Table of Contents

Terms of Use

Version: 1.3 Effective date: July 20, 2026 Previous last update: December 26, 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"). These Terms are not legal advice.

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: Data, text, prompts, files, messages, metadata, or any other information that the AIVAX Account Manager sends to the Services for processing.
  • Generated Content: Responses, text, images, files, or any other data generated by AI models or platform tools as a result of processing Input Content.
  • Conversations: Stored sequences of Input Content, Generated Content, metadata, model information, usage data, tools, and related technical information when conversation logging is enabled.
  • RAG Data: Collections, documents, document metadata, references, tags, and embedding vectors stored for retrieval-augmented generation.
  • Semantic Training Data: Account-deidentified eligible RAG and Reflex search content collected after the AIVAX Account Manager enables semantic data collection, as described in Data Collecting. Document indexing and storage are excluded.

In the Privacy Policy, "Inference Data" jointly covers Input Content and Generated Content.

2. Use of Services and Responsibilities

2.1. Responsible Use and Conduct

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

  • Abuse, interfere with, disrupt, overload, or harm the Services, servers, networks, or third-party integrations.
  • Attempt to bypass authentication, authorization, rate limits, billing controls, storage quotas, or security controls.
  • Probe, exploit, or disclose vulnerabilities without authorization.
  • Use the Services to harass, threaten, defame, deceive, or violate the rights and dignity of third parties.
  • Store, generate, or distribute illegal content, malware, or rights-infringing material.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including Brazilian law, international obligations that apply to your use case, intellectual property rules, privacy rules, and sector-specific rules.

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), where applicable.

2.3. Personal Data

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

  • You have the appropriate legal basis to collect, process, and send that data to AIVAX for the configured purpose.
  • You are responsible for notices, consents where required, data-subject requests, retention choices, and downstream use of Generated Content.
  • AIVAX acts as processor for customer-directed inference processing, subject to the Privacy Policy and applicable agreements.

2.4. Eligibility

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

  • you have not previously been suspended, removed, or banned from the Services;
  • your account is linked to a person or organization in compliance with applicable laws and account obligations;
  • you meet the minimum age and capacity requirements.

If you use the Services on behalf of another person, organization, or company, you represent that you have authority to bind that entity to these Terms.

2.5. Balance, Credits, Storage, and Refunds

Most AIVAX services require prepaid balance ("credits"). Cost-incurring operations may be blocked when the account balance is zero or negative, when the account lacks the minimum required balance for a feature, or when storage usage exceeds the plan quota.

The current platform applies plan-based storage quotas to stored resources such as RAG documents and embeddings, user memories, media descriptions, web chat session data, and shell files. Current included storage is 30 MB for Free, 2 GB for Pro, and 20 GB for Max.

Payment providers may collect and process billing and payment information required to add credits. AIVAX payment flows currently include InfinitePay for payment invoice creation, and the platform also contains Stripe webhook support for payment event handling.

Before paying for credits, you can view applicable fees and refuse the payment before balance addition. Credits added expire one year after addition. Expired credit no longer counts 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 by requesting a refund via legal@aivax.net. From the refundable amount, the following may be deducted:

  • costs corresponding to computing services, inference, processing, RAG data, vectors, memories, storage, or other resources actually consumed up to the request moment;
  • non-refundable payment provider service fees.

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

Service interruption for insufficient balance or storage: The platform may deny new cost-incurring requests when the account has insufficient balance or exceeds storage quota. You are responsible for exporting or deleting stored data as needed and for maintaining enough balance and quota for continued service operation.

3. Generated Content and Intellectual Property

3.1. Ownership and Responsibility for Generated Content

Subject to these Terms, AIVAX grants you all rights, title, and interest it may have in Generated Content. In other words: what you create is yours, subject to applicable law and third-party rights.

You are solely responsible for Generated Content and its subsequent use, including legality, accuracy, suitability, and possible third-party rights infringements. AIVAX is not responsible for how you use Generated Content.

Non-exclusivity and similarity: Due to the statistical nature of AI models, similar content may be generated for different users without cross-access to original inputs. AIVAX does not guarantee absolute exclusivity of expressions or ideas generated by models. You do not acquire rights to model weights, internal prompts, techniques, platform code, 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 process inferences, provide configured tools and integrations, maintain technical logs and security, detect abuse, calculate billing, and comply with legal obligations.

By default, AIVAX does not use Input Content or Generated Content to train proprietary AIVAX models. The optional semantic data collection program described below is the exception to this default rule.

High-risk sectors: Generated Content must not be used as the sole basis for medical, legal, financial, critical safety engineering, or other high-risk decisions without qualified human validation.

3.2. Optional Semantic Data Collection

When an authorized Account Manager enables semantic data collection, the Account Manager:

  • authorizes AIVAX to collect eligible RAG and Reflex search records generated while the setting is enabled;
  • grants AIVAX a worldwide, non-exclusive, royalty-free license to store, reproduce, transform, annotate, combine, analyze, and use Semantic Training Data to develop, train, fine-tune, evaluate, test, and improve models and systems related to embeddings, retrieval, ranking, reranking, and other semantic processing;
  • represents that it has the authority, legal basis, notices, and permissions required for this use, including for personal data submitted by end users; and
  • acknowledges that eligible RAG query embeddings and Reflex searches receive the documented 10% discount, while document indexing, storage, RAG reranking, and unrelated services remain at their regular prices.

AIVAX removes the account relationship and excludes operational identifiers, document names, billing data, and collection timestamps before writing these records. The Account Manager acknowledges that this account-level anonymization does not remove identifying information contained inside submitted semantic text and remains responsible for that content.

