Terms of Service

"Service" means the BackApps.ai platform, website, APIs, SDKs, documentation, and all related services provided by BackApps.ai.

"User," "you," or "your" means any individual or entity that creates an account, accesses, or uses the Service.

"Content" means any data, text, code, applications, databases, models, schemas, files, or other materials uploaded, created, or stored using the Service.

"Account" means your registered user account on the Service.

"Subscription" means any paid plan or tier of service you select.

By creating an Account or using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Service and may terminate your Account.

You must create an Account to use the Service. You are solely responsible for:

• Maintaining the confidentiality and security of your Account credentials, API keys, and access tokens
• All activities that occur under your Account, whether or not authorized by you
• Notifying us immediately of any unauthorized use or security breach
• Ensuring that all Account information is accurate, complete, and current
• Implementing appropriate security measures to protect your credentials

You may not share your Account credentials with others or allow others to access your Account. You are liable for all use of your Account, including unauthorized use, unless you notify us promptly of the unauthorized use.

Fees: You agree to pay all fees associated with your selected Subscription plan. All fees are non-refundable except as expressly stated in these Terms or required by law.

Billing Cycle: Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified). You authorize us to charge your payment method for all fees on the applicable billing cycle.

Payment Method: You must provide a valid payment method. You authorize us to charge all fees to your payment method. If your payment method fails, we may suspend or terminate your access to the Service.

Price Changes: We may change our fees at any time. We will provide at least 30 days' notice of fee increases. Your continued use of the Service after the fee increase takes effect constitutes your acceptance of the new fees.

Taxes: All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all such taxes except those based on our net income.

Refunds: Fees are non-refundable except: (i) if we terminate your Account without cause, we will refund any prepaid fees for the unused portion of your Subscription; or (ii) as required by applicable law.

Free Tier: Free tier services are provided "as-is" with no service level agreement (SLA), support guarantees, or warranties. We reserve the right to modify, limit, or terminate free tier accounts at any time with 30 days' notice. Free tier users may be subject to additional usage restrictions.

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights of BackApps.ai or any third party
• Upload, transmit, or distribute malicious code, viruses, malware, or any harmful software
• Attempt to gain unauthorized access to our systems, networks, or other users' Accounts
• Use the Service to send spam, unsolicited communications, or phishing attempts
• Interfere with, disrupt, or impose an unreasonable burden on the Service or our infrastructure
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• Remove, obscure, or alter any proprietary rights notices on the Service
• Use the Service to develop competing products or services
• Store or process sensitive personal data (e.g., health records, financial account numbers, government-issued IDs) without implementing appropriate security measures

We reserve the right to investigate violations of this Acceptable Use Policy and to take appropriate action, including suspending or terminating your Account, reporting to law enforcement, or pursuing legal action.

BackApps.ai Property: The Service and all content, features, functionality, software, APIs, SDKs, and documentation are owned by BackApps.ai and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms.

Your Content: You retain all ownership rights in the Content you create, upload, or store using the Service. By using the Service, you grant BackApps.ai a worldwide, non-exclusive, royalty-free license to host, store, process, and display your Content solely to provide the Service to you and as otherwise authorized by you. This license terminates when you delete your Content or terminate your Account, except for Content that has been shared with other users or is required for legal or regulatory purposes.

Feedback: If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use, reproduce, modify, and commercialize the Feedback without any obligation to you.

Our collection, use, and processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

Data Processing Agreement: If you process personal data of EU/EEA residents using the Service, our Data Processing Agreement (available upon request at legal@backapps.ai) governs such processing and is incorporated into these Terms.

Security: We implement reasonable administrative, technical, and physical safeguards to protect your Content. However, no security system is impenetrable, and we cannot guarantee the absolute security of your Content. You are responsible for implementing your own security measures, including secure coding practices, credential management, and access controls.

Data Location: Your Content may be stored and processed in the United States or other countries where we or our service providers operate facilities. By using the Service, you consent to the transfer of your Content to these locations.

We strive to provide reliable and available Service, but we do not guarantee uninterrupted, error-free, or secure access. The Service is provided on an "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, for any reason, including for maintenance, upgrades, or to address security issues.

