1. Acceptance
These terms apply to any commercial or business account on tAI, tCode, or the Artfical API. By creating a commercial account, your organization ("Customer") agrees to these terms in addition to the usage policy.
2. Definitions
- Services means tAI, tCode, and the Artfical API, as made available to Customer under a commercial account.
- Customer Data means data Customer or its authorized users submit to the Services, including conversation content and connector activity.
- Output means content generated by the Services in response to a request.
- Order Form means a document, online or signed, specifying the specific Services, fees, and term for Customer's account.
3. Accounts
Customer is responsible for the security of its own credentials and for actions taken under its account, including by employees and contractors it authorizes to use the Services.
4. Acceptable use
Use of the Services must comply with the usage policy, incorporated into these terms by reference.
5. API usage and rate limits
API access is subject to the rate limits described in the applicable documentation, set with abuse resistance in mind as well as capacity planning. Limits can be raised for verified, higher-trust use cases on request.
6. Fees and payment
Fees are usage-based and billed per the pricing published at the time of use, unless an Order Form specifies otherwise. Undisputed invoices are due within 30 days of the invoice date. Fees are exclusive of applicable tax, which Customer is responsible for except taxes on Artfical's net income.
7. Intellectual property
Artfical retains all rights in the Services, including tAI, tCode, and the underlying models. Subject to these terms, Customer retains rights in Customer Data and, except as required to provide the Services, in Output generated for it.
8. Confidentiality
Each party will protect the other's confidential information with the same care it uses for its own confidential information of similar importance, and at least reasonable care, and will use it only to perform under these terms.
9. Data protection
Where Customer Data includes personal data subject to the GDPR, UK GDPR, or a comparable law, the parties' respective data-protection obligations are set out in a data processing agreement available on request, incorporated into these terms once executed.
10. Warranties and disclaimers
The Services are provided as described in the applicable documentation. Except as expressly stated there, the Services are provided without warranties of any other kind, to the extent permitted by applicable law, including any implied warranty of merchantability or fitness for a particular purpose.
11. Indemnification
Artfical will defend Customer against a third-party claim that the Services, as provided by Artfical and used in accordance with these terms, infringe that third party's intellectual property rights, and will indemnify Customer against damages finally awarded, subject to prompt notice and Artfical's control of the defense.
12. Limitation of liability
Neither party's liability under these terms will exceed the amount paid for the Services in the twelve months preceding the claim, except for breaches of confidentiality or a party's indemnification obligations, to the extent permitted by applicable law. Neither party is liable for indirect, incidental, or consequential damages.
13. Term and termination
These terms remain in effect for the term specified in the applicable Order Form, renewing as specified there. Either party may terminate for the other's uncured material breach following 30 days' written notice. Artfical may suspend an account immediately for a confirmed violation of the usage policy, consistent with the enforcement framework described in the security docs.
14. Governing law
These terms are governed by the law specified in the applicable Order Form or, absent one, the law of the jurisdiction where Artfical is incorporated, without regard to conflict-of-law principles.
15. Changes to these terms
We may update these terms from time to time; material changes are announced at tai.artfical.com/announcements ahead of taking effect, and prior versions are preserved at version history.
See version history for prior versions of this document, and the other pages under Terms and policies in the footer below for related terms.