1.1. These API Terms and Conditions (T&C) govern the use of the developer platform, the API dashboard, and the programming interfaces ("API") provided under the domain api.xprivo.com by Restoflix S.a r.l.-s, headquartered in Luxembourg (hereinafter "we" or "xPrivo").
1.2. By topping up funds or creating an API account, you (the "Developer" or "User") agree to these T&C. Deviating or conflicting conditions of the User shall not apply unless xPrivo has expressly agreed to their validity in writing.
1.3. Agreement Documents: The complete binding agreement (the "Terms") consists of this main body of Terms and Conditions, alongside the Data Processing Agreement ("DPA") and the Service Level Agreement ("SLA"). Intended primarily for enterprise and business users, both the DPA and SLA become legally valid and binding parts of this Agreement only upon formal execution and signature by both parties. All respective documents are publicly accessible on the xPrivo website: https://api.xprivo.com or it can be requested by contacting support via e-mail.
2.1. xPrivo provides an OpenAI-compatible European AI API interface. This service enables developers to integrate various open-source AI models into their own applications.
2.2. Account Creation: Opening an API account does not require a personal email address. An account is generated automatically when the User makes an initial prepaid top-up. Upon successful top-up, the User receives a unique secret identifier (Dashboard Key) to access the API management dashboard.
2.3. Dashboard Capabilities: The API dashboard allows the User to view their token usage, manage API keys, top up funds, and block or enable access to specific AI models.
2.4. Account Information Accuracy: To utilize the Service, you must register and create an account. You agree to provide true, accurate, and complete information during registration and to maintain the accuracy of this data throughout the term of this Agreement. Should you provide inaccurate, incomplete, or fraudulent information, xPrivo reserves the right to suspend and/or terminate your access to the Service in accordance with Section 10.
3.1. Strict Confidentiality of the Dashboard Identifier: The unique secret identifier granted for logging into the API dashboard acts as the master administrative key. The User must ensure it is stored securely and never shared with anyone, not even with employees. Any individual in possession of this identifier has full administrative access to the account, billing information, and the ability to view or generate API keys.
3.2. API Key Usage and Delegation: The User generates individual API keys within the dashboard to authenticate API calls. The User may share these API keys with authorized employees for development purposes, but the User is solely responsible for ensuring these employees do not abuse the key.
3.3. Financial Liability for Usage: The User is fully and unconditionally financially responsible for all usage, requests, and token consumption incurred via their API keys. This applies explicitly even if an API key is leaked, stolen, embedded accidentally in public repositories, or misused by third parties.
3.4. Breach Notification Duty: In the event of an API key leak, a data breach, or suspicion of unauthorized access, the User must contact xPrivo immediately to deactivate the affected key and stop further usage. However, the User remains liable for all costs accrued prior to the deactivation.
4.1. Responsibility for Content: The User is fully responsible for all inputs (prompts) sent to the API, as well as for the outputs generated and displayed within their own applications.
4.2. Prohibited Actions: The User is strictly prohibited from using the API for the following purposes:
4.3. Development Restrictions (No AI Training): The User is expressly prohibited from using any outputs generated by the xPrivo API (including texts, code, data, or embeddings) to train, fine-tune, or improve any competing artificial intelligence model or machine learning algorithm.
4.4. Indemnification: The User indemnifies xPrivo against all third-party claims (including legal and court costs) asserted against xPrivo resulting from the User's violation of these acceptable use policies or from the end-users of the Developer's applications.
5.1. Rate Limits: To ensure the stability of the API for all users, xPrivo enforces strict rate limits. These limits are calculated per user account and may include thresholds for:
5.2. Visibility and Upgrades: Current rate limits and thresholds are transparently displayed in the User's API dashboard. Users who require higher capacity can increase their rate limits by upgrading their account tier or contacting our support team.
5.3. Prohibition of Workarounds: The User is strictly prohibited from creating multiple accounts, rotating IP addresses, or employing any other workarounds to bypass the established rate limits.
5.4. Right to Throttle and Suspend: xPrivo reserves the right to throttle, rate-limit, or temporarily suspend API access at any time and without notice if a User's request volume threatens to overload our infrastructure or degrades the performance of the service for other users.
6.1. Prepaid System and Positive Balance: The API operates on a strict prepaid (top-up) basis. To utilize the Service, you must maintain a positive credit balance on your Account at all times. It is your sole responsibility to ensure sufficient credits are deposited to cover all service fees associated with your API usage.
