Binti’s Product Specifications and Support and Service Level Agreements

Product Specifications

This section defines the specifications of each Licensed Module, as set forth on Client’s Order Form (usually Page 1 of the Agreement). Binti will use commercially reasonable efforts to make the below features available to Client.

The Licensing Module includes the following:

  1. Licensure and Re-licensure Templates: The Caregiver Portal and Client Staff Portal outlined in Sections B and C below consist of features for two templates (constituting a single “Track”): the initial foster parent application (before someone is licensed/approved for the first time) and the re-licensure application (for ongoing maintenance of an active foster parent license and re-licensure requirements). Each template consists of a unique set of forms (both Caregiver and Client Staff forms) and training. Additional templates requested by Client may be developed at an additional fee, as set forth in an applicable Order Form, if any.
  2. Caregiver Portal: The Caregiver Portal includes:
    1. Caregiver form completion functionality (“Caregiver Form”): Caregivers will be able to complete fillable application forms (up to 40 forms) required by Client. As an applicant completes an online form, their answers are mapped to the appropriate places on Client’s PDFs.
      1. Auto Population of forms: While the same question may be asked more than once across the same or different forms, the answer previously entered populates through into all spaces in which that same question is asked.
      2. Conditional Logic within the forms either expands or hides relevant questions based on previously entered information.
    2. Supporting document completion functionality (“Supporting Documentation”): Caregivers can upload supporting documents required by Client, such as proof of identification, income verification, etc. All supporting documents can be configured to require an expiration date, which is then tracked on the Client Staff Portal.
    3. Electronic Signatures (“BintiSign”): Both Caregivers and Client Staff will be able to electronically sign forms and other indicated documents, including those that are to be signed by both parties (Caregiver and Client Staff).
    4. Caregiver Training Completion (“Training Tracking”): Caregivers can watch embedded training and/or orientation information within the Applicant Portal. Training materials must be embeddable via HTML or setup as a form. Client Staff may verify completion of training through a “quiz” or require Caregivers to enter a passcode to confirm understanding before moving onto the next stage of the process. Client Staff may initiate tracking of training in the Client Staff Portal.
    5. References (“References”) and other adults (“Other Adults”): Caregivers can list other adults in the home and references’ names and emails, and the software will email them to complete their portions of the process in Binti.
      1. Other Adults: Other Adults have their own Binti portal (“Other Adult Portal”) access in which they can complete the requirements specific to them, such as background check clearance forms or uploading proof of identification as determined by Client.).
      2. References: References will be able to click the link from the automated email they receive and complete and e-sign an online reference form (the reference form itself is specific to each Client).
    6. Children in Home (“Children in Home”): Caregivers can list any biological, adopted or children placed from another agency that reside in their home including name, gender, date of birth and relation to the applicants. Supporting Documentation may be collected through uploading for Children in Home including school identification or background check forms. Fillable forms are not available for Children in Home.
    7. Personal Information/Ethnicity: Within the Applicant Portal, Caregivers can enter/update their personal information, such as ethnicity, tribal membership, and preferred language. While Client’s Caregiver Forms or Agency Forms may also gather this information, this information is separately gathered in Binti.
    8. Automated Emails:
      1. Account creation email for caregivers and other adults with option for Client to customize language.
      2. Standardized (not customizable) reminders to caregivers, references and other adults reminding them to complete the applicable steps in the process.
      3. Standardized (not customizable) expiring Supporting Documentation emails to Caregivers.
      4. Application status change emails for caregivers with option for Client to customize language.
      5. Time-based “drip” notices that deliver on a fixed schedule prior to approval and/or prior to re-licensure with option for Client to customize language.
    9. Configurability: For the Licensure and Re-licensure Tracks the following items are configurable by Client (subject to Binti’s prior approval): Caregiver Forms, Supporting Documentation, BintiSign, Caregiver Training Completion, Affiliated Persons (e.g. Other Adults, References, etc.), Personal Information, and cadence and content of automated emails. Work done by Binti to configure such features is referred to as “Professional Services” and addressed in your Agreement with Binti.
    10. Where Client requires or requests tracks separate from or additional to the Licensure and Re-licensure Tracks, those may be available at an additional cost to Client, as described in Section A.
    11. Agency Services Provided Tracking & Reporting: Client Agencies may track one time or recurring services they provide to caregivers as well as the reimbursement or charge amount for these services provided. In addition, there is a comprehensive aggregate report of all services provided by an agency. Client Staff can see the services an agency provides for a given time period, track usage across all services, and directly calculate corresponding costs of the services. This report can be downloaded into a CSV format.
  3. Client Staff Portal: For both the Licensure and Re-licensure Tracks, the following features are available to Client:
    1. Dashboard View: As Caregivers complete the forms in the Caregiver Portal, the Application dashboard will display the percentage completion of applicant forms and supporting documents, completion of background checks and training hours, percentage completion of agency forms (completed by Client staff). The dashboard also shows key dates for the agency including number of days since application signed, days since placement and another specific date of the client’s choosing.
    2. Dashboard view by status: Client Staff will be able to view both current/active and inactive applicants in separate tabs divided by status across the dashboard: Recruiting, Applying, In Renewal Process, Inactive, Dropped Out, Withdrawn, Denied, and Closed.
    3. Agency Form Completion: Client staff will be able to complete forms within the dashboard (similar to the Caregiver Portal), such as the home study evaluation. As Client staff completes an online form, their answers are mapped to the appropriate place on Client’s PDFs. Like the Caregiver Form, these forms can also be electronically signed (by one or both parties).
      1. Auto Population of forms: While the same question may be asked more than once across the same or different forms, the answer previously entered populates through into all spaces in which that same question is asked.
      2. Conditional Logic within the forms either expands or hides relevant questions based on previously entered information
    4. Background Checks: Client staff can indicate status/completion of applicant background checks, which are listed in the dashboard where Client so requires (i.e. DOJ requested, Adam Walsh, etc.). If a background check returns a result that requires an exemption/waiver, the details of the exemption process can be recorded in the dashboard
    5. Trainings: Client staff can indicate completion date and time (or waive, as applicable) of specific trainings per applicant, per the Client’s training requirements. Custom trainings (specific to certain individual(s) can also be logged by Client staff. Training in the Caregiver Portal is not automatically tracked in the Client Staff dashboard.
    6. Complaints: Client staff can log specific complaints about caregiver(s), with dropdowns for complaint type and more detailed information about the allegation(s).
    7. Case Notes: Client Staff can record case notes for a given caregiver, including note, date and type of case note.
    8. Appeals: Client Staff can record if the caregivers have an active or historic appeal including key dates associated with that appeal and the outcome.
    9. Pre-Approval placement: Client staff can record if a child has been placed in the caregiver’s home pre-approval/licensure. They can add a child including name, date of birth, gender and create a placement period for that child
    10. Reporting: Client Staff can generate the following reports in the dashboard:
      1. Background Check Exemptions: Table which displays an agency-wide list of active and historical background check exemptions.
      2. Background Checks: Table which displays an agency-wide list of completed background checks.
      3. Barriers to Licensing:
      4. Case Loads: Shows case loads of each worker broken down by initial applications, renewals coming in next 60 days, and renewals coming up in more than 60 days
      5. Days Since Application Signed: Table which displays the number of days that have passed since a caregiver signed their initial application.
      6. Days Since Placement Report: shows all cases categorized by whether there is an emergency(pre-licensure) placement in the home and how long the child has been there
      7. Good Causes: Table which displays all unspecified and specified Good Causes (reasons why a caregiver has not been approved after 120 days). Subject to configuration by Binti.
      8. License Appeals: Table which displays an agency-wide list of active and historical license appeals.
      9. Recruiting Progress Report: Shows the cohort of applicants that made an inquiry with Client in a certain month, and in what status those applicants are during the time of the report
      10. Recruitment Sources: Table and bar graph which displays the reasons why caregivers were moved to the status of recruiting dropout, withdrawn, denied, or post-approval closed.
      11. Family Map: shows applicant families as pins on a map, with filter capability by applicant status
      12. Services: Table which displays services delivered to Caregivers. Client may customize the services which are tracked. Subject to configuration by Binti.
      13. Status Changes: Table and line graph which displays the total number of status changes per status category.
      14. Status Change History: Table which displays a detailed log of status changes made to applications.
      15. Status Change Reason: Graph based on reasons applicants have dropped out of the process
      16. Team Performance: Table which displays all approvals, renewals, withdrawls, denials, and closures per agency worker. Also displays the average time to approval per agency worker.
      17. Time to Approval Report: shows the amount of time it takes each family to be approved so that you can see trends over time as well as outliers
      18. Training Attendance: Table which displays an agency-wide list of training attended by caregivers.
      19. Utilization: Table which displays an overview of Binti utilization by Client Staff.
    11. Configurability: For the Licensure and Re-licensure Tracks, the Agency Forms, BintiSign, Training Curriculums offered, and Background Checks, are configurable by Client (subject to Binti’s prior approval). Work done by Binti to configure such features is referred to as “Professional Services” and addressed in your Agreement with Binti.

