Terms of Service

Bai OS, Inc. — Delaware, USA
baios.ai · hey@baios.ai · hey@baios.ai

About this document

This document sets out the terms under which you can use BAI. We have made a deliberate effort to write it in plain language, without giving up the legal rigor required of a service operating across multiple jurisdictions.

Read it before using the Service. If anything is unclear, write to us at hey@baios.ai. For specific questions about privacy and personal data, write to hey@baios.ai.

These Terms apply alongside our Privacy Policy, which is a separate document.

1. Acceptance of Terms

By accessing and using the BAI service ("Service") provided by Bai OS, Inc. ("Company", "we", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you may not access the Service.

Acceptance occurs through an explicit affirmative action by the user at the start of the Service: checking an acceptance box, completing the registration flow, or actively using the Service after having received notice of the Terms.

Continued use of the Service after the entry into force of material changes notified with sufficient advance notice, in accordance with section 19, constitutes acceptance of such changes.

2. Service Description

2.1 What BAI is

BAI is a personal management workspace that captures, organizes, remembers, and returns user information through digital channels, primarily WhatsApp and the web. The Service operates as a digital personal staff with persistent memory: it receives whatever the user decides to entrust to it, structures it into notes, tasks, reminders, and projects, and returns it to the user when they need it.

Artificial intelligence is the technology that enables these functions, not the purpose of the Service. BAI is not a general-purpose conversational assistant.

2.2 Service functions

The Service consists of the following named functions:

• Capture: recording of notes, reminders, tasks, dates, contacts, files, audios, images, and links the user decides to share, via WhatsApp or web.
• Organization: automatic structuring of captured content into categories, tags, views, lists, and boards within the user's personal workspace.
• Memory: persistent storage of user information so it can be returned upon request, associated with the context in which it was shared.
• Search and query: retrieval of previously stored information through natural language queries over the user's own content.
• Reminders: notification to the user of tasks, dates, commitments, and events previously recorded.
• Limited execution: performance of specific actions on integrated external tools (for example, Gmail, Google Calendar, Google Drive) when the user has authorized such integration and after explicit confirmation of each irreversible action, in accordance with section 3.4.

2.3 What BAI is not

To avoid confusion about the scope of the Service, we expressly state that BAI is not:

• A general-purpose conversational assistant. BAI is not designed to answer open-domain questions or to replace web search engines or generalist assistants.
• A substitute for qualified professionals. BAI does not replace medical, legal, financial, tax, psychological, or any other type of professional advice.
• An emergency service or a crisis support provider. For emergency situations or mental health crises, see section 6.
• A person, a friend, a therapist, or an emotional companion. BAI is a tool. The warmth of its communication is a design feature, not a representation of an emotional bond.
• A service for the mass generation of generic content, advertising automation, deepfakes, or identity impersonation.
• A service for business, commercial, or multi-user use. BAI is a service for individual personal use, in accordance with section 12.

2.4 Access channels

The Service is accessible primarily through:

• The web application hosted at baios.ai and associated subdomains, which constitutes the main entry point and administration panel of the workspace.
• WhatsApp, as a capture and conversation channel, connected to the user's account through a verification code (OTP) process.
• Other messaging channels or applications the Company may enable in the future, which will be subject to these same Terms.

Use of the Service through WhatsApp is additionally subject to the Terms of Service and Privacy Policy of WhatsApp Inc. and Meta Platforms, Inc. The user acknowledges that those terms prevail over the present ones with respect to the operation of the WhatsApp channel.

3. Use of Artificial Intelligence

IMPORTANT NOTICE: The Service uses artificial intelligence (AI) technology to process your requests and generate responses. By using the Service, you acknowledge and accept the entire content of this section.

3.1 BAI is a tool, not a person

BAI is a tool designed to help you make the most of your potential: your ideas, your talent, and your ability to make decisions. It stores, organizes, and communicates information in ways that may feel natural, even empathetic. However, BAI is not a person and does not pretend to be one, even when the conversation may feel as if it could be. BAI is built to serve human intelligence, not to replace it. It will not replace your judgment, your intuition, or the people around you.

3.2 Nature of AI responses

AI and machine learning are rapidly evolving fields with inherent limitations. Responses generated by BAI may not always be accurate and may contain material inaccuracies even if they appear accurate due to their level of detail or specificity. You should not rely on any response without independently confirming its accuracy. Specifically:

• Due to the probabilistic nature of machine learning, generated responses may not be completely accurate, complete, or up to date.
• AI-generated content may contain errors, inaccuracies, fabrications, or omissions.
• Responses may not accurately reflect real people, places, facts, or information.
• The Service and any responses may not reflect correct, current, or complete information.

3.3 Use at your own risk

YOU AGREE AND ACKNOWLEDGE THAT ANY USE OF RESPONSES GENERATED BY THE SERVICE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR YOUR USE OF GENERATED CONTENT AND FOR THE USE OF SUCH CONTENT BY ANYONE WITH WHOM YOU SHARE IT. Specifically:

• You should not rely on Service responses as the sole source of truth or factual information.
• Responses DO NOT substitute professional advice (medical, legal, financial, or other) from a qualified professional.
• You are responsible for verifying any information before making decisions based on it.
• We do not guarantee that responses are appropriate for your specific situation.

