Terms of Use

Introduction

The following Terms of Service (“Terms”) are entered into by and between you and BACCA.AI (“Bacca,” “we,” or “us”). The following Terms govern your use of our Services, which include our website at https://www.bacca.ai/ and the services that we provide (the “Services”). ​THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.​Please review these Terms carefully before you our Services. By using our Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services. ‍

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Age Requirements

Our Services are not offered or available to users who are 13 years of age or younger. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guarding has reviewed and agreed to these Terms.

Access to the Services

We reserve the right to withdraw or amend our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services we offer.

You are responsible for making all arrangements necessary for you to have access to the Services, and for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

You agree that all information you provide to register on our Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Notice, and you acknowledge to all actions we take with respect to your information consistent with our Privacy Notice.

Accounts

Account Registration

To access the Services you may be asked to provide certain information register an account (“Account”). You may browse the Services without registering, but some features or functionality may not be accessible unless you register. In registering for the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form; and (ii) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that you have done so, we may suspend or terminate your Account.
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Account Security

You are fully responsible for all activities that occur under your Account. You may not share your Account or password with anyone. You agree to notify us immediately of any unauthorized use of your Account or password or any other similar breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
You are solely responsible for any data, usage, and other charges assessed by mobile, cable, internet, or other communications services providers for your access to and use of the Services.

The Services are licensed, not sold, to you, and all rights granted to you under these Terms are subject to your compliance with the Terms. Without limiting our other rights or remedies under these Terms, you agree we have the right to limit and/or disable your access to the Services if you violate any provision of these Terms or your use of the Services would cause a risk of harm to others.

You are responsible for maintain the security of your Account. Do not share details with others or allow others to access or use your Account. We will treat acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument and you understand you may be held liable for losses incurred by us or any other user of the Services by someone else using your Account.

Account Deletion

You may stop using our Services and request that you delete your Account at any time. You may visit the https://www.bacca.ai/account/my-account to request deletion of your Account. We are not required to provide refunds, benefits or other compensation if you request deletion of your Account unless it is specified by applicable law.

Feedback

We welcome suggestions, comments, and other feedback on our Services (“Feedback”) from all of our customers. If you provide us with Feedback, you agree that: (i) we are not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information belonging to you or any third-party and you have all of the necessary rights to disclose the Feedback to us; (c) we may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind for Feedback.

Services Integration

Our Services integrate with services such as Slack and OpenAI. By utilizing our Services you agree to abide by those respective services’ terms of use and understand that we are not affiliated with Slack or OpenAI.

AI Generated Content

The Services may provide AI Generated Content, which includes iterative and derivative content generated by our Services by a generative artificial intelligence model (“AI Generated Content”). You agree that only Oaisis has any ownership over any AI Generated Content, regardless of whether any data provided by the Customer is used to generate such content, so long as such AI Generated content does not violate Customer’s intellectual property rights. Customer’s access to AI-Generated Content is granted as part of the limited non-exclusive, non-transferable license detailed in these Terms. Any data owned by Customer used to create AI-Generated Content will remain the property of the Customer.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the provisions included in these Terms.To transmit, or procure the sending of, repetitive, irrelevant, “spammy”, or otherwise consisting of low-quality and distasteful advertising or promotional material.To impersonate or attempt to impersonate Oaisis, an Oaisis employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Oaisis or users of the Services, or expose them to liability. Additionally, you agree not to:Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. Other wise attempt to interfere with the proper working of the Services.

Reliance on Information Posted

The information presented on or through the Site or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Site and Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Oaisis, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Oaisis. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third-Party Links

If the Site or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked on the Site or Services you do so entirely at your own risk and subject to the terms of use for such websites.

Trademarks

Oaisis, Bacca.AI, and all related names, logos, product and service names, designs, and slogans are trademarks of Oaisis or its affiliates or licensors. You must not use such marks without the prior written permission of Oaisis. All other names, logos, product and service names, designs, and slogans on the Site and Services are the trademarks of their respective owners.

Intellectual Property Rights

The Site and Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Site and Services are owned by Oaisis, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services. You must not access or use for any commercial purposes any part of the Services we provide. You must not modify copies of any materials from these Services or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Oaisis. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or to your downloading of any material posted on it, or on any site linked to them.

Your use of our Site and Services is at your own risk. The Site and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Oaisis nor any person associated with Oaisis makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Oaisis nor anyone associated with Oaisis represent or warrant that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.


To the fullest extent provided by law, Oaisis hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Oaisis, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to them, and including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Site or Services.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Oaisis, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site and Services other than as expressly authorized in these Terms, or your use of any information obtained from the Site and Services.

Governing Law and Jurisdiction

All matters relating to the Site, Services and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of [Jurisdiction] without giving effect to any choice or conflict of law provision or rule (whether of [Jurisdiction] or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Sites and Services shall be instituted exclusively in the [federal courts of the United States] or the courts of the [Jurisdiction], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Oaisis’ sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the [Rules of Arbitration of the American Arbitration Association] applying [Jurisdiction] law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Oaisis of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Oaisis to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Oaisis.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Contact Us

If you have any questions please visit our contact us page or email us at:
support@bacca.ai