Terms of Service

1. Agreement and who we are

BajaWell Dev (the Service) is operated by Luis Pulido Díaz, an individual doing business under the bajawell name (we, us). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you confirm that you have authority to bind it, and you then means that organization.

You can contact us about these Terms at legal@bajawell.com.

2. The Service

The Service lets you describe a website in a chat. An AI agent then writes static website files (HTML, CSS and JavaScript), shows you a live preview, and lets you export the code. Generated sites have no backend or database of their own.

We may change, add or remove features, models or limits at any time. We will try to give notice of changes that materially reduce what you have paid for.

3. Eligibility and accounts

• You must be at least 16 years old, and old enough to form a binding contract where you live.
• Provide accurate registration details and keep your credentials secure. You are responsible for all activity under your account. Tell us promptly at legal@bajawell.com if you suspect unauthorized access.
• You may sign in with email and password or, where offered, with your Google account.
• One person or organization per account. Do not create accounts to get around limits or bans.

4. AI-generated output

Output is produced by third-party AI models and can be inaccurate, incomplete, offensive, or similar to output produced for other users. It may contain bugs, accessibility problems, security weaknesses or content that infringes the rights of others.

You are responsible for reviewing and testing output before you publish or rely on it. The Service does not provide legal, medical, financial or other professional advice, and generated copy such as policies, disclaimers or compliance text is a starting point, not a substitute for a professional.

Output is not guaranteed to be unique. Because models can produce the same or similar text for different people, rights in similar output generated for others are not yours.

5. Your content and ownership

Your content means the prompts, instructions and materials you provide, and the files the Service generates for you from them (Output).

• Ownership. As between you and us, you own your content. Subject to your compliance with these Terms and to any rights of third parties, we assign to you whatever rights we may have in the Output. You can export it and use it, including commercially, anywhere.
• License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display and reproduce your content solely to operate, secure, support and improve the Service and to provide it to you. This license ends when you delete the content or your account, apart from backups and copies we must retain by law, which expire in the ordinary course.
• Your responsibility. You confirm that you have the rights needed to submit your content (including logos, photos, text and brand names) and that submitting and using it does not violate any law or third-party right.
• Open-source and third-party code. Generated sites may load third-party libraries, fonts or CDNs (for example Tailwind via CDN). Those are governed by their own licenses and terms.

We own the Service itself: the software, design, branding, documentation and the agent's instructions. These Terms give you no rights in them beyond the right to use the Service. If you send us feedback, we may use it without restriction or compensation.

6. Acceptable use

You agree not to use the Service, or the sites you build with it, to:

• break any applicable law or regulation, or infringe or misappropriate anyone's rights;
• create phishing, scam, fake-store, impersonation or other deceptive sites, including sites that imitate a real person, brand, bank, government or service in order to mislead;
• build or distribute malware, spyware, credential-harvesting pages or anything designed to damage or gain unauthorized access to systems or data;
• generate or host sexual content involving minors, content that sexually exploits anyone, content that incites violence or hatred against people or groups, or content promoting self-harm;
• sell or promote illegal goods or services, or facilitate fraud, money laundering or human trafficking;
• harass, threaten, defame, stalk or dox anyone, or publish others' private information;
• collect personal data deceptively or without a lawful basis, for example a form that collects payment or login details under false pretenses;
• probe, scan or test the vulnerability of the Service; bypass rate limits, credit checks or access controls; or interfere with other users or with the Service's operation;
• attempt to extract the agent's system instructions, or to jailbreak or manipulate the models into violating these rules or the model providers' usage policies;
• scrape, resell, sublicense or provide the Service to third parties as your own, or use output to develop a competing AI model or service, except as these Terms expressly allow;
• use automated means to create accounts or to consume credits obtained through fraud or chargebacks.

We may review content when needed to enforce these Terms, respond to legal requests, or investigate abuse, and may remove content or suspend access (see Termination). The model providers we use also apply their own usage policies, and requests that violate them may be refused or flagged.

7. Credits

The Service is paid for with credits. Credits are a limited, revocable, non-transferable right to use the Service; they are not money, are not a stored-value instrument, have no cash value, and cannot be redeemed for cash or transferred between accounts.

• Free credits. New accounts receive 40 free credits once. We may decline, limit or withdraw free credits where we suspect abuse, such as multiple accounts.
• Usage. Credits are deducted as the agent works, after each step, based on the model usage that step consumed. The cost of a request therefore depends on its size and complexity, and cannot always be known in advance. A step that has run is charged even if you later discard its output. Your balance never goes below zero, but a step that begins with a low balance can use the remaining credits.
• Minimum balance. You need a small minimum balance to start a new agent run. The Pricing page shows current credit pack and plan details.
• Ledger. Each credit grant and deduction is recorded in a ledger attached to your account. If you believe an entry is wrong, contact us within 60 days and we will review it; our records are conclusive absent manifest error.
• Expiry. We do not currently expire purchased or granted credits while your account is open. Credits are forfeited when your account is closed. We may introduce an expiry for future purchases on reasonable notice, which will not apply to credits you already hold.