The limitation of liability set forth in this section does not apply in cases of willful misconduct, gross negligence, or deliberate breach by Bai OS, Inc. In such cases, liability shall be governed by the mandatory law applicable in the user's jurisdiction.

The Service includes automatic warning mechanisms when it detects requests related to health, medicine, law, or finance, reminding the user of the need to consult qualified professionals before making any decision based on the information provided.

3.4 No liability for decisions or outcomes

WITHOUT PREJUDICE TO THE PROVISIONS OF SECTION 3.3, BAI OS, INC. IS NOT RESPONSIBLE FOR ANY DECISION, ACTION, OR OUTCOME DERIVED FROM USE OF THE SERVICE. This includes, without limitation:

• Business decisions: BAI is not a business advisor. Any commercial, business, or strategic decision made based on BAI's responses is entirely your responsibility.
• Financial consequences: any investment, purchase, sale, or financial action taken based on information provided by BAI is at your sole risk. BAI is not a broker, financial advisor, or fiduciary.
• Professional advice: BAI's responses do not constitute legal, medical, tax, accounting, or any other type of professional advice. Always consult a qualified professional.
• Third-party relationships: BAI is not responsible for any consequence arising from communications, negotiations, or agreements influenced by its responses.
• Reputation or brand: any content generated by BAI that you choose to publish, share, or distribute publicly is your sole responsibility.
• Data accuracy: you are responsible for verifying any data, dates, figures, or facts provided by BAI before acting on them.

Under no circumstances shall any response from BAI be interpreted as endorsement, recommendation, or guarantee from Bai OS, Inc. regarding any product, service, investment, strategy, or course of action.

Active integrations: when the Service is connected to third-party tools (for example, Gmail, Google Calendar, or Google Drive), BAI will not execute irreversible actions —sending emails, deleting events, financial transactions, or other actions with permanent consequences— without explicit and individual confirmation from the user in each case. The user may revoke access to such integrations at any time from the workspace.

3.5 Automated decisions and right to human intervention

In accordance with article 22 of Regulation (EU) 2016/679 (GDPR) and equivalent provisions in other jurisdictions, the user has the right not to be subject to decisions based solely on automated processing that produce significant legal effects on them.

BAI does not make autonomous decisions with significant legal effects on the user. The Service's functions (task prioritization, suggestions, reminders, organization of notes) are support for human decision-making. Any irreversible action requires explicit user confirmation.

The user may at any time request human review of any Service output they consider incorrect, by writing to hey@baios.ai. The Company will respond within a reasonable period and, in any case, within the deadlines established by applicable data protection law in the user's jurisdiction.

3.6 Third-party AI providers

BAI runs on artificial intelligence models provided by third parties, including Google, Anthropic, and others ("AI Providers"). These models can make mistakes.

• AI Providers may update, modify, or change their models without prior notice, which may affect the quality, tone, or accuracy of BAI's responses.
• AI Providers' policies and terms also apply to the processing of your data.
• We do not guarantee the continued availability of any specific AI Provider.

Bai OS, Inc. has signed Data Processing Agreements (DPAs) with all of its AI Providers. These agreements limit the use of user data exclusively to providing the contracted service and prohibit its use for training AI models without the user's explicit consent. You may request information about these agreements by writing to hey@baios.ai.

3.7 Known AI limitations

AI technology has known limitations, including:

• Hallucinations: AI may generate information that seems plausible but is incorrect or fabricated.
• Biases: models may reflect biases present in their training data.
• Outdated information: models have knowledge cutoff dates and may not have recent information.
• Limited context: AI may misinterpret the context or intent of requests.
• Inconsistencies: responses may vary even for similar requests.

3.8 Compliance with the EU Artificial Intelligence Regulation (AI Act)

Bai OS, Inc. has assessed the Service in accordance with Regulation (EU) 2024/1689 on Artificial Intelligence (AI Act). The Service is not designed and should not be used as a high-risk AI system as defined by said Regulation. The Service does not make autonomous decisions with significant legal effects on individuals without human supervision.

Transparency (article 50 AI Act): the user acknowledges that they are interacting with an artificial intelligence system. This condition is made explicit in the registration flow, in the Service's public documentation, and in these Terms. When BAI generates content at the user's request, such content may be identified as AI-generated if distributed externally.

System limitations accessible to the user: the limitations described in sections 3.2, 3.6, and 3.7 are the transparency information required regarding the operation of the system. The user may request additional information by writing to hey@baios.ai.

4. Persistent Memory

4.1 What BAI's memory is

Persistent memory is an essential feature of the Service. BAI stores the information the user decides to share with it in order to return it when needed. This memory is what allows BAI to function as a continuous personal workspace rather than a series of isolated conversations.

4.2 What is stored

As part of the normal operation of the Service, BAI may store:

• Text messages, audios, images, files, and links the user sends to the Service.
• Transcriptions of audios processed at the user's request.
• Notes, tasks, reminders, tags, projects, and other objects created by the user or derived from their content.
• Internal technical representations of the content (for example, vector embeddings and generated summaries) necessary for the operation of search and retrieval functions.
• Metadata associated with use of the Service (creation and edit dates, channel of origin, account identifiers).

