Terms of Service

By creating an account, clicking “I agree,” or using the Service, you accept these Terms. If you’re accepting on behalf of a company, you represent that you have authority to bind that company, and “you” refers to that company.

If you don’t agree to these Terms, don’t use the Service. We may update these Terms from time to time as described in General terms below.

Bubagent lets Customers create AI-powered chat agents, train them on their own content, and embed them on their own websites to interact with Customer’s website visitors (“End Visitors”). The Service relies on third-party AI model providers (currently Anthropic and OpenAI) to generate responses — see our Privacy Policy for how data flows to them.

We may add, change, or remove features at any time. We’ll try to give reasonable notice before removing a feature you’re actively relying on, but the Service is provided on an evolving basis and isn’t a fixed specification.

• You must provide accurate registration information and keep it up to date.
• You’re responsible for all activity under your account and for keeping your credentials confidential.
• You must be legally able to form a binding contract — the Service is not directed at, and may not be used by, anyone under 16.
• Team members you invite act on your Customer account’s behalf; you’re responsible for their use of the Service.
• Notify us promptly at legal@bubagent.com of any unauthorized use of your account.

You agree not to use the Service to:

• Violate any law, or the rights of any third party (including privacy, IP, or publicity rights);
• Train, configure, or prompt an agent to impersonate a real person, or to misrepresent that End Visitors are speaking with a human when they are not (see AI-generated output);
• Upload or generate content that is unlawful, fraudulent, defamatory, obscene, or that infringes anyone’s intellectual property;
• Collect End Visitor personal data through lead capture or file uploads without a lawful basis and your own adequate End Visitor–facing privacy disclosure;
• Attempt to reverse-engineer, scrape, or probe the Service beyond normal use, circumvent rate limits or plan quotas, or interfere with the Service’s operation or other customers’ use of it;
• Resell or white-label the Service itself as your own SaaS product without our prior written consent (embedding an agent on your own client’s website as part of a service you deliver to that client is fine);
• Use the Service to build a directly competing product, or to send spam, malware, or phishing content.

We may suspend or terminate accounts that violate this section, with or without notice depending on severity, as described in Termination.

“Customer Content” means the knowledge-base material, branding, configuration, and any other content you upload or input to train or customize your agents. You retain all ownership of Customer Content. You grant us a worldwide, non-exclusive license to host, copy, process, and transmit Customer Content solely to operate, maintain, and improve the Service for you — including sending relevant portions to our AI model sub-processors to generate agent responses.

You’re responsible for having the rights to any Customer Content you provide, and for your own compliance obligations toward your End Visitors (for example, your own site’s privacy policy and cookie disclosures covering the embedded widget).

“End Visitor Content” means messages, files, and any lead-capture information (name, email) that your End Visitors submit through your embedded agent. As between you and us, End Visitor Content is also Customer Content for purposes of this license, and you are responsible for ensuring you have a lawful basis to collect and process it — we process it as your service provider/processor under the terms of our Privacy Policy and, where applicable, our Data Processing Agreement.

Agent replies are generated by large language models and may be incomplete, outdated, or simply wrong — the Service does not guarantee the accuracy, completeness, or reliability of any AI-generated output. You’re responsible for reviewing how your agent is configured and behaving, and for not relying on its output for decisions (medical, legal, financial, or safety-critical) where an error could cause harm.

Every agent the Service renders discloses, in its chat header, that End Visitors are interacting with an AI system rather than a human. You may not configure an agent, system prompt, or human-handoff setting in a way designed to defeat or obscure that disclosure, or to otherwise represent the agent as a human to End Visitors. This reflects transparency obligations under laws including Article 50 of the EU AI Act and California’s Bolstering Online Transparency Act (SB 1001), which may also apply to you directly as the deployer of the agent on your own site.

You are solely responsible for ensuring your own use of agent output complies with law and any representations you make to your End Visitors or customers.

