Terms of Service

01Who we are and what these Terms cover

These Terms of Service (the "Terms") are a binding agreement between Beyond Border Group Limited, a company incorporated in the Hong Kong Special Administrative Region of the People's Republic of China ("Beyond Border", "we", "us", "our"), and the person or entity using the Services ("Customer", "you", "your"). Beyond Border operates the platform known as Intelligence by Bearingbridge, reachable through the bearingbridge.ai and bearingbridge.com domains and any related application, interface or API (together, the "Services").

By creating an account, signing in, buying credits or otherwise using the Services, you accept these Terms. If you use the Services on behalf of a company or another legal entity, you confirm that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Services.

Before your first purchase of credits you are asked to confirm that you have read and accept these Terms. That confirmation is recorded with its date, time and network address as evidence of your acceptance, and it covers every later purchase under the same version of the Terms.

02Definitions

• "Account" means the login and profile through which you access the Services.
• "Organization" means the workspace grouping several Accounts under one administration, including a personal organization limited to a single user.
• "Credits" means the prepaid balance, denominated in United States dollars, from which the Services deduct the price of each AI run and of other billed resources. One credit equals one US dollar of balance.
• "Customer Data" means all data, files, text, images, connections and other material that you or your Authorized Users submit to, upload to or connect with the Services.
• "Outputs" means the reports, analyses, text, images, translations, recommendations and other results that the Services generate for you, in whole or in part with artificial intelligence models.
• "Models" means the machine learning models, whether proprietary to their publishers or open source, that the Services invoke through third-party providers to produce Outputs.
• "Third-Party Offerings" means services, data sources, models and software that are not owned by Beyond Border and that the Services access or integrate with, such as model providers, payment processors, search data providers, e-mail providers, advertising platforms and customer relationship systems you connect.
• "Authorized Users" means the individuals you allow to use the Services through your Organization.
• "Resultant Data" means aggregated, de-identified technical and usage data derived from the operation of the Services that does not identify you, your Authorized Users or any natural person.
• "Harmful Code" means any virus, worm, malware, time bomb or other code designed to disrupt, damage or gain unauthorized access to systems or data.

03The Services

Subject to these Terms, Beyond Border grants you a non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during the term of this agreement. The Services let you run reports, agents, analyses and other AI-assisted work over Customer Data and over data sources we make available, using Models and Third-Party Offerings that we select and may change at any time.

We may add, modify, replace or withdraw features, Models and data sources without notice, in particular where a provider changes its own terms, prices or availability. Documentation and in-product help are provided for your internal use only and may not be redistributed.

04Accounts and organizations

Accounts are created by Beyond Border or by an administrator of your Organization. You must keep your credentials confidential, use a password of reasonable strength and tell us without delay at the address in section 21 if you suspect that an Account has been compromised. You are responsible for everything done through your Account and through the Accounts of your Authorized Users, whether or not you authorized it.

An administrator of an Organization may fund a shared Credit balance, set each member's daily allowance on it, invite and deactivate members, and choose interface languages and connected services. Those decisions are yours, not ours. We may suspend an Account that breaches these Terms, that is used fraudulently, or where a law, court or authority requires it.

We do not delete Accounts on request; a deactivated Account loses the ability to sign in while its history remains attached to the Organization for the records the Organization needs. Personal data is handled as described in section 14.

05Credits, prices and payment

Prepaid model. The Services are prepaid. You buy Credits in advance, from a minimum to a maximum amount per purchase displayed on the Buy Credits page, and the price of every AI run, storage rent, data transfer or other billed resource is deducted from a Credit balance when it is incurred. When a balance reaches zero, AI features stop until Credits are bought again; nothing else in the product is affected.

Prices. The price of each run is displayed on the run itself and in your usage history, in US dollars. Prices are derived from the fees of the underlying Models and providers plus our margin, and may change at any time without notice, including between two runs of the same kind. The price that applies is the one in force when the run is executed. Display of an amount in another currency is indicative only.

Payment. Payments are processed by Stripe Payments and its partners. Card and Alipay purchases are charged in US dollars; WeChat Pay purchases are charged in Chinese yuan at the fixed conversion rate displayed before you pay, and the Credits received are the US dollar amount you selected. Stripe issues an invoice for each purchase. You are responsible for any bank, card, foreign exchange or other charge your own payment provider applies. Credits are credited only when Stripe confirms the payment; a failed, cancelled or disputed payment credits nothing.

Taxes. Prices exclude any tax, duty or levy that may apply under the law of your own jurisdiction. Where such a tax applies to you, you are responsible for it. Hong Kong does not levy value added tax or sales tax.

Nature of Credits. Credits are a prepayment for use of the Services, not money, e-money, a deposit, a security or a stored value facility. Credits do not bear interest, are not transferable between Accounts or Organizations except by an administrator's use of the shared balance as the product allows, and cannot be exchanged, sold or redeemed for cash. Credits have no expiry date while your Account or Organization remains active; they are forfeited on termination as set out in section 18.

Chargebacks. If you initiate a chargeback or payment dispute for a purchase whose Credits have been made available to you, we may suspend the Account and the Organization until the matter is resolved, and reverse the corresponding Credits.

06No refunds

All purchases of Credits are final. Beyond Border does not refund Credits, in whole or in part, for any reason. This applies, without limitation, to unused Credits, to Credits bought by mistake or in a larger amount than intended, to Credits bought through automatic top-up, to Credits spent on runs whose Outputs you find unsatisfactory, inaccurate or unusable, to changes in prices, Models or features, to unavailability of the Services or of a Third-Party Offering, and to the suspension or termination of your Account or Organization for any cause, including at your own request.

Before you pay, the Buy Credits page shows you the amount you will be charged, the Credits you will receive and the payment method; you have the opportunity to correct or abandon the purchase up to the moment you confirm it with your payment provider. To the fullest extent permitted by the law of Hong Kong, you waive any right to a refund, cancellation or cooling-off period in respect of Credits.

Nothing in this section limits the rights that a consumer may have under the laws of Hong Kong which cannot be excluded by contract. The Services are designed for business use, and Beyond Border does not intend to supply them to consumers.

07Automatic top-up

You may save a card and instruct the Services to buy a fixed amount of Credits automatically whenever a balance falls below a threshold you choose, up to a daily limit you set. Each automatic purchase is a purchase under section 5 and is not refundable under section 6. You may switch automatic top-up off, or change the threshold, amount, daily limit or card, at any time on the Buy Credits page; changes apply to purchases initiated after they are saved. We may pause automatic top-up when a charge is declined.

08Storage and other billed resources

Persistent storage of files you upload, download traffic and other resources indicated as billed in the product are charged against Credits at the rates displayed in the product. Those rates may change at any time. When a balance cannot cover storage rent, we may restrict access to the stored files until Credits are bought, and may delete files after a reasonable notice period.

09Third-party models and offerings

The Services depend on Third-Party Offerings, including the Models themselves, that Beyond Border does not control. Their availability, behaviour, prices and terms are set by their providers and may change or end without notice. Where you connect your own account with a Third-Party Offering, such as a customer relationship system, an advertising platform or an e-mail service, you authorize the Services to access it on your behalf within the scope you grant, and you remain bound by that provider's own terms. Beyond Border is not responsible for any Third-Party Offering and gives no warranty about it. Customer Data sent to a Model to produce an Output is processed by that Model's provider under its own terms; we select providers that commit not to train on customer data submitted through the channel we use, but we cannot guarantee their conduct.

10Availability and support

We work to keep the Services available and to repair defects within a reasonable time, but we do not promise uninterrupted or error-free operation, any particular speed, or the continued availability of any Model, data source or feature. We are not liable for downtime or degradation caused by Third-Party Offerings, telecommunications or hosting failures, scheduled or emergency maintenance, or events outside our reasonable control. Support is provided by e-mail and through the contact and bug report forms in the product, during Hong Kong business hours, on a reasonable-efforts basis. No service credit or refund is owed for unavailability unless a separate written agreement between us says otherwise.

