服务条款 | Terms of Service

Terms of Service

Welcome, and thank you for your interest in XYV API, Inc. ("XYV API", "we", or "us") and our website at https://api.xyv.ai (the "Site"), along with our related websites, networks, applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and XYV API regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE XYV API PRIVACY POLICY (TOGETHER, THE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND XYV API WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 17 ("DISPUTE RESOLUTION AND ARBITRATION") FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH XYV API.

1. XYV API Service Overview

XYV API operates a large language model aggregator where users may use the Site to access third-party application programming interfaces ("APIs") to use a variety of generative artificial intelligence models ("AI Models"). XYV API may add or remove AI Models from the Service at any time.

2. Eligibility

You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are under 18 years of age, you must have the permission of a parent or guardian to use the Service. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

3. Account and Security

To use certain features of the Service, you may be required to register for an account. You are responsible for maintaining the security of your account, including protecting your password and API keys. You agree to be fully responsible for all activities that occur under your account, whether or not they are authorized by you.

You agree to notify XYV API immediately of any unauthorized use of your account or any other breach of security. XYV API will not be liable for any losses or damages caused by your failure to maintain the security of your account credentials.

4. Service Use Rules

You agree not to:

• Use the Service in any manner that could damage, disable, overburden, or impair the Service;
• Use any robot, spider, or other automated means to access the Service, unless explicitly permitted by us;
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;
• Use the Service to create, upload, or distribute illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content;
• Use the Service to infringe the intellectual property rights or other rights of others;
• Resell or redistribute our API services unless explicitly permitted in writing by us.

5. Payment and Refunds

Use of certain Service features may require payment. You agree to pay all fees associated with the Service plan you select. All payments are non-refundable unless expressly stated in these Terms or required by applicable law.

We may change our prices at any time. Price changes will take effect after we post the new prices and will apply to any renewals or new subscriptions that begin after the price change.

6. Intellectual Property

The Service and its original content, features, and functionality are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You retain all rights to content you create through our Service. By using the Service, you grant XYV API a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, copy, modify, create derivative works based on, distribute, publicly display, and perform the content you submit, post, or display through the Service, solely for the purpose of providing and improving the Service.

7. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. XYV API EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

XYV API DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES XYV API MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XYV API OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL XYV API'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID XYV API IN THE LAST TWELVE (12) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to defend, indemnify and hold harmless XYV API and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party.

10. Regional Restrictions

XYV API services are not available for use in mainland China. You acknowledge and agree that you will not use our services in mainland China, nor will you allow users from mainland China to access XYV API through your applications or services.

11. Changes to Terms

We reserve the right to modify these Terms at any time. The modified Terms will be effective upon posting on our Site. Your continued use of the Service will be deemed acceptance of the modified Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at:

XYV API, Inc.
Address: 1234 Market Street, Suite 100, San Francisco, CA 94103, USA
Email: terms@api.xyv.ai