The setting is disabled by default. Disabling it applies prospectively: it stops new collection and ends the discount for future eligible operations, but does not automatically delete records already collected or require AIVAX to reverse completed training. Because AIVAX does not retain an account-to-record mapping, records cannot be located or selectively deleted from an account ID alone. Deletion requests remain subject to the Privacy Policy and applicable law. The complete operational terms are documented in Data Collecting.

3.3. Adult, Explicit, and Sensitive Content

AIVAX is a tool that can be used to generate many kinds of content. Adult or explicit content is permitted only when all of the following conditions are met:

  1. You assume full responsibility for creating, storing, and distributing the material.
  2. The material does not violate any applicable law, with zero tolerance for content involving child exploitation, non-consensual sexual content, non-consensual violence, or illegal abuse.
  3. If the material involves representations of real people, you have explicit and verifiable consent from those individuals.
  4. You implement your own access-control and age-verification mechanisms if you make this content available to third parties.

AIVAX does not endorse this type of content and may investigate or suspend accounts that violate these conditions.

4. Third-Party Model Providers, Tools, and BYOK

4.1. Bring Your Own Key (BYOK)

AIVAX may offer BYOK (Bring Your Own Key) functionality, allowing you to use your own API keys from external providers for inference or related services. By using BYOK, you agree that:

  • You are responsible for obtaining, storing, rotating, and using your own provider keys.
  • AIVAX has no control over the original provider's policies, usage limits, bans, suspensions, prices, or terms.
  • If your external key is blocked, revoked, rate-limited, or exhausted, Services that depend on it may fail.
  • AIVAX peripheral services, including storage, RAG processing, vector management, user memories, agent orchestration, and auxiliary tools, may continue to be charged against your AIVAX balance according to current pricing.
  • BYOK does not exempt you from these Terms, legal compliance, abuse rules, or acceptable-use policies.

4.2. Third-Party Models and Tools Provided by AIVAX

AIVAX Services may route Input Content to AI models, rerankers, search providers, image generation providers, payment providers, object storage providers, messaging providers, or other processors. The specific provider depends on the selected model, configured provider, tool, gateway, or integration.

When using a specific model, provider, or tool, you may also be subject to that provider's terms. You are responsible for reviewing provider suitability before sending personal, confidential, regulated, or sensitive data.

5. Suspension and Termination

AIVAX may suspend, restrict, terminate, or ban access to the Services for violations of these Terms, security risks, legal requirements, repeated non-payment, abuse, fraud, or risk to the platform or third parties. Suspensions may be temporary or permanent depending on the severity of the issue.

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, ERROR-FREE, OR SUITABLE FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIVAX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, 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. YOU ARE RESPONSIBLE FOR HUMAN REVIEW BEFORE CRITICAL USE.

7. Indemnification

You agree to indemnify, defend, and hold harmless AIVAX, its affiliates, administrators, collaborators, and partners from claims, losses, damages, liabilities, costs, and expenses 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 or credentials associated with your account.

8. Termination and Post-Termination

After termination or suspension: (a) access and keys may be deactivated; (b) export of available data may be limited by retention windows, account state, and security requirements; (c) data may be deleted or anonymized according to the Privacy Policy and operational procedures; (d) outstanding amounts remain payable.

9. Force Majeure

No party will be liable for failures or delays caused by events beyond reasonable control, including natural disasters, governmental actions, widespread infrastructure failures, cyber-attacks, pandemics, wars, or broad power outages. Payment obligations for consumed services are not discharged by force majeure.

10. Export Controls and Sanctions

You represent that you are not located in, nor acting on behalf of, any entity or person subject to applicable sanctions or trade restrictions. 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.

11. Confidentiality and Credential Security

You must keep API keys, tokens, and credentials confidential and implement appropriate access controls. Activity performed with your credentials may be presumed authorized until a compromise is reported. You must promptly notify AIVAX of suspected unauthorized use.

12. Feedback and Improvements

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

13. Beta Features and Model Discontinuation

Features identified as "Beta", "Experimental", or equivalent may be unstable, change behavior, or be removed. AIVAX may discontinue models, providers, or technical limits for performance, cost, compliance, availability, or security reasons.

14. Takedown Procedure

If you believe output or use of the Services infringes copyright, trademark, privacy, personality, or other rights, send a notice to legal@aivax.net containing: (i) precise identification of the material; (ii) basis of the claim; (iii) your contact information; (iv) a statement of good faith and truthfulness. AIVAX 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 notice where required.

16. Survival

The following provisions survive termination: Intellectual Property, Limitation of Liability, Indemnification, Confidentiality, Termination, 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 regarding the Services.

18. Notices

Formal notices may be delivered by registered email, dashboard notice, or publication on the official Terms page. A notice sent by email is considered received after 24 hours unless a proven technical error occurs.

19. Price and Limit Updates

AIVAX may adjust prices, billing models, usage limits, storage quotas, or rate-limit policies. Material changes affecting future costs may be communicated with reasonable advance notice unless required by law, security, or emergency conditions. Continued use after the changes take effect implies acceptance where permitted.

20. Language

The Portuguese-language version of these Terms prevails over translations provided solely for convenience.

21. Modifications to the Terms

AIVAX may modify these Terms. Material changes may be notified by publication, email, or dashboard notice and may require additional acceptance. Continued use after the effective date constitutes acceptance where permitted.

22. General Provisions

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

For questions about these Terms of Use, contact: **legal@aivax.net**.

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