• Paid plans are billed in advance on a recurring (monthly or annual) basis through our payment processor, Stripe, and auto-renew until cancelled.
• Free trials convert to a paid plan at the end of the trial period unless you cancel first; we’ll email you before that happens.
• Fees are non-refundable except where required by law or stated otherwise at the time of purchase.
• You can cancel anytime from your dashboard; cancellation takes effect at the end of the current billing period.
• We may change pricing on renewal with reasonable advance notice; continued use after a price change takes effect constitutes acceptance.
• Usage beyond your plan’s included limits (messages, storage, seats) may be restricted or billed as an overage, as disclosed on our pricing page.

We own the Service itself — its software, design, branding, mascot artwork, and documentation — aside from Customer Content. We grant you a limited, non-exclusive, non-transferable license to use the Service per these Terms. Nothing here transfers ownership of our IP to you, and nothing transfers ownership of Customer Content to us beyond the license in Your content & data.

We respect intellectual property rights and respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) and equivalent laws elsewhere. Because Customers control what their own agents are trained on and how they’re embedded, most content flowing through the Service is supplied by Customers, not us — but if you believe material accessible through the Service infringes your copyright, send a written notice to our designated agent that includes:

• A physical or electronic signature of the copyright owner or someone authorized to act for them;
• Identification of the copyrighted work claimed to be infringed;
• Identification of the material you claim is infringing, and information reasonably sufficient to locate it;
• Your contact information (address, phone number, email);
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner’s behalf.

Designated DMCA agent: DMCA Agent, reachable at dmca@bubagent.com. We’ll remove or disable access to material that is the subject of a valid notice, and notify the party that posted it. A party who believes their content was removed in error may submit a counter-notice with equivalent information, after which we may restore the content unless the original complainant files a court action.

We will terminate, in appropriate circumstances, the accounts of Customers who are repeat infringers.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms (including Acceptable use), fail to pay fees due, or if required by law; where the breach is not urgent or security-related, we’ll give you a reasonable opportunity to cure it first.

On termination, your right to use the Service ends immediately. We may delete Customer Content after a reasonable grace period following termination, except where we’re required to retain it longer by law.

The following limitations apply to the maximum extent permitted by law, and do not limit liability that cannot be limited under applicable law (for example, liability for gross negligence, willful misconduct, or death/personal injury in some jurisdictions).

THE SERVICE AND ANY AI-GENERATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES, ARISING FROM THESE TERMS OR THE SERVICE. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

You will defend, indemnify, and hold us harmless from any third-party claim, loss, or expense (including reasonable legal fees) arising from: (a) your Customer Content or End Visitor Content; (b) your use of the Service in violation of these Terms or applicable law; or (c) your own representations to End Visitors or customers.

We will defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s U.S. intellectual property rights, excluding claims arising from Customer Content, your misuse of the Service, or your combination of the Service with products not provided by us.

Governing law. These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict-of-laws rules, except where mandatory local consumer-protection law requires otherwise (see below).

Binding arbitration & class-action waiver. Except for small-claims-court-eligible disputes or claims for injunctive relief to protect IP or confidential information, you and we agree to resolve any dispute arising from these Terms or the Service through binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court. There is no right or authority for any dispute to be brought as a class, consolidated, or representative action. You may opt out of this arbitration agreement by emailing legal@bubagent.com within 30 days of first accepting these Terms, stating your intent to opt out.

EU/UK/Australian consumers.If you’re acting as a consumer (rather than a business) located in the EU, UK, or Australia, the arbitration and class-action-waiver provisions above do not limit any mandatory statutory right you have to bring a claim before your local courts or consumer authority, and nothing in these Terms restricts rights that applicable consumer-protection law does not allow to be waived.

• Changes. We may update these Terms; material changes will be notified by email or in-product notice at least 14 days before taking effect. Continued use after that constitutes acceptance.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is found unenforceable, the rest of these Terms remain in effect.
• Entire agreement. These Terms, our Privacy Policy, and any order form or DPA you’ve signed with us make up the entire agreement between us on this subject.
• No waiver. Failure to enforce a provision isn’t a waiver of our right to do so later.

Questions about these Terms? Email us at legal@bubagent.com.