YesBusiness

Terms of Service

Last updated: 5 October 2026

These terms are the agreement between you and XFACTORAI LLC for YesBusiness and its assistant, GIDEON. Please read them. They put responsibility for what you ask GIDEON to do on you, limit what we owe if something goes wrong, and send most disputes to individual arbitration (section 19).

The short version

A plain summary to help you read the terms. It is not part of them; the numbered sections below are what count.

Contents
  1. Who we are and accepting these terms
  2. What the Service does
  3. Pricing and credits
  4. Credits and payment: further terms
  5. AI output is not professional advice
  6. You are the one acting
  7. Following the law is your responsibility
  8. Calling GIDEON from your phone
  9. Answering your business phone (8A)
  10. Calls and texts GIDEON makes for you (8B)
  11. Your account and its security
  12. Connected accounts and data you give us
  13. Acceptable use
  14. Other people's services and sites
  15. Intellectual property and your content
  16. Confidentiality, security and backups
  17. Disclaimers
  18. Limitation of liability
  19. Indemnity
  20. Rights the law does not let us exclude
  21. Disputes, arbitration and governing law
  22. Suspension and termination
  23. Changes
  24. General
  25. Contact

1. Who we are and accepting these terms

1.1 Who we are. YesBusiness, at yesbusiness.ai, is provided by XFACTORAI LLC, a Delaware limited liability company ("XFactorAI", "we", "us", "our"). "The Service" means YesBusiness and everything that comes with it: the GIDEON assistant and its Jasmine phone voice, the website and apps, the phone numbers and lines we operate, the emails and messages we send for you, the browser add-on and connectors, and any related feature we offer.

1.2 The agreement. These terms, together with our Privacy Policy and any additional terms we show you for a particular feature (together, the "Terms"), are a binding agreement between you and us. You accept them when you create an account, press Continue or a similar button next to a link to them, or use the Service. If you do not agree, do not use the Service.

1.3 Using it for a business. If you use the Service for a business or other organisation, "you" means both you and that organisation, and you confirm you have authority to accept the Terms for it. If you do not have that authority, you accept them personally.

1.4 Who may use it. You must be at least 18 and old enough to make a binding contract where you live. The Service is made for running a business. You may also use it for your own lawful personal tasks. You may not use it if you are barred from receiving it under the laws of the United States or any other country that applies to you, or if we have previously closed your account.

1.5 Where it is available. The Service is offered online. Phone calls and text messages are available only to and from numbers in the countries the Service supports at the time, currently Australia, New Zealand, the United Kingdom and the North American numbering area (the United States and Canada), and only within the limits the Service applies. We may limit or withdraw any feature in any country.

2. What the Service does

2.1 An AI assistant that acts on your instructions. GIDEON uses artificial intelligence models and other software to help run your work. Depending on the features you use and the accounts you connect, it can:

2.2 Features change. We add, change and remove features, providers and limits over time. Some features are labelled beta, preview, prototype or "being set up". Those are offered for evaluation, may not work as described, and may change or stop without notice. We do not promise that any feature will remain available.

2.3 It relies on others. The Service depends on AI model providers, telephone carriers, email and payment providers, hosting and the services you connect. Their availability, accuracy and terms affect what the Service can do (see section 12).

3. Pricing and credits

Section 4 sets out the rest of the terms for credits and payments.

4. Credits and payment: further terms

4.1 What credits are. Credits are a prepaid, limited right to use the paid features of the Service. They are not money, a deposit, stored value or a financial account. They have no cash value, earn no interest, and cannot be sold, transferred, exchanged or redeemed for cash, except that you may let other Yes apps use your credits through the wallet setting the Service provides.

4.2 What work uses. The app shows an estimate of the credits an action will use before or while it runs. An estimate is not a quote: the credits used are what the work actually used, which can be more or less than the estimate. Some small actions use no credits; which ones may change.

4.3 Work in progress finishes. Once an action has started it is allowed to finish, even if it takes your balance below zero, within a limit we set. Credits below zero are taken from the next credits you buy. While your balance is at or below zero, paid features may be paused.

4.3A Service-wide limits. To protect the Service, we set daily limits across all accounts (for example on total spend, calls and texts). When one is reached, new paid work may be refused or paused for everyone until the limit resets, even if you have credits. Nothing is charged for work that is refused. We are not liable for any delay or loss this causes.

