Bilby Limited - Terms And Conditions

Last updated: September 30, 2024

Adapted from the Basecamp open-source policies / CC BY 4.0

When we say "Company", "Bilby", "we", "our", or "us" in this document, we are referring to Bilby Limited a Hong Kong registered company with company registry number 2867719 or any subsidiary thereof.

When we say "Services", we mean our websites, including quant.bilby.ai, bilby.ai, lite.bilby.ai, and any product service or product output created and maintained by Bilby. When we say "You" or "your", we are referring to the people or organisations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders. When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Payment, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our [Cancellation policy] (https://github.com/basecamp/policies/blob/master/cancellation/index.md) for more details.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  5. We process refunds according to our Fair Refund policy.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. If you need help canceling your account, you can always contact admin@bilby.ai.
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  3. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination may result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Sometimes we change the pricing structure for our products. If we do so, we will give at least 28 calendar days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously.

  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

  3. We may take many measures to protect and secure your data through backups, redundancies, and encryption. There are some edge cases where we may send your data through our network unencrypted.

  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Bilby may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons: ◦ To help you with support requests you make. ◦ On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring. ◦ To safeguard Bilby. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. ◦ To the extent required by applicable law.

  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity or otherwise, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are assuming some risk. If the taking of that risk does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for agreeing to take on that risk.

If you have any questions about any of these Terms, please contact admin@bilby.ai.