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PublicAI TERMS OF SERVICE

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These Terms of Service (these "Terms") govern your access to and use of the Services provided by PublicAI ("PublicAI," "we," "our," or "us"). By accessing or using the Services, you agree to be bound by these Terms, which form a legally binding agreement between you and PublicAI. If you do not agree to these Terms, you must not use the Services.

These Terms are the exclusive home for the contractual provisions between you and PublicAI, including dispute resolution, indemnification, limitation of liability, and force majeure. Our Privacy Policy describes how we handle personal information and does not contain separate or conflicting versions of these provisions; in the event of any conflict regarding such matters, these Terms control.

1. Definitions and Scope

"Services" means PublicAI's associated software applications, application programming interfaces, and websites, collectively.

PublicAI is an AI access and governance platform. PublicAI does not create or generate model content directly; rather, it provides a routing and governance layer over third-party AI models.

  • PublicAI Personal helps individuals access AI more affordably and reliably by aggregating multiple providers with price optimization, availability improvements, and automatic failover.
  • PublicAI Team helps organizations govern and protect how their teams use AI through a private workspace offering member management, budget and model governance, provider-key governance, usage visibility, and privacy-preserving routing.

2. Eligibility

  • You must be at least sixteen (16) years of age, or the minimum age of digital consent in your jurisdiction if higher, to use the Services.
  • If you are below the age of majority in your jurisdiction, you must obtain the permission of your parent or legal guardian to use the Services.
  • The Services are not intended for children below the applicable minimum age, and PublicAI does not knowingly permit their use. Organizations deploying PublicAI Team to populations that may include minors are responsible for obtaining any consents required by applicable law (including COPPA and equivalent regimes).

3. Registration and Accounts

  • You shall provide accurate and complete information when registering for an account and shall keep such information current.
  • You are responsible for all activities that occur under your account.
  • For PublicAI Team, workspace administrators are responsible for managing member access and the configuration of their workspace.

4. Use of the Services

You may use the Services only in compliance with these Terms, all applicable laws, and our policies. Prohibited activities include, without limitation:

  • infringing the rights of others;
  • reverse engineering or decompiling the Services;
  • automatically extracting data or content beyond permitted API use;
  • disrupting the Services or circumventing any security measures; and
  • using outputs from the Services to develop competing models.

5. Software and Open-Source Components

The Services may permit you to download software, which may include open-source software governed by its own license.

Certain elements within the Services are governed by open-source or creative-commons licenses ("Open Source"). The terms of such licenses remain in effect and are not altered by these Terms. The liability limitations, disclaimers, and other provisions of these Terms apply to all Open-Source components. These Terms neither restrict nor grant additional rights beyond the terms of any applicable Open-Source license.

6. Third-Party Services

The Services incorporate third-party software, products, and services, including upstream AI model providers, each of which is subject to its own terms. PublicAI is not responsible for such third-party services. Outputs generated by upstream models ("Third-Party Output") are governed by their respective terms.

You are solely responsible for complying with the terms and conditions of any third-party services, particularly upstream AI provider APIs. Where you bring your own provider keys, you are responsible for ensuring that your use of such upstream accounts complies with the relevant provider's terms, performed at your sole discretion and risk.

You agree that PublicAI is not liable for any breach of third-party terms resulting from your actions, including the configuration or use of provider keys and upstream accounts. You acknowledge that such activities may be governed by terms beyond PublicAI's control and may vary by jurisdiction.

7. Governance and Provider Keys (PublicAI Team)

PublicAI Team provides administrators with governance controls, including member management, budget and token limits, model access permissions, and provider-key (bring-your-own-key) management. You are responsible for configuring such controls appropriately.

The bring-your-own-key model enables your organization to retain ownership of its upstream AI accounts while using PublicAI as a governance layer. PublicAI does not require you to transfer ownership of your upstream accounts in order to use these features.

8. Data Protection and Data Processing Addendum

PublicAI's handling of personal information is described in our Privacy Policy. For PublicAI Team, where PublicAI processes personal information on behalf of a customer organization, PublicAI acts as a processor and the customer acts as the controller. In that case, our Data Processing Addendum ("DPA") — incorporating the Standard Contractual Clauses where applicable — is available on request and, once executed, forms part of these Terms and governs processing roles, security measures, sub-processor notifications, audit rights, breach notification, and assistance with data subject requests. In the event of a conflict between an executed DPA and these Terms regarding the processing of personal information, the DPA controls.

9. Service Plans and Credits

  • The Services are offered as PublicAI Personal (direct, paid access oriented around cost savings and reliability) and PublicAI Team (subscription-based access oriented around governance and privacy).
  • You may pay for certain Services in advance by purchasing service credits or a subscription, subject to these Terms.

10. Content

You may provide input to the Services ("Input") and receive output based on such Input ("Output"). Input and Output are collectively referred to as "Content."

