Terms of Service
Effective date: the date you first accept these Terms in the application.
1. Acceptance of these Terms
These Terms of Service (the "Terms") form a binding agreement between you and TrioProd ("TrioProd", "we", "our", "us"), the company that operates the Babika platform, and govern your access to and use of the Babika platform, websites, dashboards, APIs, and related services (collectively, the "Service"). By creating an account, clicking "Accept", or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to both you and that organization.
2. Eligibility
You must be at least 16 years old (or the age of digital consent in your country, whichever is higher) and able to form a binding contract to use the Service. The Service is not intended for children.
3. Your account
You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You must promptly tell us at security@babika.ai if you suspect unauthorized access. We may suspend or close accounts that violate these Terms, that put the Service at risk, or that we are required to act on by law.
4. Subscription, billing, and credits
Some features are billed on a subscription or usage-credit basis. Pricing is shown on our website or in the dashboard at the time of purchase. Subscription fees are charged in advance and are non-refundable except where required by law. We may change pricing on prospective renewals with reasonable notice.
You authorize us and our payment processor (Stripe) to charge your payment method. Failed payments may result in service suspension after a grace period.
5. Acceptable use
You will not, and will not allow anyone else to:
- use the Service for anything unlawful, harmful, defamatory, infringing,
fraudulent, or abusive;
- generate or distribute content that violates third-party rights, including
copyright, trademark, privacy, or publicity rights;
- attempt to access another customer's data, reverse-engineer the Service,
probe, scan, or test the vulnerability of any system without our written permission, or interfere with the Service's integrity or performance;
- use the Service to build a competing product, scrape or harvest data, or
resell access without our written consent;
- transmit malware or any code intended to disrupt, damage, or gain
unauthorized access to a system.
We may remove content or suspend access without notice when we reasonably believe these rules have been broken.
6. Your content
You retain all rights to the content you submit, upload, or generate through the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and modify Your Content solely to operate and improve the Service, to comply with the law, and to provide support. The license ends when you delete Your Content, except for backups that age out on their normal cycle and except where we are required to retain it by law.
You represent that you have the rights necessary to grant this license and that Your Content does not infringe anyone's rights.
7. AI-generated output
The Service uses third-party large language models (Anthropic, OpenAI, Google, and others) to draft, score, classify, and transform content. AI output is:
- probabilistic: the same input can produce different outputs;
- potentially inaccurate or fabricated ("hallucinated"), including
citations, statistics, dates, names, code, and URLs;
- not legal, medical, financial, or professional advice.
You are responsible for reviewing AI output before relying on it, publishing it, or making decisions based on it. You should not submit data you are not authorized to share with model providers. We are not liable for losses caused by AI output you publish without review.
8. Third-party integrations
The Service connects to third-party platforms you choose, such as Webflow, WordPress, HubSpot, Shopify, and Google Analytics. Your use of those platforms is governed by their own terms. We are not responsible for the behavior, downtime, pricing changes, or policy changes of those platforms. Connecting an integration authorizes us to read and write data on your behalf within the scope you grant.
9. Intellectual property
The Service, including all software, content (other than Your Content), and trademarks, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Service in accordance with these Terms. No other rights are granted.
Feedback you send us about the Service is non-confidential, and you grant us a perpetual, royalty-free license to use it.
10. Service availability
We work hard to keep the Service available but do not guarantee a specific uptime in these Terms. We may modify, suspend, or discontinue any part of the Service at any time. We will give reasonable advance notice of material adverse changes when we can.
11. Termination
You may stop using the Service and close your account at any time from the dashboard or by contacting us. We may suspend or terminate your access if you breach these Terms, if your account creates legal or security risk, or if we discontinue the Service. On termination, your access ends and we may delete Your Content after a reasonable export period.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PURPOSE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- TRIOPROD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOST OR CORRUPTED DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY;
- OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT
YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.
Some jurisdictions do not allow these limits. Where that is the case, the limit applies to the maximum extent permitted by local law.
14. Indemnification
You will defend, indemnify, and hold harmless TrioProd and its affiliates from and against any third-party claim arising out of (a) Your Content, (b) your use of the Service in breach of these Terms, or (c) your violation of any law or third-party right. We will give you prompt notice and cooperate reasonably in the defense.
15. Confidentiality
Each party will protect the other's non-public information with at least the same care it uses for its own confidential information of similar sensitivity, and will not use it except to perform under these Terms.
16. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to that jurisdiction. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.
17. Changes to these Terms
We may update these Terms from time to time. When we do, we will publish the new version in the application and require you to accept it before you can continue using the Service. The version you accept is recorded with a timestamp in our system. Continued use after acceptance constitutes agreement.
18. Miscellaneous
These Terms, together with the Privacy Policy and any order forms, are the entire agreement between you and us regarding the Service and supersede any prior agreements on the same subject. If any provision is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
19. Contact
Questions about these Terms: legal@babika.ai.