11Acceptable use

You must not, and must not allow anyone to:

1. share login credentials, or use the Services otherwise than through your own Account;
2. copy, modify, translate, reverse engineer, decompile or create derivative works of the Services, or access them to build a competing product;
3. sublicense, resell, rent or otherwise make the Services available to third parties, except to your Authorized Users;
4. circumvent usage limits, prices, daily allowances, security measures or access controls, or probe or test the vulnerability of the Services without our written consent;
5. introduce Harmful Code, or send automated requests at a volume that degrades the Services;
6. submit Customer Data that you do not have the right to use, that infringes intellectual property, privacy or other rights, or that is unlawful in Hong Kong or in the place where you are;
7. use the Services to generate or distribute content that is illegal, defamatory, harassing, hateful, sexually explicit involving minors, non-consensual intimate imagery, deceptive impersonation of a real person, or that promotes violence or discrimination;
8. use Outputs to make decisions producing legal or similarly significant effects on individuals without meaningful human review, including in credit, employment, insurance, housing or law enforcement;
9. use the Services in connection with weapons, critical infrastructure attacks, malware, spam, market manipulation or any activity that breaches sanctions or export control laws applicable to you or to us;
10. misrepresent Outputs as independently verified facts, or remove notices identifying content as AI-generated where the law of your jurisdiction requires them.

We may investigate suspected breaches and may suspend or terminate the Account or Organization concerned. Prices already deducted and Credits already bought are not refunded.

12Your responsibilities

You decide who your Authorized Users are, what Customer Data enters the Services, which Third-Party Offerings you connect, and how Outputs are used. You are solely responsible for the lawfulness of the Customer Data, for the notices and consents that its collection and processing require, for the compliance of your Authorized Users with these Terms, and for every use you make of an Output, including its publication, its use in advertising, and any decision taken on the basis of it. You must review Outputs for accuracy, completeness, bias, infringement and fitness before relying on them, and must tell us promptly if a credential has been compromised.

13Customer Data, Outputs and intellectual property

Your data. You retain all rights in Customer Data. You grant Beyond Border a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data solely to provide, secure and improve the Services for you, to comply with law, and to produce Resultant Data.

Outputs. As between you and Beyond Border, and subject to your compliance with these Terms and to the rights of the Model providers, you own the Outputs generated for you and may use them for any lawful purpose. Because Models can produce similar or identical results for different customers, we cannot promise that an Output is unique or that no one else will receive the same or similar content. Outputs may contain material protected by third-party rights; you are responsible for clearing such rights before use.

Our platform. Beyond Border and its licensors own the Services, their software, design, documentation, prompts, workflows, agent definitions and skills we provide, and all improvements to them. No right is granted to you except as expressly stated in these Terms.

Resultant Data. We may generate and use Resultant Data to operate, secure, benchmark and improve the Services, during and after the term.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or obligation to you.

14Personal data

Beyond Border processes personal data relating to you and your Authorized Users (such as names, e-mail addresses, sign-in events, usage logs and billing details) in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong. We use it to operate and secure the Services, to bill you, to send service and product communications you can opt out of, and to comply with law. Personal data is hosted with our infrastructure providers, which may be located outside Hong Kong, and may be transferred to Model and service providers as needed to perform a run you request. You may request access to or correction of your personal data by writing to the address in section 21. Where Customer Data contains personal data of third parties, you are the data user responsible for it under the Ordinance, and we process it on your instructions as a data processor.

15Warranties and disclaimer

Each party warrants that it has the power and authority to enter into these Terms. You further warrant that you hold all rights and consents necessary for the Customer Data and for your use of the Services, and that such use will not infringe the rights of any third party or breach any law.

Except as expressly stated in these Terms, the Services, the Models and the Outputs are provided "as is" and "as available", and Beyond Border disclaims all other warranties, express, implied or statutory, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement and uninterrupted operation, to the fullest extent permitted by the law of Hong Kong. Artificial intelligence is probabilistic: Outputs may be incomplete, out of date, inaccurate, offensive, biased or fabricated, and may look authoritative while being wrong. Outputs are not legal, financial, medical, tax or other professional advice. You bear the entire risk of their use.

