Terms and Conditions of Service

1. Acceptance and Eligibility

1.1 Binding Agreement

By accessing, browsing, registering for, or utilizing any website, application, application programming interface (API), pre-trained model, dataset, research paper, whitepaper, or software tool provided by X-ion (collectively, the “Services”), you (“User”, “Client”, or “You”) agree to be bound by these Terms and Conditions (“Terms”).

1.2 Eligibility

• Age & capacity: You must be at least 18 years old or the legal age of majority in your jurisdiction to access or use the Services.
• Organizational representation: If you use the Services on behalf of a company or legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Services and Accounts

2.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens. All activities occurring under your account remain your sole responsibility. X-ion must be notified immediately of any unauthorized access.

2.2 Research & Experimental Features

From time to time, X-ion offers “Beta Services”, “Experimental Models”, or “Research Previews”. These features:

• Are provided strictly on an “AS IS” research basis.
• May contain bugs, produce inaccurate results, or experience unexpected downtime.
• May be discontinued or modified without prior notice.

3. Intellectual Property & Data Rights

3.1 Ownership of Core IP

X-ion and its licensors retain all right, title, and interest (including all patent, copyright, trade secret, trademark, and other intellectual property rights) in and to:

• All underlying machine learning models, architecture, code, weights, parameter sets, and algorithms developed by X-ion.
• All research papers, datasets, documentation, APIs, and brand assets.
• Any improvements, modifications, or derivatives of the Services created by X-ion.

3.2 User Inputs and Outputs

• Inputs: You retain ownership of all prompts, text, images, code, or datasets uploaded or submitted by you to the Services (“Inputs”).
• Outputs: Subject to compliance with these Terms, X-ion assigns to you all rights, title, and interest in and to any generated responses or materials produced by the Services based on your Inputs (“Outputs”).
• Cross-claims: Due to the probabilistic nature of machine learning, Outputs generated for you may be similar or identical to Outputs generated for other users. You acknowledge that generic or duplicate Outputs generated independently for other users are not owned exclusively by you.

3.3 License for Research & Model Fine-Tuning

• Standard tier: By default, unless specified otherwise in an Enterprise Agreement or Opt-Out Request, you grant X-ion a non-exclusive, worldwide, royalty-free license to use Inputs and Outputs solely to debug, evaluate, fine-tune, and train X-ion’s AI models and research pipeline.
• Enterprise opt-out: Enterprise Clients or subscribers to private API endpoints may opt out of data logging for training purposes via the API settings or a signed Enterprise Service Agreement (ESA).

4. Acceptable Use & AI Restrictions

You agree NOT to use X-ion’s Services, or permit any third party to use the Services, to:

• Model extraction & reverse engineering: Decompile, reverse-engineer, extract model parameters/weights, or scrape training data from X-ion’s underlying systems.
• Model distillation & competition: Use X-ion’s Outputs to train, fine-tune, benchmark, or validate machine learning models that directly compete with X-ion products or services.
• Automated scraping & rate limits: Use automated bots, spiders, or scrapers to extract data from X-ion platforms outside authorized API rate limits.
• Harmful & prohibited content: Upload or generate content that violates applicable laws, promotes hate speech, distributes malware, infringes third-party rights, or involves unlawful biometric, surveillance, or manipulative applications.
• Misrepresentation: Misrepresent AI-generated Outputs as entirely human-created when disclosure is required by law or ethical rules.

5. Fees and Payment (for Commercial & API Users)

5.1 Pricing and Subscriptions

API consumption, SaaS subscriptions, and custom research services are billed according to published rate cards or executed order forms. Fees are non-refundable unless required by applicable law or stated in writing.

5.2 Taxes and Overages

You are responsible for paying all applicable direct or indirect taxes associated with your use of the Services. Overages incurred beyond tiered limits will be charged at standard unit/token rates.

6. Disclaimers & Limitations of Liability

6.1 Accuracy & AI Hallucinations Disclaimer

6.2 Warranty Disclaimer

The Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, X-ion disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

6.3 Limitation of Liability

To the maximum extent permitted by applicable law:

• Indirect damages: X-ion shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, data corruption, or business interruption).
• Liability cap: X-ion’s total aggregate liability arising out of or related to these Terms shall not exceed the total amount paid by you to X-ion in the twelve (12) months preceding the incident, or USD $100 (whichever is greater).

7. Indemnification

You agree to defend, indemnify, and hold harmless X-ion, its officers, directors, employees, researchers, and partners from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of:

• Your violation of these Terms.
• Your Inputs infringing upon third-party rights (including copyright, trademark, or privacy rights).
• Your deployment or commercial reliance on Outputs generated by X-ion’s models.

8. Regulatory Compliance & Governing Law

8.1 Regulatory Compliance

X-ion commits to designing and operating its AI systems in compliance with emerging AI regulations (including transparency obligations, risk management assessments, and human oversight frameworks where applicable), and with reference to frameworks such as the EU AI Act and applicable US/UK AI safety guidance where relevant to the Services offered.

8.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya, without giving effect to conflicts of law principles. Any dispute arising out of these Terms shall be resolved in the competent courts of Nairobi, Kenya, unless otherwise required by mandatory law or agreed in a written Enterprise Service Agreement.

9. Termination & Modifications

9.1 Termination

X-ion reserves the right to suspend or terminate your account or API access immediately if you violate these Terms, default on payment, or if required to do so by legal authorities or AI safety protocols.

9.2 Modifications to Terms

We may update these Terms periodically to reflect shifts in our research, service offerings, or regulatory landscape. Material changes will be communicated via email or platform notification at least 30 days prior to taking effect where practicable.

10. Contact Information

For legal inquiries, copyright notices, enterprise opt-outs, or security reports, please contact X-ion at:

• Legal team: legal@scrutium.com
• Security & misuse: abuse@scrutium.com
• Support: support@scrutium.com
• Postal / office: Nairobi Town, Nairobi, Kenya
• General contact: Contact form

Related: Privacy Policy · Legal hub