Terms of Service
Effective Date: January 15, 2025
1. Agreement to Terms
By accessing or using the Pnyx AI platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services. These Terms constitute a legally binding agreement between you and Pnyx AI, Inc. ("Pnyx", "we", "us", or "our").
2. Description of Services
Pnyx provides an AI orchestration platform that enables access to multiple large language models (LLMs) through a unified API. Our Services include:
- Intelligent routing of API requests to optimal language models
- Performance benchmarking and model comparison tools
- API access and integration services
- Usage analytics and monitoring
- Developer tools and documentation
3. Account Registration and Security
3.1 Account Creation
To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
3.3 API Keys
API keys are confidential and should be kept secure. You are responsible for all usage associated with your API keys. Sharing API keys is prohibited and may result in account termination.
4. Acceptable Use Policy
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Generate, distribute, or facilitate illegal content
- Create content that is harmful, offensive, or discriminatory
- Engage in activities that could harm minors
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of our Services
- Use automated systems or software to extract data (scraping) without permission
- Reverse engineer, decompile, or disassemble our Services
- Resell or redistribute our Services without authorization
- Circumvent usage limits or quota restrictions
5. Payment Terms
5.1 Pricing
You agree to pay all fees associated with your use of the Services according to the pricing plan you select. Prices are subject to change with 30 days notice.
5.2 Billing
We bill for Services on a monthly basis unless otherwise specified. Payment is due upon receipt of invoice. Late payments may incur interest charges and result in service suspension.
5.3 Refunds
Prepaid fees are non-refundable except as required by law or as explicitly stated in our refund policy. Usage-based charges are calculated based on actual consumption and are non-refundable.
6. Intellectual Property
6.1 Our Property
The Services, including all content, features, and functionality, are owned by Pnyx and are protected by international copyright, trademark, and other intellectual property laws.
6.2 Your Content
You retain all rights to the content you submit through our Services. By using our Services, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Services.
6.3 Feedback
Any feedback, suggestions, or ideas you provide about our Services may be used by us without any obligation to you.
7. Third-Party Services
Our Services integrate with third-party AI model providers (OpenAI, Anthropic, etc.). Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or performance of third-party services.
8. Service Level Agreement
8.1 Availability
We strive to maintain 99.9% uptime for our Services. Scheduled maintenance and force majeure events are excluded from uptime calculations.
8.2 Support
Support levels and response times vary based on your subscription plan. Enterprise customers may have separate support agreements.
9. Disclaimers and Limitations of Liability
9.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PNYX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
9.3 Liability Cap
Our total liability for any claims under these Terms shall not exceed the amount you paid us in the twelve months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Pnyx and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting us. Termination does not relieve you of payment obligations for services already rendered.
11.2 Termination by Us
We may suspend or terminate your account immediately for violations of these Terms, non-payment, or any conduct we deem harmful to our Services or other users.
11.3 Effect of Termination
Upon termination, your access to the Services will cease immediately. Provisions that by their nature should survive termination shall remain in effect.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through the Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
13. Governing Law and Disputes
13.1 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 its conflict of law provisions.
13.2 Arbitration
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware.
13.3 Class Action Waiver
You agree to bring any disputes only in your individual capacity and not as a plaintiff or class member in any class or representative action.
14. General Provisions
14.1 Entire Agreement
These Terms constitute the entire agreement between you and Pnyx regarding the Services and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
15. Contact Information
If you have any questions about these Terms of Service, please contact us:
Pnyx AI, Inc.
Email: [email protected]
Contact Form: pnyx.ai/contact
Address: [To be provided]
Additional Terms for Enterprise Customers
Enterprise customers may have separate agreements that modify or supersede portions of these Terms. In case of conflict, the enterprise agreement shall prevail. Enterprise agreements may include custom SLAs, support terms, pricing, and data processing agreements.
Export Compliance
You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.