Scheduled Maintenance: We will make reasonable efforts to notify you in advance of scheduled maintenance that may affect Service availability.

Support: Support is provided according to your Subscription plan. We are not obligated to provide support beyond what is specified in your plan.

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, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
• ANY DEFECTS OR ERRORS WILL BE CORRECTED
• THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BACKAPPS.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100 USD), OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO BACKAPPS.AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless BackApps.ai, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Your Content or any applications you develop using the Service
• Any claim that your Content caused damage to a third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by BackApps.ai. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party websites or services.

If you integrate third-party services with the Service, your use of such third-party services is governed by their respective terms and conditions, and we are not responsible for your use of or interactions with such services.

Termination by You: You may terminate your Account at any time by following the account termination process in your account settings or by contacting us at support@backapps.ai. Upon termination, your right to use the Service will immediately cease. You remain liable for all fees incurred prior to termination.

Termination or Suspension by Us: We may suspend or terminate your Account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms or any applicable law
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• At our discretion, if we believe your use poses a security or legal risk
• Upon your request
• Discontinuation of the Service

Effect of Termination: Upon termination of your Account for any reason, you will lose access to your Account and Content. We are not obligated to retain or provide you with copies of your Content after termination, except as required by law. We may delete your Content within 30 days of termination. You are responsible for exporting your Content before termination.

Survival: Sections that by their nature should survive termination (including payment obligations, warranty disclaimers, limitation of liability, indemnification, and dispute resolution) will continue to apply after termination.

The Service may be subject to export control laws and regulations of the United States and other countries. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control (OFAC).

You represent and warrant that you are not: (i) located in, or a resident or national of, any country subject to U.S. government embargo or designated as a "terrorist supporting" country; or (ii) on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND REQUIRES BINDING ARBITRATION OF DISPUTES AND WAIVER OF CLASS ACTIONS.

Informal Resolution: Before filing a claim, you agree to contact us at legal@backapps.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.

Binding Arbitration: If we cannot resolve the dispute informally, you and BackApps.ai agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding arbitration, rather than in court, except that:

• Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights or misappropriation of trade secrets
• Either party may bring an action in small claims court if the claim qualifies

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in San Francisco County, California, or via video conference for international users. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AND BACKAPPS.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. Unless both you and BackApps.ai agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@backapps.ai within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

These Terms and any Disputes 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 principles. To the extent arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

Note: Governing law jurisdiction reflects BackApps.ai's state of incorporation. This may be updated upon verification.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BackApps.ai regarding the Service and supersede all prior agreements and understandings.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this section is void.

Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, 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.

Notices: We may provide notices to you via email to the address associated with your Account or by posting on the Service. You consent to receive notices electronically, and electronic notices shall have the same legal effect as paper notices. You may provide notices to us at legal@backapps.ai.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

If you are processing personal data of individuals in the European Economic Area (EEA), United Kingdom, or Switzerland ("EU Personal Data") using the Service, the following provisions apply in addition to our Data Processing Agreement (DPA):

Data Controller and Processor: You are the data controller of your Content, including any EU Personal Data. BackApps.ai acts as a data processor on your behalf when processing EU Personal Data as part of providing the Service.

Lawful Basis: You are responsible for ensuring you have a lawful basis for processing EU Personal Data, obtaining any necessary consents, and complying with all applicable data protection laws, including the General Data Protection Regulation (GDPR).

Data Subject Rights: You are responsible for responding to requests from data subjects exercising their rights under GDPR (access, rectification, erasure, restriction, portability, objection). We will provide reasonable assistance to help you respond to such requests.

Data Security: We implement appropriate technical and organizational measures to protect EU Personal Data as described in our DPA and Security Documentation.

Sub-processors: We may engage sub-processors to process EU Personal Data. A list of current sub-processors is available in our DPA.

Data Transfers: EU Personal Data may be transferred to and processed in the United States and other countries. Such transfers are governed by Standard Contractual Clauses or other approved transfer mechanisms as described in our DPA.