4.3 Duration of memory

As long as the user's account is active and within the reasonable personal use defined in section 12, the user's memory is preserved without a predefined time horizon. The Service's promise of continuity (remembering across time) is an essential part of the product's value. The user can consult, edit, and delete the contents of their memory at any time.

The specific retention and deletion rules are detailed in section 11.5.

4.4 User control over their memory

The user has direct control over their memory through the web workspace. Specifically, the user may:

• Consult the entirety of their stored memory at any time.
• Edit notes, tasks, reminders, and other created objects.
• Delete specific memories granularly without needing to cancel the entire account.
• Delete the entirety of their memory by canceling the account, in accordance with section 20.
• Export their memory in a standard, portable format.

4.5 Memory continuity across AI provider changes

The user's memory is stored in infrastructure controlled by Bai OS, Inc. and is independent of the AI Providers. If the Company changes AI Provider, the user's memory remains intact. The change of Provider may affect the style, tone, and characteristics of responses, but not the stored content.

5. Sensitive Data

5.1 Definition

For the purposes of these Terms, "sensitive data" or "special category data" means those defined as such by the applicable law in the user's jurisdiction, including, without limitation: data on physical or mental health, sex life or sexual orientation, racial or ethnic origin, religious, philosophical, or moral convictions, political opinions, trade union membership, biometric and genetic data, and data concerning children and adolescents.

5.2 Processing of sensitive data

Given the nature of the Service (a personal workspace with memory), it is foreseeable that the user will voluntarily share sensitive data with BAI: for example, medication reminders, medical or psychological appointments, religious events, personal financial information, etc.

By using the Service, the user grants their express and informed consent for Bai OS, Inc. to process the sensitive data they decide to voluntarily share with BAI, exclusively for the purpose of providing the Service: storing it, organizing it, reminding them of it when needed, and returning it when they search for it.

5.3 Express limitations of use

Bai OS, Inc. does NOT use the user's sensitive data for any of the following purposes:

• Training of artificial intelligence models, our own or those of third parties.
• Commercial analysis, market segmentation, or generation of advertising profiles.
• Targeted advertising or commercial recommendations based on sensitive data.
• Transfer, commercialization, or transfer to third parties other than the technical providers strictly necessary for the provision of the Service (for example, cloud infrastructure and AI Providers under DPA), in accordance with section 11.
• Any purpose other than providing the Service to the user themselves.

5.4 Third-party data shared with BAI

The user may share with BAI information about third parties (for example, contacts, messages from other people, photographs that include other people). In doing so, the user declares that they have the necessary legal basis to process such data in the context of the Service (for example, its domestic or personal use, in accordance with the exception in article 2(2)(c) of the GDPR and equivalent provisions).

The user is solely responsible to those third parties for the information they share with BAI. The Company acts as a mere technical provider that stores and returns information to the user, without contacting or profiling those third parties.

5.5 User responsibility

The user is free to decide what information they share with BAI. The Company recommends that the user avoid sharing sensitive data that is not strictly necessary for the purposes of the Service. The decision to share sensitive data is the user's alone.

Compliance with External Circular 002 of 2024 of the Superintendency of Industry and Commerce (Colombia): the processing of personal data carried out by the Service is governed by the principles of suitability, necessity, reasonableness, and proportionality established by said Circular.

6. Mental Health, Emergencies, and Crises

If you are in an emergency or crisis situation, immediately contact a professional helpline or your country's emergency services. BAI is not an emergency service.

6.1 BAI is not an emergency service

BAI is not a crisis support service, is not designed to respond to emergencies, and does not substitute professional mental health care. The Service should not be used as a primary resource in situations of medical emergency, risk of self-harm, suicidal ideation, violence, abuse, or any other situation requiring immediate intervention by qualified professionals or competent authorities.

6.2 Service behavior upon signs of crisis

When the Service detects signs that suggest the user may be in a crisis situation (including, without limitation, expressions of suicidal ideation, self-harm, abuse, or medical emergency), the usual conversational flow will be interrupted and BAI will offer information about professional support resources, including crisis lines available in the user's country or, failing that, the international directory findahelpline.com, maintained by the ThroughLine organization in cooperation with the International Association for Suicide Prevention and available in more than 175 countries.

The user acknowledges that automated detection may have false positives (situations flagged as crisis without being so) and false negatives (crisis situations not detected). In all cases, the responsibility to seek professional help when needed lies with the user or those around them.

6.3 Emergency resources

For immediate emergency situations, contact the corresponding local service directly. The following are listed for informational purposes and without claim of completeness, emergency numbers and main crisis lines in the Service's habitual operating countries:

• Colombia: general emergency 123. Bogotá mental health line 106. National Health Line 192.
• Mexico: general emergency 911. SAPTEL 55 5259-8121.
• Argentina: general emergency 911. Centro de Asistencia al Suicida 135 (free line in CABA and AMBA) or (011) 5275-1135.
• Brazil: general emergency 192 (SAMU). CVV (Centro de Valorização da Vida) 188.
• Chile: general emergency 131. Salud Responde 600 360 7777.
• Peru: general emergency 106. Line 113 option 5.
• Spain: general emergency 112. Teléfono de la Esperanza 717 003 717. Line 024 (suicidal behavior support).
• United States: general emergency 911. 988 Suicide and Crisis Lifeline.
• United Kingdom: general emergency 999. Samaritans 116 123.
• Rest of the world: international directory findahelpline.com.

