XYRIS TERMS OF SERVICE

1. Introduction

These Terms of Service (“Terms”) govern access to and use of Xyris, including Xyris AI, text generation, image generation, multimodal generation, APIs, developer tools, models, websites, applications, subscriptions, credits, and related products and services (collectively, the “Services”).

These Terms form a legally binding agreement between you and Xyris (“Xyris,” “we,” “our,” or “us”).

By accessing or using the Services, purchasing a subscription or credits, creating an account, or otherwise indicating acceptance, you agree to these Terms.

If you do not agree to these Terms, do not use the Services.

2. 1. Eligibility

You must be at least 18 years old or otherwise have reached the legal age required to enter into this agreement in your jurisdiction.

By using Xyris, you represent that you have the legal capacity to enter into these Terms.

3. 2. Nature of Xyris

Xyris provides artificial-intelligence tools capable of producing text, images, code, media, analysis, and other generated material.

Xyris is intended to provide users broad freedom to use artificial intelligence for lawful purposes.

Xyris does not require users to justify or disclose the purpose of ordinary lawful requests.

Descriptions such as “uncensored,” “unrestricted,” “private,” “open,” or similar descriptions do not mean that Xyris is required to:

• violate applicable law;
• facilitate conduct that Xyris is legally prohibited from facilitating;
• ignore binding legal obligations;
• compromise Xyris infrastructure;
• compromise another user's account;
• provide any particular output;
• guarantee uninterrupted access to any model or feature.

Xyris may implement restrictions reasonably necessary to comply with applicable law, protect its systems, enforce these Terms, prevent substantial abuse, or maintain the security and availability of the Services.

4. 3. Lawful Use Standard

You may use Xyris for any purpose that is lawful in the jurisdiction applicable to you and the Services.

You are responsible for your use of Xyris.

You are responsible for determining whether your:

• inputs;
• outputs;
• generated content;
• publication;
• possession;
• distribution;
• download;
• storage;
• sharing;
• execution;
• commercial use;

comply with applicable law.

You may not use Xyris to directly engage in conduct prohibited by applicable law.

Without limiting that principle, Xyris may restrict or remove access involving conduct it is legally required to restrict, including where applicable:

• child sexual abuse or exploitation material;
• sexual content involving minors;
• non-consensual intimate imagery;
• credible threats of violence;
• human trafficking;
• unlawful stalking;
• fraud;
• deliberate theft of credentials;
• unauthorised access to computer systems;
• other activity Xyris is legally obligated to restrict.

Xyris does not assume a general obligation to proactively monitor every request, prompt, conversation, generation, file, or other item of User Content.

5. 4. Your Inputs

You retain whatever ownership rights you have in content that you submit to Xyris.

You represent that you have the rights, permissions, licences, consents, or other lawful authority necessary to submit your content to the Services.

You grant Xyris a limited licence to host, process, reproduce, transmit, store, transform, and otherwise handle your input only to the extent reasonably necessary to:

• provide the Services;
• fulfil your requests;
• maintain the Services;
• secure the Services;
• troubleshoot technical issues;
• comply with applicable legal obligations; or
• perform processing otherwise described in the Xyris Privacy Policy.

This licence does not transfer ownership of your input to Xyris.

6. 5. Generated Outputs

As between you and Xyris, and to the maximum extent permitted by applicable law, you may use generated outputs for personal or commercial purposes.

To the extent Xyris possesses transferable intellectual-property rights in an output generated specifically for you, Xyris assigns those rights to you upon generation, subject to applicable law and compliance with these Terms.

Artificial-intelligence-generated material may not always qualify for copyright, trademark, patent, or other intellectual-property protection.

Outputs may resemble content generated for other users.

Xyris does not guarantee uniqueness or exclusivity of generated outputs.

You are responsible for determining whether your intended use of generated output infringes third-party rights or violates applicable law.

7. 6. No Training on Private Content by Default

Unless you expressly opt in, Xyris will not use private prompts, conversations, uploaded files, private images, generated outputs, or other private User Content to train shared or public AI models.

If Xyris offers an optional model-improvement or training programme, participation must be voluntary unless a specific feature clearly states otherwise before use.

Additional information regarding the processing of User Content is contained in the Xyris Privacy Policy.

8. 7. Encryption and Limited Access

Xyris is designed to minimise unnecessary access to private User Content.

Where a Xyris feature uses client-side encryption, end-to-end encryption, or another form of encryption that technically prevents Xyris from accessing plaintext content, Xyris cannot read, inspect, understand, recover, or disclose the plaintext substance of that content because Xyris does not possess the information necessary to decrypt it.

Where such encryption applies:

• encrypted content may remain unintelligible to Xyris;
• Xyris personnel may be unable to inspect the plaintext content;
• Xyris cannot provide readable plaintext that it does not possess;
• Xyris cannot reconstruct information that its systems are technically incapable of decrypting.

Encryption does not necessarily mean that Xyris possesses no information about an account or use of the Services.

Xyris may still process limited technical, account, billing, security, or operational information necessary to provide and protect the Services, including:

• account identifiers;
• authentication information;
• timestamps;
• request identifiers;
• routing information;
• service usage information;
• security events;
• billing records;
• rate-limit information;
• infrastructure information.

Where Xyris can technically access plaintext content in order to provide a feature, these Terms do not represent that such content is end-to-end encrypted or inaccessible to Xyris.

Xyris will not falsely represent ordinary encryption in transit, server-side encryption, or encryption at rest as end-to-end encryption where Xyris retains technical access to plaintext content.

9. 8. AI Output Disclaimer

Artificial intelligence can produce inaccurate, incomplete, outdated, offensive, unexpected, misleading, insecure, or otherwise unsuitable results.

Outputs are generated automatically.

Generated outputs do not necessarily represent statements, opinions, endorsements, beliefs, policies, or views of Xyris.

You are responsible for independently reviewing outputs before relying upon, publishing, executing, deploying, sharing, or acting upon them.

Xyris does not guarantee:

• factual accuracy;
• completeness;
• legal correctness;
• medical correctness;
• financial correctness;
• security;
• originality;
• non-infringement;
• fitness for a particular purpose;
• uninterrupted availability;
• model availability;
• generation quality;
• consistency;
• uniqueness.

You should not rely solely on AI-generated information where an error could result in serious harm, financial loss, legal consequences, medical consequences, or material security risks.

10. 9. Accounts and Security

You are responsible for protecting your credentials and maintaining reasonable security over your Xyris account.

You are responsible for activity performed using your account unless the activity resulted directly from a security failure attributable to Xyris.

You must notify Xyris promptly if you reasonably believe your account has been compromised.

Xyris may:

• terminate active sessions;
• reset credentials;
• restrict authentication;
• temporarily lock an account;
• require additional verification;

where reasonably necessary to protect an account or the Services.

You may not knowingly sell, transfer, steal, or use another person's Xyris account without lawful authority.

11. 10. Pricing and Payments

Prices, subscriptions, credit packages, usage charges, quotas, and billing intervals will be displayed before purchase or otherwise communicated through the Services.

By purchasing a paid Service, you authorise Xyris and its payment provider to charge applicable fees associated with the purchase.

Taxes may be added where legally required.

Usage-based fees may be calculated according to:

• requests;
• tokens;
• compute;
• generations;
• images;
• API calls;
• bandwidth;
• storage;
• generation time;
• another disclosed unit of usage.

You are responsible for reviewing pricing information before completing a purchase.

12. 11. Refund Policy

ALL SALES ARE FINAL AND NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Except where a refund is required by mandatory law, Xyris does not provide refunds, credits, reimbursements, or compensation for:

• unused subscription periods;
• partially used subscription periods;
• unused credits;
• purchased API credits;
• purchased generation credits;
• compute already allocated;
• compute already consumed;
• generated images;
• generated text;
• generated code;
• generated media;
• API requests;
• accidental purchases;
• failure to use purchased Services;
• account suspension resulting from a violation of these Terms;
• account termination resulting from a violation of these Terms;
• dissatisfaction with an AI-generated output;
• failure of output to match expectations;
• model availability changes;
• feature changes;
• discontinued features;
• discontinued models;
• differences between expected and actual generations.

Where mandatory consumer law grants you a cancellation, withdrawal, refund, cooling-off, or similar right that cannot legally be waived, that mandatory right will apply notwithstanding this section.

Where legally permitted, by requesting immediate delivery of digital services, AI compute, credits, generations, subscriptions, or other digital content, you expressly request that performance begin immediately and acknowledge that beginning performance may affect or eliminate statutory withdrawal rights where applicable.

Cancelling a recurring subscription prevents future renewal but does not ordinarily entitle you to a refund of amounts already paid.

13. 12. Chargebacks and Payment Disputes

Before initiating a payment dispute, you may contact Xyris at:

xyris@xyris.in

Nothing in these Terms removes payment-dispute rights that applicable law or a payment network requires to remain available.

