Terms of Service

The short version

By using Bivy, you agree to these terms. The most important things: you must be 18 or older, you can't use Bivy for illegal stuff, paid plans renew automatically until you cancel, refunds are available within 7 days if you've barely used the service, and Bivy is provided as-is without guarantees. The full details are below.

1. Your agreement with Bivy

These Terms of Service (the “Terms”) are a legal agreement between you and Bivy AI LLC, a Delaware limited liability company (“Bivy,” “we,” “us,” or “our”), governing your use of the Bivy website at trybivy.ai and any services we provide (the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, don't use the Service.

Bivy AI LLC
c/o Northwest Registered Agent Service, Inc.
8 The Green, Suite B
Dover, DE 19901

2. Your account

You must be 18 or older. You're responsible for keeping your account secure and for everything that happens under it.

• Age: you must be at least 18 years old to use Bivy. The Service is not intended for anyone under 18.
• Accurate information: you agree to provide accurate, current information when you sign up and to keep it updated.
• Security: you're responsible for keeping your login credentials safe and for all activity that occurs under your account. Tell us right away at support@trybivy.ai if you suspect unauthorized access.
• One person per account: accounts are for individual use unless you're on a plan that explicitly allows team use. Don't share your account credentials.

3. Using the service

Bivy gives you access to AI tools through one subscription. Use it the way you'd expect a normal person to.

Bivy provides access to artificial intelligence services that help you generate text, images, files, and other outputs in response to prompts you submit. The Service uses third-party AI providers under the hood; the specific providers and how prompts are matched to them may change as we improve the Service.

You're free to use the Service for personal or business purposes within the limits of your subscription tier. We may impose reasonable usage limits, rate limits, or technical safeguards to protect the Service and other users.

4. Your content

You own what you submit. You give us the permissions we need to deliver the Service and improve it.

You own your content. Anything you submit to Bivy, prompts, files, conversations, feedback, remains yours. We don't claim ownership of it.

The license you grant us. So that we can actually deliver the Service to you, you grant Bivy a worldwide, royalty-free, non-exclusive license to host, store, transmit, process, display, and otherwise use your content as needed to operate the Service. This includes sending your prompts to AI providers in order to generate responses.

Aggregated and anonymized data. We may use aggregated, anonymized information about how the Service is used to improve it. This is not the same as training AI models on your content. See our Privacy Policy for the details and your opt-out rights.

Your responsibility. You're responsible for everything you submit. Don't submit content you don't have the rights to, or content that breaks any law.

5. AI-generated output

You can use what Bivy generates, but AI output isn't guaranteed to be accurate, original, or fit for any specific purpose. Use your judgment, especially for anything important.

You can use the output. Subject to these Terms, you may use the text, images, files, and other content Bivy generates for you (“Output”) for personal or commercial purposes.

No guarantees about Output. AI-generated content can be wrong, biased, infringing, or otherwise problematic. We make no guarantees that:

• Output is accurate, complete, or true.
• Output is original or doesn't infringe third-party rights.
• The same or similar Output won't be generated for other users.

You're responsible for what you do with Output. Review it. Verify facts. Check for problems before publishing or relying on it. We are not liable for consequences from your use of AI-generated Output.

High-risk uses. Bivy supports questions in legal, medical, financial, and other specialized domains. AI tools, including Bivy, can be a useful starting point in those areas, but they should support human judgment rather than replace it. Don't use Bivy as the sole basis for decisions that could meaningfully affect health, safety, finances, employment, legal status, or rights. For high-stakes decisions in those domains, consult a qualified professional in addition to whatever Bivy tells you.

6. What you can't do

Don't use Bivy to break the law, hurt people, abuse the service, or pretend to be someone else. The next subsections break this down by what we automatically block, what's contractually prohibited, and operational rules about how you can use the Service.

6.1 Strictly prohibited content

The following is strictly prohibited and is automatically blocked when our content moderation system detects it. You agree not to submit prompts (or upload files) intended to generate:

• Sexual content involving anyone under 18, or content that exploits or harms children in any way (CSAM).
• Detailed instructions for creating weapons capable of mass harm, including chemical, biological, radiological, nuclear, or explosive devices.
• Detailed instructions or planning support for terrorist activity, mass violence, or attacks on critical infrastructure.
• Direct threats of violence against specific individuals or groups.
• Content inciting violence against people based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.
• Detailed instructions for synthesizing illegal drugs.
• Explicit sexual content.
• Gratuitously graphic violence or gore.

Submitting prompts intended to generate this content may result in immediate account suspension or termination, even if the moderation system fails to catch a particular attempt.

6.2 Prohibited content (manual enforcement)

The following is prohibited under these Terms but isn't always caught automatically by our content moderation. We enforce these rules manually when we become aware of violations, including through user reports. You agree not to use Bivy to:

• Generate malware, computer viruses, ransomware, exploit code, phishing emails, credential-stealing scripts, or other content designed to harm computer systems or steal credentials.
• Impersonate any specific real person in a way intended to deceive, including generating statements, communications, or content falsely attributed to that person. (Generating content in the general style of a public figure for clearly transformative or parody purposes is not what this rule is about. Producing content meant to be read as if that person actually said or did it is.)
• Generate defamatory content about a specific real person or organization.
• Generate content that infringes anyone's copyright, trademark, privacy, publicity, or other rights.
• Generate content intended to harass, threaten, or stalk a specific person.
• Submit content (prompts, files) that you don't have the rights to use.

Violations of this section may result in suspension or termination of your account.

6.3 Prohibited uses of the Service

Even when the content itself is fine, you agree not to use the Service in any of the following ways:

• Bypass usage limits, rate limits, payment systems, or technical safeguards, including by creating multiple accounts to evade restrictions.
• Reverse engineer, scrape, or extract Bivy's prompts, model selection logic, system configuration, or other proprietary system data.
• Use Bivy or its Output to train, develop, fine-tune, evaluate, or improve any artificial intelligence model, machine learning system, or competing AI service.
• Systematically extract Bivy's Output for the purpose of building a dataset to train any model. (Normal personal or business use that happens to involve generating a lot of content is fine. Using Bivy as an automated training-data factory is not.)
• Resell, sublicense, or commercially redistribute access to the Service without our written permission.
• Interfere with the Service's operation or with other users' ability to use it, including by sending malicious traffic or attempting to degrade availability.

6.4 Content moderation

To enforce the rules in 6.1 and 6.2, Bivy uses automated content moderation systems on every prompt and uploaded file. These systems are imperfect. They sometimes block legitimate content (a false positive) and they sometimes miss prohibited content (a false negative). The rules in this Section 6 apply regardless of whether the moderation system catches a violation in real time.

If you believe your prompt was blocked in error, email support@trybivy.ai and we'll review. If we discover a violation through any means (automated detection, user report, or our own review), we may take action under Section 10 (suspension and termination).

7. Payments and subscriptions

Paid plans are monthly or annual subscriptions that auto-renew. Stripe processes payments. You can cancel at any time.

Subscription terms. Bivy offers paid subscription tiers. Pricing for each tier is shown on our pricing page. By subscribing, you authorize us to charge your payment method:

• The subscription fee for the tier you selected, on the day you subscribe.
• Recurring renewal fees on each billing cycle (monthly or annual, depending on your plan), at the then-current price.
• Any usage-based charges (such as overage charges) you authorize.
• Applicable taxes.

Auto-renewal. Subscriptions automatically renew at the end of each billing period until you cancel. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.

Price changes. We may change subscription prices. We'll give you at least 30 days' notice before a price change takes effect on your renewal. If you don't want to pay the new price, you can cancel before it takes effect.

Payment processing. All payments are processed by Stripe. By subscribing, you also agree to Stripe's terms. We don't store your full card details. Stripe does.

Failed payments. If a payment fails, we may retry it, suspend access to paid features, or downgrade your account until payment is resolved.

8. Refund policy

Refund available within 7 days if you've used less than 20% of your plan's monthly allotment. Overage charges are non-refundable.

Standard refund window. If you're unhappy with a paid subscription, you may request a full refund within 7 days of your initial purchase, provided you have used less than 20% of your plan's monthly usage allotment at the time of the request.

This threshold protects against abuse, for example, signing up, consuming most of a plan's allotment within a couple of days, then requesting a full refund. If you've genuinely tried Bivy and decided it isn't for you, the threshold gives you plenty of room to evaluate before deciding.

How to request a refund. Email support@trybivy.ai within the 7-day window. Include the email address on your account so we can locate it.

Refunds are not available for:

• Subscription periods beyond the first 7 days of your initial purchase.
• Renewal charges. Cancel before your renewal date if you don't want to be charged again.
• Accounts that have used more than 20% of their plan allotment within the refund window.
• Overage charges incurred above your plan's base allotment, even if requested within the 7-day window. By enabling overage billing and incurring overage charges, you authorize and accept those charges as final.
• Accounts terminated for violation of these Terms.