This information may not be up to date at all times. The user is responsible for verifying the validity of the numbers before using them. The Company is not responsible for the availability, quality, or outcomes of services provided by the third parties listed in this section.

7. Eligibility

To use the Service, the user must:

• Be at least 18 years old or the age of majority in their jurisdiction of residence, whichever is greater.
• Have a valid WhatsApp account if they wish to use the WhatsApp channel of the Service.
• Provide accurate, current, and complete information during registration.
• Not be prohibited from using the Service under applicable laws.

The Service is not directed at minors. The Company does not knowingly collect data from minors. If the Company becomes aware that a minor has created an account, it will proceed to delete it. If you are a parent or guardian and believe that a minor in your care has created an account, contact hey@baios.ai.

8. User Account

When creating an account, the user is responsible for:

• Maintaining the confidentiality of their account and access methods (including the device associated with their WhatsApp account).
• All activities that occur under their account.
• Immediately notifying hey@baios.ai of any unauthorized use or suspicion of account compromise.
• Keeping the contact and payment information associated with the account up to date.

One account per person. Each BAI account corresponds to one individual natural person. The user may not create or maintain multiple accounts, except with express authorization from the Company. Accounts are personal and non-transferable.

9. Acceptable Use

The user agrees NOT to use the Service to:

• Engage in illegal or fraudulent activities.
• Generate, distribute, or store harmful, misleading, defamatory, discriminatory, or illegal content.
• Send spam, malicious content, viruses, or unsolicited code.
• Attempt to access other users' accounts, data, or information without authorization.
• Interfere with the operation of the Service, its integrations, or the AI Providers.
• Violate third-party intellectual property rights.
• Collect information from other users without their consent.
• Attempt to extract, replicate, reverse engineer, or circumvent the technical limitations of the Service or the underlying AI models.
• Generate content intended to impersonate real people (including voice, image, or text deepfakes), commit fraud through impersonation, or run mass political influence campaigns without due authorization and transparency.
• Automate the use of the user's personal account to send mass messages to third parties without their consent, or for unsolicited marketing purposes through WhatsApp or other channels.
• Use the Service to make autonomous decisions with significant legal effects on third parties without human supervision.
• Any use that contravenes section 12 (Fair Use of the Service).

10. Intellectual Property

The Service, its brand, software, design, documentation, and other original content, features, and functionality are property of Bai OS, Inc. and are protected by international copyright, trademark, patent, and other intellectual property laws.

The user retains all rights to the content they create or store through the Service. The Company does not claim ownership of the user's content.

AI-generated responses may be subject to additional limitations under the corresponding AI Provider's terms. The user is responsible for verifying that their use of such responses does not infringe third-party rights.

Infringement notification procedure: if a third party considers that content generated or stored on the Service infringes their intellectual property rights, they may notify hey@baios.ai with the information necessary to identify the content and the right allegedly infringed. The Company will address notifications in accordance with applicable law, including, where appropriate, the procedures of the Digital Millennium Copyright Act (DMCA).

11. Privacy and Data Protection

11.1 Privacy Policy

Use of the Service is additionally subject to the Privacy Policy of Bai OS, Inc., which constitutes a separate document and describes in detail how the user's personal data is collected, used, protected, and shared, including its processing by third-party AI Providers.

11.2 Security breach notification

In the event of a security breach affecting the user's personal data, Bai OS, Inc. will notify the competent supervisory authority within seventy-two (72) hours of becoming aware of the incident, as required by the GDPR and applicable law. Affected users will be notified without undue delay when the breach poses a high risk to their rights and freedoms.

11.3 Applicable law by jurisdiction

In addition to Regulation (EU) 2016/679 (GDPR) for users in the European Economic Area, the Service complies with the following regulations according to the user's residence:

• Colombia: Law 1581 of 2012 and Decree 1377 of 2013, as well as External Circular 002 of 2024 of the Superintendency of Industry and Commerce.
• Mexico: Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and its Regulations.
• Brazil: Lei Geral de Proteção de Dados (LGPD), Law No. 13,709/2018.
• Argentina: Law 25,326 on Personal Data Protection.
• Chile: Law 19,628 on the Protection of Private Life and, where applicable, Law 21,719.
• United States: applicable federal and state legislation, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents.
• United Kingdom: UK GDPR and Data Protection Act 2018.

To exercise their rights under the regulations of their country, the user may contact hey@baios.ai indicating their request and country of habitual residence.

11.4 International data transfers

Provision of the Service involves international transfers of the user's personal data. In particular, data may be processed in infrastructure located in the United States and other jurisdictions where the technical providers and AI Providers contracted by Bai OS, Inc. operate.