The Caregiver Management Essentials Module includes the following:

  1. Client Staff Placement Dashboard (“Placement Dashboard”): Client staff will be able to access/manage families available to take placement(s) (“Family Placements”), access/manage children/youth awaiting placement or in care (“Intake Child”), and access/manage placement searches for specific children or sets of siblings. In addition:
    1. Caregiver Placements: Staff will be able to see Caregiver Placements (where such caregivers were entered into Binti by way of import or manual entry) and their availability and capacity as well as basic characteristics/preferences related to a potential placement in their home
    2. Relative Placement Information: The Placements Dashboard shows county/community (non-relative) caregivers and has a separate tab for relative caregivers. The relative caregivers tab also includes families that are still within the licensing process (clearly labeled) in the case that a pre-approval/emergency placement with a relative is needed.
    3. Complaints and Licensing Information: the Placements Dashboard highlights any overdue renewals or trainings, as well as any open/outstanding Complaints against this caregiver (pulled from Licensing Module)
    4. Hold Functionality: Where staff determine that a placement should be placed on hold, they can so indicate in the Placement Dashboard, along with a note about whether the hold is voluntary and if there is an end date applicable to the hold.
    5. Dashboard Filters: Staff have the ability to filter Approved caregivers based on availability, location, preferences and specific attributes (e.g., emergency placement, medically trained, respite provider).
    6. Map View: The ability to view Approved caregivers on a map, with the option to view within county boundary lines.
  2. Child/Youth Referral Tracking: Client Staff can input information about Intake Children directly into Binti, indicating basic demographic information, school information, and strengths/placement recommendations. Siblings can also be directly connected in the system by entering the name of a child already within Binti (if not entered, first sibling can be entered and then additional siblings can then be added/connected).
    1. All children/youth (which were entered into Binti by way of import or manual entry) can be viewed on the Children/Youth dashboard, displayed by status (awaiting placement, in care, and permanency/non-permanency exits). Client Staff can see whether a child is currently placed and name of current placement, as well as whether there’s currently an in-progress placement search
    2. Track placement of children who have been intaken with placements and number of such children not placed.
    3. Record when a child no longer needs a placement, the placement close date, and the reason the placement is no longer needed.
  1. Search Functions Based on Child Characteristics and Needs (“View Matching Families”): On the View Matching Families dashboard:
    1. Filter and view Caregiver Placements that could be a match for each child or sibling set based on the child characteristics and the caregivers’ location and preferences (including both county/community and relative families, as applicable).
      1. View these Family Placements either via list view or via Map View- the Map View shows pins for each Family Placement as well as separate pin/”graduation cap” for the child’s community of origin and school location.
    2. Record Placement Contact and Calling Logs: Client Staff can record individual contacts (such as phone calls) and the Caregiver Placements’ responses. All calls made to a Caregiver Placement and the child/youth called on behalf of, as well as date and response can be viewed in a call log by Caregiver Placement or by Child/Youth.
    3. Bulk Outreach: Client Staff may send mass email and text communication to potential Caregiver Placements to provide notification of an available placement opportunity. Both email and text communications provide the option to customize language used in the message. Text communication is one-way and does not allow conversation between Client Staff and Caregiver Placements. All outreach is automatically saved in calling logs.
  1. Share Child Profile: When staff indicate in Binti that a child has been placed, they can opt to “Share Child Profile” with the new caregiver placement that has been indicated. This allows the family placement to view basic information about the child that has been placed with them, including the child’s allergies, medications, school information, and strengths/interests. This information is found in the same application portal accessed by the family as part of the Licensing Module.
  1. Reporting: Client Staff may generate the following reports:
    1. Case Management Case Loads: Table displaying the number of active assignments per Client Staff.
    2. Child Referral Demographics: Bar graph and table showing placement of children in community homes, private agency homes, or group homes. Change tabs to see information broken down by gender, ethnicity, and age. Referring agency information must be added on the child information page and placement search must be added for a child in order for information to be populated in this report.
    3. Family Contact: Table displaying last contact with the caregiver/agency. Also shows the number of calls made regarding a potential placement in the past 12 months, and how many times they said ‘yes’ to placement.
    4. Family Preferences Utilization: Table listing all caregivers and the date their preference were most recently updated, and by which worker.
    5. Placements Case Loads: Open placement searches according to assigned Client Staff, and how many placements each worker secured each month. Also displays unassigned cases.
    6. Permanency: Table that displays active, historical, and disrupted permanency goals for children in care of Client.
    7. Placement History: Table displaying placement searches according to assigned Client Staff and how many placements each worker found each month. Also displays unassigned cases.
    8. Sibling Placement: Pie chart and table displaying the proportion of children placed with all, some, or none of their siblings.
    9. Time to Placement: Table showing how long (how many days) it took to find placement for a child and which placement types were contacted: county homes, private agency homes, and group homes.
  1. Children and Youth Dashboard with Requirements Tracking:
    1. The Children and Youth Dashboard consists of features for managing the placement of a child. A Client may set up five (5) forms that are required to be filled out within 30 days of a placement. Additional forms requested by Client may be developed at an additional fee, as set forth in an applicable Order Form, if any.
    2. Dashboard To Track Children & Manage Documentation: Client staff can view information about their child cases on the Children & Youth dashboard. This includes child photos, names, current placement, level of care, and requirements related to the child’s placement due. In the Requirements due column, there is color coding: red identifies overdue and yellow identifies what is due. Clicking into the Requirements section reveals a specific requirements dashboard for each child in which staff can complete those required forms directly in Binti (see next section for details) or upload the required forms.
  1. Online Child Documentation & Forms Completion: Client Staff can fill out their specific agency forms directly in Binti. All the forms are mobile friendly, so Client Staff may complete their paperwork and case notes in the field. Similar to Binti’s Licensing module, all information entered in Binti populates onto an agency’s exact PDF forms, and all requirements can either be completed directly in Binti (which populates onto the designated PDF) or uploaded directly. Forms can be completed for individual children or sibling groups within the same placement to reduce duplication of effort. Client Staff can sign forms directly online and supervisors can access the various forms signed, make edits, and sign online as well.

