Terms of service

1. Agreement, contracting party, and authority

These Terms govern access to BayStore websites, public documentation, sales intake, customer accounts, checkout, subscriptions, product-instance services, operator-assisted workflows, support, and related online or offline services. "BayStore," "we," "us," or "our" means BayStore, with its principal place of business at 1455 3rd Street, San Francisco, CA 94158, USA. Where an order form, checkout record, statement of work, or master services agreement names a specific BayStore contracting entity, that entity is the contracting party for that agreement. If no separate agreement applies, these Terms govern the Services.

If you use BayStore on behalf of a company or other organization, you represent that you have authority to bind that organization. If an executed order form or master services agreement conflicts with these Terms, the executed agreement controls for the conflicting subject matter.

2. Definitions

Services means BayStore websites, applications, APIs, documentation, checkout, customer account surfaces, product-instance services, support, and operational workflows. Customer Data means data, configuration, content, files, credentials, instructions, contact information, and metadata submitted by or for a customer through BayStore. Product Instance means a named, customer-scoped deployment or managed service record for a product such as Orbit or OpenClaw. Berth means a commercial plan, capacity package, or service tier. Order means an order form, checkout record, statement of work, or other approved purchase record. Authorized User means a person or system authorized by customer to access the Services.

3. Services

BayStore provides a commercial and operational surface for named product instances. The Services may include product catalog, order intake, checkout, payment processing, subscription administration, provisioning, access metadata, lifecycle operations, support, audit trails, recovery workflows, customer communications, and documentation. BayStore is not a general infrastructure marketplace, raw cloud resale platform, or unmanaged hosting provider unless a signed agreement expressly says otherwise.

BayStore may use third-party providers for payment, including Stripe, PayPal, or other approved payment processors, and for identity, infrastructure, storage, observability, security, support, email, analytics, and related operations. Product-specific capabilities, berth limits, backup retention, access methods, support scope, maintenance windows, and service-level commitments apply only as stated in the applicable Order or approved service exhibit.

4. Accounts and authorized users

You are responsible for information submitted during signup, sales intake, account provisioning, checkout, support requests, or product-instance configuration. You must keep credentials confidential, use reasonable administrative controls, limit access to Authorized Users, and promptly notify BayStore of suspected unauthorized access. Customer is responsible for Authorized Users' acts and omissions and for removing access when an Authorized User no longer needs the Services.

5. Customer Data and responsibilities

You retain rights to Customer Data. You are responsible for ensuring that Customer Data is lawful, accurate, appropriately licensed, and permitted for processing by BayStore. You must not submit regulated, sensitive, or high-risk data unless the applicable order form, security exhibit, and data-processing terms expressly allow it.

BayStore will handle personal information as described in the Privacy Policy and, where BayStore processes personal data on behalf of a customer, the Data Processing Addendum.

6. Product instances and lifecycle operations

Product Instances are customer-scoped operational records and environments. Customer is responsible for the instructions, configuration, users, content, access decisions, and business use attached to each Product Instance. BayStore may record lifecycle states such as pending, provisioning, active, upgrading, suspended, failed, and deleted, along with operator actions, audit events, access metadata, backup metadata, support activity, payment status, and recovery requests to provide, secure, support, and evidence the Services.

BayStore may provision, suspend, resume, upgrade, recover, retire, or delete Product Instances according to customer instructions, account permissions, Orders, support requests, operational policy, security needs, or legal obligations. Production data return, deletion, backup restoration, and retention obligations are governed by the applicable Order, the Data Processing Addendum, and any security exhibit.

7. Acceptable use

You may not use BayStore to:

• violate law, regulation, sanctions, export controls, or third-party rights;
• attempt to access another customer's data, credentials, product instance, account, or administrative surface;
• probe, scan, overload, disrupt, or bypass BayStore security, isolation, rate-limit, lifecycle, or audit controls;
• upload malware, exploit code, crypto-mining workloads, or content designed to compromise systems;
• send spam, operate abusive automation, or run workloads that materially degrade BayStore or third-party services;
• misrepresent BayStore status, compliance certifications, availability, or production readiness;
• reverse engineer the service except where applicable law expressly permits it.

8. Plans, fees, taxes, payment, and refunds

Plan names, features, prices, currencies, trial terms, billing cadence, usage limits, support markers, and payment providers are governed by the applicable order form or checkout record. Public pricing pages do not override a signed agreement. Unless the applicable Order states otherwise, fees are exclusive of taxes, duties, bank fees, and similar governmental assessments, and Customer is responsible for those amounts other than taxes on BayStore's net income.

Customer authorizes BayStore and its payment processors to charge the designated payment method for fees, renewals, usage-based amounts, taxes, and other charges described in the applicable Order. Fees are due on the schedule stated in the Order or, if none is stated, within thirty (30) days of the invoice date. Unless the Order states otherwise, subscriptions renew automatically for successive terms equal to the prior term unless either party gives notice of non-renewal at least thirty (30) days before the current term ends, and BayStore will provide advance notice of an upcoming renewal where required by law. Except where required by law or expressly stated in an Order, fees are non-refundable and payment obligations are non-cancellable. BayStore may suspend the Services or charge interest on overdue amounts at the lower of 1.5% per month or the maximum rate permitted by law. Customer must raise any good-faith billing dispute within sixty (60) days of the invoice date.