These transfers are carried out under the following safeguards:

• Standard Contractual Clauses approved by the European Commission (Decision 2021/914) where applicable.
• Data Processing Agreements (DPAs) with each technical provider and AI Provider that limit processing exclusively to provision of the Service.
• Compliance with the international transfer requirements established by the regulations applicable in each jurisdiction of the user's residence.

Habitual processing countries and regions: United States, European Union (Ireland, Netherlands), and other regions where technical providers operate data centers. The detailed and updated list of providers and locations is available in the Privacy Policy and may be requested at hey@baios.ai.

By using the Service, the user grants their informed consent for these international transfers under the terms described.

11.5 Retention periods

Bai OS, Inc. retains the user's personal data only for the time necessary to fulfill the purposes for which they were collected, in accordance with article 5(1)(e) of the GDPR and equivalent regulations. The specific periods are:

• User memory in active account with up-to-date payment: preserved while the account is active and within the reasonable personal use defined in section 12. The user may delete specific memories or all of them at any time.
• Account without active payment: when an account no longer has a current payment plan and has not been formally canceled by the user, it will be considered in arrears. During this period, the Company will send notices to the user via WhatsApp and email at 30, 60, and 75 days from the start of the arrears. After ninety (90) days from the start of the arrears without the user regularizing the situation, the account will be considered abandoned and the associated data will be deleted definitively. During those 90 days the user may reactivate the account or export all of their data in a standard, portable format.
• Manual deletion by the user: when the user deletes specific memories or all of their content, such deletion takes effect immediately in production systems, without prejudice to backup copies whose complete rotation may take up to ninety (90) days.
• Voluntary cancellation: the user may cancel the account at any time in accordance with section 20. After cancellation, data is deleted within the periods established therein.
• Minimum legal retention after deletion: the Company may keep minimum records during the periods required by applicable tax, accounting, and information security regulations (typically between five and ten years, depending on jurisdiction). This retention is limited to records strictly necessary for legal compliance: billing data, transaction records, and security logs. It does not include the content of the user's memory.

11.6 Business continuity and user data

In the event of cessation of operations, acquisition, or transfer of business of Bai OS, Inc., users will be notified at least ninety (90) days in advance. During that period, data export tools in standard, portable format will be provided. Data will not be transferred to the acquiring entity without renewed user consent when such transfer involves substantial changes in data processing.

11.7 Data Protection Officer (DPO)

For specific privacy inquiries and to exercise the rights recognized by applicable data protection regulations (access, rectification, deletion, portability, objection, restriction of processing, withdrawal of consent and, where applicable, the right not to be subject to automated decisions), the user may contact our Data Protection Officer at hey@baios.ai. This channel is independent of general Service support.

12. Fair Use of the Service

12.1 General principle

The Service is offered to users with active subscriptions without visible usage limits for reasonable personal purposes. The user does not need to manage quotas, counters, or technical units (tokens, daily messages, files per hour, etc.) to use BAI normally. This is a deliberate product decision: BAI is designed so that the user can use it with the same confidence with which they send messages to themselves on WhatsApp.

In exchange for this freedom, the user accepts that the Service is governed by this Fair Use Policy, which distinguishes between reasonable personal use and patterns that the Company may reasonably consider incompatible with such use.

12.2 What is considered reasonable personal use

Reasonable personal use is considered to be use of the Service by a natural person in the context of their individual personal or professional life: capturing, organizing, remembering, and consulting their own information with the frequency, volume, pace, and patterns characteristic of an individual human user. This includes, among others, intensive use during active workdays, continued use over long periods, extensive conversations, and the capture of significant amounts of notes, audios, images, files, and links.

Reasonable personal use does not require the user to justify their volume or frequency, as long as the pattern is consistent with the activity of a single natural person.

12.3 What is NOT considered reasonable personal use

By way of illustration and not limitation, the following uses are not considered reasonable personal use and constitute a violation of these Terms:

• Programmatic or automated access: use of the Service through scripts, bots, automated agents, unofficial integrations, or any mechanism other than direct human interaction through the supported channels (WhatsApp, web).
• Sharing credentials: assigning, transferring, selling, or allowing the use of the account to third parties, including family members, collaborators, employees, or clients.
• Multiple accounts: creating, maintaining, or operating several BAI accounts by the same natural person, or coordinating the use of several accounts to distribute load.
• Resale, sublicensing, or redistribution: offering the Service or its outputs to third parties, whether free or paid, directly or as part of another product.
• Multi-user commercial use: using the personal account to attend, assist, or process tasks for third parties (clients, employees, team members), even if the account holder always interacts directly.
• Use to power one's own services to third parties: relying on BAI to deliver automated services, customer assistance, content generation at scale, automated marketing, or other commercial products of the user.
• Volume manifestly incompatible with individual use: usage patterns that, evaluated according to technical parameters such as message rate per minute, concurrency of simultaneous sessions, simultaneous geographic dispersion of access points, mechanical regularity of the flow, or general consistency with human patterns, are not reasonably attributable to a single natural person.
• Scraping or mass extraction: attempts to extract, replicate, or massively copy the Service's outputs, the underlying models, or the knowledge base information.
• Any use that the Company, acting reasonably and in good faith, identifies as not attributable to the individual personal use of the account holder.

