Terms of Service

These Terms of Service (the "Terms") form a legally binding agreement between you ("you" or "Customer") and Dillon Fancher, doing business as AI Babysitter ("AI Babysitter," "we," "us," or "our"), governing your access to and use of our websites, application programming interfaces, Model Context Protocol (MCP) tools, knowledge base, software, and related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO LIMIT OUR LIABILITY (SECTION 13) AND STATE THAT ALL SALES ARE FINAL (SECTION 6).

1. Acceptance of the Terms

By clicking "Subscribe," checking a box indicating acceptance, creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Refunds & Cancellation Policy, each of which is incorporated by reference. If you do not agree, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

2. Eligibility; United States Only

The Service is offered solely to users located in, and is intended solely for use within, the United States of America. By using the Service, you represent and warrant that:

• you are at least 18 years of age and able to form a binding contract;
• you are a resident of, and accessing the Service from within, the United States;
• you are not located in, a resident of, or accessing the Service from the European Union, the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction whose data-protection laws (including the GDPR or UK GDPR) would purport to apply to us; and
• you are not on any U.S. government restricted-party list and are not located in any country subject to a U.S. embargo.

The Service is not directed to, marketed to, or offered to persons outside the United States. If you access the Service from outside the United States, you do so on your own initiative, at your own risk, and in violation of these Terms, and you are solely responsible for compliance with local laws.

3. The Service

AI Babysitter provides a curated, queryable knowledge base and associated MCP tools that deliver context and guidance to AI coding agents. The Service may depend on third-party platforms (including, without limitation, AI model providers, payment processors, email providers, and hosting providers). We may modify, enhance, suspend, or discontinue any part of the Service at any time without liability.

4. Accounts and API Keys

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account or keys, whether or not authorized by you. You must notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to safeguard your credentials. API keys are personal to your account and may not be shared, resold, sublicensed, or transferred.

5. Subscriptions, Billing, and Automatic Renewal

The Service is offered on a subscription basis at the prices published on our pricing page (currently $25 per month or $250 per year). By subscribing, you expressly authorize us and our payment processor to charge your payment method on a recurring basis as described below.

• Automatic renewal. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS at the end of each billing period (monthly or annual, as selected) and your payment method is automatically charged the then-current price, UNTIL YOU CANCEL. You may cancel at any time as described in our Refunds & Cancellation Policy.
• Authorization. You authorize recurring charges without requiring pre-approval for each charge.
• Payment processing. Payments are processed by a third-party processor (Stripe). We do not receive or store your full payment card number. Your use of payment features is also subject to the processor's terms.
• Taxes. Stated prices may exclude applicable sales, use, or similar taxes. Where we are required to collect such taxes, they will be added to your charge. You are responsible for all taxes associated with your purchase other than taxes based on our net income.
• Price changes. We may change prices prospectively. We will provide notice of a price change before it applies to your next renewal; continued use after the change takes effect constitutes acceptance.
• Failed payments. If a charge fails, we may suspend or terminate your access until payment is resolved.

6. No Refunds; All Sales Final

ALL FEES ARE NON-REFUNDABLE. ALL SALES AND PAYMENTS (INCLUDING MONTHLY AND ANNUAL SUBSCRIPTION FEES AND RENEWALS) ARE FINAL. We do not provide refunds or credits for partial billing periods, unused time, downgrades, or unused features, except where required by applicable law. You may cancel at any time to stop future charges; cancellation stops the next renewal and your access continues through the end of the period you have already paid for. See our Refunds & Cancellation Policy for details.

7. Acceptable Use

You agree that you will not, and will not permit anyone else to:

• resell, sublicense, rent, lease, or commercially exploit the Service except as expressly permitted;
• share, pool, or circumvent account, API-key, or usage limits, including any fair-use limits we apply;
• access the Service to build or train a competing product or service;
• scrape, crawl, reverse engineer, decompile, or attempt to derive source code or underlying data, except to the extent such restriction is prohibited by law;
• introduce malware, attempt to gain unauthorized access, or interfere with or disrupt the integrity or performance of the Service;
• use the Service in violation of any applicable law or third-party right; or
• use the Service for any high-risk activity where failure could lead to death, personal injury, or environmental or property damage.

We may impose reasonable usage limits (including a fair-use ceiling on tool calls) to protect the Service and other customers. We may throttle, suspend, or terminate accounts that exceed such limits or that we reasonably believe violate these Terms.

8. Customer Content

"Customer Content" means data, documents, lessons, and other materials you submit to the Service (for example, content you push to your knowledge base partition). As between the parties, you retain all rights you hold in your Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display your Customer Content solely as necessary to provide, secure, maintain, and improve the Service. You represent and warrant that you have all rights necessary to grant this license and that your Customer Content does not violate any law or third-party right.

9. Intellectual Property

The Service, including all software, the curated knowledge base we provide, content, designs, and trademarks, is owned by AI Babysitter or its licensors and is protected by intellectual property laws. Subject to these Terms and your payment of fees, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your internal business or personal purposes during your subscription. All rights not expressly granted are reserved.

10. Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit it for any purpose without obligation or compensation to you.

11. Third-Party Services

The Service may interoperate with or rely on third-party services and AI models that we do not control. We are not responsible for, and disclaim all liability arising from, such third-party services, including the accuracy, availability, or security of their outputs.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY OUTPUT, GUIDANCE, OR AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

Output from the Service, including AI-generated guidance, is provided for informational purposes only, may be inaccurate, and is not professional, legal, financial, or other expert advice. You are solely responsible for evaluating and verifying any output before relying on it, and for all decisions made and code shipped using the Service.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AI BABYSITTER OR ITS OWNERS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such cases our liability is limited to the maximum extent permitted by law.

14. Indemnification

You will defend, indemnify, and hold harmless AI Babysitter and its owners, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your Customer Content, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

15. Suspension and Termination

You may stop using the Service and cancel at any time. We may suspend or terminate your access at any time, with or without cause and with or without notice, including if we believe you have violated these Terms or to protect the Service. Upon termination, your license ends and we may delete your account and Customer Content. Sections that by their nature should survive termination will survive, including Sections 6 and 8–17. Termination does not entitle you to any refund.

16. Binding Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first. Before filing any claim, you agree to first contact us at support@aibabysitter.ai and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be conducted in Colorado, or by telephone or video where available. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

CLASS ACTION WAIVER. YOU AND AI BABYSITTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE IS NOT ARBITRATED, YOU AND AI BABYSITTER EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

If the class action waiver is found unenforceable as to a particular claim, that claim will be severed and may proceed in court, while all other claims remain in arbitration.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado and the United States, without regard to conflict-of-laws rules. Subject to Section 16, the exclusive venue for any permitted court action is the state and federal courts located in Colorado, and you consent to personal jurisdiction there.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and may provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

19. General

• Entire agreement. These Terms, the Privacy Policy, and the Refunds & Cancellation Policy are the entire agreement between you and us regarding the Service and supersede prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them freely.
• Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
• Relationship. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
• Notices. We may provide notices to you by email or by posting on the Service.

20. Contact

Questions about these Terms may be sent to support@aibabysitter.ai.