Fraudulent chargebacks, knowingly false payment disputes, payment abuse, or deliberate attempts to obtain Services without payment may result in suspension or termination.

Xyris may provide relevant transaction records, account information, usage records, and other reasonably necessary evidence to payment processors, banks, card networks, or payment platforms for the purpose of investigating or responding to a payment dispute.

This does not authorise Xyris to disclose encrypted plaintext content that Xyris does not possess or cannot technically access.

14. 13. Availability

Xyris does not guarantee uninterrupted, permanent, or error-free service.

Models, providers, features, endpoints, quotas, pricing, rate limits, APIs, infrastructure, and functionality may change.

Xyris may perform maintenance.

Xyris may experience outages.

Xyris may temporarily limit access because of capacity, security, maintenance, technical, legal, or infrastructure requirements.

Xyris may discontinue a model, endpoint, feature, product, or Service.

Where commercially reasonable, Xyris may provide notice of major changes, but emergency security, legal, infrastructure, or operational changes may take effect immediately.

15. 14. Suspension and Termination

Xyris may restrict, suspend, or terminate access where reasonably necessary because of:

• violation of these Terms;
• non-payment;
• fraudulent activity;
• payment abuse;
• security threats;
• infrastructure abuse;
• attempts to compromise Xyris systems;
• material interference with the Services;
• binding legal requirements;
• circumstances creating substantial risk to Xyris;
• circumstances creating substantial risk to other users.

Where practical, Xyris may give a user an opportunity to address a violation before permanent termination.

Xyris is not required to continue providing a Service where doing so would violate applicable law or create an unreasonable security or infrastructure risk.

Termination does not automatically create a right to a refund except where applicable law requires otherwise.

16. 15. Privacy

Use of Xyris is also governed by the Xyris Privacy Policy.

Xyris does not sell private prompts, generated outputs, conversations, private images, uploaded files, or other private User Content.

Xyris does not voluntarily disclose private user information to government agencies merely because an informal request has been made.

Where legally permitted, Xyris requires valid and appropriately scoped legal process before disclosing private user information to government or law-enforcement authorities.

Xyris may challenge, reject, object to, seek clarification of, or seek to narrow defective, invalid, vague, or excessively broad requests where legally permissible.

Xyris will disclose only information actually in its possession and only to the extent legally required or otherwise permitted under the Xyris Privacy Policy.

Xyris cannot disclose information that it does not possess.

Where User Content is encrypted in a manner that prevents Xyris from accessing its plaintext, Xyris cannot provide readable plaintext content that it cannot technically decrypt.

Nothing in these Terms requires Xyris to:

• violate applicable law;
• obstruct lawful legal process;
• destroy evidence subject to a valid preservation obligation;
• conceal information that Xyris is legally required to preserve; or
• make false or misleading statements to authorities.

17. 16. Intellectual Property of Xyris

The following remain owned by Xyris or its applicable licensors:

• the Xyris name;
• Xyris trademarks;
• logos;
• branding;
• proprietary software;
• interfaces;
• infrastructure;
• documentation;
• website design;
• proprietary models;
• proprietary technology;
• source code not expressly licensed to you;
• internal systems.

These Terms do not transfer ownership of Xyris technology to you.

You may not falsely represent yourself as Xyris or falsely claim ownership of Xyris trademarks, branding, technology, proprietary models, or internal systems.

Nothing in these Terms prevents legitimate reference to Xyris where permitted by applicable law.

18. 17. Third-Party Services

Certain Xyris functionality may depend on third-party infrastructure, processors, model providers, payment providers, hosting providers, networking providers, or other services.

Xyris is not responsible for independent third-party products or services that it does not control.

Third-party outages, restrictions, policy changes, API changes, infrastructure failures, or discontinuations may affect the availability or operation of Xyris.

Where third parties process personal information on behalf of Xyris, their handling of such information will be addressed as described in the Xyris Privacy Policy and applicable contractual safeguards.

Where an external model provider or API receives User Content, Xyris will not falsely represent that such processing occurred entirely on infrastructure controlled by Xyris.

19. 18. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

XYRIS DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

THIS INCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• SECURITY;
• UNINTERRUPTED AVAILABILITY.

XYRIS DOES NOT WARRANT THAT:

• EVERY OUTPUT WILL BE ACCURATE;
• EVERY REQUEST WILL PRODUCE AN OUTPUT;
• EVERY MODEL WILL REMAIN AVAILABLE;
• EVERY FEATURE WILL REMAIN UNCHANGED;
• EVERY SECURITY VULNERABILITY CAN BE PREVENTED;
• EVERY INTERRUPTION OR DATA LOSS CAN BE AVOIDED.

