Office Schedule

1. About these terms

1.1 This Office Schedule ("Schedule") is part of the NearMax Terms of Service between Saiatech LLC, an Arizona limited liability company ("NearMax", "we", "us"), and the business that uses NearMax Office ("Customer", "you"). It is effective October 17, 2026.

1.2 This Schedule adds to the NearMax Terms of Service at nearmax.com/terms. If they conflict, this Schedule controls for NearMax Office. The Data Processing Addendum ("DPA") is part of the agreement and controls for its subject.

1.3 You accept this Schedule by clicking to accept, by activating NearMax Office, or by using it. The person accepting confirms they have authority to bind the Customer.

1.4 NearMax Office is for businesses only. It is not offered to consumers for personal, family or household use.

1.5 Definitions:

• Caller: anyone who calls, or is called by, the AI assistant on your behalf.
• Customer Data: information about your Callers and customers that you or your Callers provide through NearMax Office, including recordings, transcripts, caller memory, equipment records and troubleshooting history.
• Customer Content: material you upload or configure, including manuals, knowledge base documents, prices, instructions to the AI and greetings.
• AI Output: anything the AI assistant says, writes or does, including answers, troubleshooting guidance, bookings, summaries and notes.
• Your Model: an AI model from a third-party provider that you connect using your own account and API key.

2. The Office service and the limits of AI

2.1 NearMax Office provides an AI phone assistant that answers calls for your business, books appointments, takes messages, answers questions from your knowledge base, offers basic equipment troubleshooting, and keeps a customer and call log.

2.2 AI makes mistakes. AI Output can be wrong, incomplete or misunderstood, including mishearing names, numbers, dates and model numbers. You are responsible for reviewing call summaries, bookings, notes and transcripts and for correcting errors with your customers.

2.3 The AI acts on your behalf, under your settings. Answers, prices and policies the AI gives come from information you provide. You are responsible for keeping that information accurate and current.

2.4 Not professional advice. AI Output is general information to help your Callers. It is not engineering, electrical, gas, chemical, safety, legal or other professional advice, and it does not replace an inspection by a qualified technician.

2.5 Bookings and quotes. Appointments booked by the AI are requests on your calendar. Prices the AI mentions are only those you configure. Neither creates a contract between NearMax and your Caller. Any contract for your services is between you and your customer.

2.6 Not an emergency service. NearMax Office is not a substitute for 911 or any emergency service and cannot dispatch help. The AI is designed to tell Callers who describe an emergency to hang up and call 911 or the relevant utility, but it may fail to recognise an emergency.

2.7 Availability. NearMax Office depends on telephone carriers, Twilio, AI model providers and hosting providers. Calls may drop, be delayed or go to voicemail. We do not guarantee that every call will be answered or handled correctly, and you should keep another way for customers to reach you.

2.8 Changes. We may improve, change or remove features. We will give at least 30 days' notice before removing a feature you pay for, unless the change is needed for security, legal compliance or a provider's requirements.

3. Your responsibilities

3.1 Following the law. You are responsible for using NearMax Office in compliance with all laws that apply to you and your Callers. This includes call recording, wiretap and eavesdropping laws; laws requiring disclosure of AI or automated systems; the Telephone Consumer Protection Act ("TCPA") and state telemarketing and do-not-call laws; consumer protection and privacy laws; and the licensing rules for your trade.

3.2 Recording and AI disclosure. NearMax Office plays a disclosure at the start of every call stating that the Caller is speaking with an AI assistant and that the call may be recorded, and offers a way to opt out of recording. We treat every call as if all parties must consent to recording. You must not remove, shorten, delay or obscure the disclosure or the opt-out, or instruct the AI to claim to be human.

3.3 Outbound calls. The AI places outbound calls only as callbacks a Caller asked for during a recorded call, and only to that Caller's number. You must not use NearMax Office for telemarketing, sales calls, debt collection, surveys, appointment reminders or any other call the Caller didn't request. You are responsible for honouring do-not-call requests, which the AI records on your do-not-call list. Outbound calls are placed only between 8 am and 9 pm in the Caller's local time.

3.4 Your phone numbers. You confirm you are authorised to forward, port or use any phone number you connect to NearMax Office, and that the business name and caller ID information you give us is accurate.

3.5 Escalation and urgent calls. If you set an escalation number for live transfers, you are responsible for answering it or having a backup. NearMax is not responsible for a missed transfer.

3.6 Your account. You are responsible for everyone who uses your account, for keeping login access secure, and for telling us promptly at hello@nearmax.com about any unauthorised use.

3.7 Your services. You alone are responsible for the services you provide to your customers, including their quality, safety, pricing, warranties and licensing.

