1. Acceptance of these Terms
These Terms of Use (the “Terms”) govern your access to and use of the website located at bay.io, including its subdomains (other than the Platform, as defined below), blog, demo request forms, chat and any content, materials and features made available through it (together, the “Website”). The Website is operated by Bay AI Inc. and Bay Security Ltd. (together with their affiliates, “Bay”, “we”, “our” or “us”).
By accessing or using the Website, you agree to these Terms and acknowledge our Privacy Policy available at bay.io/privacy (the “Privacy Policy”) and our Cookies Notice available at bay.io/cookies (the “Cookies Notice”). If you do not agree to these Terms, please do not use the Website.
If you use the Website on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf, and “you” refers to you and that organization.
2. Relationship to Our Platform Terms
These Terms apply only to the Website. Access to and use of the Bay platform, including at platform.bay.io, and any related subscription services (the “Platform”) are governed by the Bay SaaS Terms of Service available at www.bay.io/terms, or by any separate written agreement between your organization and Bay (the “Platform Terms”), together with any applicable Data Processing Agreement. In the event of a conflict between these Terms and the Platform Terms with respect to the Platform, the Platform Terms prevail.
Booking a demo, requesting information or otherwise interacting with us through the Website does not create any obligation on Bay to provide the Platform or any other service, unless and until a written order or agreement is entered into.
3. Eligibility
The Website is intended for business use by individuals who are at least eighteen (18) years old. Consistent with the Privacy Policy, we do not offer our products or services to children, and if you are under the age of 18 you should not use the Website or provide us with any information without the involvement of a parent or guardian.
4. Privacy
We process personal information that you submit through the Website (for example, your full name, work email address, company name and job title when you request a demo or contact us) and information automatically collected through cookies and similar technologies, in accordance with the Privacy Policy and the Cookies Notice. Please read the Privacy Policy carefully, as it explains, among other things, the purposes for which we use your personal information, how we share it within the Bay group and with service providers, international transfers of personal information, and the rights available to you.
You may opt out of marketing communications at any time as described in the Privacy Policy, including by using the unsubscribe link in our emails or by contacting privacy@bay.io.
If you provide us with personal information about another person (for example, a colleague), you confirm that you are entitled to do so and that such person has been informed of the Privacy Policy.
5. Permitted Use
Subject to your compliance with these Terms, Bay grants you a limited, personal, non-exclusive, non-transferable, revocable right to access and view the Website for the purpose of learning about Bay and its products and services, evaluating a potential business relationship with Bay, and communicating with Bay.
You may not, and may not permit any third party to: (a) copy, modify, distribute, sell, lease or create derivative works of the Website or its content, except as expressly permitted by these Terms; (b) use any robot, spider, scraper or other automated means to access, collect or index the Website or its content, including for the purpose of training, developing or improving any artificial intelligence or machine learning model; (c) decompile, reverse engineer or otherwise attempt to discover the source code of the Website; (d) probe, scan or test the vulnerability of the Website or any related system or network, or breach or circumvent any security or authentication measures, without our prior written consent; (e) interfere with or disrupt the operation of the Website, including by transmitting malware or imposing an unreasonable load on our infrastructure; (f) submit false, misleading or impersonating information, including when requesting a demo; (g) use the Website to send spam or unsolicited communications; (h) use the Website or its content to develop or benchmark a competing product or service; or (i) use the Website in violation of any applicable law, including data protection, export control and sanctions laws.
If you believe you have identified a security vulnerability in the Website, please report it to security@bay.io and do not exploit or disclose it.
6. Intellectual Property
The Website and all of its content, including text, graphics, logos, images, videos, software, the “Bay” name and marks, and the look and feel of the Website, are owned by or licensed to Bay and are protected by intellectual property laws. Except for the limited right expressly granted in these Terms, no rights are granted to you, whether by implication, estoppel or otherwise, and all rights are reserved by Bay.
You may not use any Bay trademark, logo or trade name without our prior written consent. Third-party names, trademarks and logos appearing on the Website (including in customer quotes or references) belong to their respective owners, and their appearance does not imply any endorsement except as expressly stated.
7. Your Submissions and Feedback
You are responsible for any information or content you submit through the Website, including through forms, chat or email (“Submissions”). You must not submit confidential information of third parties, or any sensitive personal information, through the Website. Except for personal information, which is handled in accordance with the Privacy Policy, Submissions are not treated as confidential unless otherwise agreed in writing.
If you provide us with comments, ideas or suggestions about the Website or our products or services (“Feedback”), we may use that Feedback for any purpose without restriction or compensation to you.
8. Website Content; Statistics and Third-Party Information
The content on the Website, including product descriptions, blog posts, performance indicators, statistics, customer outcomes and industry research, is provided for general information purposes only. Such content may describe results achieved in specific deployments or may be based on third-party sources, does not constitute a guarantee of any particular result, and does not form part of any contractual commitment, which will be set out only in the Platform Terms or an applicable order. Nothing on the Website constitutes legal, security, compliance or other professional advice.
9. Third-Party Services and Links
The Website may contain links to, or enable you to interact with, third-party websites, applications, products or services (including scheduling, chat and social media tools) that are not owned or controlled by us (“Third-Party Services”). Your use of Third-Party Services is subject to their own terms and privacy policies. We are not responsible for the content, privacy practices or availability of Third-Party Services, and the inclusion of a link does not imply endorsement.
10. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. BAY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BAY OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law, or any of your statutory rights that cannot be waived by contract.
12. Indemnification
You will defend, indemnify and hold harmless Bay and its affiliates from and against any third-party claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your Submissions, or your misuse of the Website.
13. Suspension and Termination
We may modify, suspend or discontinue the Website, or any part of it, at any time, and may restrict or terminate your access to the Website if we reasonably believe that you have breached these Terms or that your use poses a risk to Bay, the Website or others. Sections 6 through 15 survive any termination of your access.
14. Changes to these Terms
We may update these Terms from time to time by posting the updated version on the Website and updating the “Last Updated” date. Updates take effect when posted, unless otherwise stated, and do not apply retroactively to disputes that arose before the update. Your continued use of the Website after an update constitutes acceptance of the updated Terms.
15. Governing Law and Jurisdiction
If you are located in the United States, these Terms are entered into with Bay AI Inc. and are governed by the laws of the State of Delaware, and the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Website. If you are located anywhere else, these Terms are entered into with Bay Security Ltd. and are governed by the laws of the State of Israel, and the competent courts of Tel Aviv-Jaffa, Israel have exclusive jurisdiction. In each case, conflict of laws principles do not apply, and Bay may seek injunctive relief in any court of competent jurisdiction.
Nothing in this Section deprives you of the protection of any mandatory provision of the law of your country of residence that cannot be excluded by agreement.
16. General
These Terms, together with the Privacy Policy and the Cookies Notice, constitute the entire agreement between you and Bay regarding the Website. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure or delay by Bay in exercising any right is a waiver of that right. You may not assign these Terms without our prior written consent; Bay may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets. These Terms are written in English, and any translation is provided for convenience only.
17. Contact Us
For questions about these Terms, please contact us at legal@bay.io. For privacy matters, please contact privacy@bay.io.