Terms of Service

Terms & Conditions Last updated: August 12, 2026

For our Privacy Policy, please visit the linked page.

These Terms of Service (the "Terms") are a legally binding agreement between FLYX Entertainment Inc., which does business under names including Bakstage.AI, Bakstage, STAGE.AI, and FLYX ("Bakstage," "Company," "we," "us," or "our") and the person or entity that accesses or uses the Services ("Customer," "you," or "your").

By accessing or using the Services, creating an account, accepting an Order Form that references these Terms, or otherwise indicating acceptance, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

1. Scope and Order of Precedence

These Terms govern access to Bakstage's websites, software-as-a-service platform, dashboards, embedded widgets, APIs, AI agents and workflows, voice and video features, chat, scheduling, analytics, integrations, and related products and services (collectively, the "Services").

If you and Bakstage have entered into an order form, master services agreement, enterprise agreement, data processing addendum, business associate agreement, statement of work, service level agreement, or other signed agreement (each, an "Order Document"), the Order Document is incorporated into these Terms. If there is a direct conflict, the Order Document controls for the subject matter of that conflict.

2. Eligibility and Business Accounts

The Services are primarily intended for business and professional use. You must be at least 18 years old or the age of legal majority in your jurisdiction to create a direct commercial Bakstage account.

You are responsible for:

• providing accurate account and billing information;
• maintaining the confidentiality of account credentials and API keys;
• controlling which personnel and contractors are authorized to use your account;
• all activity occurring under your account or credentials, except to the extent caused by Bakstage's breach of its obligations; and
• promptly notifying Bakstage of suspected unauthorized access or compromise.

3. Description of the Services

Bakstage.AI is a SaaS platform for customer engagement, communications, workflow automation, and revenue or service intelligence. Depending on the subscribed features, the Services may include:

• AI chat and conversational agents;
• Voice AI, voice calls, and transcription;
• one-to-one or other live-video communication;
• human-agent collaboration and human-in-the-loop workflows;
• appointment or meeting scheduling;
• messaging and notification functionality;
• dashboards, analytics, attribution, and interaction history;
• AI-assisted classification, summarization, intent detection, recommendations, and suggested next actions;
• APIs, webhooks, and third-party integrations; and
• related administrative, security, and support tools.

Features may change over time. Specific features, usage allowances, support commitments, and service levels are determined by the applicable plan or Order Document.

4. Customer Responsibilities and Authorized Users

You may permit employees, contractors, agents, and other authorized users to access the Services on your behalf. You are responsible for their compliance with these Terms.

You are also responsible for:

• determining the lawful basis for collecting and using data submitted to the Services;
• providing legally required notices and obtaining required permissions or consents from end users;
• configuring the Services, permissions, retention, integrations, and messaging programs appropriately;
• ensuring that Customer Content does not violate law, third-party rights, or these Terms; and
• using AI-generated information with appropriate human review where circumstances require it.

5. Orders, Subscriptions, Fees, and Taxes

Subscription terms, fees, usage limits, billing frequency, minimum commitments, overage charges, renewal terms, and cancellation rights are stated in the applicable plan, checkout flow, or Order Document.

Unless an Order Document states otherwise:

• fees are due as invoiced and are non-refundable except where required by law;
• usage above included limits may be billed at then-current or agreed overage rates;
• you are responsible for applicable sales, use, value-added, withholding, or similar taxes, excluding taxes based on Bakstage's net income; and
• failure to pay undisputed amounts when due may result in suspension after reasonable notice.

Bakstage may update publicly listed pricing for future subscription periods. Changes to committed enterprise pricing are governed by the applicable Order Document.

6. Customer Data, Customer Content, and Ownership

"Customer Content" means data, text, prompts, messages, files, audio, video, recordings, transcripts, images, contact information, CRM data, interaction data, and other content submitted to, connected to, or generated through the Services by or for Customer, excluding Bakstage technology and system-generated operational telemetry that does not constitute Customer Content.

