Table of Contents

Terms of Use

Version: 1.2
Effective date: December 26, 2025
Previous last update: October 5, 2025

Welcome to AIVAX. These Terms of Use ("Terms") govern your access to and use of our AI inference services, APIs, website, and any associated software (collectively, the "Services").

By creating an account, accessing, or using our Services, you ("AIVAX Account Manager") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

1. Definitions

  • AIVAX: The company providing the services.
  • AIVAX Account Manager: The natural or legal person who creates and manages an account on the AIVAX platform and agrees to these Terms.
  • Input Content: The data, text, prompts, or any other information that the AIVAX Account Manager sends to the Services for processing.
  • Generated Content: The responses, text, images, or any other data generated by the AI models as a result of processing the Input Content.
    • (Terminology Mapping): In the Privacy Policy, "Inference Data" jointly covers Input Content and Generated Content; "Conversations" represent aggregated sequences of these interactions.

2. Use of Services and Responsibilities

2.1. Responsible Use and Conduct

You agree to use AIVAX Services ethically and responsibly. It is strictly prohibited:

  • System Abuse: Engaging in activities that abuse, interfere with, disrupt, or harm the Services, our servers, or networks. This includes, but is not limited to, sending an excessive volume of requests that could be characterized as a denial‑of‑service (DoS) attack, attempting to find and exploit vulnerabilities, or trying to access unauthorized areas of the system.
  • Inappropriate Behavior: Using the Services to harass, threaten, defame, deceive, or violate the legal rights and dignity of third parties. AIVAX values a healthy technological environment and will not tolerate conduct that could reasonably be interpreted as malicious or abusive.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

  • Brazilian and International Laws: You agree not to use the Services to create or disseminate Generated Content that violates any law in force in Brazil or relevant international jurisdictions. This includes, but is not limited to, laws on copyright, intellectual property, defamation, hate speech, terrorism, and child exploitation.
  • Internet Civil Framework and LGPD: Your use must respect the principles established by the Marco Civil da Internet (Law No. 12.965/2014) and the General Data Protection Law (LGPD – Law No. 13.709/2018).

The AIVAX Account Manager is the controller of the data entered into the Services. If Input Content includes personal data of third parties, you represent and warrant that:

  • You Have the Appropriate Legal Basis: You have obtained the necessary legal basis (such as the explicit and informed consent of the data subject) to collect, process, and send this data to AIVAX for inference purposes.
  • Full Responsibility: You are the sole and exclusive party responsible for complying with all LGPD obligations regarding this data, including responding to data‑subject requests. AIVAX acts only as a processor of this data under your instructions.

2.4. Eligibility

To use AIVAX services, you must be legally capable, i.e., at least 18 years old or 16 years old if emancipated. By using our services, you represent that:

  • you have not been suspended, removed, or banned from our service previously;
  • your account is linked to a person without debts and in compliance with local laws and regulations;
  • you meet the minimum age required to use our services.

If you are using our services on behalf of another person, organization, or company, you assume that such entity has all necessary responsibility for its actions and accepts these terms of use.

2.5. Balance, Credits, and Refunds

To use most AIVAX services, prepaid balance ("credits") must be added to your account. By using our services, you agree that:

  • Our payment providers may collect and store deterministic data about you, such as physical addresses, payment data (e.g., credit cards), and any information required for billing the balance addition. This information is not linked to or used by AIVAX and is the responsibility of our payment partners.
  • Before paying for credits, you can view the service fees charged by AIVAX in advance and refuse to pay them, preventing balance addition.
  • Credits added expire one year after addition. After that period, the expired credit will no longer count toward your account balance.

Refund Policy: In accordance with Art. 49 of the Consumer Defense Code (Law No. 8.078/1990), you may exercise the right of withdrawal within 7 (seven) calendar days from the date of balance addition, requesting a refund via [email protected]. From the refundable amount, the following will be deducted:

  • The costs corresponding to computing services (inferences, processing) and storage (RAG data, vectors, memories) actually consumed up to the request moment;
  • The payment provider’s service fees, which are non‑refundable.

The refund will be processed using the same payment method within up to 15 (fifteen) business days after approval. The remaining balance in the account will be deducted or zeroed.

Data Deletion for Non‑Payment: Storing data (RAG Collections, Embedding Vectors, and User Memories) incurs continuous costs for AIVAX. If your account balance remains negative or zero for more than 30 (thirty) consecutive days, AIVAX reserves the right to permanently and irreversibly delete all stored data associated with your account, including RAG documents, vectors, and user memories, to stop operational costs. The account itself (login credentials and transaction history) will remain active to allow future credit top‑ups, but the mentioned data cannot be recovered after deletion. We strongly recommend that you regularly export your data and keep a positive balance to avoid loss of information. AIVAX will notify the registered email at least 7 (seven) days in advance before proceeding with data deletion.