4. Troubleshooting, manuals and knowledge base

4.1 What the AI will do. If you turn on troubleshooting, the AI may guide Callers through steps from manuals you upload that are marked owner-safe. It is designed to decline steps marked technician-only and to offer a visit instead.

4.2 Your review of safety markings. NearMax suggests which manual sections are owner-safe. You must review and approve those markings before troubleshooting is turned on, and keep them current. You are responsible for which steps you allow the AI to give your Callers.

4.3 Risk of troubleshooting. Equipment such as pool pumps, heaters, electrical panels and chemical systems can cause injury, property damage or voided warranties if handled incorrectly. Troubleshooting guidance is provided as part of your service to your customers, not by NearMax. NearMax is not responsible for injury, damage, warranty loss or other harm arising from a Caller following, misunderstanding or ignoring AI guidance.

4.4 Rights to upload. You confirm you have the right to upload each manual and document, including any manufacturer copyright permissions, and that uploading it doesn't breach any agreement. We may remove content if we receive a credible complaint.

4.5 No customer data in the knowledge base. Knowledge base documents should describe your business, not individual customers. NearMax scans uploads for personal information and asks you to remove it or confirm it belongs to your business. You are responsible for anything you confirm.

4.6 Licence to us. You grant NearMax a limited, non-exclusive licence to store, process and use Customer Content only to provide NearMax Office to you. This licence ends when the content is deleted.

5. Customer data and AI models

5.1 You own Customer Data. As between you and NearMax, you own Customer Data and Customer Content. NearMax processes Customer Data only as described in the DPA.

5.2 Kept separate. Customer Data is kept separate from every other NearMax customer's data. NearMax never uses one business's Customer Data for another business.

5.3 No training. NearMax does not use Customer Data or Customer Content to train or fine-tune any AI model, and does not allow its AI providers to do so.

5.4 Usage information. NearMax may collect counts and measurements about how NearMax Office performs (for example call volume, call length, booking rate and error rates), combined across businesses and containing no content from calls or any information identifying a Caller. We use it to operate, secure and improve NearMax Office.

5.5 NearMax staff access. NearMax staff do not read your Customer Data except: (a) when you grant time-limited support access, with every access logged and visible to you; (b) when needed to investigate a security incident or abuse; or (c) when required by law.

5.6 Your Model. If you connect Your Model, call content and Customer Data are sent to that provider under your own agreement with them. That provider is your vendor, not NearMax's subprocessor. You are responsible for that provider's terms, data handling, retention and training policies, and costs. NearMax is not responsible for Your Model's availability, accuracy or handling of data. You must accept these terms in your dashboard before switching, and we record that acceptance.

5.7 Fallback. If you choose to fall back to the NearMax model when Your Model fails, call content will be sent to NearMax's AI provider for those calls.

5.8 Legal requests. If a government or court asks NearMax for Customer Data, we will refer them to you where possible and tell you before disclosing unless the law forbids it.

6. Acceptable use and suspension

6.1 You must not use NearMax Office to:

• make telemarketing, robocall, spam or unsolicited calls, or any outbound call other than a requested callback;
• deceive Callers, impersonate another person or business, or have the AI claim to be human;
• collect payment card numbers, bank details, Social Security numbers, health information or other sensitive information by voice;
• handle health information covered by HIPAA, or information about children under 13;
• harass, threaten or discriminate against anyone;
• give instructions for dangerous work that requires a licence, permit or qualified technician;
• break any law, or infringe anyone's intellectual property or privacy;
• probe, overload or interfere with NearMax Office, or try to reach another customer's data.

6.2 Suspension. We may suspend NearMax Office, a phone number or the AI assistant immediately if we reasonably believe: your use breaks the law or these Office Terms; it creates a security, safety or legal risk; a carrier or provider requires it; or payment is more than 15 days overdue. We will tell you why and restore service once the issue is fixed, where possible.

6.3 Abuse protection. We may limit or block calls from numbers that appear to be spam or abuse, and we may set limits on concurrent calls and minutes by plan.

7. Fees and third-party services

7.1 Fees. You pay the subscription fee for your plan plus usage charges shown on your order or pricing page, including metered use of the NearMax AI model. Usage is measured by NearMax's records, which you can view in your dashboard.

7.2 Telecom and pass-through charges. Phone numbers, call minutes, number porting, carrier registration fees and similar telecom charges may be billed separately. If you use Your Model, you pay that provider directly.

7.3 Billing. Fees are charged monthly in advance to your card on file through Stripe; usage is charged in arrears. Fees are non-refundable except where these Office Terms or the law say otherwise. Prices exclude taxes, which you pay.

7.4 Price changes. We will give at least 30 days' notice of a price increase. It takes effect at your next billing period after the notice ends.

7.5 Third-party services. NearMax Office works with services we don't control, including telephone carriers, Twilio, AI providers and calendar providers such as Google and Microsoft. Their outages, rule changes or requirements may affect NearMax Office. When you connect your own account with a third party (such as your calendar or Your Model), that third party's terms apply between you and them.

7.6 Number porting. If you port a number to NearMax and later leave, we will cooperate with a port-out request for 30 days after termination, provided your account is paid up.

8. Warranties, liability and indemnities

8.1 Our commitments. NearMax will provide NearMax Office with reasonable skill and care, and will protect Customer Data as described in the DPA.

8.2 Disclaimer. EXCEPT AS STATED IN SECTION 8.1, NEARMAX OFFICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, NEARMAX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. NEARMAX DOES NOT WARRANT THAT NEARMAX OFFICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY CALL WILL BE ANSWERED, OR THAT AI OUTPUT WILL BE CORRECT OR SAFE TO FOLLOW.

8.3 Excluded damages. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, CUSTOMERS OR GOODWILL, INCLUDING FROM MISSED CALLS, MISSED OR INCORRECT BOOKINGS, OR AI OUTPUT, EVEN IF ADVISED THEY WERE POSSIBLE.

8.4 Liability cap. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO NEARMAX OFFICE IS LIMITED TO THE AMOUNT YOU PAID NEARMAX FOR NEARMAX OFFICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

8.5 Exceptions. Sections 8.3 and 8.4 do not limit: your obligation to pay fees; your indemnity obligations under section 8.6; or liability that cannot be limited by law.

8.6 Your indemnity. You will defend and indemnify NearMax, its members, employees and contractors against third-party claims, and the resulting losses, fines and reasonable legal fees, arising from: (a) Customer Data or Customer Content; (b) your services to your customers, including any injury or damage connected to troubleshooting steps you approved; (c) your breach of section 3 (including recording, AI disclosure, TCPA and do-not-call obligations) or section 6; (d) Your Model and your use of it; or (e) a dispute between you and a Caller or customer.

8.7 Our indemnity. NearMax will defend you against a third-party claim that NearMax Office itself, as provided by us, infringes a United States patent, copyright or trademark, and pay the resulting damages awarded, subject to section 8.4. This does not cover claims caused by Customer Content, Your Model, or use not allowed by these Office Terms. If such a claim arises, we may modify NearMax Office, get you a licence, or end it and refund prepaid fees for the unused period.

8.8 Process. The party seeking indemnity must notify the other promptly, give it control of the defence and settlement (no settlement may admit fault for the indemnified party without consent), and cooperate reasonably.

9. Term, termination and data deletion

9.1 Term. These Office Terms start when you accept them and continue month to month until either party ends them.

9.2 Cancelling. You may cancel NearMax Office at any time from your dashboard. It stays active until the end of the current billing period.

9.3 Termination by NearMax. We may end these Office Terms with 30 days' notice for any reason, or immediately if you materially breach them and don't fix the breach within 10 days of notice, or if you breach section 6 in a way that creates legal or safety risk.

9.4 Your data after termination. For 30 days after NearMax Office ends, you can export your Customer Data and Customer Content from your dashboard. After that, we delete it from live systems within 30 days and from backups within 90 days, unless the law requires us to keep it. Call recordings stored with Twilio are deleted in the same period. We retain non-PII billing ledger and payment-operation records for the standard legal and financial record-retention period after customer data is deleted.

9.5 Surviving terms. Sections 4.3, 5, 8, 9.4 and 10, and any unpaid fees, survive termination.

10. General terms

10.1 Governing law. These Office Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

10.2 Resolving disputes. Before starting any formal proceeding, a party must send written notice of the dispute, and both parties will try in good faith to resolve it for 30 days. Unresolved disputes will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, before one arbitrator, seated in Phoenix, Arizona. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court, or seek an injunction in court to protect its intellectual property or confidential information.

10.3 No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, consolidated or representative proceeding.

10.4 Changes to these Office Terms. We may update these Office Terms. We will email the account owner at least 30 days before a material change takes effect. If you don't agree, you may cancel before the change takes effect, and the old terms apply until then. Continuing to use NearMax Office after that date means you accept the change.

10.5 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of telephone carriers, Twilio, AI providers, hosting or internet services, natural disasters, and government action. Payment obligations are not excused.

10.6 Notices. We send notices to the account owner's email address. You send notices to legal@nearmax.com. Notices are effective when sent.

10.7 Assignment. You may not assign these Office Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you.

10.8 Other terms. These Office Terms, the NearMax Terms of Service and the DPA are the entire agreement about NearMax Office. If any part is unenforceable, the rest remains in effect. Not enforcing a right is not a waiver. The parties are independent contractors. There are no third-party beneficiaries, including Callers.