Nothing in this section excludes warranties, statutory rights, consumer protections, or other obligations that applicable law does not permit Xyris to exclude.

20. 19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XYRIS AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES, WHERE LEGALLY PERMITTED:

• LOST PROFITS;
• LOST REVENUE;
• LOST DATA;
• LOSS OF GOODWILL;
• LOST BUSINESS OPPORTUNITIES;
• BUSINESS INTERRUPTION;
• LOSS RESULTING FROM RELIANCE ON AI OUTPUT;
• LOSS RESULTING FROM SERVICE INTERRUPTION;
• LOSS RESULTING FROM MODEL OR FEATURE CHANGES;
• LOSS RESULTING FROM THIRD-PARTY SERVICE FAILURE;
• LOSS RESULTING FROM USER MISUSE OF GENERATED CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XYRIS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(a) the amount you paid directly to Xyris during the three months immediately preceding the event giving rise to the claim; or

(b) the minimum amount, if any, that applicable law requires Xyris to remain liable for and does not permit the parties to exclude or reduce.

Nothing in these Terms excludes or limits liability that applicable law does not permit to be excluded or limited.

21. 20. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Xyris and its affiliates, personnel, owners, officers, contractors, and representatives from third-party claims, liabilities, damages, losses, and reasonable costs arising from:

• your unlawful use of the Services;
• content you submit;
• content you distribute;
• your violation of third-party rights;
• your material violation of these Terms.

This obligation does not apply to the extent a claim was caused by Xyris's own unlawful conduct or to the extent applicable law prohibits the obligation.

22. 21. Changes to the Services or Terms

Xyris may modify these Terms from time to time.

Changes may be necessary because of:

• new features;
• changes to existing Services;
• security requirements;
• infrastructure changes;
• legal requirements;
• regulatory requirements;
• changes to business operations;
• changes to third-party services.

Material changes will become effective prospectively.

Where required by law, notice of material changes will be provided.

Continued use of Xyris after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

Changes will not retroactively remove rights that applicable law does not permit Xyris to remove.

23. 22. Severability

If any part of these Terms is found invalid, unlawful, or unenforceable, that provision will be interpreted, limited, or modified only to the minimum extent necessary to make it enforceable where legally permitted.

If modification is not possible, the affected provision will be severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

24. 23. No Waiver

Failure by Xyris to enforce a provision on one occasion does not permanently waive Xyris's right to enforce that provision later.

A waiver is effective only to the extent expressly provided.

25. 24. Assignment

You may not transfer your contractual rights or obligations under these Terms without Xyris's consent where such restriction is legally permitted.

Xyris may transfer or assign these Terms as part of:

• a merger;
• acquisition;
• corporate restructuring;
• financing;
• sale of assets;
• transfer of the Services;
• transfer to an affiliate;
• successor operation of Xyris.

Any such transfer remains subject to applicable law.

26. 25. Applicable Law and Disputes

These Terms are subject to applicable law.

Nothing in these Terms removes any mandatory right, protection, remedy, forum, or jurisdiction that applicable law requires to remain available to you.

Any dispute arising from or relating to Xyris or these Terms must be brought before a court, tribunal, arbitration body, consumer forum, or other authority having lawful jurisdiction over the dispute.

Where the parties are legally permitted to agree upon a particular forum or dispute-resolution process separately, any such agreement must be clearly communicated and legally valid.

Xyris does not rely on this section to deprive a consumer of protections or dispute-resolution rights that cannot legally be waived.

27. 26. Entire Agreement

These Terms, together with the Xyris Privacy Policy and any additional terms expressly applicable to a particular Xyris product, subscription, API, promotion, or Service, constitute the agreement between you and Xyris regarding the Services.

They supersede prior agreements concerning the same subject matter except where expressly stated otherwise.

If product-specific terms conflict with these Terms, the product-specific terms control only with respect to the relevant product and only to the extent of that conflict.

28. 27. Contact

Questions, account issues, legal notices, payment disputes, or other inquiries relating to these Terms may be sent to:

Xyris

Email: xyris@xyris.in

Xyris is built to provide broad access to artificial intelligence while collecting and knowing as little about private user activity as reasonably necessary. Where encryption technically prevents Xyris from accessing the plaintext substance of User Content, Xyris cannot read, understand, recover, or disclose plaintext that it does not possess.