9. Service changes, availability, and support

BayStore may improve, modify, suspend, or discontinue features as the service evolves. Material customer-impacting changes should be communicated through reasonable account channels. Any uptime commitment, service credit, support response time, backup retention, recovery objective, maintenance window, or incident notice obligation must be stated in an approved order form or service-level exhibit.

10. Security and vulnerability reporting

BayStore uses administrative, technical, and organizational measures designed to protect the service, including tenant-isolation boundaries, access controls, audit trails, lifecycle-state tracking, logging, and least-privilege operational access. No system is perfectly secure. You must configure your accounts and authorized users responsibly and report suspected vulnerabilities to [email protected].

11. Confidentiality

Each party may receive non-public information from the other. The receiving party must use reasonable care to protect confidential information, use it only for the relationship described by these Terms or an applicable order, and not disclose it except to representatives, subprocessors, advisors, auditors, insurers, or authorities with a legitimate need and appropriate confidentiality obligations. Confidentiality obligations survive termination for three (3) years, except that information that is a trade secret remains protected for as long as it qualifies as a trade secret under applicable law.

12. Intellectual property and feedback

BayStore and its licensors retain all rights in the service, software, documentation, design system, trademarks, templates, workflows, and operational methods. You retain rights in Customer Data. Feedback may be used by BayStore without restriction or obligation, provided BayStore does not disclose your confidential information in doing so.

13. Third-party services and open-source components

BayStore may interoperate with infrastructure, database, payment, email, observability, support, analytics, authentication, and product providers. Third-party services may be subject to their own terms and privacy notices. BayStore is not responsible for third-party services outside its control, except as required by an approved agreement. Open-source components remain subject to their applicable licenses.

14. Trials, previews, beta features, and sandbox access

Trials, previews, beta features, demos, staging instances, and sandbox access are provided for evaluation unless an approved agreement states otherwise. They may be modified or discontinued, may not include production security or availability commitments, and should not be used for production workloads without written approval.

15. Disclaimers

Except for express commitments in an applicable agreement, THE PUBLIC SITE, DOCUMENTATION, TRIALS, PREVIEWS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAYSTORE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO BAYSTORE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

These limitations do not apply to: (a) amounts owed under an Order; (b) breach of confidentiality obligations; (c) a party's indemnification obligations; (d) Customer's violation of the acceptable-use terms in Section 7; or (e) liability that cannot be limited or excluded under applicable law.

17. Indemnity

BayStore will defend Customer against third-party claims alleging that the Services, as provided by BayStore and used in accordance with these Terms, infringe that third party's intellectual property rights, and will indemnify Customer for amounts finally awarded or agreed in settlement. BayStore has no obligation for claims arising from Customer Data, Customer's configurations or instructions, use of the Services in violation of these Terms or applicable law, or combination of the Services with items not provided by BayStore.

Customer will defend BayStore against third-party claims arising from Customer Data, Customer's use of the Services in violation of these Terms or applicable law, or Customer's products or business, and will indemnify BayStore for amounts finally awarded or agreed in settlement. The party seeking indemnity must promptly notify the other, allow the indemnifying party to control the defense, and provide reasonable cooperation; no settlement imposing a non-monetary obligation or admission on the indemnified party may be entered without its prior written consent.

18. Suspension and termination

BayStore may suspend access if required by law, to protect the service or other customers, for non-payment, for security risk, for suspected abuse, or for material breach. Either party may terminate according to the applicable order form or agreement. Upon termination, BayStore will handle return or deletion of Customer Data according to the approved agreement and the Data Processing Addendum where applicable.

19. Export, sanctions, and compliance

You must comply with applicable export control, sanctions, anti-corruption, procurement, and data protection rules. You may not use BayStore where prohibited by law or where your use would cause BayStore to violate applicable law.

20. Governing law, notices, and disputes

These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts located in San Francisco, California have exclusive jurisdiction over disputes arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue there; either party may still seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Notices to BayStore must be sent to [email protected] and to BayStore, 1455 3rd Street, San Francisco, CA 94158, USA; notices to Customer may be sent to the contact or account email on file. Electronic notices are effective when sent, absent a delivery failure.

21. Changes to these Terms

BayStore may update these Terms by posting a revised version with a new effective date. Material changes will be communicated through reasonable channels where customer accounts are affected. Continued use after the effective date means the updated Terms apply, unless a signed agreement states otherwise.

22. Contact

Questions about these Terms should be sent to [email protected]. Privacy requests should be sent to [email protected]. Security reports should be sent to [email protected]. BayStore's mailing address is 1455 3rd Street, San Francisco, CA 94158, USA.