16Limitation of liability

To the fullest extent permitted by the law of Hong Kong:

1. Beyond Border shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, goodwill, anticipated savings or data, for the cost of substitute services, for any decision made in reliance on an Output, or for any indirect, special or consequential loss, even if foreseeable or if we were advised of its possibility;
2. the total aggregate liability of Beyond Border arising out of or in connection with these Terms and the Services, in any twelve-month period, shall not exceed the amount you paid to Beyond Border for Credits in the twelve months preceding the event giving rise to the claim, and in any case shall not exceed the amount you paid in total;
3. Beyond Border shall have no liability for any Third-Party Offering, for content generated by a Model, or for the acts or omissions of Model providers, payment processors or hosting providers.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under the Control of Exemption Clauses Ordinance (Cap. 71) or other applicable law of Hong Kong.

17Indemnity

You shall defend, indemnify and hold harmless Beyond Border, its directors, employees and agents from and against all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: Customer Data; your or your Authorized Users' use of the Services or of Outputs; any breach of these Terms or of the terms of a Third-Party Offering; or any violation of law or of a third party's rights. We may participate in the defence with counsel of our choosing at our own cost, and you shall not settle a claim that imposes any obligation or admission on us without our prior written consent.

18Suspension and termination

These Terms take effect when you first use the Services and remain in force while you have an Account. Beyond Border may suspend or terminate the Services, an Account or an Organization with immediate effect where you breach these Terms, where a payment is disputed or reversed, where required by law or by an authority, where continued provision has become commercially impracticable, or after thirty days' notice for any other reason. You may stop using the Services at any time and may ask an administrator to deactivate your Account.

On termination, access ends; any remaining Credits are forfeited and are not refunded; and we may delete Customer Data and Outputs after a reasonable period, subject to our legal obligations to retain records. Sections 5, 6, 12 to 17, 19 and 20 survive termination.

19Governing law and disputes

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or with the Services, are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

The parties shall first try to resolve any dispute amicably by written notice to the other party, allowing thirty days for discussion. Any dispute not so resolved shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. There shall be one arbitrator. The language of the arbitration shall be English. The award shall be final and binding. This clause does not prevent either party from seeking interim or injunctive relief, or from bringing a claim to protect its intellectual property rights, before the courts of Hong Kong, to whose non-exclusive jurisdiction each party submits for that purpose.

To the extent permitted by law, each claim may be brought only in a party's individual capacity, not as a plaintiff or class member in any purported class, collective or representative proceeding.

20General

Changes. We may amend these Terms. The current version, identified by its version date at the top of this page, is always available at this address. Material changes are announced in the product or by e-mail. Your continued use of the Services after a change takes effect, and in particular any purchase of Credits after that date, is acceptance of the amended Terms; if we require it, you will be asked to confirm the new version before your next purchase.

Entire agreement. These Terms, together with any order or written agreement signed by Beyond Border that refers to them, are the entire agreement between us about the Services and supersede all prior discussions and understandings. In case of conflict, a signed written agreement prevails over these Terms.

Language. These Terms are written in English. Any translation, including one displayed by the product's interface language feature, is for convenience only; the English text prevails.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or to a successor of our business on notice to you.

Severability and waiver. If any provision is held invalid or unenforceable, the remainder stays in force and the provision is read down to the minimum extent necessary. No failure or delay in exercising a right is a waiver of it.

Third parties. Except as stated in section 17, no person other than the parties has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of these Terms.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of government, epidemics, network or utility failures, and failures of Third-Party Offerings; payment obligations already incurred are not excused.

Notices. Notices to you may be given in the product or to the e-mail address on your Account. Notices to us must be sent to the contact address in section 21.

21Contact

Beyond Border Group Limited, Hong Kong SAR. Operator of Intelligence by Bearingbridge. Reach us through the contact form in the product or at bearingbridge.com. Please include your Account e-mail and Organization name in any notice.