Terms of Services

Dear AIPhi user, welcome to the AIPhi product and related services! To ensure a seamless and enjoyable experience, we've outlined the following Terms and Conditions. Please read them carefully, as they detail essential information and limitations on using our services. These Terms form a binding agreement between AIPhi ("AIPhi," "we," "us," or "Company"), and you, whether as an individual or on behalf of a company or team ("User," "Customer," or "You"). By accessing or using our services at www.aiphi.com and related sites (the "Sites"), you agree to be bound by these Terms, along with any supplemental terms, notices, policies, or signed agreements between the parties (collectively, the "Terms" or "Agreement"). Please note, we may update these Terms periodically. Changes take effect 10 days after being posted on the Site. By continuing to use the Services after this period, you accept the updated Terms.

Use of Our Services

When you create an account or use our Services, you confirm the following:

  • The information you provide is truthful and accurate.
  • Your use of the Services complies with all applicable laws and regulations.
  • You meet the legal age or capacity required to agree to these Terms.

We reserve the right to modify, suspend, or discontinue the Services, in whole or in part, at any time and without prior notice. AIPhi is not responsible for any consequences arising from such changes, including any impact on you or third parties.

Account Security

To ensure the security of your account:

  • Keep your account credentials confidential and secure.
  • Avoid sharing your credentials with third parties.
  • Notify us immediately if you suspect unauthorized access or a security breach.

You are solely responsible for any actions taken through your account.

Your Content

As a user of our Services, you are responsible for the content you post or share, ensuring it is:

  • Truthful, accurate, and not misleading.
  • In compliance with all applicable laws and regulations.
  • Free from infringement on any third-party rights.

Rights Granted to AIPhi and Other Users

By sharing content through our Services:

  1. AIPhi License: You grant us a worldwide, royalty-free, perpetual, sublicensable license to use, reproduce, display, distribute, and publish your content as permitted under these Terms and our Privacy Policy.
  2. Public Demos: If your content is set as public, other users are granted a non-exclusive, royalty-free license to interact with and create derivative works from your content through our platform.
  3. Unlisted Demos: Unlisted content will not appear in search results but can still be accessed and shared via the provided link.
  4. Licensed Content: Content under open-source or similar licenses retains its licensing terms during redistribution or use.

Services

a. Provision of Services: Subject to payment of all applicable fees, AIPhi grants the Customer a non-sublicensable, non-transferable, and non-exclusive right to access and use the Services under the terms of this Agreement and any Orders.

b. Orders: Each Order will specify any additional terms, including fees and other relevant conditions. Unless otherwise stated in the Order, the fees will be provided to the Customer prior to acceptance.

c. Platform Guidelines: The Customer agrees to comply with, and ensure that its Users comply with, the platform guidelines published above, incorporated by reference.

Fees and Payment Terms

a. Fees: The Customer agrees to pay AIPhi all fees associated with an Order, as specified in the Agreement. Fees are quoted in US dollars, and payments are non-cancelable and non-refundable, except as expressly stated otherwise in this Agreement.

b. Invoices and Payment: Fixed fees are due at the time of the order or as per the payment interval specified. By providing a payment method, the Customer authorizes AIPhi to charge recurring fees for the Services. If AIPhi cannot collect payment at the time of purchase, the Customer will be invoiced. Payments must be made within 30 days, and late payments may incur a finance charge.

c. Taxes: The Customer is responsible for paying all applicable taxes, assessments, or other governmental fees related to the provision of the Services, except those related to AIPhi's net income.

d. Credits: AIPhi may offer credits for the Services at its discretion. These credits are non-transferable, may only be used for future payments, and have no cash value. Credits may expire or be revoked at any time.

Service Level Agreement (SLA)

a. Availability Commitment

The Company guarantees a service availability of no less than 99% for the compute resources provided under this agreement. Availability is measured on a monthly basis, excluding scheduled maintenance and events beyond the Company's reasonable control.

b. Compensation for Downtime

In the event of a service outage that results in availability falling below the agreed-upon threshold, the Company will compensate the Client by providing compute credits on a 1:1 basis, calculated against the duration of the outage. These credits can be applied towards future usage of the Company's services.

c. Exclusions

The SLA does not apply to service interruptions caused by:

  • Client's misuse or unauthorized modifications to the service.
  • Events outside of the Company's reasonable control, including but not limited to force majeure events.
  • Scheduled maintenance, provided the Client is informed at least 48 hours in advance.

d. Claim Procedure

To claim compensation, the Client must submit a formal request within 30 days of the outage, providing detailed information about the incident. The Company will review the claim and apply the compute credits, if applicable, within 15 business days.

e. Limitation of Liability

The compensation outlined in this SLA, specifically the provision of compute credits, is the Client's sole and exclusive remedy for service outages or failures.

Limitation of Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES THAT AIPHI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AIPHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AIPHI'S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED THE AMOUNT PAID FOR THE SERVICE OR PRODUCT PROVIDED.

Contact Us

If you have any questions about these Terms of Service, please contact us at contact@ai-phi.com.