Terms of Service
RadixArk, Inc. (“RadixArk”, “we”, “us”, or “our”) has made these Terms of Service (the “Agreement”) available to explain the terms and conditions by which you may access and use (a) RadixArk's products and services, (b) www.radixark.ai and platform.radixark.ai, and (c) other related products and services that link to this Agreement (collectively, the “Platform”).
You must read this Agreement carefully as it governs your use of the Platform. By accessing or using the Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use our Platform and should not use our Platform.
For purposes of this Agreement, “you” or “your” means you as a user of the Platform. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
1. RadixArk Platform
1.1 Our Platform. RadixArk provides a platform where users can access and use different open source models and receive outputs from such models based on different queries, inputs, prompts, text, images, and other content you may upload or submit through the Platform. We are constantly improving the Platform.
1.2 Registration. In order to use certain portions of the Platform, you must register an account by providing us with your name, email, and other information requested in our registration form. You agree to provide us with complete and accurate registration information. Each user of the Platform may only have one account.
1.3 No Minors Permitted. Our Platform is not intended for minors under the age of 18. If you are a minor under the age of 18, please do not register for our Platform or send any personal information to us. If you have reason to believe that a minor under the age of 18 is using our Platform, please let us know immediately at support@radixark.ai.
1.4 Additional Policies. You agree and acknowledge that your use of the Platform is subject to our Privacy Policy available at radixark.ai/privacy.
2. Usage Requirements
2.1 Use of Platform. You may access, and we grant you a non-exclusive right to use, the Platform in accordance with this Agreement. You will comply with this Agreement and all applicable laws when using the Platform.
2.2 Content. You are responsible for all content you provide to the Platform and grant RadixArk a non-exclusive right to use such content to provide the Platform and as required to comply with applicable laws and enforce our policies. You retain ownership of all content you provide.
2.3 Similar Output. Due to the nature of machine learning, output may not be unique across users and the models provided in the Platform may generate the same or similar output for different users.
2.4 Third-Party Integrations. The Platform makes available certain third party models, applications and materials. RadixArk does not warrant or guarantee the functionality, availability, or reliability of any such third-party resources.
2.5 Feedback. If you provide any feedback to RadixArk, you hereby grant RadixArk the right to freely use such feedback to maintain, improve, and enhance RadixArk's current and future products, services and technologies.
2.6 Usage Data. RadixArk will not use your content to train any generative AI models. However, you agree that RadixArk will have the right to collect and analyze data relating to the access, use, and performance of the Platform in de-identified or aggregated form.
2.7 Platform Restrictions. You may not (i) use the Platform in a way that infringes any person's rights; (ii) reverse engineer any components of the Platform; (iii) use output from the Platform to develop models that compete with RadixArk; (iv) use any automated method to extract data from the Platform; or (v) use the Platform in violation of any applicable laws and regulations.
2.8 User Conduct. You represent and warrant that you will not upload content that is illegal, harmful, or violates any third-party rights, and that you will not interfere with or disrupt the Platform.
2.9 Confidentiality. You may use Confidential Information of RadixArk only as needed to use the Platform and may not disclose it to any third party.
3. Fees and Payments
3.1 Fees and Billing. To the extent the Platform is made available to you for a fee, you will pay all fees according to the prices and terms on the applicable pricing page. Payments are nonrefundable except as provided in this Agreement.
3.2 Taxes. Unless otherwise stated, fees do not include taxes. You are responsible for all taxes associated with your purchase.
3.3 Changes in Fees. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted.
3.4 Free Tier. RadixArk may make available a free tier of the Platform for non-commercial purposes only. RadixArk reserves the right to modify or discontinue your access to the free tier at any time without prior notice.
4. Term and Termination
4.1 Termination; Suspension. This Agreement takes effect when you first use the Platform and remains in effect until terminated. You may terminate this Agreement at any time by discontinuing use of the Platform. We may terminate this Agreement for any reason by providing you at least 30 days' advance notice.
4.2 Effect on Termination. Upon termination, you will stop using the Platform and promptly return or destroy any Confidential Information.
5. Mobile Services and Software
5.1 Mobile Services. The Platform includes certain services available via a mobile device. To the extent you access the Platform through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply.
6. Proprietary Rights
6.1 Platform. We and our affiliates own all rights, title, and interest in and to the Platform, including the underlying technology and intellectual property rights therein.
6.2 Trademarks. The RadixArk name and logos are trademarks and service marks of RadixArk. This Agreement does not grant you any license or right to use any RadixArk trademarks without our prior written permission.
6.3 Copyright Complaints. RadixArk respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify RadixArk's Copyright Agent at support@radixark.ai (Subject line: “DMCA Takedown Request”).
7. Indemnification, Disclaimer, and Limitations on Liability
7.1 Indemnity. You agree to defend, indemnify, and hold harmless RadixArk and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, and expenses arising from your access to or use of the Platform or your violation of this Agreement.
7.2 Disclaimer. THE PLATFORM IS PROVIDED “AS IS.” WE MAKE NO WARRANTIES WITH RESPECT TO THE PLATFORM AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.3 Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID US IN THE SIX MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00 USD).
8. Dispute Resolution By Binding Arbitration
8.1 Agreement to Arbitrate. You agree that any disputes or claims between you and RadixArk shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court.
8.2 Prohibition of Class Actions. YOU AND RADIXARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
8.3 Pre-Arbitration Dispute Resolution. RadixArk is always interested in resolving disputes amicably. Most concerns can be resolved by emailing support@radixark.ai. Written notice of a dispute should be sent to 195 Page Mill Road, Suite #107, Palo Alto, CA 94306.
8.4 Arbitration Procedures. Arbitration will be conducted by JAMS. JAMS's rules are available at www.jamsadr.com.
9. Miscellaneous
9.1 Entire Agreement. These terms constitute the entire agreement between you and us with respect to the subject matter hereof.
9.2 Assignment. You may not assign or transfer this Agreement without our prior written consent. We may freely assign or transfer this Agreement.
9.3 Modifications. We may amend this Agreement from time to time by posting a revised version on the website. Changes will become effective no sooner than 14 days after we notify you.
9.4 Governing Law. This Agreement will be governed by the laws of the State of California. You and RadixArk agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA.