Terms of Service

These Terms of Service (“Terms”) govern access to and use of Attababy’s website, platform, APIs, console, GPU infrastructure, private model services, vector and retrieval infrastructure, agent infrastructure, connected infrastructure capabilities, and related services (collectively, the “Services”).

Attababy Technologies LLC (“Attababy”) is a Delaware limited liability company with operations in Miami Beach, Florida.

These Terms apply to general website and Service use. Customer deployments, pilots, production environments, support commitments, pricing, service levels, and other commercial terms may also be governed by an order form, statement of work, pilot agreement, master services agreement, or other written agreement between Attababy and the applicable customer. If there is a conflict between these Terms and such an agreement, the applicable written agreement will control with respect to that customer engagement.

1. Eligibility and Authority

You must be at least 18 years old to use the Services.

If you access or use the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

2. Accounts and Access

Where an account or credential is provided, you are responsible for:

• Maintaining the confidentiality and security of credentials.
• Restricting unauthorized access to your account.
• Providing accurate account and company information.
• Activities performed through your account or credentials.
• Promptly notifying Attababy of suspected unauthorized access.

You may not share credentials in a manner inconsistent with your applicable customer agreement or security requirements.

3. Acceptable Use

You agree not to use the Services to:

• Violate applicable law or regulation.
• Facilitate child sexual exploitation or abuse.
• Distribute malware or conduct unauthorized security attacks.
• Commit fraud or facilitate unlawful activity.
• Attempt unauthorized access to Attababy or third-party systems.
• Circumvent access controls, regional controls, or infrastructure restrictions.
• Interfere with, disrupt, damage, or overload infrastructure or Services.
• Probe or test systems without authorization.
• Use the Services in a manner that materially threatens the security or integrity of Attababy, its customers, or participating infrastructure.

Attababy may restrict, suspend, or terminate access where reasonably necessary to address security risk, unlawful use, material breach, or threats to infrastructure integrity.

4. Customer Configuration and Deployment Requirements

Customers are responsible for providing accurate deployment requirements, configuration information, and instructions relating to their workloads.

Depending on the deployment, these may include:

• Regional or jurisdictional requirements.
• Tenant configuration.
• Infrastructure participation requirements.
• Data-residency requirements.
• Runtime configuration.
• Logging and retention preferences.
• Integration and access-control requirements.

Attababy may use this information to configure workload placement, routing, infrastructure participation, observability, and related platform behavior.

Customers remain responsible for determining the legal, regulatory, contractual, and internal requirements applicable to their workloads.

5. Hosted, Connected, and Hybrid Deployments

Attababy Services may be provided through:

• Attababy-hosted infrastructure.
• Customer-controlled cloud or private infrastructure.
• Customer VPC environments.
• On-premises environments.
• Connected external infrastructure.
• Hybrid combinations of the foregoing.

The responsibilities of Attababy and the customer for any specific deployment will be defined in the applicable written agreement or deployment documentation.

6. Early Deployment Pilots and Commercial Engagements

Attababy is offered through enterprise contractual engagements rather than a self-service subscription model.

Customer relationships may begin with an infrastructure briefing, deployment assessment, or paid early deployment pilot.

Pilot scope, fees, duration, technical objectives, infrastructure responsibilities, and success criteria will be governed by the applicable written agreement.

A pilot does not obligate either party to proceed to a broader production deployment unless otherwise agreed in writing.

7. Fees and Payment

Fees, billing schedules, payment terms, taxes, implementation charges, infrastructure charges, pilot fees, production fees, and other commercial terms will be set forth in the applicable order form, statement of work, pilot agreement, master services agreement, or other written agreement.

Except as expressly provided in an applicable written agreement or required by law, fees paid to Attababy are non-refundable.

Failure to pay undisputed amounts when due may result in suspension or termination of Services.

8. Customer Data and Intellectual Property

As between Attababy and the customer:

• Customers retain ownership of their data, models, prompts, embeddings, application content, proprietary workloads, and other materials they provide to the Services.
• Attababy retains all right, title, and interest in and to the Attababy platform, infrastructure architecture, software, APIs, console, documentation, user interfaces, processes, methods, technologies, and related intellectual property.
• No rights are granted except as expressly stated in these Terms or another written agreement.

Feedback voluntarily provided to Attababy may be used to improve the Services without restriction, provided that Attababy does not identify the customer as the source without permission.

9. Confidentiality

Where the parties have entered into a confidentiality or nondisclosure agreement, that agreement will govern confidential information.

Absent a separate confidentiality agreement, each party agrees to use reasonable care to protect non-public information clearly identified as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

10. Service Availability and Changes

Attababy may modify, improve, update, or discontinue features of the Services from time to time.

Early deployment, pilot, preview, beta, or pre-production capabilities may change and may not have the same availability, support, or performance characteristics as production Services.

Specific service levels, availability commitments, support obligations, or remedies apply only where expressly stated in a written customer agreement.

11. Security

Attababy maintains administrative, technical, and organizational safeguards designed to protect the Services and participating infrastructure.

Customers are responsible for maintaining appropriate security within infrastructure, accounts, credentials, systems, and integrations under their control.

No system or infrastructure environment can be guaranteed to be completely secure.

12. Third-Party and Customer-Controlled Infrastructure

The Services may interoperate with third-party cloud providers, data centers, software platforms, customer-controlled infrastructure, models, tools, APIs, and other external systems.

Attababy is not responsible for the availability, performance, security, or conduct of third-party or customer-controlled systems except to the extent expressly agreed in writing.

13. Suspension and Termination

Attababy may suspend or terminate access where reasonably necessary because of:

• Material breach of these Terms or an applicable customer agreement.
• Security threats or infrastructure risk.
• Unlawful or prohibited activity.
• Non-payment.
• Legal or regulatory requirements.

Customers may terminate Services as provided in the applicable written agreement.

Upon termination, applicable data return, deletion, transition, payment, and continuing obligations will be governed by the applicable agreement.

14. Disclaimers

Except as expressly stated in a written agreement, the Services are provided on an “as available” basis.

To the fullest extent permitted by law, Attababy disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Attababy does not warrant that the Services will be uninterrupted, error-free, or sufficient by themselves to satisfy any particular customer’s legal, regulatory, compliance, security, or operational obligations.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Attababy will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of goodwill, or loss of business opportunity.

Unless otherwise provided in an applicable written agreement, Attababy’s aggregate liability arising out of or relating to the Services will not exceed the fees paid or payable by the customer to Attababy during the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

16. Indemnification

Where applicable, indemnification obligations between Attababy and enterprise customers will be set forth in the governing customer agreement.

Nothing in these Terms creates an indemnification obligation beyond any obligation expressly agreed in writing.

17. Governing Law and Venue

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

Unless otherwise provided in an applicable written agreement, disputes arising from these Terms or the Services will be brought in the state or federal courts having jurisdiction in Miami-Dade County, Florida, and the parties consent to such jurisdiction and venue.

18. Changes to These Terms

Attababy may update these Terms from time to time. Material changes will become effective when posted or as otherwise required by applicable law or customer agreement.

19. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Failure to enforce a provision does not waive the right to enforce it later.

These Terms, together with any applicable written customer agreement, constitute the agreement governing the applicable use of the Services.

20. Contact

Attababy Technologies LLC
1815 Purdy Avenue
Miami Beach, FL 33139
United States