These Terms of Service ("Terms") govern access to and use of the websites, applications, dashboards, APIs, SDKs, NPM packages, libraries, CLIs, plugins, and related services operated by Probat AI Inc. ("Probat AI," "Company," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Probat AI Inc.
1908 Thomes Avenue, STE 12612, Cheyenne, Wyoming 82001
Support: support@probat.ai
Legal: legal@probat.ai
Privacy: privacy@probat.ai
2.1 Acceptance. By creating an account, clicking acceptance, or using the Services, you agree to these Terms.
2.2 Authority. If you use the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity. In that case, "you" and "Customer" refer to that entity.
You must be at least 18 years old and legally capable of entering into these Terms. You may not use the Services if you are prohibited from doing so under applicable law.
Probat AI provides an AI-assisted experimentation and optimization platform that may include: UI analysis, variant generation, code suggestions, creation of pull requests, experiment configuration, metric collection, and automated insights.
The Services are provided as tooling and decision support. Probat AI does not act as your agent, fiduciary, or decision-maker.
6.1 Account Responsibility. You are responsible for all activity under your Account and for actions of your Authorized Users.
6.2 Credentials. You must safeguard credentials, tokens, API keys, and integration secrets.
6.3 Notification. You must promptly notify us of unauthorized access or security incidents involving your Account.
7.1 Free Services Are As-Is. Free Services are provided strictly on an "AS IS" and "AS AVAILABLE" basis and may include limitations, reduced support, reduced reliability, and reduced features.
7.2 Modification and Discontinuation. We may modify, limit, suspend, or discontinue Free Services at any time without notice or liability.
7.3 No SLA. Free Services include no service level commitments, uptime guarantees, or support obligations.
8.1 Paid Plans. Fees, usage limits, and subscription terms are stated in the applicable plan or Order Form.
8.2 Payment. You authorize us to charge your payment method or invoice you.
8.3 Taxes. Fees exclude taxes. You are responsible for applicable taxes, excluding taxes on our net income.
8.4 Nonpayment. We may suspend or terminate Services for nonpayment.
You may not, and may not allow others to:
We may suspend or terminate access for violations or suspected abuse.
10.1 Ownership. As between the parties, Customer retains ownership of Customer Data.
10.2 Your Responsibilities. You represent and warrant that you have all rights, permissions, and lawful bases to collect, use, and provide Customer Data and End User Data to Probat AI, including required notices and consents.
10.3 License to Provide Services. You grant Probat AI and its subprocessors a worldwide, non-exclusive license to host, store, reproduce, transmit, modify, and process Customer Data as necessary to provide, maintain, secure, and support the Services and as described in these Terms.
10.4 Sensitive Data Prohibition. Unless we agree in a signed writing, you will not submit regulated sensitive data such as protected health information subject to HIPAA, payment card data subject to PCI DSS, or government identification numbers.
11.1 Training Permission. You expressly agree that Probat AI may use Customer Data, including experimentation data, metrics, variant results, prompts, configurations, and usage patterns, to operate, improve, train, fine-tune, validate, and evaluate our models and automation systems and to develop new products and features.
11.2 Aggregation and De-Identification. We may create aggregated or de-identified datasets and use them for analytics, benchmarking, research, marketing insights, product development, and model training. Aggregated or de-identified data is not Customer Confidential Information.
11.3 No Re-Identification. We will not attempt to re-identify de-identified data except for security, integrity testing, or compliance purposes.
12.1 Probabilistic Nature. AI Outputs are probabilistic and may be inaccurate, incomplete, misleading, or contain defects.
12.2 Hallucinations. You acknowledge that AI systems may hallucinate or generate incorrect or fabricated outputs, including code, recommendations, or interpretations.
12.3 No Guarantee. Probat AI makes no guarantee regarding accuracy, reliability, safety, legality, or suitability of AI Outputs.
13.1 Human Oversight Required. You are solely responsible for reviewing, testing, and validating AI Outputs before use, including security review and QA.
13.2 Final Decisions Are Yours. All technical, design, product, and business decisions remain solely yours. Probat AI is a tool and does not assume decision-making responsibility.
14.1 PR-Only Workflow. Probat AI generates suggested changes and pull requests for Customer review.
14.2 No Production Deployment. Probat AI does not automatically deploy code to production environments.
14.3 Deployment Risk. You are solely responsible for approving, merging, deploying, and rolling back changes.
15.1 Included in Services. Any SDKs, NPM packages, libraries, CLIs, scripts, tags, or similar components we provide or publish (collectively, "Client Components") are part of the Services and are provided under these Terms.
