Terms of Service

By creating an account, making a payment, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy and our Refund Policy. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to both you and that organisation.

apixly.ai provides access to third-party and hosted AI models for conversation, code, image generation and video generation, an OpenAI-compatible API gateway, and a personal creation library and related tools. The Service is provided on an "as available" basis.

We may, at any time and at our sole discretion, add, change, limit, suspend, discontinue or remove any feature, model, endpoint or the Service as a whole, and may set, adjust and enforce technical and usage limits — such as request rate, concurrency, context length, file size and generation quotas. You must not circumvent or interfere with these limits. Any such change, suspension or discontinuation does not constitute a breach by us and does not entitle you to any refund, credit or compensation, except for the return of unused Credits where expressly required by applicable law.

To use the Service you must be of the age of legal majority in your jurisdiction and have full capacity to enter into these Terms. The Service is intended for lawful use by such users and business customers only.

You access the Service through your apixly account. You are responsible for keeping your credentials and any API keys confidential and for all activity under your account or keys, which is treated as your own. Unless we agree in writing, you may hold one account, and you may not sell, rent, lend, share or transfer your account, API keys, Credits or promotional benefits. We may require verification of your identity, and may refuse, suspend or reclaim any account at our reasonable discretion, including where information you provide is inaccurate or where we suspect abuse.

The Service is currently not offered or directed to users located in mainland China. You may not access or use the Service from mainland China, and you are responsible for ensuring that your access to and use of the Service comply with the laws of the country or region where you are located. We may restrict or refuse access in any jurisdiction where the Service is unavailable or where providing it would be unlawful, without liability.

Paid features are powered by Credits linked to your apixly balance. Credits are purchased by topping up in advance and are consumed as you use the Service according to the pricing in effect at the time of use. Prices, model availability, rates and quotas may change at any time without prior notice. Credits have no cash value, bear no interest, are non-transferable, and are non-refundable except as expressly set out in our Refund Policy or where a refund is required by applicable law.

You are responsible for monitoring your own usage and balance. Balances, fees and payment assets shown in the interface are display views; the order and billing pages, and our usage and metering records, are authoritative and conclusive absent manifest error. All fees are exclusive of taxes, levies and bank or payment-processing charges, which you are responsible for bearing.

Where we detect suspected fraud, abuse, abnormal transactions, chargeback risk or compliance issues, we may delay crediting a payment, limit or suspend operations, forfeit affected Credits, or require additional verification before processing. Initiating a chargeback or payment reversal without first contacting us and in respect of services delivered is a breach of these Terms; in that case we may suspend your account, disable delivered Credits, and recover the disputed amount and associated costs from you.

You agree not to use the Service to create, upload or distribute unlawful content, including child sexual abuse material, content that infringes others' rights, malware, or material that harasses, defames or endangers others.

You agree not to: bypass or interfere with authentication, rate limits, billing or safety systems; probe, scan, attack or load-test the Service or its infrastructure; register accounts in bulk or farm trial or promotional credits; resell, sublicense, wrap, scrape or use the Service or its outputs to build or train a competing product or model without our written authorisation; or submit personal data, trade secrets, credentials or other sensitive information in ways that violate law, contract or the rights of others.

We may remove, refuse to process, or restrict any content or request that we reasonably believe violates these Terms or applicable law, without prior notice. If you breach this section, we may suspend or terminate your access immediately, and any Credits obtained, retained or used in connection with the breach may be forfeited without refund. You are liable to us for losses, costs and expenses arising from your breach.

You further agree not to use the Service — including its image and video generation tools — to create, upload or distribute: (a) any sexual or nude content depicting minors or any person who appears to be a minor, whether real, fictional or AI-generated; (b) intimate, sexual or nude imagery of real, identifiable individuals created or shared without their consent; or (c) deepfakes or other synthetic media that impersonate or realistically depict a real person's face, voice or likeness without authorisation, including to deceive, defraud, defame, harass or sexualise them. You are solely responsible for holding all rights and consents required for any person, likeness, voice or material you submit or generate.

You keep the rights you hold in the prompts and files you submit. Subject to these Terms and applicable law, you may use the images, video and text you generate, including for commercial purposes, unless a specific model provider's terms restrict this. You are solely responsible for your inputs and for how you use the outputs.