As between Bakstage and Customer:

• Customer retains its ownership rights in Customer Content;
• Bakstage does not acquire ownership of Customer's pre-existing intellectual property merely because it is processed through the Services; and
• Customer grants Bakstage a limited, worldwide, non-exclusive right to host, copy, transmit, transform, display, and otherwise process Customer Content only as reasonably necessary to provide, support, secure, maintain, and improve the Services for Customer in accordance with these Terms, the Privacy Policy, applicable Order Documents, and Customer instructions.

AI Outputs

To the extent permitted by applicable law and subject to third-party rights, as between Bakstage and Customer, Customer may use and own outputs generated for Customer through the Services. Bakstage does not claim ownership of Customer-specific AI outputs merely because Bakstage technology helped generate them.

AI outputs may not be unique, and other users may receive similar or identical outputs. Rights in outputs may also be affected by applicable law, the rights of third parties, and terms applicable to third-party AI models or integrated services.

Bakstage Technology

Bakstage and its licensors retain all right, title, and interest in the Services, software, models, orchestration logic, interfaces, APIs, workflows, documentation, designs, trademarks, know-how, improvements, and other Bakstage technology, excluding Customer Content and Customer-owned materials.

7. AI Features, Model Processing, and Human Review

The Services may use Bakstage-developed technology and third-party artificial-intelligence or machine-learning providers to process Customer Content and generate outputs.

You acknowledge that:

• AI outputs are probabilistic and may be inaccurate, incomplete, biased, or inappropriate;
• outputs should be reviewed by a qualified person when accuracy or context matters;
• Bakstage does not guarantee that AI-generated outputs will be unique, error-free, or suitable for a particular purpose;
• you are responsible for decisions and actions taken based on AI outputs; and
• you must not use the Services to make unlawful automated decisions or to avoid legally required human oversight, notice, consent, explanation, access, opt-out, appeal, impact-assessment, or review requirements.

Bakstage does not use Customer Content or end-user personal information to train generalized AI or machine-learning models for unrelated customers unless Customer expressly opts in or separately agrees in writing. Bakstage may use aggregated or de-identified service telemetry to improve performance, security, reliability, and product quality where the information cannot reasonably identify an individual or Customer.

Data received through Google Workspace APIs or Microsoft 365 APIs is not used to develop, improve, or train generalized AI or machine-learning models.

8. Healthcare and Other Regulated Uses

Bakstage may support customers in healthcare and other regulated industries, but the Services are not themselves medical, legal, financial, insurance, or other professional advice.

You may submit Protected Health Information (PHI) to the Services only if Bakstage and the applicable customer have executed a Business Associate Agreement (BAA) covering that use and the relevant Services are configured for the permitted workflow. If no applicable BAA is in effect, you must not submit PHI to Bakstage.

Unless otherwise agreed in an Order Document, Customer is responsible for determining whether its use of the Services is subject to HIPAA, GLBA, GDPR, UK GDPR, CCPA/CPRA, other privacy laws, consumer-protection laws, accessibility requirements, AI or automated-decision rules, industry-specific regulations, professional obligations, or other legal requirements, and for configuring and using the Services accordingly.

9. Voice, Video, Recording, and Transcription

Where enabled, the Services may facilitate voice calls, live video, audio/video recording, transcription, and related analytics.

Customer is responsible for:

• providing any legally required recording or monitoring notices;
• obtaining any consent required under federal, state, local, or international wiretap, call-recording, biometric, privacy, or communications laws;
• ensuring that users know when AI, recording, transcription, or human monitoring is involved where required by law; and
• configuring recording and retention settings consistently with Customer's legal obligations and policies.

Bakstage may provide technical indicators, controls, or disclosures, but those features do not transfer Customer's compliance responsibilities unless an Order Document expressly states otherwise.

10. SMS/MMS Messaging Terms

This section applies to text messaging sent by Bakstage or through enabled Bakstage messaging functionality.

Bakstage's Own Messaging Program

If you opt in to receive SMS or MMS messages directly from Bakstage:

• messages may include service notifications, customer-support communications, reminders, account-related information, product updates, or marketing messages consistent with the consent you provided;
• message frequency varies;
• message and data rates may apply;
• reply STOP to unsubscribe;
• reply HELP for assistance; and
• consent to receive marketing text messages is not a condition of purchasing or using Bakstage products or services.

