#Terms of Service

FIM Labs Pte. Ltd. operates a unified API integration platform ("Service") that enables users and developers to access various third-party artificial intelligence models ("AI Models") provided by different providers (such as OpenAI, Google, Anthropic, and other AI service providers) through a single API endpoint.

FIM Labs Pte. Ltd. may add, modify, or remove AI Models from the Service at any time. If a model needs to be removed or materially changed, we will make reasonable efforts to announce such changes on our website in advance.

You must be at least 13 years of age to use the Service. If you are under the age of majority in your jurisdiction, your parent or legal guardian must consent to these Terms on your behalf.

By agreeing to these Terms, you represent and warrant that:

• -(a) You are at least 13 years of age;
• -(b) You have not previously been suspended or removed from the Service;
• -(c) Your registration and use of the Service complies with all applicable laws and regulations.

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms.

To access most features of the Service, you must register for an account. You agree that:

• -The information you provide during registration is accurate and complete;
• -You will keep your account information up-to-date;
• -You are solely responsible for maintaining the confidentiality of your account credentials;
• -You accept responsibility for all activities that occur under your account;
• -You will immediately notify us if you believe your account has been compromised.

4.1 General Obligations

You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable local, national, and international laws and regulations, and the terms of service of each AI Model provider you access through our platform.

4.2 Prohibited Activities

You agree NOT to use the Service to:

• -Infringe on the rights of others or violate any applicable laws or regulations;
• -Breach any terms of these Terms, our policies, or the terms of third-party AI providers;
• -Generate, distribute, or facilitate content that is pornographic, obscene, vulgar, sexually explicit, or otherwise violates community standards;
• -Use the platform (including any third-party tools such as role-playing or chat tools) to generate lewd, pornographic, or illegal conversations or content;
• -Generate or distribute content that promotes violence, terrorism, extremism, or hatred;
• -Generate or distribute politically sensitive, defamatory, or harmful disinformation;
• -Misrepresent AI-generated content as human-generated;
• -Reverse engineer, decompile, or attempt to discover the source code of our Services or any AI Models;
• -Use the Service maliciously, including introducing malware, viruses, or bypassing security measures;
• -Exceed any usage limits we may impose, or create multiple accounts to circumvent payment or usage restrictions;
• -Extract data from our Services using unauthorized methods such as web scraping or automated tools;
• -Sell, transfer, or sublicense your access to the Service without our written consent;
• -Interfere with the operation of the Service or any other user's use of the Service;
• -Perform any fraudulent activity, including impersonating any person or entity;
• -Attempt to do any of the acts described above, or assist or permit any person in engaging in any such acts.

4.3 Content Moderation

We reserve the right to monitor, review, and remove any content or activity that violates these Terms. We may suspend or terminate accounts that engage in prohibited conduct without prior notice.

5.0 Service Availability

The Service is intended for developers and enterprises outside mainland China. In accordance with the Interim Measures for the Management of Generative Artificial Intelligence Services, we do not offer generative AI services to the general public within mainland China. If you nevertheless access the Service from mainland China, you do so on your own initiative and are solely responsible for compliance with all applicable PRC laws and regulations.

5.1 Compliance with Chinese Laws

If you are located in, or access the Service from, mainland China, you must comply with all applicable laws and regulations of the People's Republic of China ("PRC"), including but not limited to:

• -The Interim Measures for the Management of Generative Artificial Intelligence Services (《生成式人工智能服务管理暂行办法》), effective August 15, 2023;
• -The Cybersecurity Law of the PRC (《中华人民共和国网络安全法》);
• -The Data Security Law of the PRC (《中华人民共和国数据安全法》);
• -The Personal Information Protection Law of the PRC (《中华人民共和国个人信息保护法》);
• -Other applicable laws, administrative regulations, and regulatory requirements.

5.2 Prohibited Content under PRC Law

In accordance with Article 4 of the Interim Measures for the Management of Generative AI Services, users in mainland China must not use the Service to generate content that:

• -(1) Incites subversion of state power or the overthrow of the socialist system;
• -(2) Endangers national security and interests, or damages the national image;
• -(3) Incites separatism or undermines national unity and social stability;
• -(4) Promotes terrorism or extremism;
• -(5) Promotes ethnic hatred or discrimination;
• -(6) Contains violence, obscenity, or pornography;
• -(7) Spreads false or harmful information;
• -(8) Otherwise violates laws and administrative regulations of the PRC.

