Terms and Conditions

Last Updated:

Feb 11, 2025

Bahia AI Terms of Service
Effective Date: February 11 2025

1. Introduction

This Main Services Agreement ("Agreement") is entered into between Bahia AI Inc. ("Bahia," "Company," "we," "us") and the customer agreeing to these terms ("Customer"). This Agreement sets forth the terms and conditions under which Customer may use our services (the "Services"). By creating an account, executing an order form referencing this Agreement, or clicking "I Agree," "Continue," or similar, Customer agrees to be bound by the terms of this Agreement, which includes warranty disclaimers, liability limitations, and use limitations.

2. SaaS Services and Support
2.1 Service Provision:

Subject to this Agreement, Bahia will use commercially reasonable efforts to provide Customer access to the Services. During the registration process, Customer must create an administrative username and password. Bahia reserves the right to refuse registration or cancel accounts deemed inappropriate.

2.2 Support:

Bahia will provide reasonable technical support in accordance with its then-current support policies.

3. Restrictions and Responsibilities
3.1 Prohibited Actions:

Customer agrees not to:

  • Reverse engineer, decompile, or disassemble the Services.

  • Modify, translate, or create derivative works based on the Services.

  • Use the Services for timesharing, service bureau purposes, or for the benefit of any third party.

  • Remove any proprietary notices or labels.

3.2 Compliance with Laws:

Customer agrees to use the Services in compliance with applicable laws and regulations. Bahia reserves the right to monitor usage and prohibit activity that violates this Agreement.

3.3 Security Responsibilities:

Customer is responsible for obtaining and maintaining any necessary equipment to connect to and use the Services, as well as maintaining the security of accounts, passwords, and files.

4. Confidentiality and Proprietary Rights
4.1 Proprietary Information:

Each party acknowledges that confidential business, technical, or financial information may be disclosed ("Proprietary Information").

  • Proprietary Information of Bahia includes non-public details about the Services.

  • Proprietary Information of Customer includes non-public data shared for service provisioning.

4.2 Data Ownership:

  • Customer retains all rights to their data.

  • Bahia owns all rights, title, and interest in the Services, including improvements and enhancements.

  • Bahia may collect and analyze anonymized data for service improvements.

5. Fees and Payment
5.1 Fees:

Customer shall pay fees as specified in the applicable order form. If usage exceeds agreed limits, additional charges will apply.

5.2 Invoicing and Payment:

Invoices are due within thirty (30) days of issuance. Late payments incur a 1.5% monthly interest charge or the maximum allowable by law. Non-payment may result in suspension or termination of Services.

5.3 Taxes:

Customer is responsible for all applicable taxes, except for Bahia’s income tax obligations.

6. Term and Termination
6.1 Term:

The Agreement remains in effect for the Initial Service Term specified in the order form and automatically renews unless terminated with at least thirty (30) days' notice.

6.2 Termination for Cause:

Either party may terminate the Agreement upon thirty (30) days' written notice if the other party materially breaches its terms.

6.3 Effect of Termination:

Upon termination, Customer will pay outstanding fees, and Bahia will allow retrieval of Customer Data for a period of thirty (30) days before deletion.

7. Warranty Disclaimer

Bahia will use reasonable efforts to maintain the Services but does not warrant uninterrupted, error-free operation. The Services are provided "as is" without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by law, Bahia and its affiliates will not be liable for indirect, incidental, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages. Bahia's liability under this Agreement shall not exceed the fees paid by Customer in the twelve (12) months preceding the claim.

9. Miscellaneous

  • This Agreement is governed by the laws of Ontario, Canada.

  • Customer may not assign this Agreement without prior written consent.

  • If any provision is found unenforceable, the remainder of the Agreement remains in full force.

  • No agency, partnership, or joint venture is created by this Agreement.

For inquiries, contact us at privacy@bahia.ai.