4.4 Phone-company and third-party charges. Charges made to us by telephone carriers for your calls, recordings, phone numbers, texts and WhatsApp messages are passed on to you in credits at the price charged to us, converted to credits and rounded up to a whole credit. A phone number we hold for you is charged each month while you keep it. Charges by your own carrier (for example, for forwarding calls to us) are between you and your carrier.

4.5 Changes to prices and rates. We may change the price of packs, the credits each action uses, the free allowance and the starter credits at any time. Changes apply to work done after they take effect, not to credits you have already bought. Changes by our providers (for example a carrier raising its rates) may change what an action uses.

4.6 Free and promotional credits. Starter credits and any credits we give you (for example as a promotion, a grant or a goodwill gesture) are promotional. They are given on the conditions we state, have no cash value and are never refundable. Starter credits are granted only once you have confirmed your email address, and only once per person and per business: an address or business that has already received them for another account will not receive them again. We may refuse, reduce or remove free credits if they were obtained by opening more than one account, by automated means, by mistake, or in breach of these Terms.

4.7 Paying. Payments are processed by Stripe, and where Stripe acts as the seller of record, its terms also apply to that purchase. You authorise us and our payment provider to charge the payment method you give for the price shown. Taxes are your responsibility, except taxes we or our payment provider are required to collect, which are shown at checkout.

4.8 Refunds. Payments are final and non-refundable, except where the law requires a refund, or where we agree to one, including a request under section 3 for credits you have bought and not used. Whether to refund in any other case is our decision.

4.9 Disputed payments. If you dispute a charge with your bank or card issuer, we may pause paid features or the account while the dispute is open, and remove the credits from that purchase. If you dispute a charge for credits you have used, you remain responsible for paying for them.

4.10 Plans agreed separately. If you have a subscription that began before credits, a complimentary period, or access sponsored by a partner, it continues on the terms agreed when it began and until it ends. Use under it is measured but not charged in credits.

4.11 When your account ends. If we close your account for a breach of these Terms, any credits on it end without refund, except where the law requires otherwise. If you close your account yourself, contact us before you close it about any purchased credits you have not used.

5. AI output is not professional advice

5.1 Output can be wrong. You must check it before you rely on it. Everything the Service produces, including drafts, summaries, answers, research, figures, transcripts, translations, call results, inbox sorting and ranking, and anything said by the GIDEON or Jasmine voice, is generated by AI. It can be inaccurate, incomplete, out of date, misheard, or presented with more confidence than it deserves, even where the Service shows sources or says it has checked something.

5.2 Not professional advice. Nothing the Service produces is legal, tax, accounting, financial, investment, insurance, medical, employment, immigration or other professional advice, and using the Service does not create a professional relationship with us. Policies, procedures, job advertisements, document checks, lease and contract reads, grant matches, savings and money-leak findings, price watches, fact checks, quote comparisons, forms filled for you, key dates and meeting notes are aids to help you think and act. Have a qualified professional check anything that matters before you rely on it.

5.3 No promised outcome. We do not promise any outcome, including any saving, price, grant, booking, sale, lead, reply, payment or recovery of money, or that a deadline, date or figure the Service reports is correct.

6. You are the one acting

6.1 GIDEON acts as your agent, for you and at your direction. Every email, message, text, call, booking request, quote request, form, reply, post and document sent or made through the Service is made by you and for you, with GIDEON acting only as your agent to carry out your instructions. You are responsible for it as if you had sent or made it yourself, whether it goes in your name, in GIDEON's or Jasmine's name as your assistant, from your own mailbox or phone, or from ours.

6.2 How you instruct and approve. You give an instruction or approval when you, or someone you allow, do any of the following, and you agree each one authorises the action it leads to:

6.3 Check before you approve. You are responsible for the content, recipients, timing and effect of what you approve, and for reading the draft, plan, read-back or held step the Service shows you before you approve it. If GIDEON has misunderstood you, stop or change it before it goes. GIDEON interprets what you say and may act on the most likely meaning of an instruction that is not fully specific; if that matters, be specific.

6.4 Your promises about the people you contact. You promise that, for every person, business and number you ask the Service to contact or call, and every address and number you give it, you have the right and every consent the law requires to contact them in that way, to use that number or address, and to have the call recorded and transcribed; and that you will not ask it to contact anyone who has asked not to be contacted.

