BIND AI TERMS OF SERVICE

1. Agreement to Terms

By accessing or using Bind AI's services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

Bind AI LLC ("Company", "we", "us", or "our") operates the Bind AI platform and related services.

2. Use License

2.1 Grant of License

Subject to your compliance with these Terms, Bind AI LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes.

2.2 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service
• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature
• Reverse engineer, decompile, or disassemble any aspect of the Service

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. Bind AI LLC is not liable for any loss or damage arising from your failure to maintain account security.

4. Subscription Plans and Payment Terms

4.1 Subscription Plans

Bind AI LLC offers various subscription plans, including:

• Monthly subscription plans
• Annual subscription plans
• Lifetime Credit Bundles
• Usage-based plans

4.2 Lifetime Credit Bundles

Important Notice Regarding "Lifetime" Credits:

When you purchase a Lifetime Credit Bundle from Bind AI LLC, the term "lifetime" specifically refers to the lifetime of the Bind AI product and service, not your personal lifetime or any indefinite period. This means:

• Product Lifetime: Lifetime Credits are valid and usable for as long as the Bind AI service remains active and operational
• Service Continuity: Should Bind AI LLC decide to discontinue the Service, modify its core functionality, or cease operations, your Lifetime Credits will remain valid only until such discontinuation or modification takes effect
• No Expiration During Active Service: As long as the Bind AI service continues to operate in its current form, your Lifetime Credits will not expire and will not be subject to monthly or annual resets
• No Refunds Upon Service Changes: In the event of service discontinuation or significant modification, Lifetime Credit purchases are non-refundable, though we will provide reasonable advance notice (minimum 90 days) when possible
• Transferability: Lifetime Credits are tied to your account and are non-transferable to other users or accounts without explicit written permission from Bind AI LLC
• Feature Access: Lifetime Credits grant access to features available at the time of purchase and may include access to new features added during the active lifetime of the product, at the sole discretion of Bind AI LLC

By purchasing Lifetime Credits, you acknowledge and agree to these terms and understand that "lifetime" is contingent upon the continued operation and availability of the Bind AI service.

4.3 Payment Processing

• All fees are in United States Dollars (USD) unless otherwise stated
• Payment is due immediately upon purchase
• We use third-party payment processors and are not responsible for errors made by such processors
• You authorize us to charge your designated payment method for all fees

4.4 Billing and Renewal

• Monthly subscriptions automatically renew each month
• Annual subscriptions automatically renew each year
• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds or credits for partial months or years

4.5 Price Changes

Bind AI LLC reserves the right to modify subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle.

5. Usage Credits and Limits

5.1 Credit System

• The Service operates on a credit-based system
• Different subscription plans include different credit allocations
• Credits may be consumed based on usage of AI models, compute resources, and other Service features
• Monthly subscription credits reset at the beginning of each billing cycle and do not roll over
• Lifetime Credits do not expire as long as the Service remains operational

5.2 Fair Use Policy

You agree to use the Service in accordance with our Fair Use Policy. Excessive or abusive usage may result in throttling, suspension, or termination of your account.

6. Intellectual Property Rights

6.1 Service Content

The Service and its original content, features, and functionality are owned by Bind AI LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 User Content

• You retain ownership of any code, data, or content you create using the Service ("User Content")
• You grant Bind AI LLC a limited license to host, store, and display your User Content solely for the purpose of providing the Service
• You are responsible for ensuring you have all necessary rights to any User Content you submit

6.3 Generated Code

Code generated by the Service using AI models may not be unique. While you may use such generated code, Bind AI LLC makes no guarantees regarding originality, copyright status, or fitness for any particular purpose.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined in our Privacy Policy.

7.1 Data Security

We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure.

7.2 Data Retention

We retain your data for as long as your account is active or as needed to provide you the Service, comply with legal obligations, resolve disputes, and enforce our agreements.

8. Third-Party Services and Integrations

8.1 Third-Party Platforms

The Service may integrate with third-party platforms (e.g., GitHub, Vercel, Supabase). Your use of such integrations is subject to the respective third-party terms of service.

8.2 Third-Party Content

Bind AI LLC is not responsible for any third-party content, services, or websites accessed through the Service.

9. Service Availability and Modifications

9.1 Availability

While we strive for high availability, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

9.2 Modifications

Bind AI LLC reserves the right to:

• Modify or discontinue any part of the Service at any time
• Update these Terms at any time
• Change subscription plans, features, or pricing

We will provide notice of material changes when possible.

9.3 Service Discontinuation

In the event Bind AI LLC decides to discontinue the Service entirely:

• We will provide at least 90 days' advance notice when reasonably possible
• Lifetime Credits will cease to be valid upon service discontinuation
• You will have the opportunity to export your User Content during the notice period
• No refunds will be provided for Lifetime Credit purchases or prepaid subscription periods

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team
• Deleting your account through the Service interface

10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you:

• Breach these Terms
• Engage in fraudulent activity
• Violate our Fair Use Policy
• Fail to pay fees when due

10.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You will no longer have access to your account or User Content
• Unused credits (including Lifetime Credits) will be forfeited
• We may delete your User Content in accordance with our data retention policies

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BIND AI LLC DOES NOT WARRANT THAT:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from use of the Service will be accurate or reliable
• Any errors in the Service will be corrected

11.2 AI-Generated Content Disclaimer

AI-generated code and content may contain errors, security vulnerabilities, or legal issues. You are solely responsible for reviewing, testing, and validating all AI-generated content before use in production environments.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIND AI LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service

11.4 Maximum Liability

IN NO EVENT SHALL BIND AI LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO BIND AI LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Bind AI LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

13.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Bind AI LLC individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be resolved on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

14. Export Controls

You may not use, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Bind AI LLC concerning the Service.

15.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Bind AI LLC may assign these Terms without restriction.

15.5 Force Majeure

Bind AI LLC shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Contact Information

For questions about these Terms, please contact us at:

Bind AI LLC
Email: support@getbind.co
Address: 2108 N St, STE C, Sacramento 95816

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.