These terms are an agreement between you and TRIXY INC, a Delaware corporation ("VAKYN", "we", "us"). They cover the website at vakyn.com, the console, and the hosted VAKYN API (together, "the Service"). By creating an account, using an API key or otherwise using the Service, you accept them. If you use the Service for a company or other organization, you accept them for that organization and confirm you are allowed to.
The open-source parts of VAKYN are not covered here. The open-server code is licensed under MIT and the model weights under Apache-2.0; when you download and run them yourself, those licenses apply instead.
1. Accounts and organizations
- You must be at least 18 and able to form a binding contract.
- You sign in with Google, GitHub or X. Keep that account secure; what happens under your login is your responsibility.
- Work in VAKYN happens inside organizations. Every account gets a personal organization, and you can create more and invite people. The owner of an organization controls its members, API keys and balance, and is responsible for what its members and keys do.
- Give us accurate details and keep your email address current, because that is where we send receipts and notices.
2. The Service
VAKYN answers typed questions about documents you send (yes/no, choice and score), each with a probability distribution. The hosted version is called VAKYN MAX. We may change, add or remove features and models. When a change removes something you rely on, we will tell you in advance where we reasonably can.
Parts of the Service may be marked preview or beta. They are offered as they are and may change or stop without notice.
3. Your content
- Inputs are the documents, questions and other data you send. Outputs are the answers the Service returns. As between you and us, you own your inputs and outputs.
- You give us permission to process inputs only to run the Service for you, keep it secure, and meet the law.
- We do not use your inputs or outputs to train or improve models unless your organization agrees to it in writing.
- You confirm you have the rights and any consents needed to send your inputs to us, including personal data about other people.
4. How outputs should be used
Outputs are predictions. Each one comes with a probability so you can decide when to trust it, but any answer can be wrong. You are responsible for how you use outputs and for decisions made with them. Do not use the Service as the only basis for a decision that has legal or similarly significant effects on a person; keep a person in the loop for those. The Acceptable Use Policy sets out what is not allowed.
5. Balance, prices and payment
- The Service is prepaid. Each organization has a balance in US dollars. Calls to the hosted API are charged against it per input token at the price on our website when the call is made. Output tokens are free.
- You top up through Stripe. We do not see or store your full card number.
- When the balance reaches zero, calls are refused until you top up. We do not charge a negative balance.
- Promotional credit (the first top-up match, coupons, and credit we grant) has no cash value, cannot be transferred or refunded, and may carry an expiry date shown when it is given. Promotional credit is spent before purchased balance.
- Purchased balance does not expire while the account is open. Top-ups are not refundable except where the law requires it or where we closed your account without cause (section 9), in which case we refund the unused purchased balance.
- Prices exclude taxes. Where tax applies, Stripe calculates it at checkout and it appears on your receipt.
- We may change prices with at least 30 days' notice by email. The new price applies to calls made after it takes effect.
6. API keys and limits
API keys belong to an organization. Keep them secret; calls made with your keys are charged to your organization. Revoke a key in the console as soon as you think it has leaked. We may apply rate limits and other technical limits to keep the Service available for everyone.
7. Our property
We own the Service, its software, the hosted models as we run them, and the VAKYN name and marks, except the parts released under open-source licenses. These terms do not give you rights in them beyond using the Service. If you send us feedback, we may use it without obligation to you.
8. Other services
The Service relies on others, including Google, GitHub and X for sign-in and Stripe for payment. Their own terms apply to your use of them, and we are not responsible for them.
9. Suspension and ending
- You can stop using the Service and delete your account at any time from the console.
- We may suspend or close an account, organization or key if it breaks these terms or the Acceptable Use Policy, puts the Service or other users at risk, or if the law requires it. Where it is reasonable, we warn you first and give you a chance to fix the problem.
- We may also close an account without cause with 30 days' notice, and then refund the unused purchased balance.
- Sections 3, 4, 7 and 10 to 14 continue after the agreement ends.
10. Disclaimers
Apart from what these terms say, the Service is provided "as is" and "as available". To the extent the law allows, we make no other warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of outputs, or uninterrupted service.
11. Limitation of liability
To the extent the law allows:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible; and
- our total liability for all claims about the Service is limited to the greater of (a) the amount your organization paid us in the 12 months before the claim arose and (b) US$100.
These limits do not apply where the law does not allow them to.
12. Indemnity
You will defend and indemnify TRIXY INC against third-party claims, and the resulting losses and reasonable legal costs, that arise from your inputs, your use of outputs, or your breach of these terms or the Acceptable Use Policy.
13. Disputes
- Talk to us first. Email us and give us 30 days to resolve the problem informally.
- Arbitration. If it is not resolved, any dispute about these terms or the Service will be settled by binding individual arbitration administered by JAMS under its rules, except that either party may bring an individual claim in small-claims court, or ask a court to stop infringement of intellectual property.
- No class actions. Claims are brought individually, not as a plaintiff or class member in a class or representative action, and you and we both give up the right to a jury trial.
- Opting out. You can opt out of arbitration within 30 days of first accepting these terms by emailing us with your name, account email and a clear statement that you opt out.
- Law and courts. These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Any matter not sent to arbitration goes to the state and federal courts in Delaware.
14. General
- Changes to these terms. We will email you at least 30 days before a material change takes effect. If you keep using the Service after that, the new terms apply.
- Entire agreement. These terms, the Privacy Policy and the Acceptable Use Policy are the whole agreement about the Service. A signed agreement with your organization takes precedence where it differs.
- Assignment. You may not transfer these terms without our consent. We may transfer them to a successor of our business.
- Severability and waiver. If a part is found unenforceable, the rest stays in force. Not enforcing a term is not a waiver of it.
- Force majeure. Neither party is liable for delays caused by events outside its reasonable control.
Contact
TRIXY INC · vali@vakyn.com