6.5 Our safeguards are not your safeguards. The Service has limits of its own, such as holding certain actions for your approval, daily caps, calling hours, AI and recording disclosures, and refusing some numbers. We may change them. They exist to protect us and the Service, and they are not legal advice or a promise that what you do is lawful. If a safeguard does not apply, does not work or is removed, you remain responsible for the action.

6.6 Deals are between you and the other party. GIDEON does not pay or sign for you. Any booking, purchase, quote you accept, agreement or arrangement made through the Service is between you and the other party, on their terms. We are not a party to it and are not responsible for whether the other party performs.

7. Following the law is your responsibility

7.1 You are responsible for complying with every law that applies to how you use the Service, in every place where you, the people you contact, and the people on your calls are. This includes, without limit:

7.2 Registrations and notices. You are responsible for any registration, consent, notice or record you need in order to contact people, and for the notices on your own website, forms and phone lines.

8. Calling GIDEON from your phone

8A. Answering your business phone

8B. Calls and texts GIDEON makes for you

9. Your account and its security

9.1 Accurate details. Give accurate information when you sign up and keep it current, including your email address, the phone numbers on your Business profile and your business details. We may ask you to verify your email, a phone number or your business, and may apply waiting periods and sending limits to new accounts, before you can use some features (such as calls, texts, emails to other people, free credits or a phone number in your business's name), and may refuse a feature if verification fails.

9.2 Keep it secure. Keep your sign-in, access keys, devices and the email and phone accounts linked to your account secure, and tell us at once at it@xfactorai.com if you think someone else has used them. Access keys are shown once and cannot be recovered.

9.3 You are responsible for activity on your account, including activity by anyone using your sign-in, devices, access keys, connected accounts or saved phone numbers, and by anyone you let approve work for you, unless it happened because we failed to take reasonable care.

10. Connected accounts and data you give us

10.1 Your permission. When you connect an account (for example Google or Microsoft email and calendar, another mailbox, an accounting package or a bank feed) or give us content (files, recordings, contacts, messages), you authorise us to access, store and process it to provide the Service to you, as described in the Privacy Policy. You can disconnect an account or delete content at any time, which stops our further access.

10.2 You are entitled to share it. You confirm that you have every right, consent and notice needed to give us the content and data you put through the Service, including personal information about other people in your mailboxes, contacts, files, recordings, call transcripts, meetings, staff records, leads, books and bank records, and to let us process it as these Terms describe.

10.3 Our role. For that personal information about other people, you (or your business) decide why and how it is processed and are responsible for it under privacy law (the "controller" or equivalent), and we process it on your behalf and on your instructions as your service provider (the "processor" or equivalent). We will make a data processing addendum available on request to it@xfactorai.com; where you accept it, it forms part of these Terms.

10.4 Other services' terms. A connected service's own terms continue to apply to your account with it. You are responsible for complying with them, and for any charges it makes.

11. Acceptable use

11.1 You must not use the Service, or let anyone else use it, to:

11.2 What we may do. We may monitor use of the Service for abuse and security, apply limits, refuse or stop any message, call or action, suspend features or close accounts, and cooperate with telephone carriers, email providers, platforms and authorities, including by sharing information they lawfully ask for.

12. Other people's services and sites

The Service uses and links to services, websites and data provided by others, including AI model providers, telephone carriers, email, payment and hosting providers, the accounts you connect, search results, maps, booking sites and other Yes apps. They are provided by those others on their own terms. We do not control them and are not responsible for them, including their availability, accuracy, security, outages or price changes. A link, search result, supplier, venue, grant programme or listing shown in the Service is not an endorsement. We are not responsible for what suppliers, businesses, venues, grant bodies, recipients or anyone else you deal with through the Service do or say.

13. Intellectual property and your content

13.1 Ours. We and our licensors own the Service, including its software, design, prompts, methods and content we provide, and the YesBusiness, GIDEON and Jasmine names. We give you a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. No other rights pass to you.

13.2 Yours. You keep ownership of the content you give us. As between you and us, and to the extent the law allows, you own the output the Service generates for you. Output may not be protected by copyright, and similar output may be generated for others. You are responsible for checking that output you use (text, images, audio, video) does not infringe anyone else's rights, and for any photos, clips, logos and words you give us to use.

13.3 Licence to us. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display your content and output, and to have our service providers do so, to provide, secure, support and maintain the Service for you and to keep it reliable and safe. We do not use your content to train our own AI models. We send content to AI model providers under their business terms for them to process it for you; see the Privacy Policy.

13.4 Feedback. If you send us ideas or feedback, we may use them without restriction or payment to you.

14. Confidentiality, security and backups

We take reasonable technical and organisational measures to protect your content, as described in the Privacy Policy, but no system is completely secure and we do not guarantee that your content will never be lost, damaged, disclosed or accessed without permission. The Service is not a backup or a system of record. Keep your own copies of anything important; you can export your data from the app.

15. Disclaimers

The Service and all output are provided "as is" and "as available". To the fullest extent the law allows, we and our suppliers disclaim all warranties, conditions and terms, express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, title, non-infringement, and that the Service will be uninterrupted, timely, secure or error-free.

Without limiting that: calls may fail, drop, be cut short or be misheard or mistranscribed; emails, texts and notifications may be delayed, filtered as spam or not delivered; connected accounts may disconnect; scheduled or held actions may not run; and data from banks, accounting packages, mailboxes, search and other sources may be incomplete or wrong.

16. Limitation of liability

To the fullest extent the law allows:

(a) Neither we nor our affiliates, officers, employees, agents or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, contracts, savings, goodwill or data, however caused.

(b) Our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (i) the amount you paid us in the three months before the event giving rise to the claim and (ii) US$100.

(c) These limits apply to every kind of claim, whether in contract, tort (including negligence), statute, strict liability or otherwise, even if we were told the loss was possible, and even if a remedy fails of its essential purpose.

Time limit. Where the law allows, any claim against us must be started within one year after it arose, or it is permanently barred.

The limits in this section do not apply to liability that cannot be limited by law, as section 18 explains.

17. Indemnity

You will defend, indemnify and hold harmless XFactorAI, its affiliates, and their officers, members, employees, contractors, agents and suppliers against any claim, demand, investigation, fine, penalty (including charges or penalties imposed by telephone carriers, messaging platforms and regulators), loss, liability, damage, cost and expense (including reasonable legal fees) arising out of or relating to: your content; your instructions and approvals and those given on your account; any email, message, text, call, booking, form or other action made for you through the Service; your breach of these Terms or of any law; and any dispute between you and your customers, staff, contacts, recipients, callers or any other third party.

We will tell you about a claim you must cover, and may take part in or control its defence at your cost. You may not settle a claim that imposes an obligation on us without our written agreement. This section applies to the extent the law allows.

18. Rights the law does not let us exclude

18.1 Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or liability that the law does not allow to be excluded, restricted or modified, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law says cannot be limited.

18.2 Australia. If the Australian Consumer Law gives you guarantees that cannot be excluded, those guarantees apply. Where the law allows our liability for failing to meet such a guarantee to be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

18.3 United Kingdom and European Union. If you are a consumer in the United Kingdom or the European Union, you have statutory rights that these Terms do not affect, and the limits in sections 15 to 17 apply only to the extent the law allows.

18.4 Business use. The Service is intended for business use. Where the law allows, you agree that you acquire it for business purposes and that laws protecting consumers that can be excluded for business customers do not apply.

19. Disputes, arbitration and governing law

Please read this section carefully. It requires disputes to be resolved by individual binding arbitration, not in court, and waives class actions and jury trials, unless you opt out (19.6) or the law where you live does not allow it (19.8).

19.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and by the US Federal Arbitration Act for section 19.

19.2 Talk to us first. Before starting arbitration or a court claim, the person bringing the claim must send a written notice describing it and the relief sought to it@xfactorai.com (for claims against us) or to the email on your account (for claims against you), and both sides must try in good faith to resolve it for 30 days.

19.3 Binding arbitration. If it is not resolved, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those rules require it. The arbitration will be conducted by one arbitrator, in English, seated in Wilmington, Delaware, and may be held by video or on documents. The arbitrator decides questions of arbitrability, except as section 19.5 says. Judgment on the award may be entered in any court with jurisdiction.

19.4 Exceptions. Either side may bring an individual claim in a small-claims court that has jurisdiction, and either side may seek an injunction or other equitable relief in court to protect its intellectual property, confidential information or the security of the Service.

19.5 Class action and jury waiver. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone but the individual party. You and we waive any right to a jury trial. If this section 19.5 is found unenforceable for a claim, that claim must be decided by a court, not in arbitration.

