Service Agreement

1. Scope and eligibility

This Service Agreement (the "Agreement") is between PicoXAI ("PicoX," "we," "us," or "our") and the person or entity using the Services ("Customer" or "you"). You must be at least 18 years old and legally capable of entering into this Agreement.

If you use the Services for an organization, you represent that you have authority to bind that organization. The Terms of Use are incorporated into this Agreement.

2. Accounts and credentials

You must provide accurate account information and keep it current. You are responsible for activity under your account, sessions, and API keys, including activity by your employees, contractors, and applications.

• Use unique, strong credentials and protect API keys as secrets.
• Do not share account access outside your authorized organization.
• Notify us promptly at [email protected] if you suspect unauthorized access.

3. Services and changes

PicoX provides a unified interface to supported AI models and providers. Features, model availability, limits, routing, and interfaces may change as the Services evolve. We may add, modify, deprecate, or discontinue a feature with reasonable notice when practicable.

Service levels, support commitments, or custom data-processing terms apply only when set out in a separate written order or agreement signed by us.

4. Acceptable use

You will comply with applicable law, provider policies, and our technical restrictions. You will not use the Services to:

• Generate, distribute, or facilitate unlawful, fraudulent, abusive, or harmful content or activity.
• Violate privacy, publicity, intellectual-property, export-control, or other rights.
• Probe, disrupt, overload, bypass, reverse engineer, or gain unauthorized access to systems or rate limits.
• Distribute malware, harvest credentials, impersonate others, or conceal the origin of prohibited activity.
• Use model output as the sole basis for high-impact decisions where human review is legally or reasonably required.

5. Customer data and security

You retain rights in prompts, inputs, files, and other data you submit ("Customer Data"). You grant us a limited license to process Customer Data only as needed to provide, secure, support, and improve the Services and to comply with law.

You are responsible for having all rights and notices required to submit Customer Data. Do not submit regulated, sensitive, or confidential data unless your plan and written agreement expressly support it. We use reasonable administrative, technical, and organizational safeguards, but no system is completely secure.

6. Fees, credits, and taxes

Usage fees are calculated from the pricing shown in the console or an applicable order. Prepaid credits and promotional credits may be subject to expiration, non-transferability, or other disclosed conditions. Except where required by law, payments and consumed credits are non-refundable.

You are responsible for applicable taxes other than taxes based on our net income. We may suspend paid features when balances are insufficient or payments are overdue.

7. Third-party models and providers

The Services may route requests to third-party model providers. Their availability, behavior, output, and policies are outside our control. You authorize us to transmit the data needed to fulfill your requests to the selected provider. Provider-specific terms or restrictions may apply and are your responsibility to review.

8. Ownership and feedback

We and our licensors own the Services, software, documentation, branding, and related intellectual property. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable right to use the Services during the term.

You may use feedback without obligation; if you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without identifying you.

9. Monitoring and suspension

We may monitor technical and usage signals to operate, secure, and enforce the Services. We may limit or suspend access when reasonably necessary to prevent harm, address a security risk, comply with law, investigate suspected violations, or protect service reliability.

10. Disclaimers

To the maximum extent permitted by law, the Services and model outputs are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. AI output may be inaccurate, incomplete, biased, or unsuitable; you are responsible for reviewing output before relying on it.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Our aggregate liability arising from the Services will not exceed the greater of USD 100 or the fees you paid us during the three months before the event giving rise to the claim.

These limits do not apply where prohibited by law or to liability that cannot legally be limited.

12. Term and termination

This Agreement begins when you first accept it or use the Services and continues until terminated. You may stop using the Services at any time. We may terminate or suspend this Agreement for material breach, legal requirements, security risk, or discontinuation of the Services.

Upon termination, your right to use the Services ends. Provisions that by their nature should survive will survive, including payment, ownership, disclaimers, liability limits, and dispute terms.

13. General terms

We may update this Agreement and will post the effective date and version on this page. Material changes may require renewed acceptance. You may not assign this Agreement without our consent; we may assign it as part of a merger, reorganization, sale, or similar transaction.

If a provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. This Agreement, together with incorporated terms and any signed order, is the entire agreement about the Services.

Questions or legal notices may be sent to [email protected] or PicoXAI, 49 Powell St., San Francisco, CA 94102, USA.