Terms of Service

01Who we are

Milkxi is a service of QWEST Ι.Κ.Ε. (“we”, “us”), the company these terms are an agreement with.

Legal name

QWEST Ι.Κ.Ε. (QWEST P.C.)

Legal form

a private company (Ιδιωτική Κεφαλαιουχική Εταιρεία) under the laws of Greece

Registered office

Aristotelous 11-15, 104 32 Athens, Greece

General Commercial Registry (Γ.Ε.ΜΗ.)

189031301000

VAT number

EL803084930

Email

aristogiannisphilippis@gmail.com

02The agreement

These terms are an agreement between you and QWEST Ι.Κ.Ε. for the use of Milkxi: the website, the dashboard and the API. You accept them when you create an account, by ticking the box on the sign-up page, and again each time you use the service. We keep a record of the version you accepted and when.

If you use Milkxi for a company or another organisation, you accept these terms for that organisation, you confirm that you are allowed to, and “you” means that organisation. The members you invite to a workspace use the service under these terms as well, and you are responsible for what they do in it.

You must be at least 18 years old and able to enter into a contract where you live.

Both businesses and consumers may use Milkxi. A consumer is a natural person who uses the service for purposes outside their trade, business or profession. Where a clause says that it applies to consumers, it applies to you only if you are one. Nothing in these terms takes away a right that the consumer law of the country you live in gives you and does not allow to be waived.

The Privacy Policy explains what personal data we process and why. The Data Processing Agreement is part of these terms whenever you send personal data about other people through the service (clause 16).

03The service

Milkxi gives you access to AI models through an API that follows a widely used format, and a dashboard for API keys, usage, billing and the members of your workspace. What the service does, its limits and its prices are described on the docs and pricing pages, which are part of these terms as they stand at the time of each request.

We do not promise that the service will be available at all times, that it will answer within any particular time, or that a particular model or feature will stay available. We apply rate limits, which depend on what your workspace has bought and are published on the pricing page, and we may lower them for a workspace that puts the service at risk.

We may add to the service, change it or withdraw parts of it. Where a change takes away something you rely on, we will tell you at least 30 days in advance, by email or in the dashboard, unless the change is needed for security, to comply with the law, or to comply with the terms of the providers we depend on, in which case we tell you as soon as we reasonably can.

04Your account and your keys

Your account is yours alone: do not share your password. Keep your API keys secret. You are responsible for what is done with your account and with your keys, including by the people you invite to your workspace and by any program you give a key to.

If a key may have leaked, revoke it in the dashboard and tell us. Requests made with a key are charged to the workspace it belongs to until the key is revoked.

Give us accurate information when you sign up and keep your email address current: it is where we send the notices these terms speak of, and we treat an email to it as received by you.

05Acceptable use

You agree not to use the service, and not to let anyone use it through your keys, to:

• break the law, or help anyone else to;
• harm, harass, threaten, deceive or defraud people, or create or spread content that sexually exploits or endangers children, which we report to the authorities;
• create or spread malware, or attack, probe or overload systems you do not own or have permission to test;
• infringe the rights of others, including their intellectual property, their privacy and their rights under data protection law;
• make decisions about people that have legal or similarly significant effects on them, such as decisions about credit, employment, housing, insurance, education or access to essential services, without meaningful review of each decision by a person;
• do anything the EU Artificial Intelligence Act prohibits, such as manipulating people to their detriment, social scoring, or inferring the emotions of people at work or in education, or use the service as part of a high-risk AI system under that Act without meeting the obligations the Act puts on you;
• present what the model wrote as written by a person where the law requires you to tell people that they are dealing with an AI system or reading machine-generated content, or use it to impersonate anyone;
• develop, design or acquire weapons, including chemical, biological, radiological or nuclear ones, or plan violence;
• get around rate limits, spend limits or any other technical limit of the service, or probe, scrape or extract how the service is built or which model runs it;
• interfere with the service or with other customers’ use of it.

The providers that host the service and run the model for us have acceptable-use rules of their own, which cover the same ground as this clause. We pass them on to you: you agree to use the service within them as well, and we may suspend an account to comply with them.

You are responsible for what you build with the service: for the laws that apply to it, including the EU Artificial Intelligence Act, the General Data Protection Regulation and the laws of the countries you offer it in, and for telling your own users what they need to know.

