These Terms of Service (the “Terms”) are effective as of 12/4/2025.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Prism AI, Inc. d/b/a Bigspin (“Bigspin,” “we,” “us,” or “our”), governing your access to and use of the Bigspin website, dashboard, and any related media, mobile applications, or developer services that link to these Terms (collectively, the “Site”).
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.
Access to the Bigspin platform and services is generally provided under a separate written agreement (e.g., a Master Subscription Agreement and/or Order Form) between Bigspin and your organization (an “Enterprise Agreement”). If there is any conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement controls with respect to the services provided to that organization. These Terms govern use of any public Site pages and any access not expressly covered by an Enterprise Agreement.
We may update these Terms from time to time in our sole discretion. We will update the “Last updated” date above when changes are made. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
The Site is intended for users who are at least 18 years old. Access may be limited if prohibited by applicable law. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
The Site, including all software, source code, databases, functionality, text, graphics, and design (collectively, “Content”), and all trademarks, service marks, and logos (“Marks”) are owned by or licensed to Bigspin and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for its intended purpose. Except as expressly permitted, you may not copy, modify, distribute, create derivative works of, publicly display, or exploit the Content or Marks.
You agree not to misuse the Site. For example, you will not: (a) violate any law; (b) infringe intellectual property or privacy rights; (c) attempt to gain unauthorized access to systems or data; (d) interfere with or disrupt the Site or its security; (e) use any automated means to access the Site other than documented APIs; or (f) upload malware or harmful code. Additional acceptable use terms may apply under your Enterprise Agreement.
If you create an account, you must maintain accurate information and keep your credentials confidential. You are responsible for all activities under your account. We may suspend or terminate access for suspected breach of these Terms or applicable law.
“Customer Data” means data, content, files, prompts, examples, annotations, model inputs/outputs, or other information that you or your organization submits to the Bigspin platform (including for evaluation, scoring, or prompt optimization). As between you and Bigspin, you retain all right, title, and interest in and to Customer Data. We do not claim ownership of Customer Data.
We will access, process, and use Customer Data only to provide and improve the services in accordance with these Terms, our Privacy Policy, and any applicable Enterprise Agreement and/or Data Processing Addendum (“DPA”). We treat Customer Data as confidential and protect it in accordance with our information security program described below. We do not use Customer Data to train foundation models except as expressly permitted in an Enterprise Agreement or with your documented instructions.
Upon termination or expiration of the applicable Enterprise Agreement, and upon written request, Prism AI will delete or return all Customer Data within thirty (30) days, except where retention is required by law or permitted under the Enterprise Agreement for legitimate business or archival purposes. Residual copies on backup systems will be securely overwritten in accordance with our SOC-2 aligned data retention and disposal policy.
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose information. Where required by law, or as agreed in an Enterprise Agreement, a DPA is available upon request at legal@bigspin.ai.
Regulated Data. Unless expressly agreed in writing, the Site is not designed for processing protected health information (as defined by HIPAA), payment card data (as defined by PCI DSS), or similarly regulated data. If your use cases involve such data, you must have an Enterprise Agreement that expressly permits it and sets applicable controls.
Bigspin maintains an information security program designed to protect the confidentiality, integrity, and availability of Customer Data and to align with SOC 2 requirements. Controls include risk management, access controls, encryption in transit and at rest (as applicable), vulnerability management, logging/monitoring, and incident response. Prism AI will make its then-current SOC-2 Type II report or equivalent security assessment documentation available to Customers under a mutually executed non-disclosure agreement. In the event of any unauthorized access to Customer Data resulting in a security incident, Prism AI will notify the affected Customer without undue delay after becoming aware of the incident, in accordance with our incident response procedures and any applicable Data Processing Addendum or Enterprise Agreement.
We may modify, suspend, or discontinue features or access to the Site. We endeavor to maintain reasonable availability, but the Site may be unavailable due to planned maintenance or unplanned outages. Service commitments (if any) are set forth in the applicable Enterprise Agreement. Prism AI will use commercially reasonable efforts to maintain availability of the Services, excluding periods of planned maintenance, emergency maintenance, or events beyond Prism AI’s reasonable control.
Prism AI engages certain third-party service providers (“Subprocessors”) to support delivery of the Services, including cloud hosting, authentication, analytics, and optional model providers. Prism AI conducts security and compliance due diligence on all Subprocessors and requires each to adhere to confidentiality and data protection obligations consistent with Prism AI’s SOC-2 aligned security program. A current list of Subprocessors is available upon request or may be made available via Prism AI’s trust documentation.
You may provide ideas, suggestions, or feedback regarding the Site (“Feedback”). We may use Feedback without restriction or compensation.
The Site may reference or interoperate with third-party services or models. Your use of third-party offerings is subject to their terms and policies. We are not responsible for third-party offerings unless expressly stated in an Enterprise Agreement.
We do not accept direct payments through the public Site. Pricing, payment terms, and service levels (if applicable) are governed by your Enterprise Agreement.
These Terms apply while you access or use the Site. We may suspend or terminate access at any time for suspected violation of these Terms or applicable law. Termination rights for subscribed services (if any) are governed by your Enterprise Agreement.
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL BE ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIGSPIN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You will defend, indemnify, and hold harmless Bigspin and its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or misuse of the Site.
You consent to receive communications electronically and agree that electronic agreements, notices, and records satisfy legal requirements for written communications and signatures.
Before initiating formal proceedings, the parties will attempt to resolve disputes informally for at least 60 days after written notice.
If not resolved informally, disputes will be finally resolved by binding arbitration under the Commercial Rules of the American Arbitration Association (“AAA”). Unless otherwise agreed, arbitration will be conducted remotely or in San Francisco, California. Either party may seek provisional relief in court to protect its rights. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED.
Either party may bring claims regarding intellectual property rights, unauthorized use, or injunctive relief in court.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to the arbitration provision, exclusive venue lies in the state and federal courts located in San Francisco County, California, and the parties consent to personal jurisdiction there.
For questions about these Terms, our security program, or to request a DPA, contact:
Email: legal@bigspin.ai
These Terms may be updated from time to time. Last updated: 12/4/2025
