Terms of use

1. Acceptance of these terms

By accessing or using the websites, applications, products, or services (collectively, the "Services") provided by Bibha AI Inc. ("Bibha AI", "we", "us", or "our"), you agree to be bound by these terms of use ("Terms"). If you do not agree to all of these Terms, you must not access or use the Services.

These Terms are a legally binding agreement between you andBibha AI Inc.. Certain features may be subject to additional terms, guidelines, or policies, which are incorporated by reference and prevail over these Terms for the specific feature they cover. By creating an account, clicking an acceptance button, or using the Services, you acknowledge that you have read, understood, and agree to these Terms.

2. Definitions

• "Account" means the user account created to access and use the Services.
• "AI Agent" means a voice agent created, configured, or deployed by you through PeachDesk, including its prompts, workflow configuration, knowledge bases, voice settings, tools, and telephony configuration.
• "AI-Generated Content" means any audio, text, data, or other output produced by or through the Services, including output generated by AI Agents.
• "Company IP" means all intellectual property owned by or licensed to Bibha AI Inc., including the Services, software, designs, trademarks, trade secrets, and documentation.
• "Content" means all text, data, audio, configurations, and other materials uploaded, submitted, or transmitted through the Services.
• "Frontier mode" means running pipeline stages on leading cloud providers, metered, with the option to bring your own provider keys (BYOK).
• "Knowledge Base" means a collection of documents and data you upload to inform your AI Agents.
• "Local mode" means running pipeline stages on leading open models on GPU infrastructure you control.
• "PeachDesk-hosted" means the managed service we operate at app.peachdeskai.com. "Self-hosted" means a deployment of PeachDesk in your own environment.
• "Services" means all products, platforms, applications, websites, APIs, and related services provided byBibha AI Inc. under the PeachDesk name, whether PeachDesk-hosted or self-hosted.
• "Subscription Plan" means the commercial plan you select at purchase, as described in the applicable order or on our pricing page.
• "User Content" means any Content that you upload, submit, create, or transmit through the Services.

3. The PeachDesk service

PeachDesk is a voice AI platform for designing, building, deploying, and operating AI voice agents. It includes an agent builder for conversation workflows, Voice Studio for voice design, telephony connectivity for inbound and outbound calling, and tooling to test, monitor, and operate agents in production.

Two model planes, one platform: you can run each pipeline stage in Frontier mode, in Local mode, or mix and match per stage. PeachDesk is available as a PeachDesk-hosted service at app.peachdeskai.com and as a self-hosted deployment in your own environment.

We work to keep the Services available but do not guarantee uninterrupted or error-free operation. The Services may be subject to scheduled maintenance, updates, or temporary interruptions.

4. Eligibility

You must be at least 18 years old to use the Services. You represent and warrant that you have the legal capacity to enter into a binding agreement and that your use of the Services does not violate any applicable law. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

You may not use the Services if you are located in a jurisdiction where use would be prohibited by law, if you are subject to sanctions, or if we previously suspended or terminated your access.

5. Your account

To access certain features, you must create an Account with accurate, complete, and current information, and keep it up to date. You are responsible for safeguarding your credentials, including passwords, API keys, and other authentication tokens, and you must not share them with any third party.

You are responsible for all activity under your Account, whether or not authorized by you. Notify us immediately at sales@bibha.ai if you become aware of unauthorized use of your Account or any other security breach.

6. Your content and AI-generated content

You retain all ownership rights in your User Content. Submitting User Content to the Services does not transfer ownership to us.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, process, and display your User Content solely to provide, maintain, and improve the Services, to enable your AI Agents to function as configured, and to comply with law. We use User Content to train or improve models only if you opt in, as described in our privacy policy.

Subject to your compliance with these Terms, output generated by your AI Agents is owned by you, to the extent permissible under applicable law. AI-Generated Content may be similar to content generated for other users; we do not guarantee its uniqueness.

You are solely responsible for your User Content, for all AI-Generated Content your AI Agents produce, and for reviewing and verifying AI-Generated Content before relying on or distributing it. We may remove or disable access to any content that violates these Terms.

7. Intellectual property

The Services, including all software, user interfaces, designs, documentation, trade secrets, and proprietary technology, are and remain the exclusive property of Bibha AI Inc. and its licensors. "PeachDesk" and related logos, product names, and trade dress are trademarks ofBibha AI Inc.. You may not use these marks without our prior written consent.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with your Subscription Plan. You shall not:

• Copy, modify, distribute, sell, lease, or sublicense any part of the PeachDesk-hosted Services.
• Reverse engineer or attempt to derive the source code of the PeachDesk-hosted Services, except where this restriction is prohibited by law.
• Remove or obscure any copyright, trademark, or proprietary notices.
• Use the Services to build a competing product or service.
• Scrape, crawl, or extract data from the Services by automated means, except through approved APIs.

If you give us suggestions, ideas, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without obligation to you.

8. Acceptable use

You agree to use the Services only for lawful purposes. You are responsible for ensuring that your use of the Services, including the behavior and output of your AI Agents, complies with all applicable laws and regulations. You shall not, and shall not permit any third party to:

• Use the Services for any unlawful, fraudulent, or deceptive purpose.
• Generate or distribute content that is violent, threatening, harassing, defamatory, obscene, or that promotes hatred or discrimination.
• Send unsolicited communications, spam, or mass automated outreach in violation of applicable anti-spam or telecommunications laws.
• Impersonate any person or organization, or deploy AI Agents that misrepresent themselves as human where disclosure of the AI nature of the agent is required.
• Collect or harvest personal data of individuals without proper consent or legal basis.
• Upload or transmit viruses, malware, ransomware, or any other malicious code.
• Interfere with or disrupt the Services, servers, or networks, or attempt to gain unauthorized access to any system or account.
• Circumvent security features, usage limits, or access restrictions of the Services.
• Use the Services in a way that violates data protection, privacy, telecommunications, financial, or consumer protection laws, or applicable export control or sanctions laws.
• Use the Services in any way that exploits, harms, or endangers minors, or for unlawful surveillance of individuals without their knowledge and consent.

We may investigate violations of this policy and take appropriate action, including suspending or terminating your Account, removing content, and reporting violations to law enforcement.

9. Terms for AI voice agents

9.1 Your responsibility

You are solely responsible for the configuration, behavior, and output of the AI Agents you create, deploy, or manage; for monitoring and supervising their actions and communications; and for any decisions made or actions taken based on their output.

9.2 AI output accuracy

AI Agents are not infallible. AI-Generated Content may contain errors, inaccuracies, biases, or unexpected outputs. We do not guarantee the accuracy, reliability, completeness, or suitability of any AI-Generated Content. Verify AI-Generated Content before acting on it or distributing it. AI Agents are not a substitute for professional advice.

9.3 Prohibited AI uses

Without limiting Section 8, you shall not use AI Agents to:

• Provide legal, medical, financial, tax, or other professional advice without appropriate human oversight and licensing.
• Make autonomous decisions in employment, credit, insurance, housing, or other high-stakes domains without human review.
• Generate content that infringes third-party intellectual property rights.
• Conduct automated calling, texting, or voice communications in violation of applicable telecommunications laws, including the TCPA, TRAI regulations, and equivalent laws in your jurisdiction.
• Impersonate real individuals without their explicit consent.
• Generate deepfakes, synthetic media, or manipulated content intended to deceive.
• Process sensitive personal data without appropriate safeguards and legal basis.
• Manipulate, deceive, or psychologically exploit individuals, or engage in voter manipulation or influence operations.

9.4 Phone and voice obligations

If you configure AI Agents with telephony or voice capabilities:

• You are responsible for compliance with all applicable telecommunications regulations.
• You must disclose the AI nature of the agent at the beginning of any voice interaction, unless applicable law does not require it.
• You must comply with all applicable do-not-call and consent-to-record requirements.
• We may suspend voice or phone services if violations are detected.

9.5 Knowledge bases

You are responsible for ensuring that materials you upload to Knowledge Bases do not contain data you are not authorized to use, do not infringe third-party rights, comply with data protection law, and do not contain malicious or illegal material.

10. Third-party services

The Services let you connect third-party tools and providers, such as telephony providers, model providers, and business applications ("Third-Party Services"). You are solely responsible for your accounts, credentials, and compliance with the terms of any Third-Party Services you connect, and for any data shared with or actions taken through them, including actions taken by your AI Agents.

The availability of Third-Party Services through the Services is not an endorsement. We do not control and are not responsible for their availability, accuracy, security, or practices, and we are not liable for any loss or damage arising from your use of them, including their modification or discontinuation.

If you access the Services through APIs, you must comply with the API documentation, keep your API keys confidential, and not use the APIs to build a competing product. We may modify, deprecate, or discontinue APIs with reasonable notice.

11. Fees and payment

Current pricing is available on our PeachDesk pricing page. We may modify pricing with 30 days' prior written notice to affected users.

• Subscription fees are billed in advance on the billing cycle selected at purchase, in the currency specified at the time of purchase.
• You authorize us to charge your designated payment method for all applicable fees. Frontier mode usage is metered and billed according to your plan.
• Fees are exclusive of taxes. You are responsible for all taxes, duties, and levies associated with your use of the Services, excluding taxes on our net income.
• Overdue payments may bear interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, and we may suspend access for accounts with outstanding balances.
• Refund requests must be submitted within 14 days of the billing date and are processed at our discretion. No refunds are issued for partial billing periods or unused features.
• If you access the Services free of charge, that access is provided at our discretion and we may modify, limit, or discontinue it at any time without notice or liability.

12. Limitation of liability

To the maximum extent permitted by applicable law, the total aggregate liability of Bibha AI Inc. and its officers, directors, employees, agents, affiliates, and licensors, arising out of or related to these Terms or the Services, whether in contract, tort, strict liability, or otherwise, shall not exceed the total fees you paid to us in the twelve months immediately preceding the event giving rise to the claim. If you use the Services free of charge, our total liability to you shall not exceed fifty US dollars (USD $50.00) or the equivalent in local currency.

To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages; loss of profits, revenue, business opportunities, data, or goodwill; cost of substitute goods or services; damages arising from reliance on AI-Generated Content; damages resulting from unauthorized access to or alteration of your data; or damages arising from Third-Party Services. These limitations apply even if any remedy fails of its essential purpose.

13. Disclaimer of warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy of AI-Generated Content, and uninterrupted or error-free operation of the Services.

The Services do not constitute professional advice of any kind. Consult qualified professionals before making decisions based on AI-Generated Content. Some jurisdictions do not allow the exclusion of implied warranties; there, these disclaimers apply to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bibha AI Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services; your User Content or AI-Generated Content produced by your AI Agents; your violation of these Terms or of any applicable law or third-party right; the behavior, output, or actions of AI Agents you create, configure, or deploy; and your use of Third-Party Services.

We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation. You may control the defense, provided you do not settle any claim in a way that imposes obligations on us without our prior written consent.

15. Termination

You may terminate your Account at any time through the account settings or by contacting us at sales@bibha.ai. We may suspend or terminate your Account and access to the Services, in whole or in part, at any time and for any reason, including violation of these Terms, non-payment, fraudulent or abusive conduct, extended inactivity, or discontinuation of the Services.

Upon termination, your right to use the Services ceases immediately and your AI Agents are deactivated. We may delete your User Content and Account data after a 30-day grace period unless retention is required by law. You may export your User Content before termination, subject to the capabilities of the Services and your Subscription Plan. Provisions that by their nature should survive termination survive, including Sections 6, 7, 12, 13, 14, and 16.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any legal action arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to their personal jurisdiction.

Before filing a claim, the parties will attempt to resolve any dispute through good faith negotiation for 30 days from written notice of the dispute, and then through mediation administered by a mutually agreed mediator in Santa Clara County, California, with costs shared equally. If mediation does not resolve the dispute within 60 days of the mediation request, either party may pursue resolution in the courts described above. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

17. Changes to these terms

We may modify these Terms at any time. For material changes, we will provide notice by email, a prominent notice on the Services or website, or an in-app notification, at least 30 days before the changes take effect. Non-material changes, such as formatting or clarifications that do not alter the substance, may be made without prior notice.

Your continued use of the Services after the effective date of a modification constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Services and terminate your Account.

18. General provisions

Privacy. Your use of the Services is also governed by our privacy policy, which describes how we collect, use, store, share, and protect personal information and the security measures we apply to it.

Cookies. The Services use cookies and similar technologies as described in our cookie policy.

Severability. If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force.

Entire agreement. These Terms, together with the privacy policy, cookie policy, and any applicable additional terms, are the entire agreement between you and Bibha AI Inc. regarding the Services and supersede all prior communications and agreements on this subject.

Waiver. Our failure to enforce any right or provision is not a waiver. Any waiver is effective only in writing, signed by an authorized representative of Bibha AI Inc..

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, restructuring, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government actions, power or telecommunications failures, cyberattacks, labor disputes, supply chain disruptions, or third-party provider failures. The affected party shall promptly notify the other and use commercially reasonable efforts to mitigate the impact.

19. Contact us

For questions, concerns, or legal notices regarding these Terms:

Bibha AI Inc.
3790 El Camino Real, Ste 853
Palo Alto, CA 94306, United States
Email: sales@bibha.ai
Website: https://peachdeskai.com

For legal notices, please include "Legal notice" in the subject line.

Questions about these terms? Talk to our team before you sign anything.

Email sales@bibha.ai with "Legal notice" in the subject line.

Talk to an expert