EU and UK consumers. If you are a consumer in the European Union or United Kingdom, you may have a statutory right to withdraw from a digital purchase within 14 days. By beginning to use the Service immediately after subscribing, you expressly consent to the immediate performance of the Service and acknowledge that you lose your right of withdrawal once you start using it. If you have not used the Service at all within the first 14 days, contact us for a full refund regardless of the 7-day window described above.

9. Cancellation

You can cancel anytime. Cancellation stops future renewals.

You can cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You keep access through the end of what you've paid for, then your account moves to the free tier (if available) or loses access to paid features.

You can also delete your account entirely. See our Privacy Policy for what happens to your data when you do.

10. Suspension and termination

We may suspend or close accounts that violate these Terms or that pose a risk to the Service. We'll be reasonable about it.

We may suspend or terminate your account if:

• You violate these Terms or our acceptable use rules in Section 6.
• Your account is associated with fraud, abuse, or chargebacks.
• Your activity poses a security or legal risk to Bivy or other users.
• Required by law or by a valid legal request.
• You stop paying for a paid subscription (in which case access to paid features ends; we generally don't terminate accounts solely for unpaid balances unless they remain unpaid for an extended period).

For serious violations we may terminate without advance notice. For lesser issues we'll typically give you a chance to fix the problem first. If we terminate your account for violating these Terms, you're not entitled to a refund of any prepaid fees.

You may also stop using the Service and close your account at any time.

11. Bivy's intellectual property

Bivy's website, software, branding, and AI selection system belong to us. Don't copy or reverse engineer them.

The Service, including its software, design, branding, logos, written content, AI selection logic, and the “Bivy” name, is owned by Bivy AI LLC and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service while these Terms are in effect. We don't grant you any other rights, expressed or implied.

12. Disclaimers

Bivy is provided as-is. We try to keep it working well, but we don't make legal guarantees about it.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIVY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM ERRORS.
• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
• ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions don't allow the exclusion of certain warranties. To the extent that's the case where you live, the exclusions above may not apply to you.

13. Limitation of liability

If something goes wrong, our liability is capped at what you've paid us in the past 12 months.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIVY AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BIVY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply even if a remedy fails its essential purpose. Some jurisdictions don't allow the limitation or exclusion of liability for certain damages, so the limits above may not fully apply where you live. Nothing in these Terms limits liability for fraud, gross negligence, or anything else that can't be limited under applicable law.

14. Indemnification

If your use of Bivy causes a third-party legal claim against us, you agree to cover the resulting costs.

You agree to indemnify, defend, and hold harmless Bivy AI LLC and its owners, employees, and agents from any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from:

• Your content or your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party right.

We may take over the defense of any claim you'd be required to indemnify us for; if we do, you agree to cooperate reasonably with us.

15. Governing law and disputes

Delaware law applies. Disputes go to courts in Delaware.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.

Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you and Bivy each consent to the personal jurisdiction of those courts. You and Bivy each waive any objection to venue in those courts.

If you are a consumer in the European Union or United Kingdom, this clause does not deprive you of mandatory consumer protections in your country of residence, including any right to bring claims in your local courts under applicable law.

16. Changes to these terms

We may update these Terms. If we make material changes, we'll let you know before they take effect.

We may update these Terms from time to time. The “last updated” date at the top reflects the most recent version. For material changes, anything that meaningfully affects your rights or obligations, we'll notify you by email or through the Service before they take effect, giving you a chance to review and decide whether to keep using Bivy. Your continued use of the Service after a change takes effect means you accept the updated Terms.

17. General terms

• Entire agreement. These Terms, together with our Privacy Policy and any other documents we explicitly incorporate by reference, are the entire agreement between you and Bivy regarding the Service.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. If we don't enforce a right, that doesn't mean we're giving it up.
• Assignment. You can't assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.
• No third-party beneficiaries. These Terms are between you and Bivy. They don't create rights for anyone else.
• Force majeure. Neither party is liable for delays or failures caused by events outside their reasonable control, like natural disasters, war, civil unrest, or major internet infrastructure failures.
• Survival. Sections that by their nature should survive termination, including ownership, disclaimers, limitation of liability, indemnification, and governing law, will survive.

18. Contact

Questions about these Terms? Email support@trybivy.ai or write to:

Bivy AI LLC
c/o Northwest Registered Agent Service, Inc.
8 The Green, Suite B
Dover, DE 19901