The Caregiver Management Module includes all features of the Caregiver Management Essentials Module and adds the following:

  1. Reporting: Client Staff may generate the following reports:
    1. Payments: Table that displays billable charges for children in care of Client based on the number of nights that a child was in care. Subject to configuration by Binti.
    2. Services: Table which displays services delivered to children. Client may customize the services which are tracked. Subject to configuration by Binti.
  1. Children and Youth Dashboard with Requirements Tracking:
    1. The Children and Youth Dashboard consists of features for one program referring to one specific type of service delivery (e.g. foster care, adoption, visitation, etc.). Each program consists of a unique set of forms (agency worker forms) and supporting documents, structured on a specific schedule of requirements. Additional programs requested by Client may be developed at an additional fee, as set forth in an applicable Order Form, if any.
    2. Dashboard To Track Children & Manage Documentation: Client staff can view information about their child cases on the Children & Youth dashboard. This includes child photos, names, current placement, level of care, and requirements related to the child’s placement due. In the Requirements due column, there is color coding: red identifies overdue and yellow identifies what is due in the next 30 days. Binti can customize requirement schedules to the individual agency. For example: tasks/forms due within a certain number of days of the child coming into care and tasks/forms due within certain time frames (every 30 days, every 6 months, etc). Clicking into the Requirements section reveals a specific requirements dashboard for each child in which staff can complete those required forms directly in Binti (see next section for details) or upload the required forms.
  1. Payment And Billing Tracking: Client may directly calculate various billing amounts including the amount paid to the family, the amount billed to the county or state, and/or the amount that goes to the agency per placement. The payments report can be configured by the child’s level of care, age, county of origin, and placement type. The payments report can be filtered to see a subset of payment amounts based on date ranges, age, level of care, etc. The report is downloadable into a CSV format.
  1. Agency Services Provided Tracking & Reporting. Client may track one time or recurring services they provide to children as well as the reimbursement or charge amount for these services provided. In addition, there is a comprehensive aggregate report of all services provided by an agency. Client Staff can see the services an agency provides for a given time period, track usage across all services, and directly calculate corresponding costs of the services. This report can be downloaded into a CSV format.

The Family Finding Module Includes:

  1. The Family Finding Module will allow Client Staff the ability to identify, contact and engage with a child’s relatives and fictive kin in order to make informed placements and to build the largest support network possible for each child. Binti will use commercially reasonable efforts to make the Family Finding Module available to Client in accordance with the following specifications:
  • Create a Family Finding search to track the start and end dates of Family Finding services for each case, which will allow Binti to report on the time spent on Family Finding
  • Assign multiple Family Finding Workers to a search whether they are clerical staff or Family Finding specialists and social workers
  • View Family Finding Search Dashboard of all cases, workers assigned, status of the search, open or closed, and their start and end dates.
  • Add a kin member’s information including ICWA information. Allow for access across the agency for collaboration and ability for any users to add relatives they learn about.
  • Manually track outreach made to kin to keep track of who you called and still need to reach out to. Track notes on what was shared during those outreaches in a recorded contact.
  • Track relationships that you learn about through the outreach, including capturing complex family relationships as well as non-related extended family member relationships.
  • Track kin’s openness of support including if kin are open to placement, respite, visits, transportation, monitoring and more
  • Easy to use dashboard lets Client Staff see at a glance which kin have been reached out to, their relationship with the child, and their openness for various supports
  • Workflow Tracking: Social workers can easily track all their family finding efforts in one place, documenting identified connections, outreach efforts, and the level of supportive engagement a relative or fictive kin is interested in
  • Seamless cross-functional collaboration allows permissioned-access between primary case workers and family finding specialists so that any worker that identifies a kin member can enter the information and it can be easily seen by all other team members
  • Integrated Search allow workers to search across various online databases and social media through Binti directly in order to identify a larger list of potential kin members
    • Search specifications: Each individual record that is accessed is counted as a Search. An example to offer clarity: if a Search is conducted on the mother of a child, and there are 11 results that come up, each report that is investigated to determine which report accurately represents the mother would count as an additional Search. Each individual Person Report with Associates, or “Comprehensive Report” as it is called in Binti, ran is also counted as a Search. The mother’s comprehensive report would return social media information, risk flags, and relatives or associates who are tied to the mother. If the user were to click into each of the relatives’ profiles, each look into each relative would also count as a Search. Some address and phone number information on the relatives and associates can be found within the mother’s comprehensive report, so if the user only views information in the comprehensive report, that would not incur an additional Search.
    • Binti utilizes an integrated search partner Thomson Reuters ‘(CLEAR) for searches. Thomson Reuters will define usage terms with Client.