12.4 Technical protection mechanisms

The Company implements, without publishing them in detail for reasons of security and integrity of the Service, mechanisms for anomaly detection and protection against abuse, including, among others: technical rate limits (rate limiting), automated pattern detection, duplicate account detection, maximum cost control per account, and other measures the Company deems appropriate.

These mechanisms are designed not to affect reasonable personal use and not to require active management by the user.

12.5 Procedure upon suspicion of unauthorized use

When the Service detects patterns compatible with unauthorized uses under section 12.3, the Company will proceed, in general terms and except in cases of flagrant abuse or risk to the integrity of the Service, according to the following escalating procedure:

• Notice to the user through available channels (WhatsApp, email), describing the detected pattern and requesting clarification or adjustment.
• Application of temporary technical limits (throttling) without affecting general access to the account, if the pattern persists.
• Temporary suspension of the account with notice to the user, if the pattern continues or is not clarified.
• Termination of the account in accordance with section 20, in case of clear, repeated, or unclarified abuse.

In cases of flagrant abuse (attacks on the Service, mass scraping, evident fraud, security risk), the Company may apply immediate measures without prior notice, notifying the user as soon as reasonably possible.

12.6 User right of review

If the user considers that a measure has been applied in error, they may contact hey@baios.ai presenting their case. The Company will review the situation within a reasonable period, and if unauthorized use is not confirmed, it will restore access. The Company will not be obliged to disclose the technical details of its detection, but it will act in good faith in the review.

12.7 Migration to business plans

If the user's usage pattern corresponds to business, commercial, or organization-related use, the Company may offer the user, before applying restrictive measures, the possibility of migrating to a specific plan for that type of use, on the terms the Company determines. Business plans may have conditions, prices, service levels, and limits different from those applicable to individual personal use.

12.8 Company discretion

The Company reserves the reasonable power to determine, on a case-by-case basis, whether a usage pattern is compatible with this Fair Use Policy. This determination will be made in good faith, based on the objective criteria described in this section, and will be subject to the user's right of review under section 12.6.

13. Payments and Subscription

13.1 Subscription model

The Service is offered under a paid subscription model. Current prices, including any specific plans, trial periods, and launch discounts, are published at baios.ai and are those applicable at the time of contracting.

13.2 Trial period

The Company may offer free trial periods. The specific terms of the trial period (duration, advance payment requirements, automatic conversion to a paid plan) will be informed to the user before contracting. Unless expressly indicated otherwise, at the end of the trial period the subscription will automatically convert to a paid subscription at the published price, unless previously canceled by the user.

13.3 Automatic renewal

Subscriptions automatically renew at the end of each period (monthly or annual, depending on the plan contracted), charging the payment method registered by the user. The user may cancel automatic renewal at any time from the workspace or by writing to hey@baios.ai. Cancellation takes effect at the end of the current period, with access to the Service maintained until that date.

The user may also manage their subscription (cancel, download invoices, update card) at any time through the Stripe Customer Portal accessible from the workspace, in addition to the channels described in this section.

13.4 Right of withdrawal

Consumer users residing in jurisdictions that recognize a right of withdrawal may exercise it within the corresponding legal periods:

• European Union: fourteen (14) days from the conclusion of the contract, in accordance with Directive 2011/83/EU on consumer rights. The user acknowledges that, if they expressly request the start of the Service during the withdrawal period, they must pay the proportional part of the Service actually provided.
• Colombia: five (5) business days for withdrawal in distance contracts, in accordance with article 47 of the Consumer Statute (Law 1480 of 2011), provided that the legal conditions are met.
• Mexico: the period established in the Federal Consumer Protection Law for distance contracts.
• Other jurisdictions: the period and conditions established by applicable local regulations.

To exercise the right of withdrawal, the user must notify hey@baios.ai within the applicable legal period.

13.5 Refunds

Outside of legal withdrawal cases, payments made are non-refundable, except:

• When the mandatory law applicable in the user's jurisdiction recognizes a right to a refund.
• When the Service has presented sustained material failures not attributable to the user, in which case the Company will evaluate proportional refunds on a case-by-case basis.
• When the Company decides at its discretion to grant a refund, which does not constitute a waiver of its general policy.

Refunds will not be granted in case of account termination for breach of section 12 (Fair Use of the Service) or section 9 (Acceptable Use).

The Go Founder plan, being a one-time payment for an immediately accessible digital service, is subject to the exception of the right of withdrawal over digital content once its provision has begun with the user's express consent, without prejudice to the mandatory EU/CO rights described in §13.4. The user will be informed of and must consent to this waiver before checkout.

13.6 Price changes

The Company may modify the prices of the Service. Price changes for existing subscriptions will be notified to the user at least thirty (30) days in advance of their entry into force. The user may cancel the subscription before the new price takes effect without additional penalty.

13.7 Taxes

Published prices may or may not include taxes depending on the jurisdiction. Any tax, withholding, or levy applicable to the transaction is the user's responsibility, unless the Company is legally obligated to collect it.

13.8 Payment processing

Payments are processed by specialized external providers (for example, Stripe). The user's payment information is processed directly by such providers in accordance with their own terms and privacy policies. Bai OS, Inc. does not store complete credit card data or banking credentials.

13.9 Go Founder Plan

Go Founder is a one-time payment offering available for an indefinite time. It consists of a one-time payment of USD $299 that grants lifetime access to the features included in the BAI Go plan in force at the date of purchase ("Founder Features").

"Lifetime" means, for the time the Company keeps the BAI Service operational. The Company reserves the right to discontinue the Service with reasonable prior notice; in such case, the Founder user shall not be entitled to a proportional refund, except as provided by mandatory law.

New features, integrations, additional capabilities, or products launched after the Founder purchase may carry a separate cost, without affecting access to the original Founder Features.

The Go Founder Plan is not transferable. The Company may close the offering to new purchases at any time, without affecting purchases already made; purchases made after the closing will be governed by the subscription model described in §13.1–13.3.

13.10 Pricing lock for active subscriptions

BAI Go subscribers retain the price in effect at the time of subscription as long as their subscription remains active and uninterrupted. If the subscription is canceled and later reactivated, the public price in force at the time of reactivation will apply.

13.11 Currency and conversion

Prices are charged in United States Dollars (USD). If the user's card operates in a different currency, the issuing bank will apply the exchange rate in force plus its fees, which are not the Company's responsibility.

13.12 Statement descriptor

The charge will appear on the user's bank statement as BAI OS, INC. If the user does not recognize the charge, they must contact hey@baios.ai before initiating a dispute with their bank.

13.13 Tax collection (Stripe Tax)

Published prices are net. Where VAT or other local tax applies according to the user's jurisdiction, it will be charged additionally at the time of payment, calculated and collected by our processor (Stripe Tax) in compliance with the applicable tax regulations. This mechanism complements the general allocation of tax responsibility set out in §13.7.

13.14 Disputes and chargebacks

Before initiating a chargeback dispute with their issuing bank, the user agrees to contact hey@baios.ai and give the Company the opportunity to resolve the issue within seven (7) business days. Disputes initiated without prior contact may result in immediate suspension of the Service.

14. Service in Active Development

The Service is in a phase of active development and continuous evolution. The user acknowledges and accepts that:

• The functions, integrations, and features of the Service may change, expand, be modified, or be discontinued without this constituting a breach, provided that the essential functionality described in section 2 is maintained.
• The Company may offer certain functions under labels such as "beta", "preview", or "experimental", which may present additional instabilities, errors, or limitations.
• During this phase, the Company does not commit to specific service levels (SLA) in terms of availability, response times, or performance, except as expressly established in specific plans.
• The Company will make reasonable efforts to notify the user of significant changes in advance, in accordance with section 19.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAI OS, INC. AND ITS AI PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• Warranties of merchantability.
• Fitness for a particular purpose.
• Satisfactory quality.
• Non-infringement.
• Quiet enjoyment.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free.
• AI responses will be accurate, complete, reliable, or suitable for any purpose.
• Results obtained will be accurate or reliable.
• The quality of the Service will meet the user's expectations.
• Any content will be safe, not lost, or altered.

The provisions of this section do not apply in cases of willful misconduct, gross negligence, death, or personal injury caused by Bai OS, Inc., nor in any other circumstance where the mandatory law applicable in the user's jurisdiction prohibits the exclusion of liability. In such cases, the liability of Bai OS, Inc. shall be governed by the applicable regulations, including Directive 93/13/EEC and the consumer protection laws of each country.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAI OS, INC., ITS AFFILIATES, LICENSORS, AND AI PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or anticipated savings.
• Loss of data or information.
• Loss of use or goodwill.
• Damages resulting from incorrect or incomplete AI-generated information.
• Damages from decisions made based on Service responses.
• Damages from service interruptions or AI Provider failures.
• Damages arising from the application of protective measures under section 12, when such measures have been applied in good faith.
• Any other intangible loss.

THESE LIMITATIONS APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The total cumulative liability of Bai OS, Inc. under these Terms shall not exceed the greater of the following amounts: (a) the total amount the user has paid for the Service during the twelve (12) months prior to the event giving rise to the claim, or (b) two hundred fifty US dollars (USD 250).

This limitation does not apply in cases of willful misconduct or gross negligence by Bai OS, Inc., nor when the mandatory law of the user's jurisdiction establishes higher minimum limits, in which case the legally required minimum will prevail.

17. Indemnification

The user agrees to defend, indemnify, and hold harmless Bai OS, Inc., its affiliates, directors, employees, agents, and AI Providers, from any claim, damage, obligation, loss, liability, cost, or expense (including reasonable attorney's fees) arising from:

• Use of the Service in breach of these Terms, including violations of sections 9 and 12.
• The user's violation of these Terms.
• Content the user provides or generates through the Service in violation of third-party rights.
• The user's violation of intellectual property rights or other third-party rights.
• Extraordinary infrastructure or AI Provider costs generated by use of the Service in breach of section 12 (Fair Use of the Service).

The indemnification obligation does not apply when the damage results from inaccurate or incomplete information provided by the Service for which the user has not received the warnings established in section 3.

