Terms of Service

1. The Service

Barista is an AI-powered PR intelligence platform. The Service lets you create workspaces and use AI agents to research media contacts and outlets, monitor news, and generate communications materials such as press releases, pitches, and talking points. Features may be added, changed, or removed over time.

2. Accounts and Eligibility

You must be at least 18 and able to form a binding contract. You are responsible for your account credentials, for all activity under your account, and for ensuring your authorized users comply with these Terms. Notify us promptly of any unauthorized use.

3. Beta Service

The Service is currently provided as a beta release. This means:

• It is provided “as is” and “as available,” may contain bugs or errors, and may be unstable or interrupted.
• Features may change or be discontinued at any time without notice.
• We provide no service-level commitment, uptime guarantee, or support obligation during beta.
• You should not rely on the Service for critical workflows without independent backups and review.
• We may modify, suspend, or end the beta program, or your participation in it, at any time.

The disclaimers and liability limits in Sections 12 and 13 apply with full force to beta use.

4. Customer Data and License to Us

“Customer Data” means all data, text, contacts, documents, and other content that you or your authorized users submit to, upload to, or generate within the Service.

You own your Customer Data. As between you and Barista, you retain all right, title, and interest in Customer Data, including AI-generated outputs created for you through the Service (see Section 5).

You grant Barista a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to: (a) provide, secure, and maintain the Service; (b) prevent or address technical or security issues; (c) comply with law; and (d) improve the Service in aggregated and de-identified form that does not identify you, your users, or any individual.

Model training. We do not use your Customer Data to train our own or third parties' foundation models. Our AI subprocessors are contractually bound not to train their models on data submitted through the Service. See the Privacy Policy for details.

5. AI-Generated Output

The Service uses generative AI. You acknowledge:

• Output may be inaccurate, incomplete, or fabricated. AI can generate plausible-sounding but false statements (“hallucinations”), including about real people and organizations.
• You are responsible for reviewing all output before use or publication. Barista is a drafting and research tool, not a substitute for professional editorial, legal, or factual review. You are solely responsible for any content you publish or distribute.
• Output may not be unique; similar output may be generated for other customers.
• You are responsible for ensuring your use of output complies with applicable law, including defamation, advertising, publicity, and intellectual property laws.

As between the parties, output generated for you is treated as Customer Data and owned by you, subject to our and our providers' rights in the underlying models and Service.

6. Personal Data and Data Processing

The Service is used to process personal data about third parties, including journalists, podcasters, and other media contacts. With respect to that personal data:

• You are the controller (or act on behalf of your own client controllers) and Barista is the processor.
• Our processing is governed by the Data Processing Addendum (DPA) at getbarista.ai/dpa, which is incorporated into these Terms by reference and applies automatically where data protection law requires it.
• You represent that you have a lawful basis and all necessary rights and notices to provide such personal data to the Service and to instruct us to process it.

Our handling of personal data is further described in the Privacy Policy at getbarista.ai/privacy.

7. Acceptable Use

You will not, and will not permit anyone to:

• use the Service to violate any law or third-party right, or to harass, defame, or surveil any person unlawfully;
• upload personal data you have no lawful right to provide;
• use the Service to generate or distribute content that is unlawful, deceptive, defamatory, or that impersonates a person or entity without authorization;
• attempt to access the Service or its data other than through permitted interfaces, or scrape, reverse engineer, or probe the Service except as permitted by law;
• circumvent usage limits, credits, or security controls, or introduce malicious code;
• resell or provide the Service to third parties except for your own clients in the ordinary course of your PR or communications business, consistent with these Terms.

We may suspend access to address violations, security risks, or legal requirements.

8. Plans, Credits, and Payment

Paid plans, usage credits, and fees are described on your order or at getbarista.ai/pricing (the “Order”). Unless stated otherwise:

• Fees are billed in advance on a recurring basis through our payment processor and are non-refundable except as required by law.
• The Service meters usage in credits. Credit allowances are tied to your billing cycle and expire at the end of each cycle; unused credits do not roll over and are not refundable or exchangeable for cash.
• Additional credit packs, if purchased, are one-time and non-refundable.
• We may change pricing on renewal with reasonable prior notice.
• You are responsible for applicable taxes. You authorize us and our payment processor to charge your payment method for all fees due.

Beta accounts may be provided free of charge; we may begin charging for the Service on reasonable notice, after which continued use requires a paid plan.

9. Third-Party Services

The Service integrates third-party services (for example, AI model providers, payment processing, email delivery, and hosting). Your use of those services may be subject to their terms, and we are not responsible for third-party services. A current list of subprocessors is set out in our Privacy Policy.

10. Intellectual Property

Barista and its licensors own all right, title, and interest in the Service, including all software, models we provide access to, designs, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, subject to these Terms. We reserve all rights not expressly granted.

11. Feedback

If you give us suggestions, ideas, or feedback about the Service (“Feedback”), you grant Barista a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback into the Service without restriction or obligation to you.

12. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
• BARISTA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID TO BARISTA IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (b) USD 100.

During any period the Service is provided free of charge (including beta), Barista's total liability will not exceed USD 100.

These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some may not apply to you.

14. Indemnification

You will defend and indemnify Barista against third-party claims arising from: (a) your Customer Data; (b) your use of the Service in violation of these Terms or law; or (c) content you publish or distribute that was created with the Service. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights.

15. Term, Suspension, and Termination

These Terms apply while you use the Service. Either party may terminate for material breach not cured within 30 days of notice. You may stop using the Service and close your account at any time. We may suspend or terminate access for breach, non-payment, legal requirement, or risk to the Service or others.

On termination, your right to use the Service ends. We will make Customer Data available for export for 30 days after termination, after which we may delete it in the ordinary course, subject to the DPA and applicable law.

16. Changes to These Terms

We may update these Terms. For material changes, we will provide reasonable notice (for example, by email or in-app). Changes take effect on the stated effective date, and continued use after that date constitutes acceptance. The Privacy Policy and DPA may be updated under their own terms.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to arbitration.

18. General

These Terms, together with the Privacy Policy, DPA, and any Order, are the entire agreement between the parties regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

19. Contact

Barista, Inc.
550 NW Franklin Ave STE 218, Bend OR 97703
tech@getbarista.ai