DataEyes AI API Terms of Service

1.1 Definitions

● DataEyes AI: Refers to HK DATAEYESAI TECHNOLOGY LIMITED and its affiliated companies that provide the API services.

● API Services: Refers to the application programming interfaces, related documentation, data, and services provided by DataEyes AI, which allow developers to integrate and use our AI capabilities within their applications.

● Developer: Refers to the individual, legal person, or other organization using the DataEyes AI API services, i.e., "You" under this agreement.

● Application: Refers to the software, website, service, or other application products developed by the Developer that utilize the DataEyes AI API services.

1.2 Scope of Agreement

This agreement is a legal agreement between you and DataEyes AI concerning the use of the API Services. By using the API Services, you also agree to be bound by our Privacy Policy and any other relevant rules and policies, which are incorporated into this agreement by reference.

2.1 Service Content

DataEyes AI provides you with API Services pursuant to this agreement. Specific service content, including available models and functionalities, is subject to what DataEyes AI publishes on its official website. DataEyes AI reserves the right to update, upgrade, or adjust the API Services, including deprecating older versions, based on business development needs and will notify you through the official website or other reasonable means.

2.2 License and Restrictions

● DataEyes AI grants you a non-exclusive, non-transferable, non-sublicensable, and limited license to use the API Services under the premise of complying with this agreement. ● You may only use the API Services within the scope permitted by DataEyes AI and shall not use the API Services for any illegal purpose or in violation of this agreement. Specific prohibited uses include but are not limited to: generating illegal content, infringing upon intellectual property rights, compromising the security of the services, or attempting to reverse engineer, decompile, or extract the underlying models or training data of the API Services. ● You shall comply with all usage limitations, including rate limits and quotas, as specified by DataEyes AI.

3.1 Eligibility for Registration

You represent that you are a natural person, legal person, or other organization with full capacity for civil rights and civil conduct to enter into this agreement. You must ensure that you are not subject to any trade restrictions or sanctions that would prohibit your use of the services.

3.2 Account Registration and Use

You must complete the registration process by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You shall notify DataEyes AI immediately of any unauthorized use of your account.

4.1 Data Use

You are solely responsible for the data you submit to the API Services ("Your Data"). You must ensure that Your Data, and its use through our services, complies with all applicable laws and regulations. You agree that DataEyes AI may collect and use technical data and related information to improve our services and for other business purposes, in accordance with our Privacy Policy.

4.2 Privacy Protection

DataEyes AI will handle personal information in accordance with its Privacy Policy. While DataEyes AI implements reasonable security measures, you acknowledge that no system is completely secure. If the API Services involve processing personal data subject to specific regulations (like GDPR), additional data processing terms may apply.

5.1 Ownership of Intellectual Property

All intellectual property rights in the API Services, including the underlying technology, software, documentation, and any improvements, remain the exclusive property of DataEyes AI and its licensors. You are granted only a license to use the API Services as set forth in this agreement.

5.2 Your Data and Output

You retain ownership of Your Data. Subject to your compliance with this agreement, you own the output generated for you by the API Services. You grant DataEyes AI a license to use Your Data solely to provide and maintain the API Services.

6.1 Service Purchase Models

DataEyes AI provides users with two service acquisition methods: Pay-as-you-go purchase and Subscription purchase. Users can choose independently according to their own needs. The two models are independent of each other and can be used in parallel.

6.2 Pay-as-you-go Purchase Rules

Account Crediting: Upon successful purchase of Pay-as-you-go service units or service balance, the corresponding units / balance will be credited to the user's account. Usage Deduction: When the user uses the corresponding API service, the system will deduct the available units / balance from the account in real-time based on the actual usage. The deduction records shall be based on the platform's system data. Validity and Refundability: The validity period and refundability of the purchased Pay-as-you-go units / balance are subject to the information published on the purchase page and the platform's rules. Unless otherwise specified, units / balance without a defined validity period are permanently valid.

6.3 Subscription Purchase Rules

6.3.1 Subscription Cycle and Unit Allocation The subscription service starts from the day the user successfully pays the subscription fee (the Subscription Date). A billing cycle is one calendar month. At the beginning of each subscription cycle, the platform will allocate the corresponding number of service units for that tier to the user's account. These units are for use within the current cycle only. 6.3.2 Automatic Billing and Renewal Subscriptions operate on an automatic renewal model. The monthly billing occurs on the corresponding day of the following month (i.e., the next Subscription Date). The user authorizes the platform to charge the subscription fee for the next cycle from their bound payment account on the billing date. If the charge fails due to insufficient account balance, the platform reserves the right to suspend the subscription service and the allocation of units. 6.3.3 Unit Expiry Rule Service units allocated within a subscription cycle will be automatically cleared at 00:00 on the 1st day of the following month. Unused units will not be carried over, cannot be exchanged for cash, and no compensation will be provided. 6.3.4 Subscription Tiers The platform offers three tiers of subscription plans. The price, number of units allocated monthly, and service permissions for each tier are subject to the information displayed on the platform. Users can choose, upgrade, or downgrade their tier independently. 6.3.5 Subscription Cancellation and Termination of Rights Users can cancel their subscription at any time during the subscription period through the platform. The cancellation takes effect immediately. After cancellation, the rights of the already-paid current subscription cycle are unaffected and can be used normally until the end of that cycle. Upon cycle expiry, automatic renewal and unit allocation will cease.

7.1 Disclaimer

THE API SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DATAEYES AI EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DataEyes AI does not warrant that the services will be uninterrupted, error-free, or completely secure. You are responsible for verifying the accuracy and appropriateness of any outputs before using them.

7.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DATAEYES AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO THIS AGREEMENT. DATAEYES AI'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO DATAEYES AI FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY EVEN IF DATAEYES AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.1 Agreement Modification

DataEyes AI may revise this agreement from time to time. We will provide notice of material changes, such as via email or a notice on our website. Your continued use of the API Services after the effective date of the changes constitutes your acceptance of the modified terms.

8.2 Agreement Termination

This agreement is effective until terminated. You may terminate it at any time by ceasing use of the API Services. DataEyes AI may suspend or terminate your access immediately if you breach this agreement. Upon termination, your license ends and you must stop all use of the API Services.

9.1 Governing Law

The execution, validity, interpretation, performance, and dispute resolution of this agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

9.2 Dispute Resolution

Any dispute arising out of or in connection with this agreement shall be first attempted to be resolved through friendly negotiations. If the dispute cannot be resolved through negotiations within sixty (60) days, either party may submit the dispute to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

10.1 Notice

DataEyes AI may send notices to you via official website announcements, email, or other contact information you provide. Notices are deemed received upon sending.

10.2 Severability

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

10.3 Entire Agreement

This agreement, together with the Privacy Policy, constitutes the entire agreement between you and DataEyes AI regarding the API Services.

11.1 Content Control Policy

As the Developer, you shall establish and implement appropriate content control measures and policies to prevent any pornographic, prohibited, or illegal content from being generated, disseminated, or accessed through the use of the API Services or within your Application. This obligation is independent of DataEyes AI's own content filtering mechanisms, if any. You are solely responsible for ensuring that your use of the API Services and the outputs of the API Services comply with all applicable laws, regulations, and community standards in all jurisdictions where you operate or where your Application is accessible. ● Developer's Content Control Measures: Your content control policies and implementation should include, but are not limited to: ○ Content Review Mechanism: Establishing a robust process for reviewing content generated via or in connection with your Application. This may involve a combination of automated filtering tools and human moderation to screen for prohibited material. ○ Prohibited Content Definition: Clearly defining what constitutes "pornographic," "prohibited," and "illegal" content within the context of your Application, including but not limited to content that is violent, terroristic, promotes hate speech, facilitates illegal transactions, infringes on privacy, constitutes harassment, or violates intellectual property rights. ○ User Reporting and Takedown Process: Providing end-users with a clear and functional mechanism to report suspected violations of your content policies. You must have a documented process for promptly reviewing and taking appropriate action on such reports, which may include content removal, user warnings, or account suspension/termination. ○ Record Keeping: Maintaining records of content moderation actions, user reports, and policy violations for a reasonable period as required by law or for internal audit purposes. ○ Staff Training: Ensuring relevant personnel involved in content moderation or application management are adequately trained on your content policies and relevant legal requirements. DataEyes AI reserves the right, but is not obligated, to review or monitor any content associated with your use of the API Services. DataEyes AI may suspend or terminate your access to the API Services if we believe, in our sole discretion, that you have violated this policy or that your use poses a legal or reputational risk.

11.2 Fraud Monitoring, Refund, and Dispute Handling Policy

a. Fraud Monitoring You shall implement reasonable fraud monitoring policies and procedures for activities and transactions conducted through your Application that utilize the API Services. This includes, but is not limited to, monitoring for patterns indicative of fraudulent activity, such as payment fraud, account takeovers, or abuse of the services. Your fraud monitoring framework should be risk-based and may include: ● Transaction Screening: Real-time analysis of transactions for suspicious patterns (e.g., rapid series of small-value transactions, mismatched billing/shipping/IP geolocation data). ● User Behavior Analysis: Monitoring for anomalous account activity indicative of credential stuffing, brute-force attacks, or automated bot activity. ● Verification Steps: Implementing additional verification steps (e.g., CAPTCHA, multi-factor authentication, payment re-authentication) for high-risk activities. DataEyes AI may employ its own fraud detection systems at the platform level, and any activity flagged as fraudulent or abusive by DataEyes AI may result in suspension of services, without limitation to other remedies available under this agreement. b. Refund and Dispute (Chargeback) Handling Policy You shall have a clear, transparent, and publicly accessible refund policy and a defined operational process for handling payment disputes and chargebacks. This policy must be communicated to your end-users, typically within your Application's terms of service or a dedicated help center. ● Refund Policy: Your policy should clearly specify: ○ Eligible Grounds for Refund: The circumstances under which end-users are entitled to a refund (e.g., service not rendered as described, accidental purchase, satisfaction guarantees if offered). ○ Non-Refundable Situations: Clear statements on situations where refunds are not provided (e.g., change of mind after consumption of digital service, violation of your terms of service). ○ Refund Process and Timeline: A defined procedure for users to request a refund and a standard service level commitment for processing such requests (e.g., within 5-7 business days). ● Dispute and Chargeback Handling Process: You are solely responsible for managing payment disputes initiated by your end-users or their financial institutions. Your process should include: ○ Evidence Collection: Promptly gathering and submitting compelling evidence to the payment processor to contest invalid chargebacks. ○ Timely Response: Adhering strictly to the response deadlines set by payment processors or card networks for each dispute case to avoid automatic loss. ○ Internal Review: Analyzing lost chargeback cases to identify patterns and improve your fraud prevention and customer service processes. Furthermore, you are solely responsible for handling payment disputes and chargebacks raised by end-users or payment processors related to your Application's transactions. DataEyes AI is not a party to the payment relationship between you and your end-user. Any fees, fines, or penalties imposed by payment processors or financial institutions due to chargebacks or disputes related to your Application's transactions shall be your sole responsibility. DataEyes AI's provision of API Services is final, and fees paid to DataEyes AI for API usage are generally non-refundable, except as may be required by applicable law.

11.3 Sanctions and Trade Control Compliance

You represent and warrant that you are not, and you are not owned or controlled by, and are not acting on behalf of, any individual, entity, or organization that is: (i) the subject of any comprehensive sanctions or embargoes administered by the United Nations, the European Union, the United Kingdom, or the United States (including the Office of Foreign Assets Control ("OFAC") Specially Designated Nationals ("SDN") List), or (ii) located, organized, or resident in a country or territory that is the subject of such comprehensive sanctions (including, but not limited to, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine). You agree to comply with all applicable economic sanctions, export control, and import laws and regulations. You shall not use the API Services, directly or indirectly, to export, re-export, or otherwise provide the services to any such prohibited individual, entity, or jurisdiction. DataEyes AI may implement technical measures, including geo-blocking and transaction screening, to enforce compliance with trade control laws, and may suspend or terminate your access if it reasonably suspects a violation of this section.