Terms of service
Last updated: September 28, 2026
These terms cover your use of banyantreelabs.xyz and Banyan, the service Banyan Tree Labs LLC ("we") provides. By using the site or Banyan, you ("you") agree to them. If you use Banyan for an organization, you accept these terms for that organization and confirm you have the authority to do so.
The service
Banyan combines software with our work as your fractional chief technology officer. The software connects to the accounts you choose, builds a private brain of your organization's work, and drafts replies, documents, and reports. Our team sets it up, adds workflows, and keeps it current.
A signed order form or statement of work sets out the scope, fees, and term for each customer. If that document conflicts with these terms, the signed document wins.
Accounts
You must be 18 or older and use Banyan for business. Keep your sign-in secure and tell us at once if someone uses your account without permission. You answer for activity under your account.
Your data
You own your data. You give us permission to store, process, and use it for one purpose: to provide Banyan to you, as our privacy policy describes. That permission ends when you delete your data or close your account.
You confirm you have the right to connect each account and share its contents with Banyan.
Drafts and AI output
Banyan uses AI to write answers and drafts. AI can get things wrong. Banyan writes drafts; you decide what to send. Review each draft before you use it, and treat each answer as a starting point, with its sources to check. You answer for what you send and the decisions you make.
Acceptable use
Don't use Banyan to:
- break the law or violate anyone's rights;
- send spam or run deceptive campaigns;
- probe, attack, or overload our systems;
- copy, resell, or reverse engineer the service;
- connect accounts you have no right to access.
We may suspend access that breaks these rules, and we will tell you why.
Other services
Banyan connects to services we don't control, such as Google Workspace, Calendly, and meeting-note tools. Their own terms govern your use of them. We are not responsible for their availability or changes.
Fees
Your order form sets the fees and payment terms. Unless it says otherwise, fees don't include taxes, and you pay the taxes that apply.
Our property
We own Banyan, the site, and everything we build to run them, including the software, designs, and workflows. These terms give you the right to use Banyan during your subscription and give you no other rights in our property. If you send us feedback, we may use it without owing you anything.
Confidentiality
Each side keeps the other's non-public business information confidential and uses it to perform under these terms, nothing more. This duty doesn't cover information that becomes public through no fault of the receiving side, or that a court or law requires either side to disclose.
Ending the service
You may stop using Banyan at any time, subject to any term in your order form. We may end or suspend your access for a material breach of these terms that you don't fix within 30 days of our notice, or at once where needed to protect the service or others. When the service ends, you can export your data for 30 days. After that, we delete it as our privacy policy describes.
Disclaimers
We provide Banyan and the site "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't promise that Banyan will run without interruption or error, or that AI output will be accurate.
Limits on liability
To the extent the law allows:
- Neither side is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if warned they might occur.
- Our total liability for all claims under these terms is capped at the fees you paid us in the 12 months before the claim arose.
These limits don't apply to your payment obligations or to either side's breach of confidentiality.
Indemnity
You will defend us against third-party claims that arise from your data or your breach of the acceptable use rules, and pay the resulting damages and reasonable costs.
Governing law
Georgia law governs these terms, without regard to its conflict of laws rules. Both sides agree to the courts in Fulton County, Georgia, for any dispute.
Changes
We will post changes here and update the date at the top. For material changes, we will email account holders at least 30 days before they take effect. If you keep using Banyan after that, you accept the new terms.
General
These terms, your order form, and our privacy policy make up the whole agreement between us about Banyan. If a court finds part of these terms unenforceable, the rest still applies. Neither side may transfer these terms without the other's consent, except as part of a merger or sale of its business. Neither side is liable for delays caused by events outside its reasonable control.
Contact
Banyan Tree Labs LLC
info@banyantreelabs.xyz