Where required, marketing consent is collected separately from informational or transactional messaging consent.

We do not share, sell, rent, or provide mobile phone numbers, SMS/MMS opt-in information, or messaging consent data to third parties or affiliates for marketing or promotional purposes. Communications vendors may process such information solely to deliver, route, support, secure, or comply with the messaging service.

Customer Messaging Programs

If Customer uses Bakstage to send messages to Customer's own end users, Customer is the sender responsible for its messaging program and must:

• send messages only to recipients for whom Customer has valid, brand-specific consent or another lawful basis applicable to the message type;
• maintain records of consent and opt-out requests;
• clearly identify the sender and describe the type and expected frequency of messages at the point of consent;
• provide required disclosures, including "message and data rates may apply" and opt-out instructions;
• honor STOP, revocation, and other opt-out requests promptly;
• keep marketing consent separate from informational or transactional consent where required;
• not use purchased, rented, scraped, or improperly transferred consent lists;
• not use the Services for prohibited third-party lead generation, affiliate marketing, unlawful spam, or messaging on behalf of an unrelated brand without required registration and consent; and
• comply with applicable carrier rules, A2P 10DLC requirements, TCPA requirements, and other messaging laws and industry standards.

Bakstage may block, throttle, or suspend messaging functionality when reasonably necessary to address suspected non-compliance, carrier requirements, abuse, or risk to the Services or other customers.

11. APIs, Integrations, and Connected Services

If you use Bakstage APIs, SDKs, webhooks, or integration features, you must:

• comply with applicable documentation, authentication requirements, and rate limits;
• protect API keys, secrets, tokens, and credentials;
• not circumvent usage controls or security restrictions;
• not resell or expose Bakstage APIs as a standalone competing service unless expressly authorized; and
• use connected third-party services in accordance with their applicable terms and policies.

Third-party integrations may be modified, suspended, or discontinued by their providers. Bakstage is not responsible for third-party service availability or changes outside Bakstage's reasonable control.

Use of Google, Microsoft, YouTube, or other connected data is also subject to the applicable provider's terms, policies, and authorization scopes.

12. Privacy, Data Processing, and Subprocessors

Bakstage processes personal information as described in the Privacy Policy.

For purposes of these Terms, "Data Protection Laws" means privacy, data-protection, and data-security laws applicable to a party's processing under the Services, which may include, where applicable, the EU General Data Protection Regulation (GDPR), the United Kingdom GDPR (UK GDPR), the Swiss Federal Act on Data Protection, the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), and other applicable U.S. state, national, or regional privacy laws.

Roles of the Parties

For personal information that Customer submits to or makes available through the Services for processing on Customer's behalf:

• Customer generally acts as the controller, business, or equivalent responsible entity;
• Bakstage generally acts as the processor, service provider, contractor, or equivalent entity; and
• Bakstage will process such personal information to provide, support, secure, and maintain the Services, in accordance with Customer's documented instructions, these Terms, applicable Order Documents, and Data Protection Laws.

Bakstage may act as an independent controller or business for limited information that Bakstage determines the purposes and means of processing, such as direct account administration, billing, fraud prevention, security, legal compliance, and Bakstage's direct business relationships, as described in the Privacy Policy.

Customer Compliance Responsibilities

Customer is responsible for:

• establishing an appropriate legal basis for Customer's processing;
• providing legally required privacy notices and obtaining legally required consent or authorization;
• honoring applicable privacy rights and opt-out requests;
• determining whether Customer's use of AI, profiling, automated decision-making, recordings, communications, or sensitive data requires additional notices, consents, impact assessments, or safeguards;
• not instructing Bakstage to process personal information in a manner that violates applicable Data Protection Laws; and
• entering into any additional DPA, BAA, or other regulated-data agreement required for Customer's use case.

Data Processing Addendum

Where required, the parties may enter into a Data Processing Addendum (DPA) addressing matters such as processing instructions, confidentiality, security, subprocessors, assistance with individual rights, security incidents, deletion or return of data, audits or information rights, data-protection impact assessments, and international transfers.

If a signed DPA, BAA, or other data-protection agreement conflicts with these Terms regarding regulated personal information, the signed agreement controls for that information.

Subprocessors and International Transfers

Customer authorizes Bakstage to use subprocessors to provide the Services, subject to applicable contractual and legal requirements. A current subprocessor list may be available at our Data Sub-Processors page or another location designated by Bakstage.

Where Data Protection Laws require a lawful transfer mechanism for international transfers, the applicable DPA may incorporate the European Commission's Standard Contractual Clauses, the UK International Data Transfer Addendum or other approved UK mechanism, or another lawful safeguard.

Nothing in these Terms represents that every privacy law applies to Bakstage or Customer in every circumstance. Each law applies only to the extent its jurisdictional and substantive requirements are met.

13. Security

Bakstage maintains administrative, technical, and organizational safeguards designed to protect the Services and Customer Content. Customer remains responsible for its own endpoint security, user access, password practices, API credentials, configuration, and security of systems connected to Bakstage.

You must not:

• attempt to bypass authentication, authorization, access controls, or security measures;
• conduct vulnerability scans, penetration testing, or security testing without Bakstage's written authorization, except where an Order Document expressly permits it;
• use compromised credentials or share credentials with unauthorized persons; or
• interfere with the integrity or availability of the Services.

14. Acceptable Use

You may not use the Services to:

• violate applicable law or the rights of another person;
• transmit malware, harmful code, or content designed to disrupt systems;
• engage in fraud, impersonation, phishing, harassment, unlawful discrimination, or deceptive practices;
• send unlawful spam or communications without required consent;
• infringe intellectual-property, privacy, publicity, confidentiality, or other rights;
• collect, upload, or process data you do not have the right to use;
• circumvent usage limits, rate limits, safety controls, or access restrictions;
• scrape or systematically extract the Services, models, prompts, system instructions, or proprietary datasets except through documented and authorized interfaces;
• reverse engineer or attempt to derive source code, model weights, or non-public algorithms except to the limited extent such restriction is prohibited by law; or
• use the Services in a way that creates material risk to persons, systems, Bakstage, other customers, telecommunications networks, or third-party providers.

Bakstage may investigate suspected violations and may suspend or restrict access where reasonably necessary to prevent harm or non-compliance.

15. Confidentiality

Each party may receive non-public information from the other that is identified as confidential or that reasonably should be understood to be confidential ("Confidential Information").

The receiving party will use Confidential Information only to perform or exercise rights under the parties' relationship and will protect it using at least reasonable care. The receiving party may disclose Confidential Information to personnel, contractors, professional advisers, and subprocessors who need to know it and are subject to confidentiality obligations.

Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed without use of the other party's Confidential Information, lawfully received from a third party without confidentiality duty, or publicly available through no breach.

A party may disclose Confidential Information when legally required, provided it gives advance notice where lawful and reasonably cooperates with efforts to seek confidential treatment.

16. Intellectual Property and Feedback

Except for Customer Content and rights expressly granted in an Order Document, Bakstage and its licensors own all rights in the Services and related technology.

If you provide suggestions, ideas, or feedback about the Services, you grant Bakstage a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or obligation, provided Bakstage does not identify you publicly as the source without permission.

You may use Bakstage names, logos, or trademarks only as expressly authorized. Bakstage will not use a customer's name, logo, testimonial, or quote in public marketing unless permitted by the applicable agreement or with the customer's authorization.

17. Third-Party Services

The Services may interoperate with third-party products or contain links to third-party websites. Your use of third-party services is governed by the third party's terms and privacy practices. Bakstage is not responsible for third-party products, content, policies, acts, omissions, or availability, except to the extent expressly stated in an Order Document.

18. Service Availability, Changes, and Support

Bakstage may update, improve, modify, or replace features over time. We will not materially reduce committed paid functionality during a current subscription term without commercially reasonable justification, except where required for security, legal compliance, third-party platform changes, or to prevent harm.

Unless an Order Document includes a service level agreement, the Services are provided without a specific uptime commitment. Scheduled maintenance, emergency maintenance, Internet failures, telecommunications failures, third-party outages, force majeure events, and customer systems may affect availability.

