Terms of Service

1. Acceptance of Terms

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using the Services under applicable laws
• If using on behalf of an organization, have authority to bind that organization to these Terms

3. Account Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials and API keys
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Use of Services

Permitted Use

You may use our Services to integrate AI capabilities into your applications, products, and workflows in accordance with these Terms and applicable laws.

Prohibited Use

You agree not to use our Services to:

• Generate illegal, harmful, or offensive content
• Create deepfakes or non-consensual intimate imagery
• Infringe on intellectual property rights of others
• Engage in fraud, deception, or impersonation
• Harass, abuse, or harm others
• Distribute malware or engage in unauthorized access
• Circumvent rate limits, access controls, or security measures
• Resell access to the API without authorization
• Violate any applicable laws or regulations

5. Content and Intellectual Property

Your Content

You retain ownership of the content you submit to our Services (prompts, inputs, etc.). By using our Services, you grant us a limited license to process this content solely to provide the Services.

Generated Content

Subject to these Terms and payment of applicable fees, you own the outputs generated through your use of our Services. However, similar outputs may be generated for other users, and we make no claims of exclusivity.

Our Intellectual Property

The Services, including our platform, APIs, documentation, and branding, are owned by Apiframe and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other proprietary materials.

6. Pricing and Payment

Our pricing is available on our website. By using paid Services, you agree to:

• Pay all applicable fees based on your usage
• Provide valid payment information
• Authorize us to charge your payment method

We may change our pricing with 30 days' notice.

Refunds and Cancellation

Because generation credits are consumed against third-party AI model capacity that we pay for at the time of generation, all fees are non-refundable except where a refund is required by law. Specifically:

• Subscription fees are non-refundable once charged. Plan credits are delivered to your account automatically upon successful payment. Plans billed yearly receive their credit allowance monthly: on each monthly anniversary of the subscription, the plan credit balance is refreshed with the plan's monthly credits.
• Plan credits reset each month and do not roll over. At each monthly renewal (or monthly anniversary for yearly plans), your plan credit balance is replaced by the new month's allowance. Unused plan credits from the previous month are forfeited.
• Credit top-ups are non-refundable once purchased. Top-up credits (including auto top-ups and promotional coupon credits) are valid for 60 days from purchase and are not affected by plan renewals; any top-up credits unused after 60 days expire. Plan credits are always consumed before top-up credits.
• Failed generations are automatically refunded in credits. If a generation job fails, the credits reserved for that job are returned to your account balance automatically.
• You can cancel at any time. Cancellation takes effect at the end of the current billing period. You keep access to your plan and credits until then, and you will not be charged again. If for any reason you are unable to cancel through the website, simply email us at [email protected] and we will cancel your subscription for you.
• Credits have no cash value, are non-transferable, and cannot be exchanged for cash.

Initiating a payment dispute or chargeback for fees corresponding to credits that were delivered and available for use may result in suspension of your account.

7. API Usage and Rate Limits

Your API access is subject to rate limits and usage quotas based on your plan. We reserve the right to throttle or suspend access if you exceed these limits or if your usage negatively impacts our infrastructure or other users.

8. Third-Party Services

Our Services integrate with third-party AI model providers. Your use of these integrated services is also subject to the terms and policies of those providers. We are not responsible for third-party services or their content.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted or error-free
• Results from the Services will be accurate or reliable
• The Services will meet your specific requirements
• Generated content will be free from errors or suitable for any purpose

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APIFRAME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Apiframe and its affiliates from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Content you submit or generate through the Services

12. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms.

Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination will remain in effect.

13. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

15. Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in class action lawsuits.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Apiframe regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations freely.

17. Contact

For questions about these Terms, please contact us:

• Email: [email protected]
• Support: apiframe.ai/contact