15.2 Integration Risk. You are solely responsible for installation, configuration, and use of Client Components in your environment, including compatibility with your codebase, build tooling, dependencies, and security practices.
15.3 Updates and Deprecation. We may update, change, deprecate, or discontinue Client Components at any time. You are responsible for pinning versions and testing updates prior to deployment.
15.4 No Warranty. Client Components are provided "AS IS" and may contain defects or vulnerabilities. You assume all risks arising from their use.
16.1 Integrations. The Services may integrate with third-party platforms (for example Git providers, hosting providers, analytics tools).
16.2 No Responsibility for Third Parties. We are not responsible for third-party availability, security, performance, or failures. Your use of third-party services is governed by their terms.
17.1 Confidential Information. Each party may receive confidential information from the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms.
17.2 Exclusions. Confidentiality obligations do not apply to information that is public, independently developed, rightfully obtained without breach, or required to be disclosed by law.
18.1 Our IP. Probat AI and its licensors own all rights in the Services, Documentation, and underlying technology.
18.2 License to You. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription term, subject to these Terms.
18.3 Reservation of Rights. All rights not expressly granted are reserved.
If you provide feedback, you grant Probat AI a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without compensation or obligation.
Our processing of personal information is described in our Privacy Policy, which is incorporated by reference. Where we process personal data on your behalf as a processor, our Data Processing Addendum also applies. If you process End User Data using the Services, you are responsible for providing notices and obtaining consents required by law.
21.1 Safeguards. We maintain reasonable administrative, technical, and organizational measures designed to protect the Services.
21.2 No Perfect Security. You acknowledge that no system is perfectly secure. You are responsible for securing credentials and implementing appropriate safeguards in your environment.
22.1 Experimental Nature. Certain features may be beta, experimental, autonomous, or early-stage and may contain bugs, defects, or inconsistent behavior.
22.2 No Commitments. Beta and experimental features are provided without warranties, uptime guarantees, or service levels.
22.3 At Your Risk. Use of beta or experimental features is at your sole risk.
We do not guarantee conversion improvements, revenue increases, performance gains, statistical validity, or any particular business result. Any examples, case studies, projections, or estimates are illustrative only.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
25.1 AI and Automation Liability Exclusion. PROBAT AI SHALL HAVE ZERO LIABILITY FOR ANY DAMAGES ARISING FROM AI-GENERATED CODE, AUTOMATED EXPERIMENTS, OR MODEL-GENERATED OUTPUTS, WHETHER USED IN DEVELOPMENT, STAGING, OR PRODUCTION ENVIRONMENTS.
25.2 Customer Deployment Liability Exclusion. UNDER NO CIRCUMSTANCES SHALL PROBAT AI INC. BE LIABLE FOR ANY DAMAGES RESULTING FROM AI-GENERATED CODE, AUTOMATED EXPERIMENTS, OR MODEL-DRIVEN PRODUCT CHANGES DEPLOYED BY THE CUSTOMER.
25.3 No Indirect Damages. We will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business interruption, or data.
25.4 Liability Cap. Our total aggregate liability for all claims in any 12-month period will not exceed the amounts paid or payable by you for the Services in the 12 months preceding the event giving rise to the claim. If you use Free Services, our total aggregate liability will not exceed $100.
25.5 Basis of Bargain. You acknowledge these limitations are a fundamental basis of the bargain and will apply even if a remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless Probat AI from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:
27.1 Informal Resolution. Before filing a claim, you agree to contact us at legal@probat.ai and attempt to resolve the dispute informally for 30 days.
27.2 Binding Arbitration. Except for claims eligible for small claims court and requests for injunctive relief for unauthorized access, IP misuse, or confidentiality breach, any dispute arising from these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules.
27.3 Class Action Waiver. YOU AND PROBAT AI AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
27.4 Time Limit. To the maximum extent permitted by law, any claim must be brought within one year of the event giving rise to the claim or it is permanently barred.
27.5 Governing Law. These Terms are governed by the laws of the State of Delaware, excluding conflict of laws rules.
27.6 Assignment. We may assign these Terms without restriction. You may not assign without our prior written consent.
27.7 Severability. If any provision is unenforceable, the remaining provisions remain in effect.
27.8 No Waiver. Failure to enforce a provision is not a waiver.
27.9 Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
27.10 Notices. Notices to Probat AI must be sent to legal@probat.ai and will be deemed given when received. We may provide notices to you via email, in-app, or by posting to the Services.
27.11 Entire Agreement. These Terms, together with any Order Form and incorporated policies, are the entire agreement regarding the Services and supersede prior agreements on the subject.
27.12 Order of Precedence. If there is a conflict between these Terms and an Order Form, the Order Form controls only for pricing, plan limits, and commercial terms.