18. Service Availability

The Company will make reasonable efforts to maintain the Service available 24/7, but does not guarantee uninterrupted availability. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance.
• Service or AI model updates.
• Interruptions of AI Providers or other third-party technical providers.
• Incidents in the infrastructure of WhatsApp, Meta, or other messaging channels.
• Application of protective measures under section 12 against detected abuse.
• Force majeure causes (unforeseeable and inevitable events outside the Company's reasonable control, including natural disasters, wars, cyberattacks, pandemics, governmental decisions, and widespread outages of telecommunications or Internet services).
• Other circumstances outside the Company's reasonable control.

During force majeure events, the obligations of the parties are suspended to the extent that such event prevents their fulfillment, without this constituting a breach.

19. Modifications to the Terms

The Company reserves the right to modify these Terms at any time. Modifications are classified into two categories:

19.1 Non-material changes

Style corrections, typographical errors, drafting improvements, or clarifications that do not alter the substantial rights or obligations of the user. These changes will take effect immediately upon publication at baios.ai/terms.

19.2 Material changes

Any modification that substantially affects the rights or obligations of the user, including changes in data processing, limitations of liability, prices, available integrations, fair use policy, or user rights. For these changes, the Company will notify with at least thirty (30) days in advance of their entry into force, using available communication channels (WhatsApp, email, or others).

If the user does not agree with the new terms, they may cancel their account without penalty before the entry into force date and export all of their data in accordance with section 20.

20. Termination

20.1 Termination by the Company

The Company may terminate or suspend access to the Service immediately, with prior notice when possible, in the following cases:

• Serious or repeated breach of these Terms.
• Violation of section 9 (Acceptable Use) or section 12 (Fair Use of the Service), in accordance with the procedure described therein.
• Fraudulent use or illegal activity.
• Non-payment of Service fees under the terms of section 11.5.
• Requirement of a competent authority.

20.2 Termination by the user

The user may terminate their account at any time by contacting hey@baios.ai, by using the command "CANCEL MY ACCOUNT" in the WhatsApp channel of the Service, or through the corresponding option in the web workspace.

20.3 Data protection after termination

In case of unilateral termination by Bai OS, Inc. without cause of breach by the user, a period of thirty (30) days will be provided during which the user may export all of their data in standard, portable format. After said period, data will be deleted definitively, except for the minimum legal retention established in section 11.5.

In case of termination for user breach, the same process will apply with a period of fifteen (15) days, unless applicable law requires otherwise.

In case of voluntary termination by the user, the content will be deleted definitively within thirty (30) days from the request, except for express user request for immediate deletion.

21. Governing Law and Jurisdiction

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

Generally, any dispute arising from these Terms shall be submitted to the state or federal courts located in Delaware, United States.

Notwithstanding the foregoing, users acting as consumers may resort to the courts of their habitual place of residence in accordance with the consumer protection regulations applicable in their jurisdiction. This provision is especially applicable to users residing in the European Union (in accordance with Regulation 1215/2012), United Kingdom, Colombia, Mexico, Brazil, Argentina, Chile, and other countries in which mandatory consumer regulations recognize this right.

22. Dispute Resolution

Before initiating any legal proceedings, the user agrees to attempt to resolve any dispute informally by contacting hey@baios.ai. The Company will make its best effort to resolve the dispute within thirty (30) days of receipt of the notification.

Prior mediation: if the dispute is not resolved amicably within thirty (30) days, the parties will submit to a mediation procedure administered by a center of internationally recognized prestige, such as the International Centre for Dispute Resolution (ICDR) or the Centro Internacional de Mediación y Arbitraje (CIMA), before resorting to the courts. The costs of mediation will be shared equally, unless applicable law provides otherwise for consumer users.

If mediation does not succeed, either party may resort to the legal remedies available under section 21.

23. Severability

If any provision of these Terms is found unenforceable or invalid by a court or competent authority, such provision will be modified and interpreted to accomplish its objectives to the greatest extent permitted by law, and the remaining provisions will continue in full force and effect.

24. Third-Party Beneficiaries

AI Providers are intended third-party beneficiaries of the warranty disclaimer and limitation of liability sections of these Terms, to the extent that such provisions are compatible with the consumer protection regulations applicable in the user's jurisdiction.

Under no circumstances may the third-party beneficiary status of AI Providers be used to deprive the user of the minimum rights recognized by the mandatory law applicable in their jurisdiction.

25. Entire Agreement

These Terms, together with the Privacy Policy of Bai OS, Inc. and any specific agreement signed with the user (including authorizations of integrations), constitute the entire agreement between the user and Bai OS, Inc. regarding the Service, and replace all prior agreements, communications, and representations.

26. Contact

If you have questions about these Terms, contact us:

• General support: hey@baios.ai
• Privacy and data protection (DPO): hey@baios.ai
• Company: Bai OS, Inc.
• Jurisdiction: Delaware, USA
• Website: baios.ai

To exercise the rights of access, rectification, deletion, portability, objection, or restriction of processing of personal data, contact exclusively hey@baios.ai indicating the request and country of habitual residence.