  • When using TEE-protected routing, the PublicAI routing layer does not collect or log the plaintext of User prompts or response data. PublicAI signals, on a per-request basis, whether a request was served over a TEE-protected path, as described in the Privacy Policy.
  • You are responsible for ensuring that your Content does not violate any applicable law or these Terms.
  • You represent and warrant that you hold all rights, licenses, and permissions necessary to provide your Input.

11. Ownership of Content

  • You retain ownership of the Content you create. PublicAI will neither sell your Content nor use it beyond the scope granted in these Terms and our Privacy Policy.
  • Content under specific licenses, including open-source licenses, will continue to adhere to such licenses, and no party may remove the applicable license references.
  • Any content you download, access, or use from the Services or from others is used at your own risk.
  • Due to the nature of the Services and artificial intelligence generally, Output may not be unique, and other Users may receive similar output. The foregoing does not extend any rights to other Users' output or to any Third-Party Output.

12. Proprietary Rights

PublicAI owns all intellectual property rights associated with the Services, including any enhancements, and including the design, code, graphics, interfaces, trademarks, and logos, which remain its exclusive property. You may not modify, reproduce, republish, or license any of PublicAI's proprietary materials without its express written consent. All rights not expressly granted are reserved.

PublicAI retains the unrestricted right to use its knowledge, skills, experience, ideas, concepts, know-how, and techniques. By providing feedback regarding the Services ("Feedback"), you grant PublicAI a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, commercialize, and integrate such Feedback into the Services. PublicAI may use aggregated, anonymized data derived from your use of the Services for improvement purposes, consistent with our Privacy Policy.

You may use PublicAI's name and logo only in accordance with our brand guidelines.

13. Use of Content by PublicAI

PublicAI may use Content to provide, maintain, develop, and improve the Services, comply with applicable law, enforce its terms and policies, and keep the Services safe. For TEE-protected routing, the foregoing does not include access to the plaintext of your prompts or responses.

14. Accuracy of AI Outputs

Artificial intelligence and machine learning are rapidly evolving fields. PublicAI strives to improve the accuracy, reliability, safety, and utility of the Services; however, due to the probabilistic nature of machine learning, Output may not always accurately reflect real people, places, or facts.

You acknowledge and agree that:

  • Output may be inaccurate and should not be relied upon as the sole source of truth or as a substitute for professional advice;
  • you shall evaluate the accuracy and appropriateness of Output for your specific use case, including human review, before using or sharing it;
  • you shall not use Output concerning individuals for decisions that could significantly affect their lives, including decisions relating to credit, employment, or medical matters; and
  • Output that appears incorrect, incomplete, or offensive does not reflect the views of PublicAI, and references to third-party products or services within Output do not imply endorsement.

15. Changes to Pricing

PublicAI may change its prices and plan terms from time to time, with notice as appropriate.

16. Termination and Suspension

You may stop using the Services at any time.

PublicAI may suspend or terminate your access or delete your account, including where:

  • you breach these Terms or our usage policies;
  • compliance with legal obligations requires it;
  • your usage poses a risk or harm to PublicAI, our Users, or others; or
  • your account has been inactive for over one year without a paid subscription.

If you believe your account was suspended or terminated in error, you may file an appeal by contacting our support team. An appeal does not guarantee reinstatement.

17. Discontinuation of Services

PublicAI may discontinue the Services. If it does, PublicAI will provide advance notice and a refund for any prepaid, unused Services.

18. Disclaimer of Warranties

The Services are provided "AS IS" and "AS AVAILABLE" without any warranties, whether express, implied, statutory, or otherwise, except as prohibited by law. PublicAI disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising from course of dealing or trade usage.

PublicAI does not guarantee that the Services will be uninterrupted, error-free, or accurate, or that Content will be secure or not lost or altered. All Output is used at your own risk and should not be relied upon as the sole source of truth or as a substitute for professional advice.

19. Limitation of Liability

To the extent permitted by applicable law, PublicAI and its affiliates and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, or data, even if advised of the possibility of such damages.

The total aggregate liability of PublicAI under these Terms shall not exceed the greater of:

  • the amount you paid for the Service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability; or
  • one hundred fifty dollars (US$150),

to the extent permitted by applicable law. Local laws may provide additional rights; in such cases, these Terms limit PublicAI's responsibilities to the maximum extent permitted by your place of residence.

20. Indemnification

To the extent permitted by applicable law, you shall indemnify, defend, and hold harmless PublicAI, its affiliates, and its personnel from and against any claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • your misuse of the Services;
  • your violation of these Terms or any third-party rights, including the terms of any upstream AI provider; or
  • any legal claim arising from your Content or activities conducted through the Services.

This indemnification obligation applies to all Users. If you use the Services on behalf of a business or organization, that entity is jointly and severally responsible for the obligations in this Section, and the references to "you" include that entity.