We may suspend an account that breaks this clause, with or without notice (clause 11).

06Your content

What you send to the API and what it sends back are yours, as far as the law allows: we claim no right in either, and we use them for nothing but answering your request. You are responsible for both: for having the right to send what you send, and for how you use what comes back.

We don't store your prompts or completions. The Privacy Policy describes the data we do process. If what you send includes personal data about other people, we process it on your instructions and on your behalf, under the Data Processing Agreement.

Answers are generated by a model. They can be wrong, incomplete, biased or out of date, and the same question can get different answers. They are not legal, medical, financial or other professional advice. Check them before you rely on them, above all where a mistake could harm someone.

07Credits and payment

The service is prepaid. You buy credits, in US dollars, and each request is paid from your balance at the prices on the pricing page at the time of the request. The smallest top-up is $20 and the largest is $2,000. For its first 7 days, a workspace can add up to $250 in any 24 hours. We may refuse or limit a purchase to prevent fraud.

Prices exclude VAT and any other tax. Where VAT applies, it is added at the checkout. You are responsible for any other taxes that apply to your purchases. If you buy as a business from another EU country and give your VAT number at the checkout, no VAT is added and you account for it yourself under the reverse-charge rule.

While a request runs, we place a temporary hold on your balance for the most the request could cost, and release it when the request finishes. A request that your balance cannot cover is refused.

Credits do not expire while your workspace exists. They cannot be transferred to another workspace or person, and they cannot be exchanged for money, except as clause 9 says. Credits we grant for free are never refunded.

When you buy credits, you ask us to make them available as soon as the payment is confirmed, and you confirm this at the checkout. What that means for a consumer’s right of withdrawal is in clause 9.

We may change our prices and the rules of top-ups. A new price applies to requests made after it takes effect; we announce a price increase at least 30 days in advance by email or in the dashboard. Credits you have already bought keep their value in dollars.

If you dispute a payment with your card issuer, the workspace it was paid for is suspended until the dispute is settled (clause 11).

08Receipts and invoices

Payments are taken by our payment processor, on its own pages, where you give your card details, your billing address and, if you buy as a business, your VAT number. For each payment it emails a receipt to the address of the member who paid, showing the amount, the VAT and our identity. The billing page of your dashboard lists every top-up and every refund.

If you need an invoice with your company’s details on it, write to us (clause 17) with the workspace and the payment, and we send it by email.

09Refunds and the right of withdrawal

Credits are not refundable, except as this clause says.

If you are a consumer

You may withdraw from a purchase of credits within 14 days of the day you paid, without giving a reason. Because you ask at the checkout for the credits to be made available at once, before those 14 days end, the right of withdrawal does not cover the credits you have used: we refund the unused part of the purchase, and nothing once all of its credits have been used. At the checkout you confirm this in these words:

I ask for the credits to be made available as soon as my payment is confirmed. If I am a consumer, I acknowledge that I lose the right of withdrawal for credits I use, and the right as a whole once the credits of this purchase are used up.

To withdraw, write to us (clause 17) within the 14 days, naming the workspace, the date and the amount of the purchase. You may use this wording: “I give notice that I withdraw from my purchase of credits of [amount], paid on [date], for the workspace [name]. [Your name, your email address, the date].” Credits are used in the order they were bought, so the unused part of a purchase is what is left of it after that. We refund it, together with the VAT that was charged on it, to the card you paid with, within 14 days of receiving your notice.

Everyone

• We refund a payment taken by mistake, such as a payment taken twice for one purchase.
• We refund the unused purchased credits of a workspace when we end this agreement, or withdraw the service, without you being in breach of these terms (clause 11).
• We do not refund the credits of an account closed for a breach of these terms, to the extent the law allows us not to.

A refund takes the refunded credits out of your balance, which can go below zero if they were already used; a balance below zero has to be settled before the workspace can be used again.

10Availability

We work to keep the service running and responsive, but we do not promise that it will be available at all times or free of errors. We apply rate limits, and we may limit or interrupt the service for maintenance, for security, or to protect it and its customers. Where we can plan an interruption, we announce it in the dashboard.

