The agreement between you and us. Plain-language headers, lawyer-language body. Read the parts that matter — billing, AI disclaimers, liability — and email us if anything is unclear.
These Terms of Service ("Terms") govern your access to and use of the BABAV.CO platform, including the website, web application, APIs, and any related services (collectively, the "Service") provided by BABAV.CO, a Delaware corporation ("BABAV," "we," "us," or "our").
By creating an account, accessing the Service, or clicking any "I agree" button presented to you, you agree to be bound by these Terms. If you're accepting on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
If you do not agree to these Terms, do not use the Service.
BABAV provides an AI-driven customer relationship management and marketing automation platform that integrates with third-party social media and email channels including Threads, Instagram, Facebook, WhatsApp, YouTube, and Gmail. The Service includes features such as automated direct-message and comment replies, AI-generated content, cold email outreach, lead scoring, video generation, and a customer relationship management interface.
The Service uses third-party AI models including Google Vertex AI (Gemini 2.5 Flash for text and VEO 3.1 for video) to power its automated features.
We may add, modify, or remove features at our discretion. Material removals to paid plans will be communicated with at least 30 days' notice.
To use most features of the Service, you must create an account. You agree to:
You must be at least 16 years old to create an account. The Service is intended for business use; personal-use accounts are permitted but unsupported.
BABAV charges a monthly retainer (the subscription fee for your selected plan) plus a per-action credit fee. The retainer grants access to the Service and a baseline allowance of credits. Additional credits can be purchased or are deducted from a top-up balance.
Credits are consumed when BABAV successfully completes an automated action on your behalf — for example, sending a DM, posting content, generating a video, or sending a cold email. Different actions consume different credit amounts as published on our pricing page, which is incorporated by reference into these Terms.
Subscription fees are billed monthly or annually in advance, depending on the plan you select. Credit top-ups are billed at the time of purchase. All fees are in US Dollars unless otherwise stated. You authorize us to charge your payment method on file.
Failed payments will pause your account after a 7-day grace period. Recurring failed payments may result in account termination.
Subscription fees are non-refundable except where required by law. Unused credits are non-refundable but do not expire as long as your account is active. If you cancel, unused credits remain available for use during your remaining paid period.
Fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, except those based on our net income.
You agree not to use the Service to:
We may suspend or terminate accounts that violate these rules, with or without notice depending on severity.
BABAV connects to third-party platforms (Meta's Threads, Instagram, Facebook, WhatsApp; Google's YouTube and Gmail) via their official APIs. Your use of those platforms through BABAV is also subject to those platforms' terms of service.
We do not control these platforms. They may:
BABAV is not liable for any consequences of platform changes, including service interruptions, lost reach, or account actions taken by the platforms against you.
The Service, including all software, designs, text, graphics, and trademarks, is owned by BABAV or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. Nothing else is transferred.
You retain all rights to the content you upload to or generate through BABAV — your brand assets, knowledge-base entries, customer messages, AI-generated outputs (subject to the AI provider's terms for those outputs). You grant us a limited license to host, process, transmit, and display that content solely to operate the Service for you.
Content generated by AI models within BABAV (text replies, video, cold emails) is yours to use, subject to the underlying AI provider's terms (Google Vertex AI). You are responsible for reviewing and approving AI-generated content before publication where required by law or platform policy.
If you give us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.
"Confidential Information" means non-public information disclosed by either party that is marked as confidential or reasonably should be understood as confidential. Each party agrees to:
These obligations don't apply to information that becomes public through no fault of the receiving party, was already known, or is independently developed without reference to Confidential Information.
The Service uses generative AI to produce text, video, and other content. You acknowledge and agree that:
AI providers (currently Google Vertex AI) may change model behavior, deprecate models, or modify their terms. We will make reasonable efforts to maintain feature parity but cannot guarantee output consistency over time.
These Terms remain in effect while you have an active account.
Cancellation by you: You may cancel at any time through your account settings or by emailing support. Cancellation takes effect at the end of your current billing period. You retain access until then.
Termination by us: We may suspend or terminate your account immediately, with or without notice, if you breach these Terms, if your account presents a security risk, or if required by law. We may terminate without cause with 30 days' notice and a pro-rata refund of prepaid fees.
Effect of termination: Upon termination, your access to the Service ends. You can export your data for 30 days after termination, after which it may be deleted. Sections that by their nature should survive (IP, confidentiality, liability, indemnification) survive termination.
The Service is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, BABAV disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that:
Some jurisdictions don't allow disclaimer of implied warranties, so portions of this section may not apply to you.
To the maximum extent permitted by law, in no event shall BABAV, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Service.
In any event, BABAV's total cumulative liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) one hundred US Dollars ($100) or (b) the amount you paid BABAV in the twelve months preceding the event giving rise to the claim.
These limitations apply whether the claim is based on warranty, contract, tort, or any other legal theory, even if BABAV has been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless BABAV, its affiliates, and their respective officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
We may, at our option, assume control of any matter for which you are required to indemnify us. You will cooperate with our defense at your expense.
We may modify these Terms from time to time. Material changes will be communicated by email to account owners at least 30 days before they take effect. Non-material changes (clarifications, typo fixes) may be made without notice but will be reflected in the "Last updated" date at the top.
If you don't agree to modifications, you must stop using the Service before they take effect. Your continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.
Any dispute arising out of these Terms or the Service shall be resolved in the state or federal courts located in Delaware. Both parties consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum.
Arbitration: For claims under USD $10,000, either party may elect binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Delaware. The arbitrator's award may be entered in any court of competent jurisdiction.
Class-action waiver: You and BABAV agree to bring claims only in individual capacity, not as a class action or representative proceeding.
Entire agreement. These Terms, together with our Privacy Policy and any plan-specific agreements, constitute the entire agreement between you and BABAV regarding the Service.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor in a merger or acquisition.
Force majeure. Neither party is liable for delays or failures due to causes beyond reasonable control — natural disasters, war, terrorism, riots, pandemics, internet or telecommunications failures, third-party API outages, and similar events.
Notices. We may send notices to the email address on your account. You should send formal notices to support@babav.co.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and BABAV.
For questions about these Terms, email support@babav.co. For general support, use support@babav.co. For privacy questions, see our Privacy Policy.