Last Updated: August 18, 2027

By accessing or using the services provided by Babbily ("Service") on our website located at Babbily.com ("Website"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Babbily may modify these Terms at any time. Non-material changes are effective immediately upon posting to the Website. For material changes, Babbily will provide notice by posting the updated Terms with a revised "Last Updated" date and, where an active account exists, by email to the address associated with your account. Material changes take effect fourteen (14) days after such notice. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, your sole remedy is to stop using the Service and cancel your account.

Prior versions of these Terms are available on request at [email protected].

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher, to use the Service. By using the Service, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

To access certain features of the Service, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Babbily promptly at [email protected] of any unauthorized use of your account.

You may use the Service for lawful purposes only and in accordance with these Terms. You agree not to use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

Without limiting the foregoing, you agree not to:

(a) attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service;

(b) reverse engineer, decompile, or attempt to extract the source code, model weights, prompts, or underlying architecture of the Service;

(c) resell, sublicense, or provide access to the Service to third parties except as expressly permitted;

(d) use the Service to generate or distribute unlawful, infringing, fraudulent, or harmful content;

(e) circumvent any usage limits, rate limits, billing mechanisms, or access controls;

(f) use automated means to access the Service in a manner that exceeds ordinary human use, except through interfaces Babbily expressly provides for that purpose.

Fees. You agree to pay all fees and charges associated with your account, including subscription fees and usage based token charges, in accordance with the pricing in effect at the time of purchase. All fees are stated in United States dollars and are exclusive of applicable taxes, which are your responsibility.

Authorization for recurring charges. By providing a payment method, you authorize Babbily and its payment processors to charge that method on a recurring basis for all applicable fees until you cancel. It is your responsibility to cancel your account if you no longer wish to be charged. Continued availability of the Service to your account, regardless of whether you actively use it, constitutes delivery of the Service.

Refunds. Except where required by law, all fees are non-refundable. Usage based charges for tokens or compute already consumed are non-refundable under all circumstances. Babbily may, in its sole discretion, issue a refund or credit as a courtesy. Any such courtesy refund is not an admission of liability, does not create an obligation to issue further refunds, and does not waive any of Babbily's rights under these Terms.

Billing disputes. If you believe you have been charged in error, you must contact [email protected] within thirty (30) days of the charge. Babbily will investigate in good faith and respond within a reasonable period.

Chargebacks. You agree to contact Babbily and attempt to resolve any billing concern before initiating a chargeback, payment reversal, or dispute with your bank or card issuer. Initiating a chargeback without first pursuing the process above is a material breach of these Terms. In the event of a chargeback, Babbily may, in addition to any other remedy:

(a) immediately suspend or terminate your account and delete all associated data in accordance with the Termination section;

(b) submit documentation of your account activity, acceptance of these Terms, and use of the Service to the card issuer in response;

(c) recover from you the disputed amounts together with any fees imposed on Babbily by its payment processor, and, where permitted by law, an administrative fee of [$25] per chargeback;

(d) refuse to provide the Service to you in the future.

You acknowledge that account access and usage records maintained by Babbily are sufficient evidence of the delivery of the Service.

All content and materials provided on the Website and through the Service, including but not limited to text, graphics, logos, and software, are the property of Babbily or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except the limited right to use it in accordance with these Terms.

You retain all rights to any content you submit, post, or display on or through the Service. By submitting content, you grant Babbily a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, and display the content in connection with the Service.

You represent and warrant that you have all necessary rights to the content you submit and that it does not infringe or violate the rights of any third party or any applicable law.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information on how we collect, use, and disclose your personal information.

Babbily may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to: breach of these Terms, suspected fraudulent or abusive activity, initiation of a payment dispute or chargeback in violation of the Payments, Refunds, and Chargebacks section above, non-payment, or conduct that Babbily determines in its sole discretion to be harmful to Babbily, other users, or third parties.

You may cancel your account at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your then-current billing period unless otherwise stated.

Effect of termination on your data. Upon termination or cancellation of your account, for any reason:

(a) Your right to access the Service and any content stored within it ends immediately.

(b) Where your account is cancelled by you in the ordinary course, Babbily will make reasonable efforts to retain your account data for a period of thirty (30) days following termination to allow you to request an export. After that period, Babbily may permanently delete all account data, content, logs, and associated records without further notice.

(c) Where your account is terminated by Babbily for cause, including for breach of these Terms, suspected fraud, abuse, or initiation of a chargeback, Babbily may permanently and immediately delete all account data, content, logs, and associated records without any retention period and without further notice.

(d) Deletion is permanent and irreversible. Babbily has no obligation to retain, restore, recover, or produce any data following deletion, and disclaims any liability for its unavailability.

(e) You acknowledge that you are solely responsible for exporting or otherwise preserving any content you wish to keep prior to termination or cancellation.

Sections that by their nature should survive termination, including Intellectual Property, User Content, Payments, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, and Governing Law and Venue, survive termination of these Terms.

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Babbily disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement.

Babbily does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any data, content, or output will be accurate, complete, preserved, or available at any given time.

No backup or archival service. The Service is not a backup, archival, or data preservation service and must not be relied upon as one. You are solely responsible for maintaining independent copies and backups of any content, prompts, outputs, files, or other data you create, upload, or store through the Service. Babbily makes no representation or warranty regarding the retention, durability, availability, or recoverability of any data stored on or through the Service, and expressly disclaims any obligation to preserve, back up, restore, or recover any such data.

Third party dependencies. The Service provides access to models, tools, and infrastructure operated by third parties. Babbily does not control and is not responsible for the availability, performance, pricing, deprecation, modification, or discontinuation of any third party model or service. Access to any particular model, feature, or capability may change or be withdrawn at any time without notice and without liability to you.

Outputs. Outputs generated through the Service may be inaccurate, incomplete, or unsuitable for your purposes. You are solely responsible for evaluating outputs before relying on them, and for any decisions made or actions taken based on them.

To the maximum extent permitted by law, in no event shall Babbily, its affiliates, or their respective officers, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, use, data, or content, or for any cost of procuring substitute services, arising out of or in connection with these Terms or your use of or inability to use the Service, regardless of the theory of liability and even if Babbily has been advised of the possibility of such damages.

Damages cap. To the maximum extent permitted by law, Babbily's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amounts you actually paid to Babbily for the Service during the [three (3)] months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100).

Data loss. Without limiting the foregoing, Babbily shall have no liability whatsoever for the loss, deletion, corruption, or unavailability of any data, content, or output stored on or through the Service, whether resulting from account termination, system failure, third party action, or any other cause.

These limitations apply even if any limited remedy is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Babbily, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Service; (b) your content or outputs; (c) your breach of these Terms or of any applicable law; or (d) any claim brought by a third party relating to your use of the Service.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

Informal resolution first. Before initiating any formal proceeding, you agree to first send a written notice describing the dispute and the relief sought to [email protected], and to attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days from the date of that notice. This step is a precondition to commencing arbitration or litigation.

Binding arbitration. If the dispute is not resolved informally, you and Babbily agree that any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as provided below. The arbitration shall take place in [El Paso County, Colorado] or, at your election, by telephone or videoconference or in the county of your residence. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or confidential information.

Class action waiver. You and Babbily agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative proceeding.

Opt out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

Time limit on claims. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose, or it is permanently barred.

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the State of [Colorado], without giving effect to its conflict of law principles. Subject to the Dispute Resolution and Arbitration section above, you agree that the exclusive venue for any action not subject to arbitration shall be the state or federal courts located in [El Paso County, Colorado], and you consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum.

Entire agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Babbily regarding the Service and supersede all prior agreements and understandings.

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

No waiver. Babbily's failure to enforce any provision of these Terms is not a waiver of its right to do so later.

Assignment. You may not assign or transfer these Terms or your account without Babbily's prior written consent. Babbily may assign these Terms without restriction.

Force majeure. Babbily is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, network or infrastructure failures, third party service outages, or governmental action.

Notices. Babbily may provide notices to you by email to the address associated with your account or by posting to the Website. Notices to Babbily must be sent to [email protected].

If you have any questions about these Terms, please contact us at [email protected].

By using the Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.