11Suspension and closing your account

You may stop using the service at any time. An owner may delete a workspace from its settings page once its balance is exactly zero and no request is running; a workspace that payments went through is closed by us on request, because we have to keep its billing records. Deleting a workspace deletes its API keys, its usage history and its audit log, and cannot be undone. Unused credits are refunded only as clause 9 says.

We may suspend a workspace, or close an account, when you break these terms, when it puts the service or other people at risk, when a payment is disputed or reversed, or when the law or the providers we depend on require it. Where we reasonably can, we tell you first and give you the chance to put things right; where we cannot, we tell you afterwards. While a workspace is suspended, its keys are refused and it cannot be deleted.

We may also end this agreement for any other reason, with 30 days’ notice by email. We then refund the unused purchased credits of your workspaces.

Clauses 6, 9, 13, 15 and 16, and anything else that by its nature should outlast the agreement, stay in force after it ends.

12No warranty

The service is provided as it is. To the extent the law allows, we give no warranty, express or implied, including that the service or its output is fit for a particular purpose, accurate, or free of interruption.

If you are a consumer, this clause does not limit the rights the law gives you where a service is not as agreed.

13Limit of liability

To the extent the law allows, we are not liable for indirect or consequential loss, for lost profits, revenue, business or data, or for loss caused by the content of an answer the model generated.

Our total liability to you, for everything connected with the service, whether in contract, in tort or otherwise, is limited to what you paid us in the twelve months before the event that gave rise to the claim.

Nothing in these terms excludes or limits our liability for intent or gross negligence, for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow to be limited, including your rights under mandatory consumer law and under data protection law.

If you are a business, you will compensate us for claims that others bring against us because of what you sent to the service or how you used what came back, except to the extent we caused the claim.

14Changes to these terms

We may change these terms. The version and the day it took effect are at the top of this page. When a change matters to you, because it adds an obligation, takes away a right, or changes prices or refunds, we tell you at least 30 days before it takes effect, by email to the address of your account and in the dashboard. A change required by law or by a court, or that only adds something, may take effect sooner.

If you are a business, using the service after a change takes effect is acceptance of the new terms. If you are a consumer and you do not agree with a change, you may end the agreement before the change takes effect, by writing to us, and we refund the unused purchased credits of your workspace.

15Complaints, disputes and governing law

If something goes wrong, write to us first (clause 17). We answer within 14 days and do our best to resolve it with you.

If you are a consumer, you may also bring a dispute to the Hellenic Consumer’s Ombudsman (Συνήγορος του Καταναλωτή, www.synigoroskatanaloti.gr), an alternative dispute resolution body recognised under EU law. We take part in its proceedings in good faith.

These terms are governed by Greek law, and the courts of Athens, Greece decide disputes about them. If you are a consumer, you keep the protection of the mandatory law of the country you live in, you may bring a claim before the courts of that country, and we may bring a claim against you only there.

16Other terms

Assignment. We may transfer this agreement to a company that takes over the service or our business, and we tell you when we do. You may transfer it only with our written consent.

Severability. If a clause of these terms is found to be invalid or unenforceable, the rest stays in force, and the clause is applied to the extent the law allows.

The whole agreement. These terms, the Privacy Policy, the Data Processing Agreement, and the docs and pricing pages are the whole agreement between us about the service. Nothing else, said or written, is part of it.

No waiver. If we do not enforce a clause at some point, we may still enforce it later.

Notices. We send notices to the email address of your account and show them in the dashboard. You send notices to the address in clause 17.

Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control, such as a failure of the providers we depend on, a network outage, an attack on the service, a natural disaster, war or an act of a public authority. Your duty to pay for what you used is not affected.

Sanctions and export control. You may not use the service if you are in, or ordinarily reside in, a country or territory under comprehensive sanctions of the European Union, the United Nations or the United States, or if you are on a sanctions list of any of them. You may not use the service for anything that EU or US export control law prohibits, and you may not export or re-export it in breach of those laws.

Language. These terms are written in English. If we provide a translation, it is for convenience, and the English text governs.

Personal data. The Data Processing Agreement is part of this agreement and applies whenever you send personal data about other people through the service.

17Contact

If you have a question about these terms, write to aristogiannisphilippis@gmail.com.