Effective: January 15, 2025
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the CristAI application programming interface ("API"), developer platform, associated software tools, documentation, and any related services (collectively, the "Services") provided by CristAI SAS ("CristAI," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy, all of which are incorporated by reference. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
2. Description of Services
CristAI provides machine learning models accessible via API, including but not limited to text generation, embedding, image generation, speech processing, content moderation, and fine-tuning capabilities. The Services allow developers to integrate these models into their own applications, products, and workflows.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any model, endpoint, or feature, with reasonable notice where practicable. We will make commercially reasonable efforts to notify you of material changes that may affect your use of the Services.
3. Account Registration & Security
To access the Services, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your API keys, account credentials, and any other authentication materials;
- All activities that occur under your account, whether authorized by you or not;
- Notifying us immediately of any unauthorized use of your account or any other breach of security;
- Ensuring that all individuals who access the Services through your account comply with these Terms.
We may suspend or terminate your account if we reasonably believe that your credentials have been compromised or that you have violated these Terms.
4. Usage Limits & Rate Throttling
Your use of the Services is subject to the usage limits and rate limits specified in your plan or as otherwise communicated to you. These limits may include, without limitation, the number of API requests per minute, per day, or per month; the maximum input or output token count per request; and the total compute resources allocated to your account.
We reserve the right to throttle, queue, or reject requests that exceed your allocated limits. Requests that exceed rate limits will receive an HTTP 429 response with a Retry-After header indicating when additional requests may be made.
5. Acceptable Use Policy
Your use of the Services must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. In addition to the restrictions set forth therein, you may not use the Services to:
- Develop, train, or improve any competing machine learning model using outputs from the Services;
- Reverse engineer, decompile, or disassemble any part of the Services;
- Use automated means to circumvent rate limits or access controls;
- Resell, redistribute, or sublicense access to the Services without our written consent;
- Use the Services in any manner that violates applicable law or regulation.
6. Intellectual Property Rights
The Services and all associated software, models, weights, documentation, and other materials are owned by or licensed to CristAI and are protected by intellectual property laws. Your use of the Services does not transfer any ownership interest in any CristAI intellectual property to you.
You retain all rights in your input data that you submit to the Services, subject to the licenses you grant to us in Section 7.
7. User Content & Input Data
You retain ownership of content you submit to the Services ("Input"). By submitting Input, you grant CristAI a worldwide, non-exclusive, royalty-free license to process, store (temporarily as necessary to provide the Services), and use that Input solely for the purpose of providing and improving the Services.
You represent and warrant that your Input does not violate any applicable law and that you have all necessary rights to submit such Input and grant the licenses described herein.
8. Model Output & Ownership
Subject to your compliance with these Terms and payment of all applicable fees, you receive a non-exclusive, worldwide license to use output generated by the Services in response to your Input ("Output") for any lawful purpose. CristAI does not assert ownership over Output.
However, Output may not be unique, and other users may receive similar or identical outputs. You acknowledge that you do not acquire any intellectual property rights in the underlying model, weights, or algorithms that generate the Output.
9. Payment & Billing
Certain Services require payment of fees as described on our pricing page or in your order form. All fees are quoted in euros unless otherwise specified and are exclusive of applicable taxes. You agree to provide accurate payment information and authorize us to charge the designated payment method for all fees incurred.
We reserve the right to change our pricing with 30 days' prior written notice. Price changes will take effect at the start of your next billing cycle. If you do not agree with a price change, you may terminate your account before the new pricing takes effect.
10. Term & Termination
These Terms remain in effect for as long as you use the Services. You may terminate your account at any time by contacting us or through your account settings. We may suspend or terminate your access to the Services immediately if you breach these Terms, engage in prohibited use, or if required by law.
Upon termination, your right to use the Services ceases immediately. Sections 7, 8, 11, 12, and 13 survive termination.
11. Disclaimers & Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any Output will be accurate, reliable, or free from bias. You are solely responsible for reviewing and validating all Output before relying on it.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRISTAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE THOUSAND EUROS (€1,000).
13. Governing Law
These Terms are governed by the laws of France, without regard to conflict of law principles. Any disputes arising out of these Terms shall be resolved exclusively in the courts of Paris, France, and you consent to the personal jurisdiction of such courts.
14. Contact
For questions about these Terms, please contact us at:
CristAI SAS
Legal Department
42 Avenue des Champs-Elysees, 75008 Paris, France
Email: legal@crist-ai.com