3. Generated Content and Intellectual Property

3.1. Ownership and Responsibility for Generated Content

Subject to these Terms, AIVAX grants you all rights, titles, and interests in the Generated Content. In other words: what you create is yours.

Consequently, you are the sole and exclusive party responsible for the Generated Content and its subsequent use. You assume all risks associated with it, including legality, accuracy, suitability, and possible third‑party rights infringements. AIVAX bears no responsibility or obligation for how you use the Generated Content.

Non‑Exclusivity and Similarity: Due to the statistical nature of the models, semantically or textually similar content may be generated for different users without cross‑access to the original inputs. We do not guarantee absolute exclusivity of expressions or ideas resulting from the models. You do not acquire any rights to model weights, internal prompts, techniques, or AIVAX trade secrets.

Limited License Granted to AIVAX: By submitting Input Content, you grant AIVAX a worldwide, non‑exclusive, royalty‑free license limited to what is necessary to (i) process inferences; (ii) maintain technical logs and security; (iii) detect abuse; (iv) comply with legal obligations. We do not use Input Content or Generated Content to train proprietary models.

High‑Risk Sectors: Generated Content must not be used as the sole basis for medical, legal, financial, critical safety engineering, or any context that could generate significant physical or financial risk without qualified human validation.

3.2. Adult, Explicit, and Sensitive Content

AIVAX is a tool and, as such, can be used to generate a wide range of content. Generation of explicit, adult, or pornographic content is permitted, provided the following conditions are strictly observed:

  1. Full Responsibility: You assume total and complete responsibility for creating, storing, and distributing such material.
  2. Undeniable Legality: The material must never violate any applicable law, with zero tolerance for content that depicts or suggests child exploitation, non‑consensual violence, or any other form of illegal abuse.
  3. Consent: If the material involves representations of real people, you must have explicit and verifiable consent from those individuals to create and use their images for that purpose.
  4. Access Control: You are responsible for implementing your own access‑control and age‑verification mechanisms if you decide to make this content available to third parties.

AIVAX does not endorse this type of content and reserves the right to investigate and suspend accounts that violate the above conditions.

4. Third‑Party Model Providers and BYOK

4.1. Bring Your Own Key (BYOK) – Use of Own Keys

AIVAX offers the optional BYOK (Bring Your Own Key) functionality, allowing you to use your own API keys from external providers (such as OpenAI, Anthropic, Google, among others) for inferences. By opting for this functionality, you agree and acknowledge that:

  • Full Responsibility: You are the sole and exclusive party responsible for obtaining, custodial handling, management, and compliance of use of your own API keys. AIVAX has no control over the policies, usage limits, or terms set by the original providers of those keys.
  • Bans and Restrictions: AIVAX is not responsible for suspensions, bans, rate‑limit restrictions, service interruptions, or any other penalties applied by the original provider to your key. If your key is blocked or revoked, services that depend on it cannot be executed.
  • Peripheral Service Charges: Even if you use your own keys for inferences, AIVAX peripheral services — including, but not limited to, data storage, RAG processing, vector management, user memories, agent orchestration, and auxiliary tools — continue to be charged against the credit balance of your AIVAX account, according to current pricing.
  • Ethical and Legal Use: Using your own keys does not exempt you from the obligations set out in these Terms, including legal compliance, abuse prohibition, and adherence to acceptable‑use policies.

4.2. Third‑Party Models Provided by AIVAX

AIVAX Services may route your Input Content to AI models operated by third parties. When using a specific model, you may also be subject to that model provider’s terms of use. It is your responsibility to review and comply with such terms. AIVAX is not liable for third‑party providers’ policies or practices.

5. Suspension and Termination

AIVAX reserves the right to suspend, terminate, or ban your access to our services, at its sole discretion and without prior notice, for any violation of these terms. Activities that may lead to suspension include, but are not limited to, legal‑compliance violations, system abuse, or non‑payment. Suspensions may be temporary or permanent, depending on the severity of the breach.

6. Limitation of Liability and Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AIVAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

UNDER NO CIRCUMSTANCES WILL AIVAX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES.

GENERATED CONTENT MAY CONTAIN INACCURACIES, OMISSIONS, OR “HALLUCINATIONS” AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY; THE USER IS RESPONSIBLE FOR HUMAN VERIFICATION BEFORE ANY CRITICAL USE.

7. Indemnification

You agree to indemnify, defend, and hold harmless AIVAX, its affiliates, administrators, collaborators, and partners from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) resulting from: (i) Input Content; (ii) misuse of the Services; (iii) breach of these Terms or applicable law; (iv) infringement of third‑party intellectual property, privacy, or personality rights; (v) improper use or exposure of API keys issued to your account.

8. Termination and Post‑Termination

We may terminate or suspend access to the Services (in whole or in part) if: (i) there is a breach of these Terms; (ii) a security risk; (iii) a legal requirement; (iv) repeated non‑payment; (v) abuse or fraud. After termination: (a) your access and keys may be deactivated immediately; (b) you may request export of available data (when the functionality exists) within 15 days; (c) data will be deleted or anonymized in accordance with the Privacy Policy, subject to legal obligations and rights defense; (d) outstanding amounts remain payable.

9. Force Majeure

No party will be liable for performance failures or delays caused by events beyond its reasonable control, including, but not limited to, natural disasters, governmental actions, widespread internet infrastructure failures, massive cyber‑attacks, pandemics, wars, or broad power outages. Payment obligations are not discharged by consummated force‑majeure events.

10. Export Controls and Sanctions

You represent that you are not located in, nor acting on behalf of, any entity or person subject to sanctions or trade restrictions imposed by Brazilian or international authorities, including, but not limited to:

  • Trade restriction lists maintained by the Brazilian Government;
  • United Nations (UN) economic sanctions;
  • Specially Designated Nationals (SDN List) and other sanctions lists maintained by the OFAC (Office of Foreign Assets Control) of the U.S. Department of the Treasury, considering that AIVAX uses infrastructure and providers based in the United States.

You will not use the Services for purposes prohibited by export, anti‑corruption, or anti‑terrorism laws. Breach of this clause may result in immediate suspension or termination of your account without refund rights.

11. Confidentiality and Credential Security

You must keep API keys, tokens, and credentials associated with your account confidential, implementing appropriate access controls. Any activity performed with your credentials will be presumed authorized by you until a compromise is reported. You commit to promptly notify AIVAX of any suspected unauthorized use.

12. Feedback and Improvements

Any comments, suggestions, ideas, or feedback you provide may be freely used by AIVAX to improve or develop products and services, without any obligation of compensation, credit, or additional confidentiality.

13. Beta Features and Model Discontinuation

Features identified as “Beta”, “Experimental”, or equivalent may be unstable, exhibit behavior changes, or be removed without notice. We may discontinue models or adjust technical limits (latency, throughput, quotas) for performance, cost, compliance, or security reasons.

14. Takedown Procedure

If you believe any output or use of the Services infringes copyright, trademark, or other rights, send a notice to [email protected] containing: (i) precise identification of the material; (ii) basis of the claim; (iii) your contact information; (iv) a statement of good faith and truthfulness. We may remove or limit access preemptively and terminate repeat‑offender accounts.

15. Assignment

You may not assign or transfer these Terms without prior written consent from AIVAX. AIVAX may assign these Terms, in whole or in part (including in corporate transactions, mergers, acquisitions, or reorganizations), upon simple notice.

16. Survival

The following provisions survive termination: Intellectual Property, Limitation of Liability, Indemnification, Confidentiality, Termination (post‑termination obligations), Assignment, Governing Law and Jurisdiction, and any others that by their nature must persist.

17. Entire Agreement

These Terms, together with the Privacy Policy and any expressly referenced additional documents, constitute the entire agreement between you and AIVAX, superseding any prior understandings or communications regarding the subject matter.

18. Notices

Formal notices may be delivered via: (i) registered email; (ii) notices on the dashboard; or (iii) publication on the official Terms page. A notice sent by email is considered received after 24 hours of sending, unless a proven technical error occurs.

19. Price and Limit Updates

We may adjust prices, billing models, usage limits, or quota policies. Material changes affecting future costs will be communicated with reasonable advance notice (unless required by law or emergency). Continued use after the changes take effect implies acceptance.

20. Language

This Portuguese version prevails over any translation provided solely for convenience.

21. Modifications to the Terms

We may modify these Terms at any time. We will notify you of changes by publishing an updated version or sending electronic communication. Material changes may require additional acceptance or may result in usage interruption if you do not agree. Continued use after the effective date of the changes constitutes acceptance.

22. General Provisions

These Terms are governed by the laws of the Federative Republic of Brazil. The court of the County of São Paulo, State of São Paulo, Brazil, is elected to resolve disputes, with a waiver of any other jurisdiction, however privileged. The possible invalidity of any clause does not affect the validity of the remaining provisions.

For any questions about these Terms of Use, contact: **[email protected]**.

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