6.2. Deduction of Funds and Zero Balance: Usage costs (calculated based on input tokens, output tokens, and the specific model used) are dynamically subtracted from your existing prepaid funds. If your credit balance is depleted (reaching a zero or negative balance), xPrivo reserves the right to immediately suspend your use of the Service until the account is sufficiently replenished.
6.3. No Refunds or Payouts: Topped-up funds are strictly non-refundable. Under no circumstances can unused account balances be paid out, transferred, or withdrawn to a bank account or credit card. (e.g., if a User tops up €5 and later ceases development with €5 remaining, this amount cannot be refunded).
6.4. Taxes: All top-up amounts and prices stated are exclusive of the statutory value-added tax (VAT) unless explicitly stated otherwise during the checkout process.
7.1. Data Sovereignty: xPrivo utilizes exclusively data sovereign European partners to host our open-source AI models.
7.2. Data Retention and Usage Metrics: For the purposes of service provisioning, performance optimization, system improvements, and accurate billing, we collect abstract metadata. This data may include detailed service logs, API request metadata (e.g., HTTP calls, status codes, timestamps), compute resource token counts, inference token input and output volumes for LLMs, and user-defined parameters.
7.3. Zero-Log Policy and Exclusions: We enforce a strict no-log policy regarding content. For the avoidance of doubt, neither xPrivo nor our EU hosting partners will ever log, store, or persist any of the actual prompt content submitted as model input, nor any of the output content generated by the hosted LLMs.
8.1. Should you integrate or utilize third-party products in connection with the Service, you are solely responsible for complying with the contractual and licensing terms of those respective third parties. xPrivo is responsible only for the provisioning of its own Service. Third-party offerings are provided by independent entities and are governed by their own agreements; xPrivo assumes no liability or obligation regarding third-party products or their usage, regardless of whether they are linked to or interact with our Service.
9.1. "As Is" Provision: The API is provided "as is" and "as available". xPrivo does not warrant uninterrupted availability, error-free operation, or exact response times.
9.2. No Guarantee for AI-Generated Content: xPrivo assumes no warranty for the outputs generated by the models. The AI may hallucinate, invent facts, or generate incorrect or outdated information. The User integrates these outputs into their applications entirely at their own risk and must implement their own filtering and verification mechanisms.
9.3. Exclusion of Indirect Damages: Neither Party shall be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, sales or business, loss of anticipated savings, loss of goodwill or reputation, loss of use or corruption of software or data, or the costs of procuring substitute third-party goods or services.
9.4. Liability Cap: xPrivo’s maximum aggregate liability arising under or in connection with this Agreement shall be strictly limited to an amount equal to the total service fees paid by the User to xPrivo during the six (6) months immediately preceding the event giving rise to the liability (the "Liability Cap").
9.5. DPA Liability Cap: Notwithstanding the aforementioned, xPrivo's maximum liability for damages caused by a breach of the Data Processing Agreement (DPA) shall be expressly limited to two (2) times the Liability Cap.
9.6. Exceptions: The above limitations of liability shall not apply to damages resulting from intentional misconduct or gross negligence, nor to any liability which cannot be lawfully excluded under applicable statutory law.
9.7. Claims Period: To be valid and enforceable, the User must formally present any claims for damages within six (6) months following the occurrence of the event giving rise to the claim.
10.1. Termination by User: You may terminate your account and this Agreement at any time by contacting our team at data@xprivo.com. Upon termination, you retain the right to request the deletion or return of your Personal Data in accordance with the stipulations of the DPA.
10.2. Suspension and Termination by xPrivo: We reserve the right to immediately suspend or permanently terminate your access to the Service, block API keys, and close your account if you breach these Terms, the Acceptable Use Policy, or any applicable law. Where practicable and appropriate, xPrivo will provide reasonable notice prior to executing a suspension or termination.
10.3. No Refund upon Termination: In the event an account is suspended or terminated due to a violation of these T&C, the User forfeits any remaining prepaid balance. A refund of unused funds will not be granted under any circumstances.
11.1. xPrivo provides technical and administrative assistance via the following support channels:
12.1. xPrivo reserves the right to amend these T&C at any time to adapt them to changed legal, economic, or technical frameworks.
12.2. Users will be informed of changes via a notice in the API dashboard or on the website. Continued use of the API after the updated T&C take effect constitutes acceptance of the new terms.
13.1. The laws of the Grand Duchy of Luxembourg apply exclusively.
13.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permitted, Luxembourg City.
13.3. Severability Clause: Should individual provisions of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision and is legally permissible.