The Service itself — including the site, software, interfaces, documentation, trademarks and other materials — remains the property of apixly or its licensors. Except as expressly allowed by these Terms, you may not copy, modify, reverse engineer, rent, sell or sublicense any part of the Service or remove proprietary notices. You grant us a limited licence to process your content only as needed to operate, secure and improve the Service and to comply with law.

AI-generated content can be inaccurate, incomplete, biased or offensive, and may not be unique to you. Output is provided for your own evaluation, is not professional advice, and is not guaranteed to be fit for any purpose. You are responsible for reviewing output before relying on it.

For high-stakes uses — legal, medical, financial, employment, credit, education or public safety — you must have a qualified human review the output and comply with the laws and professional rules that apply to your situation. We are not responsible for decisions or actions you take based on output.

We work to keep the Service available and reliable, but we do not guarantee uninterrupted, error-free or secure access, and we provide no uptime or service-level commitment unless agreed with you in separate writing. We may perform maintenance, and features may be unavailable, delayed or limited from time to time without liability.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.

We make no warranty regarding third-party or upstream AI models, providers or infrastructure, including their output, accuracy, availability, continuity, security or pricing. Beta, preview or experimental features are provided on an as-is basis and may be changed or withdrawn at any time.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, exemplary or consequential damages, loss of profits or revenue, business interruption, loss of data, damage to goodwill, or the cost of substitute services, even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

Our total aggregate liability for all claims relating to the Service is limited to the lesser of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim and (b) US$100. This limit applies in the aggregate and does not reset per claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

You will defend, indemnify and hold us and our affiliates, officers and staff harmless from and against any claims, demands, liabilities, damages, losses, costs and expenses (including reasonable legal fees and chargeback and recovery costs) arising out of or related to your content, your use of the Service, your breach of these Terms, or your violation of any law or the rights of any third party. We may assume the exclusive defence of any matter subject to indemnification, in which case you will cooperate with us.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, sanctions, changes in law, labour disputes, power or network failures, cyber-attacks, or the failure, suspension, throttling, price change or discontinuation of any third-party or upstream AI model, provider or infrastructure. During such events our obligations are suspended for the duration of the event.

We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if we are required to by law, or if your use harms or risks harming us, other users or third parties. You may stop using the Service at any time.

On termination, your right to use the Service ends immediately. Where we terminate for your breach, unused Credits may be forfeited to the extent permitted by applicable law. Sections that by their nature should survive — including accrued payment obligations, ownership, disclaimers, limitation of liability, indemnification and dispute terms — continue to apply. We may retain records as required by law and for our legitimate business and security purposes.

The Service relies on third-party AI model, payment and infrastructure providers, and may link to or interoperate with third-party products. We do not control and are not responsible for the acts, omissions, output, availability, outages, security, pricing or terms of any third party. Your use of those parts of the Service may be subject to the relevant provider's terms, and any dispute regarding a third party is between you and that third party.

We may update these Terms from time to time. When we make material changes we will update the date above and, where appropriate, notify you within the Service. Material updates are published as a new version and, where appropriate, may require you to accept them again. Your continued use after changes take effect means you accept the updated Terms; if you do not agree, you must stop using the Service.

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-laws rules, and you and we submit to the exclusive jurisdiction of the courts of Hong Kong, without prejudice to any mandatory rights you have under the law of your place of residence. Before starting any formal proceeding, you agree to contact us and attempt in good faith to resolve the dispute informally.

To the maximum extent permitted by law, any claim relating to the Service must be brought within one year after it arises, or it is permanently barred; and you and we agree to bring claims only in an individual capacity and waive any right to participate in a class, collective or representative action or a jury trial. Where any part of this waiver is unenforceable in your jurisdiction, that part is severed and the remainder continues to apply.

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Service and supersede any prior understanding. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions stay in full force. Our failure to enforce any right is not a waiver of it. You may not assign or transfer these Terms without our written consent; we may assign or transfer them freely, including in connection with a merger, acquisition or sale of assets. There are no third-party beneficiaries. If these Terms are provided in more than one language, the English version prevails in the event of any conflict.

Questions about these Terms can be sent to [email protected].