Terms of Service

These Terms of Service (the "Terms") are entered into between Oracium Systems Ltd., a company registered in the Turkish Republic of Northern Cyprus with registered office in Kyrenia, Northern Cyprus ("Oracium", "we", "our", "us"), and the person or entity accessing or using the Services ("Customer", "you", "your"). By creating an account, generating an API key, or otherwise accessing the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Definitions

"Services" means the Oracium application programming interface, dashboard, software development kits, documentation, and any related online services provided by Oracium. "Customer Content" means prompts, files, parameters, configuration data, and any other content you submit to the Services. "Output" means the data, media, or files generated by the Services in response to Customer Content. "Models" means third-party or first-party machine-learning models made available through the Services. "Documentation" means the technical documentation published by Oracium at oracium.io/docs.

2. Accounts and access

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity occurring under your account. You must notify us promptly at security@oracium.io of any unauthorized use of your credentials. You may not share, sublicense, transfer, or resell access to your account or API keys without our prior written consent.

3. Acceptable use

You agree not to use the Services to:

• violate any applicable law, regulation, or third-party right, including intellectual property and privacy rights;
• generate, distribute, or facilitate the creation of child sexual abuse material, non-consensual sexual content, or content that sexualises minors;
• create deepfakes or synthetic media intended to deceive, defame, harass, intimidate, or impersonate any natural person without their explicit consent;
• generate content that promotes terrorism, mass violence, self-harm, or the manufacture of weapons capable of mass casualties;
• generate disinformation about elections, public-health emergencies, or other matters of public concern with intent to mislead;
• circumvent rate limits, content filters, safety classifiers, authentication, or any other technical measure of the Services;
• reverse-engineer, decompile, or derive the underlying weights, architecture, or training data of any Model;
• use the Services or Output to develop or train any competing artificial-intelligence model or service.

We may suspend or terminate access immediately and without prior notice for any breach of this Section 3. Additional restrictions imposed by upstream Model providers are incorporated by reference and available in the Documentation.

4. Customer Content and Output

As between the parties, you retain all right, title, and interest in and to Customer Content. You hereby grant Oracium a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, and display Customer Content solely as necessary to provide, secure, and improve the Services and to comply with law. Subject to the applicable Model provider's licence and Section 3, Oracium assigns to you all of its right, title, and interest in the Output. You acknowledge that Output may be similar to or identical to output generated for other customers and that Oracium makes no representation that Output is unique, accurate, or non-infringing.

Oracium does not use Customer Content or Output to train foundation Models. We may use aggregated, de-identified telemetry (such as latency, error rates, and request shapes) to operate and improve the Services.

5. Fees and billing

The Services are billed on a usage basis as set out on oracium.io/#pricing or in an applicable Order Form. Fees accrue per successful API request and are invoiced monthly in arrears, denominated in United States dollars (USD), exclusive of taxes. Undisputed invoices are due within thirty (30) days of receipt. Late amounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. You authorise Oracium to charge your nominated payment method for all fees due. Except where required by law, all fees are non-refundable.

6. Service levels and support

Oracium uses commercially reasonable efforts to maintain monthly uptime of 99.9% for the production API endpoints, excluding scheduled maintenance and force-majeure events. Service-credit remedies, if any, are set out in the applicable Order Form and are your sole and exclusive remedy for any failure to meet a service level. Standard support is provided via email and the public status page; enhanced support tiers are available on request.

7. Confidentiality

Each party may disclose to the other ("Recipient") information that is marked or reasonably understood to be confidential ("Confidential Information"). The Recipient shall use Confidential Information only to perform under these Terms, protect it with at least the same degree of care it uses for its own confidential information (and in any event no less than a reasonable standard of care), and not disclose it to any third party except to its personnel and advisers bound by similar obligations. This Section does not apply to information that is publicly available, independently developed, or received from a third party without restriction.

8. Intellectual property

Oracium and its licensors retain all right, title, and interest in and to the Services, including all software, Models, documentation, and trademarks. No rights are granted other than those expressly stated in these Terms. Feedback you provide is licensed to Oracium on a perpetual, irrevocable, royalty-free basis.

9. Warranties and disclaimers

Each party warrants that it has full power and authority to enter into these Terms. EXCEPT AS EXPRESSLY SET OUT HEREIN, THE SERVICES AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE FITNESS OF ANY OUTPUT FOR YOUR USE CASE AND FOR HUMAN REVIEW WHERE APPROPRIATE.

10. Indemnification

You will defend, indemnify, and hold harmless Oracium and its affiliates, officers, employees, and agents from and against any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or related to (a) your Customer Content, (b) your use of the Services or Output in violation of these Terms or applicable law, or (c) your breach of any representation, warranty, or covenant in these Terms.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO ORACIUM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

12. Term and termination

These Terms commence when you first access the Services and continue until terminated. Either party may terminate for convenience on thirty (30) days' written notice. Either party may terminate immediately on written notice if the other party materially breaches these Terms and fails to cure within fifteen (15) days. Upon termination, your right to access the Services ceases, and Sections 4 (last sentence), 5, 7, 8, 9, 10, 11, and 13–15 survive.

13. Export controls and sanctions

You represent that you are not located in, and will not use the Services from, any country or region subject to comprehensive trade sanctions, and that you are not a person with whom dealings are prohibited under applicable export-control or sanctions laws.

14. Changes to the Services or Terms

We may modify the Services or these Terms from time to time. Material changes will be notified at least thirty (30) days in advance by email or in-product notice. Your continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the Turkish Republic of Northern Cyprus, without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the competent courts of Kyrenia, Northern Cyprus, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual-property rights.

16. Miscellaneous

These Terms, together with any Order Form and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements on the subject. If any provision is held unenforceable, the remaining provisions remain in full force. Neither party may assign these Terms without the other's prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets. Notices to Oracium must be sent to legal@oracium.io with a copy to our registered office below.

Contact

Oracium Systems Ltd.
Kyrenia, Turkish Republic of Northern Cyprus
Email: legal@oracium.io