Terms of Use

Last Updated: September 30, 2025

Welcome to FreshBI. These Terms of Use (“Terms”) govern your access to and use of the FreshBI website at https://freshbi.com (the “Website”) and all business intelligence and data analytics services we provide (collectively, the “Services”).

FreshBI, LLC (“FreshBI,” “we,” “us,” or “our”) is a Limited Liability Company with its registered address at:

6113 Portchester
Schertz, Texas 78108-2017
USA

By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Overview of Services

FreshBI provides business intelligence and data analytics services, including: Custom Power BI dashboard development and implementation, data platform architecture design and deployment, AI and machine learning model integration, business intelligence consulting and strategic advisory, training programs for Power BI, Power Automate, and Power Apps, and process automation and data modeling services. Our Services are designed for businesses and organizations seeking to leverage their data for better decision-making and operational efficiency.

2. Acceptance and Modifications

Acceptance of Terms

By creating an account, engaging our services, or accessing our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and FreshBI.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page and may notify you through email or a notice on our Website. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

3. Account Registration and Security

Creating an Account

To access certain Services, including client portals, dashboards, and training materials, you may need to create an account. When registering, you must provide accurate, current, and complete information, maintain and promptly update your account information, be at least 18 years of age or have parental/guardian consent, and have the authority to bind your organization if acting on its behalf.

Account Security

You are responsible for maintaining the confidentiality of your login credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access or security breach. We reserve the right to suspend or terminate accounts that violate these Terms or show suspicious activity.

4. Service Engagement and Fees

Service Packages

FreshBI offers various service packages with different pricing models: monthly subscriptions starting at $7,000/month, annual subscriptions at $77,000/year, and custom “Plan Big” engagements tailored to specific needs.

Payment Terms

All fees are quoted in U.S. dollars and are due according to the payment schedule agreed upon. Fees are exclusive of all applicable taxes, which you are responsible for paying. We reserve the right to adjust our pricing at any time, with advance notice for existing contracts. Payment processing is handled through secure third-party payment gateways.

Service Modifications and Upgrades

You may request additional services or upgrades during your engagement. Additional services will be priced separately and require written agreement. Services are provided based on availability and our capacity.

Refund Policy

Given the custom nature of our business intelligence services and the resources invested in each engagement, services are generally non-refundable once work has commenced. Refund requests will be considered on a case-by-case basis. Any approved refunds will be prorated based on work completed.

5. Your Responsibilities and Acceptable Use

Information and Cooperation

You agree to provide accurate information about your business intelligence needs, grant necessary access to data systems and platforms required for service delivery, respond promptly to requests for information or clarification, designate appropriate personnel to work with our team, and ensure you have necessary rights and permissions for data you provide to us.

Acceptable Use Policy

To maintain the integrity and security of our Services, the following activities are prohibited:

Account Integrity: You must provide truthful information and maintain accurate account details. Impersonating others, sharing credentials with unauthorized parties, or creating accounts under false pretenses is not permitted.

Legal Compliance: Your use of our Services must comply with all applicable laws and regulations. This includes respecting third-party rights, intellectual property, and data protection requirements.

System Security: You may not attempt unauthorized access to our systems, other user accounts, or connected networks. Activities such as hacking, introducing malicious code, or circumventing security measures are strictly forbidden.

Service Integrity: Reverse engineering our platforms, extracting source code, or reproducing our proprietary materials without permission is prohibited. You may not disrupt, interfere with, or place unreasonable burdens on our Services or infrastructure.

Proper Business Use: Our Services are designed for legitimate business intelligence purposes. Any fraudulent, deceptive, or malicious use is not tolerated.

6. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our Services—including website design, dashboard templates, proprietary methodologies, software implementations, and training materials—represent proprietary assets of FreshBI and our licensors, protected under applicable intellectual property laws. No license or right is granted to you except as expressly stated in these Terms. Our trademarks, service marks, and branding elements may not be used without our written permission.

Your Data and Content

You retain all ownership rights to data and content you provide to us (“Your Data”). By engaging our Services, you grant us a limited license to access, use, and process Your Data to deliver our Services, create dashboards, reports, and analytics based on Your Data, and store Your Data on secure servers during and after our engagement.

Work Product and Deliverables

Deliverables we create for you (dashboards, reports, data models, etc.) become your property upon full payment. However, we retain rights to our underlying methodologies and frameworks, we may use anonymized, aggregated insights for improving our Services, and we may showcase general project types (without identifying information) in our portfolio.

Restrictions

You may not copy, modify, or create derivative works of our proprietary materials, remove or alter any copyright, trademark, or other proprietary notices, or use our trademarks, logos, or branding without written permission.

7. Confidentiality

Mutual Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This includes business strategies and financial information, technical specifications and data architectures, and trade secrets and proprietary methodologies.

Exceptions

Confidentiality obligations do not apply to information that is publicly available through no fault of the receiving party, was already known to the receiving party before disclosure, is independently developed without use of confidential information, or must be disclosed by law or court order.

8. Data Privacy and Security

Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using our Services, you also agree to our Privacy Policy. We implement industry-standard security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that you provide data at your own risk.

9. Service Availability and Performance

No Guarantee of Uptime

While we strive to provide reliable Services, we do not guarantee uninterrupted, error-free, or completely secure access. We may suspend Services for maintenance, upgrades, or security concerns. We are not liable for service interruptions beyond our reasonable control.

Technical Support

Support is provided as part of your service engagement. Response times vary based on your service package and the nature of the issue.

10. Third-Party Services and Links

Third-Party Integrations

Our Services may integrate with third-party platforms (Microsoft Power BI, cloud providers, data sources, etc.). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their availability.

External Links

Our Website may contain links to third-party websites. We do not control or endorse these sites and are not responsible for their content, privacy practices, or availability.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Service Limitations

FreshBI provides Services “as is” and “as available” without warranties of any kind. We do not guarantee specific business results or outcomes from our Services. We are not responsible for decisions you make based on our analytics or recommendations.

Liability Cap

Our total liability for any claims arising from our Services shall not exceed the fees you paid to us in the 12 months preceding the claim.

Excluded Damages

We are not liable for indirect, incidental, special, consequential, or punitive damages, loss of profits, revenue, data, or business opportunities, service interruptions or data loss, or actions of third parties or events beyond our reasonable control.

Exceptions

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless FreshBI, its officers, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your violation of these Terms, your misuse of our Services, your violation of any laws or third-party rights, inaccurate or misleading information you provide, or your data or content that infringes on others’ rights.

13. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters (earthquakes, floods, fires, storms), government actions, laws, or regulations, wars, terrorism, or civil unrest, pandemics or health emergencies, Internet or telecommunications failures, power outages or equipment failures, and acts of third parties (cyberattacks, sabotage).

14. Termination

Termination by You

You may terminate your engagement with us by providing written notice according to your service agreement. You remain responsible for fees incurred up to the termination date.

Termination by Us

We may suspend or terminate your access to our Services immediately if you breach these Terms, you provide false or misleading information, you engage in fraudulent or illegal activity, your account remains inactive for an extended period, or we discontinue Services (with reasonable notice).

Effects of Termination

Upon termination, your access to our Services will cease, you remain obligated to pay for Services rendered, confidentiality obligations survive termination, and we may retain your data as required by law or for legitimate business purposes.

15. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

Jurisdiction and Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Bexar County, Texas. You consent to the personal jurisdiction of these courts.

Informal Resolution

Before pursuing formal legal action, we encourage you to contact us at admin@freshbi.com to seek an informal resolution.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and FreshBI regarding our Services.

Severability

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

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Survival

Provisions that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and dispute resolution) will survive the termination of these Terms.

17. Contact Information

For questions, concerns, or notices regarding these Terms:

FreshBI, LLC
6113 Portchester
Schertz, Texas 78108-2017
USA

Email: admin@freshbi.com
Phone: 210-294-9125

For legal notices, please include “Legal Notice” in the subject line and send via email and certified mail to the address above.

By using FreshBI’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.