21. Dispute Resolution; Mandatory Arbitration

This Section is the sole and exclusive dispute-resolution provision between you and PublicAI and applies to all disputes relating to these Terms, the Privacy Policy, or the Services.

  1. Informal resolution first. Before initiating arbitration, the parties shall attempt to resolve the dispute informally. You shall notify PublicAI of any dispute through our support team, and PublicAI will respond via the email associated with your account. If a dispute is not resolved within sixty (60) days, either party may commence arbitration. Any applicable statute of limitations shall be tolled during the informal-resolution process.
  2. Agreement to arbitrate. You and PublicAI agree to resolve all remaining disputes through final and binding arbitration, regardless of when the claim arose. You have thirty (30) days from account creation, or from any update to these arbitration terms, to opt out by contacting our support team. If you opt out following an update, the previously effective arbitration terms shall remain in force.
  3. Forum and procedures. Arbitration shall be conducted under applicable arbitration rules, with the Federal Arbitration Act governing these arbitration terms. Arbitration shall preferably be conducted by videoconference. A sole arbitrator who is a retired judge or a licensed attorney in California shall preside and shall have exclusive authority to resolve disputes, except where the state or federal courts located in San Francisco, California are required to decide issues relating to enforceability, the validity of the class-action waiver, or requests for public injunctive relief.
  4. Exceptions. This arbitration agreement does not apply to individual claims brought in small-claims court or to requests for injunctive relief concerning the unauthorized use, abuse, or infringement of intellectual property relating to the Services.
  5. Class and jury trial waivers. You and PublicAI agree to resolve disputes individually and not in any class, consolidated, or representative action. Each party waives any right to a jury trial and agrees to litigate any public injunctive relief claims in court following arbitration.
  6. Severability of arbitration terms. If any portion of these arbitration terms is found to be illegal or unenforceable, the remainder shall remain in effect; provided that, if a finding of partial illegality or unenforceability would permit class arbitration, class action, or representative action, this entire dispute-resolution section shall be unenforceable in its entirety.

22. Force Majeure

PublicAI shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, governmental restrictions, cyber-attacks, telecommunications failures, upstream-provider outages, or power outages. In such circumstances, performance obligations shall be suspended for the duration of the event.

23. Third-Party Content

The content and services available through the Services may include materials from third parties, including upstream AI providers. PublicAI does not review, control, or assume responsibility for the accuracy, appropriateness, or completeness of third-party content, and does not endorse it. Such content is provided on an "as is" and "as available" basis and is governed by the terms and privacy policies of the respective third parties.

24. Reporting Infringements

PublicAI adheres to the Digital Millennium Copyright Act. If you believe that any content on our website infringes your intellectual property rights, you may submit a detailed and accurate claim to our support team. If you suspect that third-party content accessible through the Services violates your rights, you shall contact the responsible third party directly in accordance with its procedures.

25. Assignment

You may not assign or transfer any rights or obligations under these Terms, and any attempted assignment in violation of this provision is void. PublicAI may assign its rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with the Services.

26. Changes to Terms and Services

PublicAI regularly updates and improves the Services and may modify these Terms and the Services as needed, including for legal or regulatory updates, security enhancements, or events beyond its control. PublicAI reserves the right to update these Terms at any time, and all changes are effective upon posting to our website. If you do not agree to the changes, you must stop using the Services.

27. Delay in Enforcement; Severability

The failure of PublicAI to enforce any provision of these Terms shall not constitute a waiver of its right to do so subsequently. Except as provided in Section 21 (Dispute Resolution; Mandatory Arbitration), if any portion of these Terms is determined to be invalid or unenforceable, such portion shall be enforced to the maximum extent permissible and shall not affect the enforceability of the remaining provisions.

28. Trade Controls Compliance

You shall comply with all applicable trade laws, including sanctions and export-control laws. You shall not use, export, or re-export the Services to any embargoed country or territory, or to any individual or entity blacklisted under trade laws, nor use the Services for any purpose prohibited by trade laws.

29. Governing Law and Forum

These Terms shall be governed by the laws of the State of California, excluding its conflict-of-laws principles. Except as provided in Section 21 (Dispute Resolution; Mandatory Arbitration), all claims arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in San Francisco, California.

30. Entire Agreement; Headings

  • These Terms, together with the Privacy Policy and, where applicable, the Data Processing Addendum, constitute the entire agreement between you and PublicAI regarding the Services and, other than any service-specific terms, supersede any prior or contemporaneous agreements between you and PublicAI.
  • The headings used throughout these Terms are for convenience and reference only, have no legal effect, and shall not affect the interpretation of these Terms.

31. Execution

Each party represents and warrants that:

  • it possesses the legal right and capacity to enter into, execute, deliver, and perform this agreement;
  • the individual executing this agreement on the party's behalf has full power and authority to bind such party; and
  • this agreement constitutes a valid and binding obligation of such party.

You agree that an electronic signature shall have the same force and effect as a manual signature.