Terms of Service

1. Acceptance and Modifications

By using the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated by reference. We may modify these Terms from time to time. Material changes will be communicated through the Service or by email, with the "Last updated" date revised accordingly. Your continued use of the Service after such changes constitutes your acceptance.

2. Eligibility

You must be at least 13 years old to use the Service. If you are below the age of legal majority in your jurisdiction, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Service, you represent and warrant that you meet these requirements and that the information you provide during registration is accurate and complete.

3. Accounts

You may register for an account through MixerBox ID or another supported identity provider. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized access or suspected security incident. We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, including where we determine in good faith that an account has been used in violation of these Terms.

4. API Keys

The Service authenticates programmatic requests using API keys. API keys are confidential and are typically displayed in full only at the time of creation. You are solely responsible for safeguarding your API keys, and any usage and charges incurred through your API keys are your responsibility, including in the event a key is shared, leaked, or compromised. We may rotate, revoke, or rate-limit keys at our discretion to protect the Service or other users.

5. Credits and Payment

The Service operates on a prepaid credit model. You purchase credits in advance and consume them as you use the Service. All purchases are generally final and non-refundable, except where required by applicable law or granted by us at our sole discretion. Credits may expire after a reasonable period of inactivity as we may determine and disclose from time to time.

You may choose to enable automatic top-up. By enabling it, you authorize us to charge your designated payment method when your balance falls below the threshold you have selected, until you disable the feature. We may suspend or disable automatic top-up after repeated failed charges, suspected fraud, or other risk events. Pricing, denominations, and applicable fees may change at our discretion, and material changes will be communicated in advance through the Service or by email.

6. Acceptable Use

You agree not to use the Service to:

• violate any applicable law, regulation, or third-party right;
• infringe intellectual property, privacy, publicity, or other rights;
• generate, distribute, or facilitate content that is unlawful, defamatory, deceptive, fraudulent, or invasive of privacy;
• generate sexual content involving minors, non-consensual intimate imagery, or other prohibited material;
• harass, threaten, intimidate, or harm any person or group;
• generate or disseminate misinformation, including content intended to mislead about its machine-generated nature where disclosure is required;
• send unsolicited communications, spam, malware, or other malicious payloads;
• attempt to circumvent rate limits, quotas, security mechanisms, or access controls;
• scrape, copy, reverse-engineer, decompile, or otherwise misappropriate the Service or its outputs;
• conduct red-teaming, jailbreak, or security research against the Service without our prior written consent;
• use the Service to develop or train a product or model that competes with the Service, including by systematically extracting outputs for that purpose;
• misrepresent your identity, affiliation, or the source of any content.

We may investigate suspected violations and take any action we consider appropriate, including suspending or terminating access, revoking API keys, and, in cases of material breach, forfeiting unused credits.

7. Your Content; License

"Inputs" means the prompts, messages, files, and other content you submit to the Service. "Outputs" means the responses returned by the Service. As between you and MixerBox, you retain all rights in your Inputs and Outputs, subject to the licenses granted in these Terms. You represent and warrant that you have all necessary rights in your Inputs and that your Inputs and Outputs will not violate these Terms or applicable law.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, and otherwise use your Inputs and Outputs as necessary to provide, secure, monitor, and improve the Service and to comply with legal obligations. We may use de-identified, aggregated, or otherwise anonymized information derived from your use of the Service for any lawful purpose, including operating and improving the Service. If we offer additional optional features that materially change how your Inputs or Outputs are used, you will be given the opportunity to review and consent before enabling them.

8. Output Disclaimer

The Service uses artificial intelligence to generate Outputs. Outputs may be inaccurate, incomplete, outdated, offensive, biased, or otherwise unsuitable for your intended purpose. Outputs are not statements of fact or professional advice, and similar prompts may produce different Outputs at different times. You are solely responsible for evaluating Outputs before relying on them and for implementing appropriate human review, testing, and safeguards.

THE SERVICE IS NOT INTENDED FOR USE IN, AND OUTPUTS SHOULD NOT BE RELIED UPON FOR, REGULATED, HIGH-RISK, SAFETY-CRITICAL, LEGAL, MEDICAL, FINANCIAL, EMPLOYMENT, OR OTHER DECISION-MAKING THAT REQUIRES HUMAN OVERSIGHT. YOU WILL NOT PRESENT OUTPUTS IN A MANNER THAT MISLEADS END USERS ABOUT THEIR MACHINE-GENERATED NATURE WHERE SUCH DISCLOSURE IS REQUIRED BY LAW.

9. Service Availability and Changes

We strive to provide a reliable Service but do not guarantee uninterrupted, error-free, timely, or secure operation. We may add, remove, modify, suspend, or discontinue any feature, model, region, or pricing tier at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without notice and without liability.

10. Intellectual Property

The Service, including all software, designs, interfaces, trademarks, logos, and documentation, is owned by MixerBox or its licensors and is protected by intellectual property and other laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. No other rights or licenses are granted, whether expressly or by implication.

11. Feedback

If you provide feedback, suggestions, or ideas regarding the Service, you agree that such feedback is non-confidential and grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate it for any purpose without compensation or attribution.

12. Indemnification

You agree to indemnify, defend, and hold harmless MixerBox, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your Inputs or Outputs; (c) your violation of these Terms or any applicable law; or (d) your violation of the rights of any third party.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OUTPUTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MIXERBOX OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

15. Termination

You may stop using the Service and request account deletion at any time by contacting us. We may suspend, restrict, or terminate your access to the Service at any time, with or without notice, for any breach of these Terms or for any other reason permitted by law. Upon termination, the licenses granted to you cease, and provisions that by their nature should survive termination, including Sections relating to content licenses, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

16. Governing Law

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will, except as provided below, be resolved through binding individual arbitration administered by a recognized arbitration body in Santa Clara County, California, in accordance with its then-current rules. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND MIXERBOX EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

You may opt out of this arbitration provision by sending written notice to cloud@mixerbox.com within thirty (30) days after first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, and either party may bring an individual action in small claims court if it qualifies.

18. Miscellaneous

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and MixerBox regarding the Service and supersede any prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of such right or provision. You may not assign or transfer these Terms or your rights without our prior written consent; we may assign these Terms in our discretion without restriction. Notices to you may be delivered through the Service or by email. These Terms do not create any agency, partnership, joint venture, or employment relationship.

19. Contact

Questions about these Terms may be directed to cloud@mixerbox.com.