Terms of Service

These Terms govern your access to and use of the BayconAI website, content, tools (including any visibility audits and project estimators), and any related services we provide.

Revised October 6, 2026. The provider is identified as Mauricio Nunes Marques, an individual providing services under the BayconAI brand, and contact details are consolidated to ai@bayconai.com; a principal-place-of-business address is no longer published; venue is San Mateo County, California; the statement that we may assign these Terms in a merger, acquisition or sale of assets was removed. Previous version: May 14, 2026.

1. Who we are

"BayconAI," "we," "us," or "our" refers to Mauricio Nunes Marques, an individual providing services under the BayconAI brand. You can reach us at ai@bayconai.com.

2. Acceptance of these Terms

By accessing the bayconai.com website (the "Site"), using any of our tools or content (the "Services"), or engaging us under a Statement of Work, you accept and agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

3. Eligibility

You must be at least 18 years old and able to form a binding contract under California law. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13.

4. Accounts and access

Some parts of the Services may require you to provide a name, business email, or other information. You agree to provide accurate information, to keep it current, and to keep any access credentials confidential. You are responsible for activity that occurs through your access. Notify us promptly at ai@bayconai.com if you suspect unauthorized access.

5. Services and tools

The Services may include, without limitation: AI visibility audits, project estimators and calculators, written content (blog posts, frameworks, guides), and bespoke AI implementation services delivered under a separate Statement of Work.

Site content and free tools are provided for general informational purposes. They are not a substitute for professional advice tailored to your situation, and we make no representation that any output will produce a specific result.

6. AI-generated outputs

Portions of the Services use machine-learning systems, including third-party large language models, to produce outputs ("AI Outputs"). You acknowledge that:

• AI Outputs may be inaccurate, incomplete, or out of date.
• Because AI systems are probabilistic, similar inputs by different users may produce similar outputs; we do not represent that AI Outputs are unique to you.
• You are responsible for reviewing AI Outputs before relying on, publishing, or implementing them.
• You will not submit confidential information, regulated health, financial, or other sensitive personal information into our public tools unless we have signed a written agreement (including a Data Processing Addendum) covering that data.

7. Fees and billing

Site content and audit tools may be free to access. Paid Services (including consulting engagements and implementation projects) are governed by the fees stated in the applicable Statement of Work or order form, which is incorporated into these Terms by reference. Unless otherwise stated: fees are in U.S. dollars; invoices are due net thirty (30) days; amounts past due accrue interest at the lesser of 1.5% per month or the highest rate permitted by law; you are responsible for taxes other than taxes on our net income.

8. Our intellectual property

The Site, our trademarks, logos, brand elements, source code, methodologies, templates, frameworks, training content, and any non-client-specific deliverables are owned by BayconAI or our licensors and are protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and free tools for your internal business purposes, subject to these Terms.

9. Your content; license to us

You retain ownership of materials you submit through the Services ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, and display Customer Content solely as necessary to provide the Services to you and to improve them in aggregated, de-identified form. We do not sell Customer Content. Details for paid engagements are covered in the MSA and the DPA.

10. Feedback

If you send us suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.

11. Third-party services

The Services may link to or interoperate with third-party products (for example, OpenAI, Anthropic, Google, analytics providers). We do not control those products. Your use of them is governed by their own terms and privacy notices, and we disclaim responsibility for them to the maximum extent permitted by law.

12. Acceptable use

You agree to comply with our Acceptable Use Policy, which is incorporated by reference. Among other things, you will not: reverse engineer the Services, scrape or train models on the Site without our express written permission, use the Services to violate law, infringe rights, or send unsolicited messages, or attempt to circumvent rate limits or access controls.

13. Suspension and termination

We may suspend or terminate your access at any time if we reasonably believe you have violated these Terms, present a security or legal risk, or fail to pay amounts due. You may stop using the Site at any time. Sections that by their nature should survive (including IP, disclaimers, limits of liability, indemnity, dispute resolution, and miscellaneous) will survive termination.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAYCON AI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR FIT FOR YOUR PURPOSE.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAYCON AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

For Site users who have not signed a Statement of Work, our total aggregate liability arising out of or relating to the Services will not exceed one hundred U.S. dollars (US$100). For paying clients, the limit will be the amount you paid us under the applicable Statement of Work in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limits may not apply to you in full.

16. Indemnification

You agree to defend, indemnify, and hold harmless BayconAI, its affiliates, officers, employees, and contractors from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your violation of these Terms or applicable law; (b) Customer Content you submit; or (c) your use of AI Outputs.

17. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Except for matters subject to arbitration, the state and federal courts located in San Mateo County, California will have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts.

18. Dispute resolution; arbitration; class waiver

Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by emailing ai@bayconai.com. If we cannot resolve it within thirty (30) days, either party may proceed under this section.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, in San Mateo County, California, or by video at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class waiver. You and BayconAI agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any class proceeding.

Opt-out. You may opt out of this arbitration agreement by emailing ai@bayconai.com within thirty (30) days of first accepting these Terms with the subject line "Arbitration Opt-Out."

Exceptions. Either party may bring an action for injunctive relief regarding intellectual property in court, or pursue claims in small-claims court if eligible.

19. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on the Site with a new "Last updated" date. Material changes will be announced through the Site or by email to clients. Your continued use after the effective date constitutes acceptance.

20. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, AUP, MSA (if applicable), and any executed Statement of Work, constitute the entire agreement between you and BayconAI regarding the Services and supersede prior agreements on the subject. Severability. If any provision is held unenforceable, the remaining provisions will continue in effect. No waiver. Our failure to enforce any provision is not a waiver. Assignment. You may not assign these Terms without our prior written consent. Force majeure. Neither party is liable for delays caused by events outside its reasonable control. Notices. We may give notice by email or by posting on the Site; you must give notice in writing to ai@bayconai.com.

21. Contact

Questions about these Terms? Email ai@bayconai.com.