8. Payments, subscriptions and taxes

• Payment processor. Payments are processed by Stripe. We never see or store your full card number. Your use of Stripe is subject to Stripe's terms and privacy policy.
• Prices. Prices are shown in US dollars on the Pricing page at checkout and are charged when you buy. We may change prices at any time; a change does not affect an order already paid or the current period of an active subscription.
• Credit packs are one-time purchases. Credits are added to your balance once payment is confirmed.
• Subscriptions renew automatically each month at the then-current price until cancelled. Each renewal grants that plan's monthly credits. You authorize us and Stripe to charge your payment method on every renewal. You can cancel or change your payment method at any time from the billing portal (Billing page); cancellation takes effect at the end of the paid period and we do not refund the remaining part of that period, except as stated in these Terms or required by law.
• Failed payments. If a payment fails we may retry it, suspend the subscription's credit grants, or cancel it.
• Taxes. Prices may exclude VAT, sales tax or similar taxes, which are added where required. You are responsible for any taxes, duties and bank fees other than taxes on our income.
• Chargebacks. If you dispute a charge without first contacting us, we may suspend your account and recover the credits associated with the disputed payment.

9. Refunds and withdrawal

Because credits are consumed by the computing cost of running AI models and digital content is delivered immediately, payments are generally non-refundable, and used credits cannot be refunded.

That said, we will refund or re-credit in these cases, on request to legal@bajawell.com:

• you were charged twice for the same purchase, or charged by mistake;
• credits were deducted because of a verifiable fault in the Service that produced no usable result;
• a refund is required by mandatory law that applies to you.

Consumers in the EU, EEA, UK and similar regions. You may have a statutory right to withdraw from a distance purchase within 14 days. By buying credits or starting a plan you ask us to begin supplying the digital service immediately and you acknowledge that, once credits are used or the service has been fully performed, you lose the right of withdrawal for what has been used. For unused credits within the withdrawal period, contact us and we will refund them. Nothing in these Terms limits mandatory consumer rights.

10. Availability and changes to the Service

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. It may be unavailable for maintenance, outages, third-party failures (including our hosting, database and model providers) or events outside our control. The Service is currently provided without a service level agreement.

Keep your own copies. Export your projects regularly. We do not guarantee that projects will never be lost, and the Service is not a backup system.

Features that are labeled beta or preview may change or disappear and are provided without warranties of any kind.

11. Copyright and takedown

We respect intellectual property rights. If you believe content created with the Service infringes your rights, send a notice to legal@bajawell.com including: your contact details; a description of the work and where it appears; a statement that you believe in good faith the use is unauthorized; and a statement, under penalty of perjury where applicable, that your notice is accurate and that you are the owner or authorized to act for them. We may remove content and suspend accounts of repeat infringers.

Note that sites you export and host elsewhere are outside our control; direct complaints about them to their host.

12. Third-party services

The Service relies on third parties, including hosting and AI infrastructure, a database provider, a payment processor and, if you choose it, Google sign-in. They are listed in our Privacy Policy. We are not responsible for third-party services or for sites you build that link to or embed them. Their terms apply to your use of them.

13. Termination and suspension

You may stop using the Service and request deletion of your account at any time by emailing privacy@bajawell.com. Cancel any subscription first, because deleting an account does not by itself stop a recurring charge you have not cancelled.

We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms or the law, created risk or harm for us or others, failed to pay, or if we must do so to comply with law, or if we discontinue the Service. Where practical and lawful we will tell you why and give you a chance to export your work. If we terminate your account for convenience, we will refund unused prepaid subscription time.

Sections that by their nature should survive termination (ownership, payment obligations, disclaimers, limitation of liability, indemnity, and governing law) will survive.

14. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND THAT THE SERVICE OR OUTPUT WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Mandatory consumer rights are not affected.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) USD 100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or for willful misconduct.

16. Indemnity

To the extent permitted by law, you will defend and indemnify us against claims, damages, liabilities and reasonable costs (including legal fees) arising from your content, the sites you build and publish, your breach of these Terms or the law, or your infringement of others' rights. This does not apply to consumers where mandatory law prevents it.

17. Governing law and disputes

These Terms and any dispute arising from them are governed by the laws applicable in the place where Luis Pulido Díaz resides, without regard to conflict-of-law rules. Courts of that place have jurisdiction, except that consumers keep the benefit of any mandatory consumer-protection rules and any right to bring proceedings in the courts of their own country of residence.

Before starting formal proceedings, please contact legal@bajawell.com and give us 30 days to try to resolve the matter informally.

18. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Changes. We may update these Terms. We will post the new version here with a new date and, for material changes, notify you by email or in the Service. Continued use after the effective date means you accept the update; if you do not, stop using the Service.
• Severability and waiver. If a provision is unenforceable, the rest remain in effect. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them to a successor to the business.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.
• Notices. We may notify you by email at the address on your account or inside the Service. Send notices to us at legal@bajawell.com.
• Export controls and sanctions. You may not use the Service where prohibited by applicable export-control or sanctions law.
• Language. The English version controls if a translation differs.

19. Contact

Luis Pulido Díaz, operating BajaWell Dev. Legal questions and notices: legal@bajawell.com. Privacy requests: privacy@bajawell.com.