Terms of Service

These Terms of Service ("Terms") are a binding agreement between Backpack Works LLC ("Backpack Works," "we," "us," or "our") and the individual or entity that accesses or uses our services ("you" or "Customer"). By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization.

If you do not agree to these Terms, do not use the Services.

1. Definitions

• Services — the Backpack OS platform, the backpack.works website, related applications and integrations (including the Backpack OS Webflow app), APIs, and any professional services we provide.
• Customer Content — data, content, sites, code, brand assets, and other materials you upload to, generate with, or connect to the Services.
• Order — a subscription plan selection, order form, or statement of work that references these Terms.
• Third-Party Services — services you connect to the Services (e.g., Webflow, Google, HubSpot, Stripe, or a CMS).

2. The Services and accounts

You must create an account to use most of the Services and provide accurate information. You are responsible for your account, your users, and all activity under your account, and for keeping credentials secure. You must be at least 18 and able to form a binding contract. We may update, improve, or modify the Services over time.

3. Plans, fees, and payment

Paid Services are billed according to the plan or Order you select (e.g., monthly or annual). Unless stated otherwise:

• Fees are charged in advance and are non-refundable except as required by law or expressly stated in an Order.
• Subscriptions renew automatically for the same term until cancelled; you may cancel effective at the end of the current term.
• We may change pricing on renewal with prior notice.
• Payments are processed by our payment processor (Stripe); you authorize charges to your payment method. You are responsible for taxes other than our income taxes.
• Fees are exclusive of usage-based limits described for AI or other metered features; overage or plan limits may apply.

Late or failed payments may result in suspension.

4. Customer Content and license

As between the parties, you own your Customer Content. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Content solely to provide, secure, and improve the Services and as you direct (including pushing changes to Third-Party Services you connect). You are responsible for your Customer Content and for having the rights to use it.

Where we process personal data on your behalf, our Privacy Policy and, where applicable, a Data Processing Agreement apply.

5. Acceptable use

You agree not to, and not to allow others to:

• use the Services unlawfully or to infringe others' rights;
• upload malware, attempt to breach security, probe, or disrupt the Services;
• reverse engineer, resell, or provide the Services to third parties except as permitted;
• exceed rate limits or interfere with other customers' use;
• use the Services to generate or distribute unlawful, deceptive, or harmful content, or to build a competing product from our confidential information.

We may suspend accounts that violate this section or pose a security or legal risk.

6. Third-Party Services

The Services let you connect Third-Party Services under credentials or OAuth scopes you authorize. Your use of Third-Party Services is governed by their terms, and we are not responsible for them. We access only the data those scopes permit, and disconnecting revokes our access. You are responsible for maintaining your own accounts with those providers.

7. AI features

The Services include AI-assisted generation. Output may be inaccurate or incomplete; you are responsible for reviewing it before use, and AI-proposed changes to a live site require human review and publishing. You retain rights in your inputs and, as between the parties, in Output, subject to these Terms and third-party model terms. You will not use AI features to violate Section 5.

8. Intellectual property; feedback

We and our licensors own the Services and all related intellectual property. Except for the limited right to use the Services under these Terms, no rights are granted to you. If you give us feedback or suggestions, we may use them without restriction or obligation.

9. Confidentiality

Each party may access the other's confidential information and will protect it using reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know and are bound by similar obligations. This does not apply to information that is public, independently developed, or rightfully obtained without confidentiality obligations.

10. Term, suspension, and termination

These Terms apply while you use the Services. Either party may terminate for material breach not cured within 30 days of notice. We may suspend or terminate immediately for non-payment, security risk, legal requirement, or serious violations of Section 5. On termination, your right to use the Services ends and you may export Customer Content for a reasonable period, after which we may delete it. Sections that by nature should survive (including 4, 8, 9, 11–14) survive.

11. Warranties and disclaimers

You represent that you have the rights to your Customer Content and will comply with applicable law. Except as expressly stated, the Services are provided "AS IS" and "AS AVAILABLE," and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Services will be uninterrupted, error-free, or secure.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to us for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or a party's indemnification obligations, or to liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify Backpack Works against third-party claims arising from your Customer Content, your use of the Services in violation of these Terms, or your violation of law or third-party rights. We will defend and indemnify you against third-party claims that the Services, as provided by us, infringe that third party's intellectual property, subject to customary conditions and exclusions.

14. Governing law and disputes

These Terms are governed by the laws of [State], without regard to conflict-of- law rules. The parties will attempt to resolve disputes informally first. [Any dispute not resolved will be settled by binding arbitration administered by [arbitration provider] in [venue], and each party waives participation in class actions] — OR — [the state and federal courts located in [venue] have exclusive jurisdiction]. (Choose one and have counsel confirm.)

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted here with a new "Last updated" date and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.

16. Publicity

We may identify you as a customer and use your name and logo in customer lists and marketing, subject to your reasonable trademark guidelines. You may opt out by contacting us.

17. Beta and preview features

We may offer features labeled beta, preview, or experimental. These are provided "AS IS," may change or be discontinued, and are excluded from any service commitments.

18. Miscellaneous

These Terms (with any Order and referenced policies) are the entire agreement between the parties and supersede prior agreements on the subject. If any provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. No waiver is effective unless in writing. Notices will be sent to the contact on file or as otherwise designated.

19. Contact

Backpack Works LLC Email: hello@backpack.works

Trust Center: https://security.backpack.works