Terms of service

Vindex (the "Service") screens the text of prompts before content is generated. You send a prompt, and optionally metadata and an end-user id, through the API. Vindex checks it against the policy you set, returns a decision with its explanation, and runs the actions you configure: tags, a review queue, rules and webhooks. The Service includes the API, the dashboard and the documentation.

Vindex accepts text only. It never receives images.

The Service is for businesses, not for personal or household use. You must be able to form a binding contract, and you must not be barred from using the Service under the laws of the United States or where you are based.

You are responsible for your workspace, for the people you invite to it and the roles you give them, and for everything done in it. Keep sign-in details secure and tell us promptly at security@getvindex.com if you think your account has been compromised.

API keys are your responsibility. Keep them secret, don't put them in client-side code, and revoke a key you think has leaked. We store keys only as hashes and can't recover one for you. Any request made with your keys is treated as made by you, including the decisions it uses and the charges it adds, until you revoke the key.

You own the prompts, metadata, policies and other content you send to or create in the Service ("Customer Data"). You give us permission to host, copy, transmit and process Customer Data only as needed to provide, secure and support the Service for you, including sending prompt text to our sub-processors as described in our privacy policy. Our data processing agreement forms part of these terms and applies to personal data in Customer Data.

You are responsible for Customer Data and for having the rights, notices and consents needed to send it to us. Send only what screening needs: use pseudonymous end-user ids rather than names or email addresses, and don't deliberately send sensitive personal data.

We keep decisions for your plan's retention period, then delete them. You can export decisions from the dashboard while they are kept. We may use aggregate numbers about how the Service performs, such as request counts and latency, which never include your prompt text, to run and improve it.

You must not, and must not let anyone else:

• use the Service to generate, store or distribute illegal content, including any sexual content involving a minor;
• use the Service to test or refine prompts so they get past Vindex or any other safety system;
• send content you don't have the right to send;
• break the law, or infringe or violate anyone's rights, through the Service;
• copy, resell or sublicense the Service, reverse engineer it, or use it to build a competing product;
• get around rate limits, plan limits or security measures, or disrupt the Service or other customers' use of it;
• test the Service's security other than under the responsible disclosure terms on our trust & safety page;
• share API keys or accounts outside your business.

We may investigate suspected abuse. If you break this section, we may suspend or terminate your account, with or without notice depending on how serious the breach is, and we will cooperate with law enforcement where the law requires.

On every policy and every plan, Vindex blocks prompts that its minors check finds ask for sexual content involving a minor. You can't turn that check off, and you agree not to try to work around it. Its blocks are enforced even in shadow mode. The text of those prompts is hidden in the dashboard and API; revealing one is limited to owners and admins and is logged.

Plans, prices, included decisions and overage rates are listed on our pricing page or in your order. Subscription fees are charged in advance, monthly or yearly, through Stripe. Decisions beyond your plan's included amount are billed per 1,000 decisions at your plan's overage rate, in arrears for each billing period.

Stripe processes card payments under its own terms. We don't receive or store card numbers. Fees exclude taxes, which you pay where they apply. If a payment fails, Stripe will retry it; if it still isn't paid, we may suspend the Service after telling you.

We may change prices by giving at least 30 days' notice by email. A new price applies from your next billing period after the notice ends.

Every paid plan starts with a 14-day free trial, and a card is required to start one. You aren't charged until day 15, and you can cancel anytime before then. If you don't cancel before the trial ends, your subscription starts and your card is charged for the plan you chose. One trial per business.

You can cancel at any time from the dashboard. Cancellation takes effect at the end of the billing period you have paid for, and the Service keeps working until then. We don't refund partial months or periods, or unused decisions, except where section 12 or the law says otherwise.

Shadow mode, test keys and dry runs let you see decisions before you rely on them. Depending on the mode, reviews, rules or webhooks don't run, as the documentation describes. In shadow mode, a block by the minors check still runs its actions. You remain responsible for what your platform does with content while you use any of them.

Self-serve plans come with no uptime or support service level agreement. An Enterprise agreement may include one. We work to keep the Service available and may change or improve it over time. If we remove a feature you rely on in a way that materially reduces the Service, we will tell you in advance by email.

Either of us may end these terms if the other materially breaches them and doesn't fix the breach within 30 days of written notice. We may suspend or terminate immediately for a breach of section 5 or 6, for non-payment after notice, or where continuing would expose us or others to legal liability or harm. We may also stop offering the Service with at least 30 days' notice, in which case we refund any prepaid fees for the unused period.

When these terms end, your access ends and we delete Customer Data as set out in our data processing agreement. Sections that by their nature should survive, including sections 4, 13, 14, 15, 16, 17, 18 and 20, do.

Each of us will keep the other's non-public information confidential, use it only for this agreement, and share it only with people who need it and are bound to protect it. This doesn't cover information that is public through no fault of the recipient, already known to it, independently developed, or that the law requires it to disclose.

We own the Service, including its checks, models we build, software and documentation. These terms give you a right to use the Service during your subscription, and no other rights. If you send us feedback or suggestions, we may use them without any obligation to you.

Vindex is a screening aid. Its checks give probabilities, and any automated system will sometimes block content it shouldn't or allow content it should have stopped. You remain responsible for your platform: for your policy and how you configure Vindex, for how you act on its decisions, for the content your users create and your platform generates, for moderation, and for meeting the laws that apply to you.

Except as expressly stated in these terms, the Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or will detect or stop any particular content.

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of these terms or the Service, even if told they were possible.

Each party's total liability arising out of these terms or the Service is limited to the fees you paid us for the Service in the 12 months before the event that gave rise to the claim.

These limits don't apply to your payment obligations, to your obligations under sections 5 and 17, or to liability that the law does not allow to be limited.

You will defend and indemnify Sqwark, and its members, employees and contractors, against third-party claims, and the resulting losses and reasonable costs, arising from Customer Data, your platform and its content, or your breach of section 5. We will tell you promptly about any such claim, let you control its defence, and cooperate reasonably at your cost. You won't settle a claim in a way that admits fault by us without our consent.

These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising out of these terms or the Service, and both parties consent to it. Either party may still seek urgent injunctive relief in any court with jurisdiction.

We may update these terms. For a material change we will email account owners at least 30 days before it takes effect. If you don't agree, you can cancel before then; if you keep using the Service after the change takes effect, the updated terms apply. The date at the top of this page shows the latest version.

• These terms, the privacy policy, the data processing agreement and any order form are the whole agreement about the Service. If they conflict, an order form wins, then the data processing agreement for personal data, then these terms.
• We send notices to the email address of your workspace owners. You send notices to hello@getvindex.com.
• You may not transfer these terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Neither party is liable for delays or failures caused by events beyond its reasonable control.
• You will comply with US export control and sanctions laws in using the Service.
• If a provision is found unenforceable, the rest stays in effect. Not enforcing a provision isn't a waiver of it. The parties are independent contractors.

Sqwark Industries LLC, a Wyoming limited liability company. Questions about these terms: hello@getvindex.com.