates any applicable law or regulation, including laws governing marketing, advertising, privacy and data protection.

Upload, transmit or distribute any unlawful, infringing, defamatory, obscene or harmful content.

Engage in spamming, phishing, unsolicited bulk communications or deceptive marketing.

Attempt to interfere with or disrupt the integrity or performance of the Services or third‑party data contained therein.

Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Services.

Access the Services to build a competing product or service or to benchmark without our prior written consent.

3. Third‑Party Services and Integrations

Our Services may integrate with or link to third‑party services (such as Google, Facebook, YouTube, payment processors, telephony providers and other tools). You are responsible for enabling and managing each third‑party integration. Users grant permission to share data with third‑party providers to facilitate integrations. We do not control and are not responsible for the actions of third‑party services, their content, or their privacy policies. Your use of any third‑party service is governed by that service’s own terms and conditions. Why AI likewise disclaims all liability related to third‑party services.

4. Fees and Payment

If you purchase paid services, you agree to pay all applicable fees plus any applicable taxes. Communication surcharges for SMS, MMS, phone numbers and voice calls may be charged separately and will appear on your invoice. Fees are non‑refundable except as required by law or as stated in a separate agreement.

5. Intellectual Property

All content, trademarks, service marks, logos and software associated with the Services (excluding your content and any third‑party content) are owned by Why AI Consulting, LLC or its licensors and are protected by intellectual property laws. You are granted a limited, non‑exclusive, non‑transferable license to access and use the Services for your business purposes. You may not reproduce, modify, distribute, sell, or create derivative works from our content without our prior written consent.

6. Disclaimer of Warranties

Why AI Consulting, LLC provides the Services on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Services, including any warranties of merchantability, fitness for a particular purpose, non‑infringement or that the Services will be uninterrupted or error‑free. Why AI Consulting, LLC is a technology platform and communications service provider only, and we disclaim liability for the content or legality of communications sent through the platform. We disclaim responsibility for user‑generated content or the accuracy, reliability or legality of communications.

7. Limitation of Liability

To the maximum extent permitted by law, Why AI Consulting, LLC and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, revenues, data or goodwill, arising out of or relating to your use of the Services or these Terms. Our total liability for any claim arising from or relating to the Services will not exceed the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim. We caution users to implement their own terms and to indemnify Why AI Consulting for any disputes with customers; Why AI is not liable for disputes between you and your customers.

8. Indemnification

You agree to defend, indemnify and hold harmless Why AI Consulting, LLC and its affiliates, officers, directors, employees and agents from any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of another person. Why AI Consulting, LLC reserves the right to request that users suspend or terminate sub‑accounts engaged in suspicious activity, and you agree to indemnify us for failing to comply with such requests.

9. Modifications to Services or Terms

We may modify or discontinue the Services or any part thereof at any time without notice. We may also update these Terms from time to time; the most current version will be posted on our website with the "Last Updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the new Terms. Why AI Consulting, LLC reserves the right to make changes to its terms and states that continued use constitutes acceptance of those changes.

10. Termination

We may terminate or suspend your access to the Services at any time, with or without cause. Upon termination, your right to use the Services will immediately cease, and any provisions of these Terms which by their nature should survive termination (including sections on communications consent, intellectual property, warranty disclaimer, limitation of liability, indemnification and governing law) will survive.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Michigan without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms or the Services shall be resolved through binding arbitration conducted in Michigan, except that you or Why AI Consulting, LLC, may seek injunctive or other equitable relief in court for matters relating to intellectual property or unauthorized access to the Services.

12. Miscellaneous

These Terms constitute the entire agreement between you and Why AI Consulting, LLC regarding the Services and supersede any prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision will not be deemed a waiver of those rights. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms at any time.

15. Pricing & Subscription Terms
All subscriptions automatically renew on a recurring basis unless canceled in writing prior to the renewal date. Why AI Consulting, LLC reserves the right to modify fees at any time to maintain compliance with prevailing market standards. Lifetime or perpetual licenses are not offered. Customers are responsible for ensuring timely payment; late fees may apply for overdue balances.

14. White Label License & Branding Restrictions
Users are granted a limited, revocable license to use Why AI Consulting’s rebranded platform for business purposes. Customers may not resell, sublicense, copy, reverse-engineer, or distribute the platform or any part thereof. Customers must not remove or alter proprietary branding, trademarks, or disclaimers. Misrepresenting affiliation with Why AI Consulting, LLC or implying ownership of the underlying technology is strictly prohibited.

15. Code of Conduct & User Content
All users must comply with applicable laws and maintain ethical standards in their communications, website content, and uploaded materials. Why AI Consulting, LLC reserves the right to remove or suspend accounts found to violate any law or these Terms. Users grant Why AI Consulting, LLC a limited license to host, reproduce, and transmit user-generated content solely to provide services. If you believe your copyrighted material has been infringed, please submit a written DMCA notice to Why AI Consulting, LLC.

16. Trademark & Proprietary Rights
All intellectual property rights in and to the platform, including software, text, graphics, and trademarks, remain the exclusive property of Why AI Consulting, LLC and its licensors. Customers do not acquire ownership or any proprietary rights. Removal or alteration of copyright notices, watermarks, or proprietary branding is prohibited.

17. Payment Practices
Invoices are due immediately upon receipt unless otherwise stated. Why AI Consulting, LLC may assess reasonable late fees and suspend accounts for non-payment. Communication surcharges for SMS, MMS, or voice services are passed through without markup. Disputes regarding billing must be submitted in writing within fifteen (15) days of the invoice date.

18. Contact Information:

If you have any questions about these Terms, please contact us at:

Why AI Consulting, LLC
23131 Michigan Ave, Ste 1088, Dearborn MI 48124
Website: www.whyai.cc

Email: [email protected]
Phone: (313) 879-0889