The Service Referral Management Module includes:

Binti’s Prevention / Services Referral Management Module allows clients to create and track services and coordinate with contracted providers who provide those services. This module has specific functionality to support Families First Prevention Services Act (FFPSA) requirements, including the ability to aggregate data for federal reporting and tracking of corresponding Evidence-Based Practices associated with each service. High-Level Features include:

  • Centralized location to track all providers contracted with the Procuring Agency, along with the service(s) those providers provide. Multiple services and service rates can be added for each provider.
  • Each service has the flexibility to include different ways of billing and rates for each service
  • Ability for Procuring Agency to submit service referrals to providers, with each provider having its own Binti portal to login and manage service referrals. Providers can then log service provision and notes that correspond with their service referrals
  • Data around services provided pulls through into reports that facilitate payment to providers and reporting on fiscal impact of services provided
  • Dashboard and reporting functionality

API access includes the following:

  • Binti’s Application Programming Interface (API) is available to agencies as a method to programmatically connect systems for performing a secure data exchange. The Binti API provides access to agency data as defined by the core Binti data model.
  • Binti has specific endpoints within our API available for data integration, as described here: https://binti.readme.io. Technical documentation is available upon request to provide additional information.
  • Any additional set-up/configuration with regards to Binti’s API (if any) for Client shall be discussed and agreed upon by both parties, and then would be described in your Agreement with Binti (Professional Services).

AI Package includes the following:

  • A translation feature that allows caregivers to access and fill forms in select languages and translate the responses back into English for the agency worker
    • Caregivers can select certain languages when signing up to Binti to complete their foster care license application
    • Binti’s Caregiver Portal will be translated instantly into that language (where available) including all helper text, prompts, links, and buttons.
    • The Caregiver will be asked the questions on the agency’s forms in their selected language and will be able to answer in the same language
    • The Caregiver will be able to sign a copy of the form in their native language
    • The form responses will be translated back into English and presented to the assigned agency worker on Binti’s documents page to assist in the evaluation of the family
    • A transcription feature allowing workers to do upload data in many formats that will be used to create case notes and fill forms
      • Client Staff can access Binti’s transcription feature via their mobile or desktop device with an internet connection
    • Client Staff can securely authenticate with the system before choosing a caregiver’s case and adding a transcription.
    • Client Staff can talk to the system to directly provide an audio file, the content of the audio file can be used to transcribe a case note or fill forms.
    • Client Staff can upload an audio file created earlier, the content of the file can be used to either to transcribe a case note or fill forms.
    • Client Staff can upload a document or image file, the content of the file can be used to either to transcribe a case note or fill forms.
    • Client Staff can select a specific form to transcribe answers to the questions on the form.
    • Case notes created by the AI will be available for review in the caregiver’s case notes section on Binti where it can be edited, discarded or saved
    • Forms populated by the AI will be available for review from the Binti homepage where it can be edited, discarded or saved.
    • The file provided can be downloaded by the worker at any time.
  • Binti BI feature is a chat-style feature allowing workers to ask questions about a caregiver or licensing file.
    • Client Staff can access Binti’s “Ask Binti AI” feature via their mobile or desktop device with an internet connection
    • Client Staff can securely authenticate with the system before choosing a caregiver’s case and starting a conversation.
    • Client Staff can interact directly with a chatbot in a conversation that is specific to the worker + caregiver combination, e.g. if Worker Sally is talking to the chatbot about Caregiver Smith, the information is unique to Caregiver Smith and only Sally’s questions and the responses are shown
    • The chatbot can answer any questions related to the caregiver or file. It will not engage in conversation or answer questions about any other topics and will redirect the worker if asked. It can answer specific factual questions e.g. “what is their date of birth?”. It can parse through data to find examples e.g. “tell me about all the times the caregiver was contacted about trainings”. It can summarize information e.g. “give me a summary of the last 3 months of data entered by Caregiver Smith”
    • The chatbot can use data from the caregiver’s case notes, form responses entered directly in Binti or the Applicant Data.
    • The chatbot will not make any recommendations, or change any data directly in Binti
    • The chat history is cleared after 2 days.

SUPPORT AND SERVICE LEVEL AGREEMENT

This Support and Service Level Agreement (“SLA”) is incorporated by reference into the Master Subscription and Services
Agreement (“Agreement”). All capitalized terms that are used but not defined in this section will have the meanings
ascribed to them in the body of the Agreement above.

      1. Service Availability. Binti will use commercially reasonable efforts to make the Licensed
        Modules available in accordance with the following standards:

        System Availability Measure Standard
        Service monthly uptime (“Availability”) 99.5%*

        *Excludes scheduled downtime (of which Binti will give prior written notice and which Binti will
        schedule between the hours of 10PM and 4AM Pacific Standard Time).

      1. Failure to Meet Availability Standards. In the event the Licensed Modules do not meet the
        Availability standard, Client will be eligible to receive a service credit as described below.
        Service credits are calculated as a percentage of the Fees paid by you for the Licensed Modules
        in a given billing cycle in accordance with the schedule below:

        Monthly Availability Service Credit Percentage
        Less than 99.5% but greater than or equal to 99.0% 10%
        Less than 99.0% but greater than or equal to 95% 15%
        Less than 95% 25%

Binti will apply any service credits only against future payments or Fees otherwise due from Client.
At Binti’s discretion, Binti may issue the service credits as a refund in the original method of payment where no
further fees are due or payable. Client’s sole and exclusive remedy for any unavailability or failure to meet
Availability standards or non performance of failure by Binti to provide the Licensed Modules is the receipt of
Service Credits in accordance with the terms of this SLA.

To be eligible for service credits, Client will need to submit a written claim to Binti (SLA@binti.com) within thirty (30) days of the incident and include the following:

  • Identification of the Licensed Module with respect to which Client is
    claiming the service credits, together with the specific dates, times and availabilities for
    the periods with less than 99.5% Availability

  • Any supporting documentation that supports the claimed outage

    1. Support. Binti will provide technical support (“Support”) to Client
      from 9 AM-10 PM ET Monday through Friday during the Term except for national holidays in the
      United States. Support may be non-live and/or limited for up to four (4) days per year due
      to staff training. To request Support, Client must contact Binti via Live Chat within
      family.binti.com, via phone at 844-424-6844, or via email at help@binti.com. Support will
      return/answer all messages received outside of the aforementioned hours during the following
      business day.

    1. Provision of Support. Binti will provide technical Support to the
      following Client technical contact, or his/her/their designate: [TO BE ADDED]. Binti will
      not be responsible for addressing or resolving Events (defined below) that Binti reasonably
      determines are caused by Client’s systems, any misuse of the Platform, and/or any breach of
      the Agreement.

    1. Events. “Events” are occurrences that impact the availability of the Platform,
      except for scheduled downtime, as determined by Binti in its reasonable discretion. Binti
      distinguishes among four classes of Events as follows:

      1. Critical Event: A complete loss of the Platform’s functionality such that
        no user can use the Platform, with no workaround available.
      2. High Event: The Platform’s functionality is materially impaired such that at
        least approximately 10% of users cannot use the Platform for its intended purpose. There
        is a major impact on users and minimal functionality is available.
      3. Medium Event: An event causing users to lose some level of functionality but
        users are still able to utilize the Platform for its intended purpose or an event not
        meeting the criteria of Critical or High because there is a workaround available which
        does not negatively impact the User from using the Platform for its intended purpose.
        Such events will be consistent and reproducible.
      4. Low Event: Any other problems or issues that do not rise to Critical, High, or
        Medium events. Most users would not notice or be impacted if not addressed.
    1. Target Response Times. Binti will use commercially reasonable efforts to meet the
      following target time frames for response to Events, from the time Binti receives a Support
      request:

      Event Level Target Response Time
      Critical 4 hours or better
      High 24 hours or better

      Medium

      Low

      		 3 business days
    1. Resolution.Binti will use commercial reasonable efforts to resolve Events within a
      reasonable time following response, as determined in Binti’s reasonable discretion after
      assessing the Event.

Family Finding Terms and Conditions

These Family Finding Terms and Conditions (“Family Finding Terms”) apply to Client’s use of the Family Finding Module. Where there is a conflict between them and the MSSA and the Family Finding Terms, these Family Finding Terms shall control.

      1. Fees, Searches. The fees for Client’s use of the Family Finding Module are as set forth in the Order Form (“Search Fees”). Where Client purchased under an applicable Order Form the ability to leverage the Integrated Search functionality of the Family Finding Module, such functionality shall be made available to Client on either a seat basis or a transaction basis, as agreed to by the parties in such Order Form.
        1. Seat Model. Where the parties agree to provision of the search functionality on a seat-by-seat basis (“Seat Model”), the fees shall be as set forth in the Order Form. Client’s will be able to run “Searches” (as defined herein) using its seat based access to the Integrated Search functionality.
        2. Transaction Model. Where Client purchases Searches on a transaction-by-transaction basis (“Transaction Model”), the fees will be calculated using the number of Searches to be used by Client and the type of Searches to be used by Client. The total fees Client is permitted to incur with respect to the Searches estimated in the Order Form shall be referred to as the “Search Fee Cap.”
        3. Search. A “Search” is a query (executed via an API call between Binti and Clear, which is initiated by Client’s end users) conducted by a Client via the Integrated Solution which yields information about a person using Clear’s API in the form of a record. Each individual record that is accessed qualifies as a Search. There are five different types of Searches available for use via the Integrated Search functionality: Person Search, Person Report, Person Report with Associates, Person Report with Web Analytics Add On, and Person Report with Real Time Incarceration Records Add On. When a user conducts a comprehensive search in Binti, it automatically conducts the latter four of the Search types referenced in the previous sentence, so transaction costs associated with all will be incurred and the Search will qualify as four transactions.
        4. Search Limits. The Search Fee Cap for the Transaction Model will reflect a blended fee that assumes a certain number of each Search type that will be used by Client. Each Search type carries a different individual rate. By way of example: Clear provides pricing that provides for Person Searches that cost $1 and Person Report with Associates that cost $2. Client estimated to Binti that it would use 100 Person Searches and 50 Person Report with Associates Searches. Using this estimate, the Order Form would reflect a Search Fee Cap of $200 for an estimated 150 Searches. If Client uses 150 Person Searches and 25 Person Search with Associates (175 searches at a total cost of $200), the Search number would not control; the Search Fee Cap would control, so the 150 estimate would not be the limiting factor. Client may switch from the Seat Model to the Transaction Model, or vice versa, within the Term of their Agreement, provided that the Fees associated with the then current Order Form do not decrease.
        5. Current Clear Customers. If Client is a current Clear customer at the time of execution of the Order Form and purchased the Family Finding Module with access to the Integrated Search functionality, Client’s ability to conduct Searches (and the cost associated therewith) will be as set forth in your existing agreement with Clear for the remainder of your then-current term.
        6. Fee Increases. Following the Initial Term, Clear in its sole discretion may increase the Search Fees annually at each twelve (12) month anniversary of the Effective Date during the Term in an amount not to exceed 8% more than the fees payable during the immediately preceding twelve (12) months period to adjust for inflation.
          1. Following the Initial Term, Binti in its sole discretion may increase the fees annually at each twelve (12) month anniversary of the Effective Date during the Term in an amount not to exceed 5% more than the fees payable during the immediately preceding twelve (12) months period to adjust for inflation; provided, however, that Binti may increase the fees by an amount deemed necessary by Binti in its sole discretion during any Renewal Term or in connection with enhancements and/or improvements made to the Platform or Professional Services.
      2. Seat Model Terms. Where Client leverages the Seat Model, Client agrees that it will not exceed the number of seats provided for in the Order Form. Client further agrees that it will not permit its end users to share passwords to share seats. Where a seat needs to be transitioned to another user for any reason, Client shall notify Clear of its desire to switch the seat and comply with Clear’s instructions with respect thereto. Client’s use of the Seat Model shall comply with Clear’s terms of service and applicable law.
      3. Overage. Binti will regularly report to Client how many Searches Client has incurred. When Client reaches the Search Fee Cap associated with their purchase of Searches (“Search Cap”), they will be required to purchase additional Searches (“Overage Searches”) in order to continue using the Integrated Search functionality. If no additional Searches are purchased, Client will not be entitled to use the Integrated Search functionality.
        1. Overage Fees. Where Client notifies Binti in writing (with email being sufficient) that it wants to purchase Overage Searches at least thirty (30) days from the date on which it is estimated to reach its Search Cap, such Overage Searches will receive the same pricing discount, if any, as applicable to Searches purchased in the then current Order Form, plus any then current year over year cost increases implemented by Clear. By way of example: if Client purchased 2000 Searches in November for use over a two-year term, is receiving a 90% discount on Searches, and is estimated to reach the Search Cap on October 1 of Year 1, it must notify Binti no later than September 1 of its desire to purchase additional Searches. Such Searches will be quoted to Client at the same 90% discount (regardless of the number of Searches being purchased), plus the year over year percentage increase being charged by West at that time that would apply on the November 1 date (for reference, the current fee increase is 5% for multi-year terms and 8% for one year terms).
        2. If Client notifies Binti of the intent to purchase Overage Searches less than thirty (30) days before the date it is estimated to reach its Search Cap, then Clear’s then-current non-discounted Search pricing from Clear will apply. Client agrees to pay to Binti any fees associated with Overage Charges in full.
      4. Transaction Model Terms. Client understands and agrees that the number of Searches provided for in the Order Form is an estimate that corresponds to the Searches that will be permitted under the Search Fee Cap. The Search Fee Cap is calculated using the number of each type of Search that Client estimated to Binti that it would use. If Client uses more or less of any type of Search and that usage would exceed the Search Fee Cap, the Search Fee Cap will operate to limit the ability to conduct Searches, even if the number of estimated Searches provided for in the Order Form has not yet been reached. Client’s use of the Transaction Model shall comply with Clear’s terms of services and applicable law.
      5. Third Party Technology and Consents. Client understands and agrees that the Family Finding Module incorporates third party technology, including that of Clear, West and/or Thomson Reuters. Binti expressly disclaims all warranties associated with such third party technology and services, including without limitation, any service level agreements, any performance in accordance with specifications, quality of any such data resulting, and/or any availability requirements. Client agrees that any claims with respect to the availability or performance of the Search functionality and/or the quality, accuracy and/or reliability of the data received by Clients therefrom (e.g., records provided pursuant to Search queries) shall be asserted directly against Clear and not Binti. Client further agrees that Binti may receive from West Client’s Search transaction related information (i.e. number of Searches conducted and types of Searches conducted) for the purposes of allowing Binti to report to Client its usage rates.
      6. Credentialing. Client understands and agrees that its ability to use the Integrated Search functionality and leverage Clear’s services will be contingent on Client (a) agreeing to Clear’s then-current terms of service and (b) being approved to use such services following Clear’s credentialing process. Client acknowledges that Binti is not involved in either process and that Client’s failure to adhere to such terms and/or failure to pass the credentialing process, and Binti’s resulting inability to allow Client to use the Integrated Search functionality, shall not be a breach or default by Binti under the Agreement and that no refund and/or terminations rights will be associated therewith. Client agrees that any claims with respect to the agreement between Clear and Client and/or the credentialing process will be asserted directly against Clear.
      7. Indemnity. To the extent allowable under applicable law, Client agrees to defend, indemnify and hold harmless Binti from any losses, claims, damages, liabilities or costs (including reasonable attorneys’ fees) associated with (a) Client’s breach of Clear’s terms of services and/or applicable law.

AI Package Terms and Conditions

These AI Package Terms and Conditions (“AI Terms”) apply to Client’s use of the AI Package and are hereby added to the parties’ Agreement. Where there is a conflict between them and the Agreement and the AI Terms, these AI Terms shall control.

      1. Terms of use. Client hereby acknowledges and agrees to the use of the Binti AI Package in accordance with the terms of the Agreement and these AI Terms.
      1. Third party technology. Subject to Binti’s confidentiality obligations in the governing agreement with Client, Client agrees that Client Data (including information submitted by applicants and social workers alike) may be sent to Binti’s third party AI service providers (“AI Service Providers”), who will process and protect the data in accordance with the Business Associate Agreement in place between Binti and those parties. Client acknowledges that third party language models are leveraged by Binti for delivery of the AI Package. Client understands that these third parties utilize machine learning algorithms and that the outputs generated by the Binti AI Package may not be entirely predictable or controllable by the AI Service Providers or any third parties.
      1. Warranties. Client understands that the Binti AI Package is “as is” and that Binti disclaims any warranties, either expressed or implied, about the functionality of the AI Package, including without limitation, accuracy of translations, inaccuracies of AI output, and/or any other issues that can or may arise in the use of the Binti AI Package. Binti does not have control over the specific outputs of the Binti AI Package which is powered by third party technology.. Client acknowledges and agrees that generative artificial intelligence uses experimental technology and any output generated therefrom that is provided back to Client (the “Output”) may not meet Client’s desired use including, without limitation, that it may be inaccurate, offensive, or duplicative. Client must use discretion when relying on, publishing, distributing, or otherwise using any Output resulting from the use of the AI Package. Client is responsible for evaluating and ensuring the accuracy of any Output, including by using human review. As between the parties, to the extent permitted by applicable law, Client will own the Output. Client expressly agrees that Binti will have no liability for any harm or damage arising out Client’s use of the AI package during the Beta Access period. Following such period, Binti’s liability shall be as set forth in the Agreement. Client further acknowledges and agrees that third party AI service providers disclaims all representations and warranties, whether express, implied, statutory, or otherwise, and will have no liabilities or obligations with respect to the Output, except as expressly set forth in the applicable their own terms. Client also understands that the content generated by the AI Package is machine-generated, does not reflect the views or beliefs of Binti, and should not be relied upon for making significant decisions without independent verification. Client further acknowledges that the AI Package may generate inaccurate or unreliable content and therefore should not be relied on to make decisions regarding legal matters, including the decision to approve or reject an applicant seeking licensure to become a foster or adoptive care family. Client will not, and will direct authorized users not to, represent that content generated by the Output was human-generated. Client is responsible for evaluating and ensuring the accuracy of any Output as appropriate for its use case, including by using human review of the Output. Where appropriate, Client shall identify Output as having been generated using artificial intelligence. Subject to the confidentiality obligations in place between Client and Binti, Client agrees that Client Data (including information submitted by applicants and social workers alike) may be sent to Binti’s third party AI service provider(s), who will process and protect the data in accordance with the Business Associate Agreement and other agreements and privacy policies in place between Binti and such provider (including Google, Anthropic, AssemblyAI).
      1. Obligations. Use of the AI Package is at Client’s option and is not required for Client’s use of the Platform. Client may cease its use of the AI Package at any time, in its sole discretion, during the Beta Access period. To the extent that the Agreement contains any service level agreement or similar obligations applicable to Binti’s performance (“SLA Obligations”), those SLA Obligations do not apply to the AI Package (either during the Beta Access period or otherwise).
      1. Specifications. Binti will use commercially reasonable efforts to offer the following as part of its AI package:

A transcription feature allowing workers to do upload data in many formats that will be used to create case notes and fill forms

  • Client Staff can access Binti’s transcription feature via their mobile or desktop device with an internet connection
  • Client Staff can securely authenticate with the system before choosing a caregiver’s case and adding a transcription.
  • Client Staff can talk to the system to directly provide an audio file, the content of the audio file can be used to transcribe a case note or fill forms.
  • Client Staff can upload an audio file created earlier, the content of the file can be used to either to transcribe a case note or fill forms.
  • Client Staff can upload a document or image file, the content of the file can be used to either to transcribe a case note or fill forms.
  • Client Staff can select a specific form to transcribe answers to the questions on the form.
  • Case notes created by the AI will be available for review in the caregiver’s case notes section on Binti where it can be edited, discarded or saved
  • Forms populated by the AI will be available for review from the Binti homepage where it can be edited, discarded or saved.
  • The file provided can be downloaded by the worker at any time.

A chat-style feature allowing workers to ask questions about a caregiver or licensing file.

  • Client Staff can access Binti’s “Ask Binti AI” feature via their mobile or desktop device with an internet connection
  • Client Staff can securely authenticate with the system before choosing a caregiver’s case and starting a conversation.
  • Client Staff can interact directly with a chatbot in a conversation that is specific to the worker + caregiver combination, e.g. if Worker Sally is talking to the chatbot about Caregiver Smith, the information is unique to Caregiver Smith and only Sally’s questions and the responses are shown
  • The chatbot can answer any questions related to the caregiver or file. It will not engage in conversation or answer questions about any other topics and will redirect the worker if asked. It can answer specific factual questions e.g. “what is their date of birth?”. It can parse through data to find examples e.g. “tell me about all the times the caregiver was contacted about trainings”. It can summarize information e.g. “give me a summary of the last 3 months of data entered by Caregiver Smith”
  • The chatbot can use data from the caregiver’s case notes, form responses entered directly in Binti or the Applicant Data.
  • The chatbot will not make any recommendations, or change any data directly in Binti
  • The chat history is cleared after 2 days.

In Product Disclaimers: 

The content generated by Binti’s artificial intelligence powered translation and transcription products (“AI Products”)
is generated using artificial intelligence (“Output”). You are responsible for evaluating and ensuring the accuracy of
any Output, including by using human review. You acknowledge that the AI Products may generate inaccurate Output and
therefore should not be relied on to make decisions regarding legal matters, including the decision to approve or reject
an applicant seeking licensure to become a foster or adoptive care family. You will not represent that the Output was
human-generated.

Subject to the confidentiality obligations in place between Client and Binti, Client agrees that Client Data (including
information submitted by applicants and social workers alike) may be sent to Binti’s third party AI service provider(s),
who will process and protect the data in accordance with the Business Associate Agreement and other agreements and
privacy policies  in place between Binti and such provider (including Google and/or OpenAI).

Binti API Technologies Terms of Use

Revised June 16, 2025

The following Binti API Technologies Terms of Use (“Terms”) govern your use and access of the API
Technologies (as defined below). The API Technologies are provided to you by Binti, Inc., a Delaware corporation
(“[Binti]” or “we” “our” or “us”). As used in these Terms, “you” or “your” means the party who
accesses or uses the API Technologies, and any company, entity, or organization on whose behalf that party is acting
(the “Customer”). The “API Technologies” means: (i) any Binti application programming interface(s)
(“API(s)”), software, software development kits, code, tools, functions, features, products, and
other developer services made available to you by Binti that can be used to customize, automate, integrate with,
import, or export data or functionality into or with the Binti Products; (ii) any information, policies,
documentation, guidelines, keys, additional terms, or specifications relating to or referencing the API
Technologies, which are hereby incorporated into these Terms; (iii) content, data (including anonymous or aggregate
data), and information that Binti makes available to you through the APIs (collectively, “Operation
Data”); and (iv) any credentials assigned to you, your authorized users and your API Client (defined in
Section 3.1) by Binti.

The API Technologies are provided for your use solely in accordance with any applicable documentation and solely in
connection with Binti’s products and services (“Binti Products“) that you access and use pursuant
to a valid Master Subscription and Services Agreement between you and Binti (the “MSSA”). Your use
of the API Technologies is subject to these Terms and the MSSA. Your use of the Binti Products (as defined in the
MSSA) with the API Technologies is subject to and governed by the MSSA. Capitalized terms used but not defined in
these Terms have the meanings given in the MSSA.

  1. Account and Registration
    1. Accepting the TermsYou may not use the API Technologies and may not accept the Terms if (a) you are not of legal age to form a binding contract with Binti, (b) you are a person barred from using or receiving the API Technologies under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the API Technologies, or (c) you are not an authorized user of a Binti Product pursuant to a valid MSSA.
    2. Entity Level AcceptanceIf you are using the API Technologies on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity as “Licensee”). You agree that we may share information related to your use of the API Technologies with the Licensee, (b) additional terms may apply to your use of any applicable API, and (c) the Licensee’s administrator may be able to access (including view or modify your profile) or disable your access to the API Technologies without Binti’s involvement.
    3. RegistrationIn order to access certain API Technologies, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API Technologies, or as part of your continued use of the API Technologies. You will ensure that all registration information you give to Binti will always be accurate and up to date and you’ll inform us promptly of any updates.
  2. Using Our API Technologies
    1. Compliance with Law, Third Party Rights, and Other Binti TermsYou and all your users to whom you provide access to the APIs will comply with all applicable law, regulation, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws) and the Terms. You will not use the API Technologies to encourage or promote illegal activity or violation of third-party rights. You will not violate any other agreements with Binti (or its affiliates), including but not limited to the MSSA.
    2. Permitted AccessYou will only access (or attempt to access) an API by the means described in the documentation of that API. If Binti assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your API Client’s identity when using the API, API Technologies or developer accounts.
    3. Permitted UseThe API Technologies are provided for your use solely in accordance with any applicable documentation and solely in connection with and for your own authorized internal use of Binti’s Platform for which the APIs were made available pursuant to a valid MSSA. You may provide access to the APIs to other authorized users of the Binti Products provided to you pursuant to your MSSA.
    4. API Technologies LimitationsBinti sets and enforces limits on your use of the API Technologies (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Binti’s express consent (and Binti may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact support@binti.com.
    5. Open Source SoftwareSome of the software required by or included in our API Technologies may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain API Technologies, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Binti for the applicable open source software.
    6. Disclaimer.You hereby acknowledge and agree that:
      1. any particular API may be modified, suspended or discontinued at any time with or without notice, and may never be made generally available, and
      2. we may require that you discontinue use of any particular API, or any features thereof, in our sole discretion.
    7. Communication with BintiWe may send you certain communications in connection with your use of the API Technologies. Please review the API Technologies documentation and Binti’s Privacy Policy, available at https://binti.com/privacy/ for information about opting out of certain types of communication.
    8. FeedbackIf you provide feedback or suggestions about our API Technologies, then we (and those we allow) may use such information without obligation to you.
    9. Non-ExclusivityThe Terms are non-exclusive. You acknowledge that Binti may develop products or services that may compete with the API Clients or any other products or services.
  3. Your API Clients
    1. API Clients and MonitoringThe API Technologies are designed to help you to develop applications or software to automate, integrate with, import, or export data or functionality into, out of, or with the Binti Products (“API Client(s)”). YOU AGREE THAT BINTI MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE BINTI PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Binti accessing and using your API Client, for example to identify security issues that could affect Binti or its users. You will not interfere with this monitoring. Binti may use any technical means to overcome such interference. Binti may suspend access to the API Technologies by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
    2. SecurityYou will use best efforts to protect third-party data, Operation Data and user information collected, transferred and processed by your API Client, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to the owner of any such data any unauthorized access or use of such information to the extent required by applicable law.
    3. OwnershipBinti does not acquire ownership in the API Clients developed by you, and by using our API Technologies, you do not acquire ownership of any rights in our API Technologies, the Binti Products or the content that is accessed through our API Technologies. Binti retains ownership of all elements of the APIs (including any elements of the API Clients based on the APIs).
    4. User Privacy and API ClientsYou will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for PII processed by your API Client that clearly and accurately describes what user information you collect and how you use and share such information with Binti and third parties.
  4. Prohibitions and Confidentiality
    1. API ProhibitionsYou may not (or allow those acting on your behalf to):
      1. Create an API Client or other technology that functions substantially the same as or is competitive with the API Technologies or any other Binti product or service.
      2. Perform an action with the intent of introducing or recklessly or negligently risking the introduction to Binti products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
      3. Defame, abuse, harass, stalk, or threaten others.
      4. Interfere with or disrupt the API Technologies or the servers or networks providing the API Technologies.
      5. Use the API Technologies for volume, stress, or performance testing activities without prior written permission from Binti.
      6. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
      7. Use the API Technologies for any activities where the use or failure of the API Technologies could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
      8. Use the API Technologies to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
      9. Remove, obscure, or alter any Binti terms of service or any links to or notices of those terms.
    2. Confidential Matters
      1. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage others from using your credentials. Developer credentials may not be embedded in open source projects.
      2. Our communications to you, Operation Data, our APIs and information made available to you regarding the APIs are all Binti confidential information except to the extent excluded below. Binti confidential information includes any materials, communications, and information that are marked confidential or that would reasonably be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Binti’s prior written consent. Binti confidential information does not include information that Binti makes publicly available, that you independently developed without reference to Binti confidential information, or that was rightfully given to you by a third party without confidentiality obligation. You may disclose Binti confidential information when compelled to do so by law if you provide us reasonable prior notice, and cooperation with our objection to the disclosure unless a court orders that we not receive notice.
  5. Relationship to Binti Products and Third-Party Products and Services
    1. Binti ProductsNo rights are granted with respect to any API Technologies under, and none of the API Technologies are licensed or otherwise provided under, any MSSA. In addition, any use of API Technologies in connection with the Binti Products that are provided under a MSSA is subject to the restrictions and obligations of such MSSA governing your access, if any, to the Binti Products. Except as set forth in the MSSA, the Terms do not grant any rights to access or use the Binti Products.
    2. Third-Party Products and ServicesYour installation or enablement of API Technologies may result in the transmission of your data and Operation Data outside of the Binti Products to your or third-party systems or applications. The providers of such systems or applications any may be able to obtain access to data in the Binti Products through the API. Such access may result in the disclosure, modification or deletion of your data by those providers. We are not responsible for any such transmission, disclosure, modification or deletion of your data by, through or resulting from the use of the API Technologies, your or your third-party systems, applications or their providers.
  6. Content
    1. Submission of ContentBinti does not acquire any ownership of any intellectual property rights in the content that you submit to our API Technologies through your API Client, except as expressly provided in the Terms. Before you submit content to our API Technologies through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your customers) to submit such content and will indemnify, defend and hold Binti and its officers and directors harmless from any claims from third parties to the contrary.
    2. Prohibitions on ContentUnless expressly permitted by the content owner or by applicable law, you will not, and will not permit your users or others acting on your behalf to, do the following with content returned from the APIs:
      1. Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
      2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
      3. Misrepresent the source or ownership; or
      4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
  7. Brand Features; Attribution
    1. Brand Features“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by you of Binti’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Binti.
    2. AttributionYou agree to display any attribution(s) required by Binti as described in the documentation for the API Technologies.
    3. PublicityYou will not make any statement regarding your use of the API Technologies which suggests partnership with, sponsorship by, or endorsement by Binti without Binti’s prior written approval.
  8. Privacy and Copyright Protection
    1. Binti Privacy PoliciesBy using our API Technologies, Binti may use submitted information in accordance with our Privacy Policy, available here: https://binti.com/privacy/.
  9. Termination
    1. TerminationYou may stop using our API Technologies at any time with or without notice. Further, if you want to terminate the Terms, you must provide Binti with prior written notice and upon termination, cease your use of the applicable API Technologies. Binti reserves the right to terminate the Terms with you or discontinue the API Technologies or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
    2. Your Obligations Post-TerminationUpon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the API Technologies and Binti Brand Features. Any retained content continues to be subject to these Terms. Binti may independently communicate with the Licensee whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
    3. Surviving ProvisionsWhen the Terms are terminated or expire, those provisions that by their nature should continue will continue, including but not limited to: Sections 4a, 4b, 6, 9, 10, and 11.
  10. Liability for our API Technologies
    1. WARRANTIESEXCEPT AS EXPRESSLY SET OUT IN THE TERMS, BINTI DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE API TECHNOLOGIES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API TECHNOLOGIES, THE SPECIFIC FUNCTIONS OF THE API’S, OR THEIR RELIABILITY, SECURITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE API TECHNOLOGIES MAY BE MODIFIED OR DISCONTINUED. THE PRODUCT SERVICES WARRANTY FOR BINTI PRODUCTS DOES NOT APPLY TO THE API TECHNOLOGIES. WE PROVIDE THE API TECHNOLOGIES “AS IS” AND USE OF THE API TECHNOLOGIES IS AT YOUR OWN SOLE RISK. WE HAVE NO OBLIGATION TO PROVIDE ANY SUPPORT OR SERVICES FOR THE API TECHNOLOGIES.

      SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

    2. LIMITATION OF LIABILITYWHEN PERMITTED BY LAW, BINTI WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

      TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BINTI, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $500.

      IN ALL CASES, BINTI WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

    3. IndemnificationUnless prohibited by applicable law, you will defend and indemnify Binti, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
      1. your misuse or your user’s misuse of the API Technologies;
      2. your user’s violation of the Terms; or
      3. any claim that your API client, content or data you provide through the API Technology violates the rights of any third party including but not limited to copyright, trademark, trade secret, patent or privacy rights.
  11. General Provisions
    1. ModificationWe may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API Technologies. You should look at the Terms regularly. We’ll post notice of modifications to the Terms within the documentation of each applicable API, to this website (or any successor website), and/or in the documentation for the Binti Products. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
    2. U.S. Federal Agency EntitiesThe API Technologies were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
    3. General Legal TermsThe Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Binti does not take action right away, this does not mean that Binti is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Binti relating to its subject and supersede any prior or contemporaneous agreements on that subject. Except as set forth below: (i) the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the API Technologies and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API TECHNOLOGIES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF ALAMEDA OR SAN FRANCISCO COUNTIES, CALIFORNIA, USA, AND YOU AND BINTI CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

Contact Us

If you have questions or concerns about our Product Specifications, Terms and Conditions, or Support SLAs, please email us at contracts@binti.com