Terms of Service

• “Appliance” means the Apple-based hardware unit purchased by Customer from Dino RD&C, pre-installed and configured with the Software.
• “BOS” or “Software” means the Business Operating System software developed by Dino RD&C and installed on the Appliance, including any updates we provide.
• “Customer Data” means all data and content created, captured, uploaded, or processed by Customer or its end-users through use of the Software, including but not limited to customer records, voice recordings, transcripts, messages, jobs, quotes, invoices, payments metadata, and AI memories.
• “Order Form” means the ordering document executed by Customer and Dino RD&C identifying the hardware tier, license scope, add-ons, and price.
• “Service” means, collectively, the Appliance, the Software, the License, and any cloud relays, support, or add-on services Dino RD&C provides under these Terms.

2.1 Order. Customer places an order by signing an Order Form. Dino RD&C accepts the order in writing.

2.2 Custom build. Each Appliance is configured and tailored for Customer prior to shipment, including hardware tier selection, software pre-installation, integration onboarding, white-glove configuration, and migration of any specified data. Build and onboarding takes a minimum of three (3) weeks from accepted Order to shipment.

2.3 Cancellation window. Customer may cancel an Order without charge within fourteen (14) calendar days of order acceptance. After day 14, the Order is non-cancellable and non-refundable because configuration and procurement are underway. See the Hardware Purchase & Custom Order Policy for details.

3.1 Dino RD&C grants Customer a perpetual, non-exclusive, non-transferable license to use the Software on Customer’s Appliance for the operation of a single business owned by Customer, subject to the Software License Agreement.

3.2 The license includes lifetime software updates, lifetime email support, and access to AI-powered self-service support, as long as Dino RD&C continues to operate.

3.3 Licenses may be moved between Appliances of equal or higher tier as the business scales, with notice to Dino RD&C. Licenses may not be split, sublicensed, or used to operate more than one business.

3.4 If Customer sells the business operated by the Software, the license may be transferred to the acquiring entity by giving Dino RD&C written notice and a copy of the bill of sale. The acquiring entity must agree to these Terms.

4.1 Lawful use. Customer will use the Service only in compliance with applicable law and the Acceptable Use Policy.

4.2 TCPA, consent, and recording. Customer is solely responsible for compliance with the Telephone Consumer Protection Act, state two-party-consent recording laws, anti-spam laws (CAN-SPAM, state equivalents), and any other consumer-protection laws that apply to telephone calls, SMS, voicemail drops, and email sent or received using the Service. Customer represents and warrants that:

• (a) Customer has obtained all necessary consents from end-users before initiating outbound calls, SMS, or email through the Service;
• (b) Customer maintains and honors do-not-contact and opt-out lists;
• (c) Customer’s end-user-facing privacy notice discloses use of an AI receptionist and call recording where applicable; and
• (d) Customer’s outbound communications do not impersonate any person or business.

The Software is configured to announce AI involvement at the start of voice interactions. Customer agrees not to disable, modify, or circumvent that announcement.

4.3 Third-party accounts. Customer is responsible for establishing and maintaining its own accounts with Stripe, Twilio, Google, Meta (when not using the Dino-managed app), Gmail/Google Workspace, and any other third-party service Customer chooses to integrate with the Software. Charges from these third parties are payable by Customer directly to those third parties.

4.4 Customer Data accuracy. Customer is responsible for the accuracy, legality, and quality of all Customer Data and all use of Customer Data through the Service.

4.5 Security of access. Customer is responsible for safeguarding the Appliance, user credentials, and physical access to the device.

5.1 Pre-shipment configuration. Hardware procurement, software installation, integration onboarding, and white-glove configuration prior to shipment.

5.2 Updates. Software updates delivered for the lifetime of the license, subject to Section 11 (Term and Termination).

5.3 Support. Email support and AI-powered self-service support, both at no additional charge, available during business hours. Premium support tiers may be offered separately.

5.4 Cloud relays. Dino RD&C operates lightweight cloud infrastructure necessary for certain integrations (notably the Cloudflare Worker that relays Meta webhook events). These relays are pure pass-through and do not retain Customer Data.

5.5 Service Level. Dino RD&C targets 99.9% monthly availability of cloud relays we operate (license activation, software-update endpoint, Meta webhook relay). The Appliance itself runs locally and its availability is not subject to internet connectivity to Dino RD&C, except for features that require an external integration.