Support level and response commitments, if any, are determined by the applicable subscription plan or Order Document.

19. Beta, Preview, and Experimental Features

Features identified as beta, preview, experimental, early access, or similar may be changed or discontinued at any time and may be less reliable than generally available features. Unless otherwise agreed, beta features are provided "as is" without service-level commitments and should not be used for high-risk or mission-critical workflows without appropriate safeguards.

20. Suspension and Termination

You may stop using the Services at any time, subject to any subscription commitments or Order Document.

Bakstage may suspend or terminate access if:

• you materially breach these Terms or an Order Document and fail to cure the breach within any applicable cure period;
• payment of undisputed amounts is materially overdue;
• continued use creates a security, legal, regulatory, carrier, third-party platform, or abuse risk;
• suspension is required by law or a provider on which the Services depend; or
• immediate action is reasonably necessary to prevent harm.

Where reasonably practicable, Bakstage will provide notice and an opportunity to cure before suspension for a remediable breach.

Upon termination, rights to use the Services end. Provisions that by their nature should survive—including ownership, payment obligations, confidentiality, disclaimers, limitations of liability, indemnification, dispute terms, and accrued rights—will survive.

21. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR EXPRESS WARRANTIES IN AN APPLICABLE ORDER DOCUMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BAKSTAGE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BAKSTAGE DOES NOT WARRANT THAT THE SERVICES OR AI OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR ACCURATE, OR THAT THEY WILL MEET EVERY CUSTOMER REQUIREMENT. CUSTOMER IS RESPONSIBLE FOR APPROPRIATE BACKUP, BUSINESS-CONTINUITY, HUMAN-REVIEW, AND VALIDATION PRACTICES FOR ITS USE CASE.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED, BAKSTAGE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO BAKSTAGE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF YOU USE ONLY FREE SERVICES, BAKSTAGE'S AGGREGATE LIABILITY WILL NOT EXCEED US$100.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law or is superseded by an Order Document.

23. Indemnification

To the extent permitted by law, Customer will defend, indemnify, and hold harmless Bakstage and its officers, directors, employees, and affiliates from third-party claims, damages, fines, penalties, costs, and reasonable attorneys' fees arising from:

• Customer Content or Customer's instructions to process that content;
• Customer's or its authorized users' unlawful or unauthorized use of the Services;
• Customer's violation of applicable messaging, recording, privacy, consumer-protection, intellectual-property, or other laws; or
• Customer's material breach of these Terms.

Bakstage will provide reasonable notice of an indemnified claim and reasonable cooperation. Customer may not settle a claim in a manner that admits Bakstage wrongdoing or imposes a non-monetary obligation on Bakstage without Bakstage's written consent.

Any different or mutual indemnification obligations in an Order Document control over this section.

24. Governing Law and Disputes

Unless an Order Document states otherwise, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

Before filing a lawsuit, each party agrees to make a good-faith effort to resolve the dispute informally. If the dispute is not resolved, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, Confidential Information, security, or data.

25. Export and Sanctions Compliance

You may not use or access the Services in violation of applicable export-control, sanctions, or trade laws. You represent that you are not prohibited from receiving the Services under applicable law.

26. Changes to These Terms

Bakstage may update these Terms from time to time. We will update the "Last updated" date when we do. Material changes will apply prospectively and, where required, we will provide reasonable notice. Changes to an executed Order Document require the process stated in that Order Document.

27. General

These Terms and applicable Order Documents constitute the agreement between the parties regarding the Services and supersede prior agreements on the same subject, except as expressly preserved in an Order Document.

Neither party is the other's agent, partner, joint venturer, or employee. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remainder will remain in effect and the provision will be enforced to the maximum lawful extent. Customer may not assign these Terms without Bakstage's consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the assignee is not a direct competitor and assumes the obligations. Bakstage may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, or sale of assets.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

28. Contact

Questions about these Terms may be sent to:

FLYX Entertainment Inc. d/b/a Bakstage.AI, Bakstage, STAGE.AI, and FLYX 25 Hazelwood Ave Livingston, NJ 07039 United States Email: shashank@bakstage.ai

Privacy questions should be sent to privacy@bakstage.ai.