Draft — Last updated: [DATE] — Effective date: [DATE]
Note: This is a draft for internal review. A lawyer should review before publication. Decision points are marked with [DECISION].
These Terms of Service ("Terms") are a legal agreement between you and EasyAsPie.ai LLC [DECISION: exact LLC name], a Minnesota limited liability company ("Babel3," "we," "us," "our"). They govern your access to and use of the Babel3 platform, including the website at babel3.com, the CLI daemon, the browser dashboard, hosted coding sessions, the voice pipeline, the GPU marketplace, and all related services (collectively, the "Service").
By creating an account, accessing the Service, or clicking "I Agree," you accept these Terms. If you do not agree, do not use the Service.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, "you" refers to that entity.
These Terms incorporate by reference:
You must be at least 16 years old to use the Service. By creating an account, you represent that you are at least 16 years of age and have the legal capacity to enter into these Terms.
If we learn that a user is under 16, we will terminate their account and delete their data promptly.
Babel3 is a voice interface and mesh network for AI coding assistants. The platform consists of:
| Component | Description | License |
|---|---|---|
| CLI Daemon | Runs on your machine, manages your AI coding agent | Apache 2.0 (open source) |
| Browser Dashboard | Web interface for interacting with your agent | Apache 2.0 (open source) |
| GPU Worker | Processes voice (STT/TTS), embeddings, and other compute | Apache 2.0 (open source) |
| Server (babel3.com) | Authentication, billing, connection tunneling, relay | Proprietary |
Babel3 uses a peer-to-peer (P2P) architecture. The babel3.com server handles authentication, billing, and connection signaling. Your terminal content and voice traffic flow directly between your daemon, your browser, and the GPU worker. babel3.com does not store your code, terminal sessions, or voice recordings. Terminal content is relayed through the server in memory only (not persisted to disk) for the duration of the active browser connection.
See our Privacy Policy for a detailed description of what data we do and do not collect.
When you use a cloud-hosted coding session (where the daemon runs on our infrastructure rather than your machine), Babel3 processes your terminal data and workspace files on our CPU host infrastructure. In this mode, we act as a data processor. Hosted session data is deleted within 30 days of session termination.
The voice pipeline converts your speech to text (STT) and generates voice responses (TTS). Voice audio is processed by the GPU worker and discarded after processing — it is not stored on babel3.com. Voice recording is user-initiated only; we do not perform ambient listening.
Speaker enrollment (optional) uses biometric data (speaker embeddings) for speaker identification. This requires your explicit consent under GDPR Article 9. You can withdraw consent and delete your embeddings at any time.
Babel3's agent-to-agent messaging system ("Hive") provides end-to-end encrypted (E2E) communication between your AI agents. Messages are encrypted with X25519 + ChaCha20-Poly1305. Babel3 routes encrypted blobs it cannot read; only routing metadata (sender, recipient, timestamp) is visible to us.
We may modify, update, or discontinue any part of the Service at any time. For material changes that reduce functionality you have paid for, we will provide at least 30 days' notice. We are not liable for modifications to free features or services.
You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
Your agent name is a unique identifier on the Babel3 platform. Agent names are assigned on a first-come, first-served basis. We reserve the right to reclaim or reassign agent names that are inactive for an extended period, impersonate others, or violate the Acceptable Use Policy. [DECISION: Define "extended period" — 6 months? 12 months?]
Each individual may maintain one account. Organizations may have multiple accounts for different team members. Automated account creation is prohibited.
You retain all ownership rights in your code, terminal sessions, voice recordings, and any other content you create or provide through the Service ("Your Content"). Babel3 does not claim ownership of Your Content.
By using the Service, you grant Babel3 a limited, non-exclusive, royalty-free license to process, transmit, relay, and temporarily cache Your Content solely to the extent necessary to provide the Service. This license terminates when you delete Your Content or close your account.
For clarity: this license allows us to relay your terminal content through our server, process voice audio on the GPU worker, and deliver Hive messages. It does not allow us to train AI models on Your Content, sell it, or use it for any purpose other than delivering the Service.
You are solely responsible for Your Content and for ensuring it complies with applicable law and our Acceptable Use Policy. We do not monitor, review, or moderate Your Content in self-hosted mode. In hosted mode, we may review content to the extent necessary to enforce the Acceptable Use Policy or respond to legal obligations.
If you contribute code to the Babel3 open-source repositories, your contributions are governed by the Developer Certificate of Origin (DCO) and licensed under Apache 2.0. See CONTRIBUTING.md for details. Contributions to open-source repositories are separate from Your Content on the Service.
The Babel3 daemon, browser, and GPU worker are licensed under Apache 2.0. You may fork, modify, and redistribute these components under the terms of that license. See LICENSING.md for the complete license map.
Babel3 allows users to serve modified ("rogue") browser forks as full replacements for the official browser dashboard. If you use a third-party browser:
The Babel3 GPU marketplace allows third-party operators to register and offer GPU compute services. If you select a third-party GPU worker:
Third-party GPU operators are required to publish their own Terms of Service and comply with applicable data protection laws. See the GPU Operator Agreement for operator-side obligations.
The Service is designed to connect to third-party AI coding assistants, model providers, APIs, and developer tools — including Anthropic (Claude, Claude Code), OpenAI, Google, GitHub, and others (collectively, "Third-Party Services"). Babel3 is not a party to your agreements with any Third-Party Service.
You are solely responsible for complying with each Third-Party Service's terms. Your use of a Third-Party Service is governed by that provider's terms of service, acceptable use policy, API agreement, and pricing. You must read, accept, and comply with those terms yourself. We do not monitor, audit, or enforce compliance with them on your behalf.
Automation risk is yours. Many Third-Party Services restrict or prohibit specific forms of automation, scripting, programmatic input injection, rate-limit circumvention, account sharing, or machine-to-machine use. The Service is a general-purpose tool. You can configure it in ways that may or may not comply with any given Third-Party Service's terms. You are solely responsible for ensuring that your particular configuration and usage complies with every Third-Party Service you access through the Service.
No warranty of compliance. We make no representation or warranty that any use of the Service — including any example, documentation, tutorial, skill, hook, plugin, MCP tool, or integration we publish — complies with any Third-Party Service's terms. Compliance is fact-specific, provider-specific, and changes over time. Verify it yourself before you rely on it.
No liability for third-party enforcement. We are not liable for any action a Third-Party Service takes against you, including account suspension, account termination, rate limiting, throttling, API key revocation, feature revocation, billing adjustments, or any other enforcement or remediation. You assume all risk of such actions. This applies whether the action is taken automatically, after a provider's own investigation, in response to a complaint, or for any other reason.
Examples. For clarity and without limiting the above:
Your sole recourse in every such case is with the Third-Party Service, not with Babel3.
You agree not to use the Service to:
We may suspend or terminate your account for violations. See Section 13 for termination details.
[DECISION: Publish a separate Acceptable Use Policy page? Or keep it inline in TOS? Recommendation: separate page, cross-referenced here.]
Babel3 uses a credit-based billing system. Credits are purchased in advance and consumed as you use compute resources (GPU time, hosted sessions, etc.). Credit pricing is published at babel3.com/pricing and may change with 30 days' notice.
Payments are processed by Stripe. We do not store credit card numbers or payment instrument details on our servers. See Stripe's Privacy Policy for how Stripe handles your payment data.
If you subscribe to a recurring plan, your subscription will automatically renew at the end of each billing period. We will charge your payment method on file unless you cancel before the renewal date. You can cancel your subscription at any time through the dashboard.
All purchases are final. No refunds are provided.
Exception — EU Cooling-Off Period: If you are located in the European Economic Area (EEA) or the United Kingdom, you have a right to withdraw from a purchase within 14 days of the transaction date, in accordance with the EU Consumer Rights Directive (2011/83/EU). To exercise this right, contact [email protected] within 14 days of purchase. Credits consumed during the cooling-off period will be deducted from the refund.
If you expressly request that the Service begins during the cooling-off period (e.g., by immediately using purchased credits), you acknowledge that you may lose the right of withdrawal for credits already consumed.
If a payment fails (e.g., expired card, insufficient funds):
| Timeline | Action |
|---|---|
| Day 0 | Payment fails. We notify you by email. |
| Days 1–14 | Grace period. Your account remains fully active. We will retry the payment and notify you of each failure. You can update your payment method at any time during this period. |
| Day 15 | Account suspension. If payment has not been resolved, we suspend your account. Hosted sessions are paused. Self-hosted functionality continues to work (the daemon runs on your machine). |
| Day 45 | Data deletion. If your account remains suspended for 30 days after suspension, hosted session data and workspace files may be permanently deleted. Account data and billing records are retained per the Privacy Policy. |
[DECISION: Is 45 days (14 grace + 30 suspended) the right window before data deletion? Or longer?]
You are responsible for all applicable taxes. Prices do not include taxes unless explicitly stated. If we are required to collect taxes, they will be added to your invoice.
When you use a third-party GPU worker, credits are charged at the rate set by the GPU operator. The operator receives approximately 90% of the credit charge; Babel3 receives approximately 10%. See the GPU Operator Agreement for details.
The Babel3 name, logo, and trademarks are the property of EasyAsPie.ai LLC. The Apache 2.0 license does not grant permission to use Babel3 trademarks (Apache 2.0, Section 6). You may not use Babel3 trademarks in a way that suggests endorsement, affiliation, or sponsorship without our written permission.
You may make truthful factual statements such as "compatible with Babel3" or "built on Babel3 open-source components."
The Babel3 daemon, browser, and GPU worker are licensed under Apache 2.0. Your rights to these components are governed by that license, not by these Terms. In the event of a conflict between the Apache 2.0 license and these Terms regarding your use of open-source components, the Apache 2.0 license controls.
The babel3.com server software is proprietary. No license is granted to use, copy, modify, or distribute the server code.
If you provide feedback, suggestions, or ideas about the Service, you grant Babel3 a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
Your use of the Service is also governed by our Privacy Policy, which describes what data we collect, how we use it, and your rights. Key points relevant to these Terms:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by applicable law, Babel3 disclaims all warranties, including but not limited to:
No SLA. Babel3 does not guarantee any specific uptime, latency, or performance level. [DECISION: Add SLA later? If so, it would be a separate document that supersedes this disclaimer for paying customers.]
We do not warrant that the Service will meet your requirements or that defects will be corrected. You use the Service at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABEL3'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
(a) THE TOTAL FEES YOU PAID TO BABEL3 IN THE 12 MONTHS PRECEDING THE CLAIM, OR
(b) ONE HUNDRED U.S. DOLLARS ($100).
IN NO EVENT SHALL BABEL3 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to:
This exclusion applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Babel3 has been advised of the possibility of such damages.
The limitations in Sections 12.1 and 12.2 do not apply to:
Babel3 has no liability whatsoever for damages arising from your use of third-party GPU workers or third-party browser forks. Third-party components are provided by their respective operators and authors. Your sole recourse is against the third party, not Babel3.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, the limitations above apply to the maximum extent permitted by law.
These Terms are effective when you create an account and continue until terminated by either party.
You may terminate your account at any time through the dashboard or by emailing [email protected]. Termination takes effect at the end of your current billing period. Unused credits are not refunded (subject to the EU cooling-off right in Section 8.4).
We may terminate or suspend your account:
| Grounds | Notice | Effective |
|---|---|---|
| Acceptable Use Policy violation | None required | Immediately |
| Illegal activity | None required | Immediately |
| Security threat to the Service or other users | None required | Immediately |
| Material breach of these Terms | 10 days to cure | After cure period |
| Non-payment (after grace period) | Per Section 8.5 | Day 15 |
| Convenience (no cause) | 30 days | After notice period |
Upon termination:
Before terminating your account, you are responsible for exporting any data you wish to retain. In self-hosted mode, your data already lives on your machine. In hosted mode, use the export functionality in the dashboard to download your workspace files before termination. [DECISION: Is there an export feature? If not, document that hosted data should be saved manually before termination.]
You agree to indemnify, defend, and hold harmless Babel3, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
If you are a consumer in the EEA, this indemnification obligation applies only to the extent the claim arises from your intentional misconduct or negligence.
If you believe that content hosted on Babel3 infringes your copyright, you may submit a DMCA takedown notice to our designated agent:
Your notice must include: (1) identification of the copyrighted work, (2) identification of the infringing material and its location, (3) your contact information, (4) a statement of good-faith belief, (5) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner, and (6) your physical or electronic signature.
If your content is removed and you believe the removal was a mistake, you may submit a counter-notification with the information required under 17 U.S.C. Section 512(g).
We will terminate accounts of repeat copyright infringers in appropriate circumstances.
Before initiating any formal dispute proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.
If we cannot resolve the dispute informally, you and Babel3 agree to resolve all disputes through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as modified by this Section.
Key terms:
| Provision | Detail |
|---|---|
| Administrator | American Arbitration Association (AAA) |
| Rules | AAA Commercial Arbitration Rules |
| Location | Minnesota (or remotely, at the arbitrator's discretion) |
| Arbitrator | One neutral arbitrator |
| Language | English |
| Confidentiality | Proceedings and any award are confidential |
| Award | The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction |
Either party may bring an individual action in small claims court in Hennepin County, Minnesota (or the county where you reside, if in the United States) if the claim qualifies. If the claim is removed or transferred from small claims court, the arbitration agreement applies.
YOU AND BABEL3 AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement in its entirety shall be void (but the rest of these Terms remain in effect).
You may opt out of the arbitration agreement by sending written notice to [email protected] within 30 days of creating your account. The notice must include your name, agent name, email address, and a clear statement that you opt out of arbitration. If you opt out, disputes will be resolved in court per Section 17.
For claims under $10,000, Babel3 will pay all AAA filing and arbitrator fees. For claims over $10,000, fees are allocated per AAA rules. Regardless of amount, Babel3 will not seek attorneys' fees from you in arbitration unless the arbitrator determines your claim was frivolous.
These Terms are governed by the laws of the State of Minnesota, without regard to conflict of laws principles.
If you opt out of arbitration (per Section 16.5) or if the arbitration agreement is found unenforceable, the exclusive jurisdiction and venue for any disputes shall be the state and federal courts located in Hennepin County, Minnesota. You consent to personal jurisdiction in those courts.
If you are a consumer in the European Economic Area or the United Kingdom, nothing in these Terms limits your rights under mandatory consumer protection laws in your jurisdiction, including:
Your data may be transferred to and processed in the United States. For EEA users, we rely on Standard Contractual Clauses (SCCs) as the legal mechanism for international data transfers. See our Privacy Policy for details.
In jurisdictions where the age of digital consent is higher than 16 (e.g., South Korea: 14 with parental consent), the local age requirement applies. You are responsible for complying with the age requirements in your jurisdiction.
These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other documents incorporated by reference, constitute the entire agreement between you and Babel3 regarding the Service.
If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
You may not assign your rights under these Terms without our written consent. Babel3 may assign its rights in connection with a merger, acquisition, or sale of all or substantially all of its assets. In such event, you will be notified.
We may send notices to the email address associated with your account. Notices to Babel3 must be sent to [email protected].
Babel3 is not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government action, power failure, internet disruption, or third-party service outages.
Section headings are for convenience only and do not affect interpretation.
We may update these Terms from time to time. For material changes:
If you do not agree to the updated Terms, you may terminate your account before the changes take effect.