5.6 Hardware repair coverage. If the Appliance is damaged and Apple approves repair under warranty, Dino RD&C will, on Customer’s request and without additional fee, host a temporary instance of Customer’s BOS environment and import the most recent backup so that the business continues operating until the repaired or replacement Appliance is received. Customer must be on a functioning backup configuration (local or cloud add-on).

6.1 Fees. Customer pays the fees stated on the Order Form. Hardware and license fees are one-time charges. Optional add-ons (extended warranty, cloud backup, premium support, cloud LLM fallback metering) are billed as stated on the Order Form.

6.2 Taxes. Fees are exclusive of sales, use, VAT, and similar taxes. Customer is responsible for all such taxes other than taxes based on Dino RD&C’s net income.

6.3 Late payment. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

6.4 Third-party fees. Customer is responsible for fees charged directly by Stripe, Twilio, Google, Meta, optional cloud LLM providers, and other third parties Customer integrates with.

7.1 Ownership. As between the parties, Customer owns all Customer Data and all outputs generated by the Software from Customer Data (including AI-drafted messages, transcripts, and reports). Dino RD&C claims no ownership of Customer Data or outputs.

7.2 Local-first architecture. Customer Data is stored on Customer’s Appliance. Dino RD&C does not store Customer Data on Dino-controlled servers, except for opt-in cloud backup add-ons or limited support sessions where Customer authorizes us to access the Appliance.

7.3 No cross-customer training. Dino RD&C does not use Customer Data to train, fine-tune, or refine models or skills that benefit any other customer. All distillation, refinement, and personalization happens on Customer’s Appliance.

7.4 Customer license to Dino RD&C. Customer grants Dino RD&C a limited, revocable license to access and process Customer Data only as necessary to perform the Service, including remote support sessions Customer authorizes.

8.1 Dino RD&C and its licensors own all right, title, and interest in and to the Software, the Appliance firmware, the BOS user interface, the agent orchestration system, the meta-agent factory, all skills and prompts shipped with the Software, all documentation, and all trademarks (including “Dino RD&C,” “Dino,” and “BOS”). See our Trademark and Brand Use Policy.

8.2 Customer retains all rights to Customer Data and Customer’s outputs as described in Section 7.

8.3 Customer may submit feedback. Customer grants Dino RD&C a perpetual, royalty-free license to use feedback to improve the Service. Feedback does not include Customer Data.

Each party will protect the other’s confidential information using reasonable care, will use it only to perform under these Terms, and will not disclose it except to personnel and contractors with a need to know who are bound by confidentiality obligations. Customer Data is Customer’s confidential information. Pricing, the Order Form, and any non-public roadmap information are Dino RD&C’s confidential information. These obligations survive termination for three (3) years; trade secrets are protected for as long as they remain trade secrets.

10.1 Mutual. Each party represents that it has authority to enter these Terms.

10.2 Hardware. The Appliance is covered by the manufacturer’s standard warranty. Extended warranty may be purchased. See the Hardware Purchase & Custom Order Policy.

10.3 Software. Dino RD&C warrants that the Software, when used as documented on the Appliance, will materially perform as described in the Order Form. Customer’s exclusive remedy for breach of this warranty is, at Dino RD&C’s option, repair, replacement, or refund of fees attributable to the non-conforming Software for the affected period.

10.4 AI outputs. AI-generated outputs (voice responses, drafted messages, dispatch suggestions, summaries, recommendations) are assistive and may be incomplete, inaccurate, or unsuitable. Customer is responsible for review and verification before relying on any AI output for material business actions. See the AI Disclosure & Responsible AI Statement.

10.5 Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS.” DINO RD&C DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11.1 Term. These Terms commence on the Effective Date of the Order Form and continue for as long as Customer uses the Software or until terminated as stated below.

11.2 Termination by Customer. Customer may terminate at any time. Termination does not entitle Customer to a refund of fees paid except as specifically provided.

11.3 Termination by Dino RD&C. Dino RD&C may suspend or terminate Customer’s access to support, updates, and cloud relays for: (a) material breach of these Terms (including the AUP) not cured within 30 days of written notice; (b) non-payment not cured within 15 days of written notice; or (c) actions that threaten the security or integrity of the Service or the Meta, Twilio, Stripe, or other third-party platforms connected to it.

11.4 Cessation of Dino RD&C operations. If Dino RD&C ceases operations, the Software installed on Customer’s Appliance will continue to function offline as designed. Customer will not receive further updates, cloud relays, or support, but the Appliance and the local data and operational features will remain available for as long as the hardware functions.

11.5 Effects of termination. Upon termination, Customer remains the owner of Customer Data on the Appliance. Customer may continue to use the Software under the perpetual license subject to the EULA, but is not entitled to updates or support past the termination date.

11.6 Survival. Sections 6 (unpaid fees), 7, 8, 9, 10.5, 12, 13, 14, 15, 16, and 17 survive termination.

12.1 By Customer. Customer will indemnify, defend, and hold harmless Dino RD&C and its officers, employees, and agents from and against any third-party claim, damages, liabilities, costs, and reasonable attorneys’ fees arising from or related to: (a) Customer Data; (b) Customer’s use of the Service in violation of these Terms or applicable law (including TCPA, two-party-consent statutes, and CAN-SPAM); (c) Customer’s outbound communications, including voice calls, SMS, and email originating from the Service; (d) any claim by an end-user of Customer’s business; (e) Customer’s third-party accounts (Stripe, Twilio, Meta, etc.); or (f) Customer’s breach of the Acceptable Use Policy.

12.2 By Dino RD&C. Dino RD&C will indemnify, defend, and hold harmless Customer from any third-party claim alleging that the Software, used as authorized, infringes a US patent, copyright, or trademark. Dino RD&C’s obligation does not apply to: (a) modifications not made by Dino RD&C; (b) combinations of the Software with anything not provided by Dino RD&C; (c) Customer Data; or (d) use after Dino RD&C has notified Customer to stop. If a claim arises, Dino RD&C may, at its option, procure the right to continue use, modify the Software to be non-infringing, or refund the fees attributable to the infringing portion. This Section 12.2 is Dino RD&C’s sole liability for IP infringement.

12.3 Procedure. The indemnified party will give prompt written notice of the claim, allow the indemnifying party to control defense and settlement (provided no settlement may bind the indemnified party without consent), and reasonably cooperate.

13.1 Cap. EXCEPT FOR THE EXCLUDED CLAIMS BELOW, EACH PARTY’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO DINO RD&C UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR USD $25,000, WHICHEVER IS GREATER.

13.2 Exclusion of consequential damages. EXCEPT FOR THE EXCLUDED CLAIMS BELOW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.

13.3 Excluded claims. The cap and exclusion above do not apply to: (a) Customer’s payment obligations; (b) Customer’s indemnification obligations under Section 12.1; (c) either party’s breach of confidentiality obligations causing material damage; or (d) liability that cannot be limited under applicable law.

13.4 Allocation. The parties acknowledge that the limitations and disclaimers in these Terms reflect an allocation of risk that is reasonable in light of the fees paid.

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.1 Informal resolution. Before filing a formal claim, the parties will attempt in good faith to resolve any dispute by sending written notice to the other party at the address listed below and conferring for at least thirty (30) days.

15.2 Binding arbitration. Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration will take place in Casper, Wyoming, or another location mutually agreed by the parties or, where required, by video conference. The arbitration award is final and may be entered in any court of competent jurisdiction.

15.3 Class action waiver. EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes will be resolved on an individual basis only.

15.4 Jury trial waiver. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

15.5 Injunctive relief carveout. Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, trade secrets, or confidential information.

15.6 Statute of limitations. Any claim must be brought within one (1) year after the cause of action accrues, except as prohibited by applicable law.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, internet or utility failures, governmental action, or pandemic, provided the affected party gives prompt notice and uses reasonable efforts to mitigate.

17.1 Entire agreement. These Terms, together with the documents incorporated by reference and the Order Form, are the entire agreement between the parties on the subject matter and supersede all prior or contemporaneous agreements.

17.2 Order of precedence. In the event of conflict: (a) Order Form; (b) DPA; (c) these Terms; (d) other incorporated policies; (e) documentation.

17.3 Amendments. Dino RD&C may update these Terms from time to time. Material changes will be notified to Customer at least 30 days in advance by email to the Customer’s billing contact. Continued use after the effective date constitutes acceptance.

17.4 Notices. Notices to Dino RD&C must be sent to: Dino RD&C LLC, 5830 E 2nd St, Casper, WY 82601, USA, with a copy to [email protected]. Notices to Customer may be sent to the email or address on the Order Form.

17.5 Assignment. Customer may not assign these Terms without Dino RD&C’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets to a third party that is not a competitor of Dino RD&C and that agrees to these Terms. Dino RD&C may assign without consent.

17.6 Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

17.7 No third-party beneficiaries. These Terms confer no rights on any third party.

17.8 Severability. If any provision is held unenforceable, the remainder will continue in full force.

17.9 Waiver. A waiver is effective only if in writing and signed by the waiving party.

17.10 Counterparts and electronic signatures. These Terms may be executed in counterparts and by electronic signature.