Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of Barmuda's conversational survey platform and services ("Service") operated by Barmuda ("we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

Acceptance of Terms

By creating an account or using our Service, you represent that:

• You are at least 13 years old
• You have the legal capacity to enter into these Terms
• Your use of the Service will not violate any applicable laws
• All information you provide is accurate and current

Description of Service

Barmuda provides a conversational survey platform that allows you to:

• Create surveys with natural language processing
• Deploy surveys through chat interfaces and website embedding
• Collect and analyze responses through our dashboard
• Export survey data in various formats
• Access AI-powered conversation and data extraction features

User Accounts

Account Creation

To use certain features, you must create an account using Google SSO. You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in abusive behavior, or for any other reason at our sole discretion.

Acceptable Use Policy

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Create surveys that collect sensitive personal information without proper disclosure
• Harass, abuse, or harm other users or respondents
• Attempt to gain unauthorized access to our systems
• Reverse engineer or attempt to extract our source code
• Spam or send unsolicited survey links
• Create surveys with misleading, deceptive, or fraudulent content
• Violate any applicable laws, regulations, or third-party rights
• Use automated systems to abuse our rate limits
• Interfere with the proper working of the Service

Content and Data Ownership

Your Content

You retain ownership of all surveys, questions, and data you create. By using our Service, you grant us a limited license to:

• Host, store, and process your content to provide the Service
• Use aggregated, anonymized data to improve our AI capabilities
• Display your surveys to intended respondents

Respondent Data

As a survey creator, you are responsible for:

• Complying with applicable privacy laws (GDPR, CCPA, etc.)
• Providing appropriate disclosures to respondents
• Obtaining necessary consents for data collection
• Using collected data responsibly and lawfully

Subscription and Billing

Paid Plans

Our paid plans are billed monthly and include:

• Starter Plan: $19/month for 1,000 conversations
• Pro Plan: $49/month for 10,000 conversations
• Business Plan: Custom pricing for unlimited conversations

Billing Terms

• Payments are processed securely through third-party payment processors
• Subscriptions automatically renew unless cancelled
• No refunds for partial months or unused conversations
• Price changes will be communicated 30 days in advance
• Overages beyond plan limits may result in additional charges

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. Your data will remain accessible during any paid period.

Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Barmuda and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to our privacy practices.

Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted service. We may:

• Perform scheduled maintenance with advance notice
• Experience unexpected downtime due to technical issues
• Modify or discontinue features with reasonable notice

We are not liable for any downtime or service interruptions.

Disclaimers and Limitations

AI Accuracy

Our AI-powered features are provided "as is." While we strive for accuracy, we cannot guarantee that:

• Survey generation will perfectly match your intent
• Response extraction will be 100% accurate
• Conversation flows will handle all edge cases perfectly

Service Limitations

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARMUDA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY.

Our total liability to you for all claims shall not exceed the amount you paid us in the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Barmuda from any claims, damages, losses, or expenses (including attorney fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration, except for claims involving intellectual property rights or injunctive relief.

Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by email or through the Service. Continued use after changes constitutes acceptance of the updated Terms. If you disagree with changes, you should discontinue using the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Barmuda regarding the Service and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us at: