BearPoint AI — Terms of Service

Effective Date: July 10, 2025
Last Updated: July 10, 2025

1. Introduction & Acceptance

These Terms of Service ("Terms") form a legally binding contract between BearPoint AI, LLC ("BearPoint AI," "we," "us," or "our") and each person or entity ("you" or "Customer") that accesses bearpointai.com or any BearPoint AI application, dashboard, API, agent, plugin, or related service (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

2. Description of the Services

BearPoint AI provides cloud-hosted artificial-intelligence solutions, including but not limited to:

• workflow automation powered by large language models ("LLMs"),
• agent-based chat or voice assistants,
• data-integration connectors (e.g., n8n, Make.com, Replit Agent), and
• consulting, implementation, and support.

We may modify, suspend, or discontinue any feature at any time with reasonable notice where practicable.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher, to use the Services. We do not target or knowingly collect data from minors.

4. Account Registration & Security

You are responsible for safeguarding login credentials and for all activity under your account. Notify us immediately at support@bearpointai.com of any unauthorized use or security breach.

5. Your Data & License to BearPoint AI

"Customer Data" means any prompts, files, datasets, or other content you upload, transmit, or generate through the Services. Except for the limited license below, you retain all rights to Customer Data.

You grant BearPoint AI a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and transmit Customer Data solely to:

• provide, maintain, and improve the Services,
• comply with law or enforce these Terms, and
• create aggregated, de-identified analytics.

Unless you opt in explicitly, Customer Data is not used to retrain public LLMs; any fine-tuning occurs within isolated project scopes.

6. Fees, Billing & Taxes

Some Services are offered free of charge; others require payment as detailed on the order form or pricing page.

Fees are billed monthly in arrears via credit card; all amounts are due in U.S. dollars.

Late payments may incur 1.5% interest per month (or the maximum allowed by law) plus collection costs.

Fees are exclusive of taxes; you are responsible for all applicable sales, VAT, GST, or similar taxes.

7. Acceptable Use

You may not:

• reverse-engineer, scrape, or decompile the Services;
• use the Services to create or disseminate illegal, harmful, or discriminatory content;
• infringe any third-party intellectual-property or privacy rights;
• attempt to bypass rate limits or security;
• violate export-control or sanctions laws.

8. AI/ML Disclaimer

Outputs are probabilistic and may be inaccurate. The Services (including any generated text, code, or recommendations) are for informational purposes only. You must independently verify the accuracy, completeness, and legal compliance of any output before relying on it.

9. Intellectual Property & Feedback

BearPoint AI and its licensors retain all rights in the Services, including software, models, and documentation. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use that feedback without restriction.

10. Confidentiality

Each party agrees to protect the other's non-public information using reasonable care and not to disclose it except as permitted in these Terms.

11. Termination

By you: You may stop using the Services at any time.

By us: We may suspend or terminate your access for material breach, with 10 days' notice (or immediately for egregious violations).

Upon termination, we will make Customer Data available for export for 30 days, after which it may be deleted. Sections 5, 8, 9, 11-15 survive termination.

12. Warranties & Disclaimers

The Services are provided "AS IS" without warranties of any kind. To the fullest extent permitted by law, we disclaim all implied warranties (merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment). We do not warrant uninterrupted or error-free operation.

13. Limitation of Liability

To the maximum extent allowed by law:

• neither party will be liable for indirect, incidental, special, consequential, or punitive damages, and
• each party's aggregate liability under these Terms will not exceed the greater of $500 or the amount you paid to BearPoint AI in the 12 months preceding the claim.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Alabama, excluding conflict-of-laws rules.

Binding Arbitration & Class-Action Waiver: Any dispute arising out of or relating to these Terms or the Services will be resolved by confidential, individual arbitration under the AAA Commercial Arbitration Rules in Mobile County, Alabama. You waive any right to participate in class actions. Nothing prevents either party from seeking injunctive relief in court for IP or security misuse.

15. Modifications to Terms

We may revise these Terms by posting an updated version and notifying you 30 days before changes take effect. Continued use after the effective date constitutes acceptance.

16. Contact

BearPoint AI, LLC
Attn: Legal Department
50 W Sunset Dr. Atmore, AL 36502, USA
support@bearpointai.com