5.3 Enforcement

Violations of PRC-specific regulations may result in immediate account termination, reporting to relevant PRC authorities, and potential legal liability under applicable PRC laws.

6.1 Pre-Paid Credits

Access to the Service may require you to purchase pre-paid credits ("Credits"). Before purchasing, you will have an opportunity to review the applicable fees. Once purchased, Credits are generally non-refundable unless otherwise required by applicable law.

6.2 Payment Methods

Payments may be processed through third-party payment processors. You agree to comply with the terms and conditions of any third-party payment processor used.

6.3 Changes to Pricing

FIM Labs Pte. Ltd. reserves the right to change pricing at any time. We will provide advance notice of material pricing changes on our website. Continued use of the Service after such changes constitutes acceptance.

7.1 Input and Output

You may provide input to the Service ("Input") and receive output generated by AI Models ("Output"; collectively, Input and Output are "User Content"). You retain ownership of your Input.

7.2 Output Ownership

Your ownership rights in Output are subject to the terms of each AI Model provider. We encourage you to review the applicable AI Model provider's terms regarding output ownership.

7.3 Representations

By providing Input, you represent and warrant that:

• -You are the owner of the Input or have the necessary rights and permissions;
• -Your Input does not infringe any third-party intellectual property rights, privacy rights, or other rights;
• -Your Input complies with all applicable laws and these Terms.

7.4 Disclaimer

We are not responsible for the accuracy, quality, legality, or reliability of any Output generated through the Service. You use Output at your own risk.

The Service, including its software, interfaces, design, and documentation ("Materials"), is the property of FIM Labs Pte. Ltd. or its licensors. No intellectual property rights are transferred to you through use of the Service. You may not reproduce, distribute, or create derivative works from the Materials without our prior written consent.

Our Privacy Policy, which describes how we collect, use, store, and disclose your personal information, is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

THE SERVICE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FIM LABS PTE. LTD. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FIM LABS PTE. LTD. DOES NOT WARRANT THAT:

• -The Service will be uninterrupted, secure, or error-free;
• -The Output generated through the Service will be accurate, complete, or reliable;
• -Any defects in the Service will be corrected.

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIM LABS PTE. LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

THE AGGREGATE LIABILITY OF FIM LABS PTE. LTD. FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• -(A) THE UNUSED PREPAID BALANCE REMAINING IN YOUR ACCOUNT AT THE TIME THE CLAIM ARISES, WHERE "UNUSED PREPAID BALANCE" MEANS THE TOTAL AMOUNT OF CREDITS OR PREPAID FUNDS DEPOSITED INTO YOUR ACCOUNT MINUS ALL FEES INCURRED FOR API USAGE PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR
• -(B) USD $100.

FOR THE AVOIDANCE OF DOUBT, IF YOU ARE ON A PAY-AS-YOU-GO OR POST-PAID BILLING PLAN WITH NO PREPAID BALANCE, THE MAXIMUM LIABILITY SHALL BE USD $100.

You agree to defend, indemnify, and hold harmless FIM Labs Pte. Ltd. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or relating to:

• -Your use of the Service;
• -Your violation of these Terms;
• -Your violation of any applicable laws or regulations;
• -Your violation of any third-party rights;
• -Any User Content you provide through the Service.

We may suspend or terminate your access to the Service at any time, for any reason, including violation of these Terms. You may terminate your account by discontinuing use and contacting us. Upon termination:

• -Your right to use the Service ceases immediately;
• -Provisions of these Terms that by their nature should survive termination will continue to apply, including ownership, liability, indemnification, and dispute resolution;
• -Any remaining Credits may be forfeited unless refund is required by applicable law.

Disputes related to these Terms or your use of the Service shall be resolved through binding arbitration in Singapore, except where prohibited by applicable law. This Agreement is governed by the laws of Singapore without regard to conflict of law principles.

We may modify these Terms at any time. For material changes, we will provide advance notice via our website or email. Your continued use of the Service after receiving notice constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service.

• -Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and FIM Labs Pte. Ltd. regarding the Service.
• -Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• -Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• -Assignment: You may not assign these Terms without our consent. We may assign these Terms at any time.
• -Electronic Communications: By using the Service, you consent to receiving electronic communications from us.

If you have questions about these Terms, please contact us at hi@fim.ai or through our official communication channels.