19.6 Opting out. You may opt out of sections 19.3 and 19.5 by emailing it@xfactorai.com within 30 days after you first accept these Terms, with your name, the email address of your account and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.

19.7 Courts. Any dispute not resolved by arbitration will be decided exclusively by the state or federal courts located in Delaware, and both sides consent to their jurisdiction, except as section 19.8 says.

19.8 Where local law gives you other rights. If the law where you live does not allow arbitration, the class action waiver, Delaware law or Delaware courts to be applied against you (for example, if you are a consumer in Australia, the United Kingdom or the European Union), those parts do not apply to you to that extent: the mandatory law of the place where you live applies, and you may bring a claim in the courts of that place, which have non-exclusive jurisdiction.

19.9 Severability. If any part of this section 19 is found unenforceable, the rest of it remains in effect.

20. Suspension and termination

20.1 By you. You may stop using the Service and delete your account at any time from Settings.

20.2 By us. We may suspend or limit any feature or your account, or close your account, with or without notice, if we reasonably believe you have breached these Terms or the law, your use creates risk or possible liability for us, our providers or others, a carrier, platform or authority asks us to, your payment fails or is disputed, or we stop offering the Service or a feature. Where it is reasonable to do so we will tell you why. We may also close accounts that have not been used for a long period, after giving notice to the account's email address.

20.3 What happens then. When your account ends, your right to use the Service ends, credits end as section 4.11 says, phone numbers held for you are handled as section 8A says, and call recordings held by our telephone provider are deleted. Export your data from Settings before you delete your account; deletion takes effect at once. If we close your account, unless we do so for a serious breach or the law prevents it, you may ask us within 30 days for an export. We delete your data as the Privacy Policy describes.

20.4 What survives. Sections 4.9, 4.11, 5, 6, 7, 10.2, 13, 15 to 19, 20.3, 20.4 and 22, and any other terms that by their nature should survive, continue after your account ends.

21. Changes

21.1 To the Service. We may change, add or remove any part of the Service at any time.

21.2 To these Terms. We may change these Terms. We will post the new version with its date, and for a material change we will tell you in the app or by email a reasonable time before it takes effect, unless the change is needed sooner for legal, security or safety reasons. If you keep using the Service after a change takes effect, you accept it. If you do not accept it, stop using the Service and close your account. A change does not apply to a dispute already notified under section 19.2.

22. General

22.1 Notices. We may give you notices in the app or by email to your account's address, and they are received when sent. You must give legal notices to us by email to it@xfactorai.com and, for formal legal process, in writing to XFACTORAI LLC, 7345 W Sand Lake Rd, Ste 210 - Office 4812, Orlando, Florida 32819, United States.

22.2 Electronic communications. You agree to receive agreements, notices and other communications from us electronically.

22.3 Assignment. You may not transfer these Terms or your account without our written consent. We may transfer them, including as part of a merger, acquisition or sale of assets, or to an affiliate.

22.4 Events beyond our control. We are not responsible for failure or delay caused by events beyond our reasonable control, including failures of carriers, networks, AI or other providers, power, the internet, cyber attacks, labour disputes, natural events, epidemics, war or government action.

22.5 Relationship. Apart from the limited agency in section 6 to carry out your instructions, nothing in these Terms creates a partnership, joint venture, employment, fiduciary or franchise relationship between you and us.

22.6 Whole agreement. These Terms are the entire agreement between you and us about the Service and replace any earlier terms or understandings about it, except for the plans described in section 4.10.

22.7 No waiver; severability. If we do not enforce a right, we have not waived it. If any part of these Terms is found unenforceable, it is enforced to the fullest extent allowed and the rest remains in effect.

22.8 Export and sanctions. You must comply with US and other export control and sanctions laws, and must not use the Service in, or provide access to it to anyone in, a country or for a person subject to them.

22.9 US government users. The Service is commercial computer software and documentation, provided to US government users only with the rights given to all other users under these Terms.

22.10 Interpretation. "Including" means including without limitation. Headings and the short version are for convenience only. If these Terms are translated, the English version controls.

23. Contact

For any question about the Service, a refund request, a privacy request, a legal notice, a dispute or an arbitration opt-out, email it@xfactorai.com. In the app, Help (in Settings and on the sign-up card) also reaches us, and yesbusiness.ai/status shows whether the Service is running.

XFACTORAI LLC, a Delaware limited liability company.

© 2026 XFACTORAI LLC