Terms of Service

1. Introduction and Agreement

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User" or "you") and Billy AI regarding your access to and use of the Billy AI Chat mobile application, website, and related services (collectively, the "Services").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree, you must immediately cease use of the Services.

2. Services & Third-Party Infrastructure

Billy AI Chat serves as an interface for advanced artificial intelligence models. You acknowledge and agree that:

• Sub-processors: To provide the Services, we transmit your Inputs (text, audio, images) to third-party providers including, but not limited to, Google LLC (Gemini AI, Speech Services), Nebius (Hosted AI Models), Supabase Inc. (Backend/Database), and Apple Inc. (On-device Speech Recognition).
• Model Volatility: We do not guarantee the continued availability of any specific AI model, personality, or capability. We reserve the right to modify, replace, downgrade, or remove underlying AI models at any time without notice.
• Service Reliability: The Services rely on third-party uptime. We are not liable for outages, latency, or errors caused by these providers.

3. Eligibility & Voice Consent

• Age Requirement: You must be at least 18 years old to use the Services.
• Voice Consent: By using the voice input features, you explicitly consent to the recording, transmission, and processing of your voice data by us and our speech-to-text providers to generate transcripts.
• Export Control: You represent that you are not located in a country subject to a U.S. Government embargo or listed on any U.S. Government list of prohibited or restricted parties.

4. Virtual Wallet & Service Credits

The Services may include a "Wallet" feature with "Service Credits" (e.g., for generating images).

• Virtual Items: Service Credits are limited, non-transferable, revocable virtual items. They have no real-world monetary value, are not a bank account balance, and cannot be exchanged for cash or transferred to other users.
• Expiration:
• Promotional Credits: We reserve the right to expire free or promotional credits at any time.
• Purchased Credits: May be forfeited if your account is terminated for violating these Terms.
• No Refunds: All purchases of Service Credits are final and non-refundable.

5. User Content & Prompt Liability

• Ownership: You retain ownership of your Inputs. Subject to your compliance with these Terms, we assign to you all rights in the Outputs generated.
• Prompt Liability: You are solely responsible for the content and legality of your Inputs (Prompts). You represent and warrant that your Prompts do not induce the AI to generate infringing, illegal, defamatory, or harmful content.
• License to Us: You grant us a worldwide, royalty-free license to host, copy, and process your Inputs solely to provide the Services, maintain safety filters, and debug technical issues.
• Feedback: If you provide ideas or suggestions to us, we may use them without restriction or compensation to you.

6. Community Guidelines (Zero Tolerance)

We maintain a Zero Tolerance policy for objectionable content. To ensure a safe community, you agree not to:

1. Generate Abuse: Create content that is defamatory, sexually explicit, pornographic, hateful, violent, or promotes illegal acts.
2. Jailbreak: Attempt to bypass safety filters or "jailbreak" the AI.
3. Benchmark: Use the Services to train other AI models or benchmark performance against competitors.
4. Scrape: Use automated scripts or bots to access the Services.

Enforcement: We provide in-app mechanisms to report offensive content. We reserve the right to remove objectionable content and permanently ban any user found violating these guidelines immediately, without refund.

7. Subscriptions & Billing

• Reseller Model: You are purchasing subscriptions and credits from the App Distributor (Apple App Store or Google Play Store), not directly from Billy AI.
• Refunds: Billy AI does not have the technical ability to issue refunds. All refund requests must be directed to the Apple App Store or Google Play Store and are subject to their respective policies.
• Fair Usage Policy (FUP): "Unlimited" plans are subject to reasonable use limits. We reserve the right to throttle or suspend accounts that exhibit excessive, automated, or abnormal usage patterns that degrade service quality for others.

8. Disclaimers (AI & Risk)

• Hallucinations: AI Outputs may be factually incorrect. Do not rely on the App for professional advice (medical, legal, financial).
• Not for Emergencies: The Services are automated and cannot contact emergency services (e.g., 911).
• "As Is": THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9. Indemnification

You agree to indemnify, defend, and hold harmless Billy AI, its officers, directors, and partners from any claims, liabilities, damages, and expenses (including legal fees) arising from: (a) Your use of the Services; (b) Your violation of these Terms; (c) Your violation of any third-party right (including copyright or privacy); (d) Any claim that your User Content caused damage to a third party.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. Cap on Damages: Our total liability to you for any claim shall not exceed the greater of $100 USD or the amount you paid us in the six (6) months preceding the claim.
2. No Indirect Damages: We are not liable for lost profits, data loss, emotional distress, or punitive damages.
3. Force Majeure: We are not liable for failure to perform due to causes beyond our control (e.g., internet outages, war, strikes, third-party API failures).

11. Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
• Mandatory Arbitration: Any dispute shall be resolved by binding arbitration in Delaware. You waive the right to a trial by jury.
• Class Action Waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST BILLY AI.
• Time Bar: Any claim arising out of the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

12. Termination & Severability

• Termination: We may suspend or terminate your access at any time, for any reason, without notice or liability.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary, and the remaining Terms will remain in full force.

13. Contact Information

If you have questions about these Terms, please contact us via the dedicated support email listed in the application settings.