Terms of Use

This User Agreement (the “Agreement”) is a legally binding public offer by ApiWay, Inc., a Delaware corporation (“ApiWay”, “we”, “us”), to grant a non‑exclusive license to use the ApiWay software and services (the “Software” or the “Service”). By registering an account, checking the acceptance box, or using the Service, you (“User”, “you”) agree to this Agreement and to the Privacy Policy.

1. Terms and Definitions
1.1. Account — the User’s account identified by registration data. Account Data includes, for example, name, email, billing details, and settings.
1.2. Account Registration — actions signaling intent to conclude this Agreement (e.g., clicking “Register”, SSO, OAuth).
1.3. Website (Site) — the web resources through which the Service is provided.
1.4. License — a non‑exclusive right to use the Software as provided herein.
1.5. Personal Account — the User’s authenticated workspace identified by email.
1.6. Control Panel — the user interface that enables configuration of the Service.
1.7. Extensions — add‑on features offered at ApiWay’s discretion.
1.8. Server — the cloud and hardware infrastructure used to operate the Service.
1.9. Email — for ApiWay: [email protected]; for the User: the address provided during registration.
1.10. Integration Content — data that the User transmits through the Service between third‑party systems (e.g., CRM, messengers, storage). Unless otherwise stated, Integration Content is processed in a transit/ephemeral manner and is not persistently stored by ApiWay beyond what is necessary to complete transmission, ensure delivery, provide minimal logs, secure the Service, or comply with law.
1.11. AI Inputs / AI Output — prompts, images, or other content you submit to AI features and the resulting generated content returned by those features.
1.12. Third‑Party Providers — vendors whose services the Service relies on (e.g., cloud, email, AI). This includes Google’s AI services (e.g., Gemini) used to power certain features.

2. Subject of the Agreement
2.1. ApiWay grants the User a non‑exclusive, non‑transferable, revocable license to use the Software during the subscription term, within the functionality available to the User’s plan.
2.2. All intellectual property rights in the Software and Extensions are owned by ApiWay or its licensors. No rights are granted except as expressly stated.
2.3. This Agreement applies to all updates, upgrades, beta features, and Extensions delivered as part of the Service.

3. Scope of License and Acceptable Use
3.1. The User may configure the Software via the Control Panel within available limits.
3.2. The User must not: (a) access or attempt to access source code; (b) reverse engineer or circumvent technical limits; (c) use the Service for unlawful, infringing, deceptive, or abusive activities (including spam, malware, harassment, or privacy violations); (d) copy, publish, resell, or rent the Service; (e) attempt to interfere with the Service’s security or availability; (f) submit content that violates third‑party rights, contains personal data without a lawful basis, or includes special‑category/sensitive data unless strictly necessary and lawfully permitted; (g) use AI features for prohibited purposes (e.g., deepfakes for deception, biometric identification, or medical/financial/legal advice without professional oversight).
3.3. The results of the User’s use of the Software (including content the User inputs and outputs generated through AI features) belong to the User, subject to third‑party rights and this Agreement.

4. Rights and Obligations
4.1. ApiWay may improve, modify, or discontinue features; introduce or adjust service limits; and perform maintenance. Material changes to paid functionality will be notified to the account email with 30 days’ notice where practicable.
4.2. ApiWay will provide access to the Service and reasonable support subject to the User’s compliance with this Agreement.
4.3. ApiWay may suspend or terminate access if the User breaches this Agreement, to prevent harm, or as required by law or third‑party providers.
4.4. The User is responsible for: (a) maintaining the confidentiality of access credentials; (b) providing and maintaining necessary connectivity and equipment; (c) configuring integrations and verifying results; (d) ensuring that User content and use of the Service comply with law and third‑party terms.

5. Transfer of Rights; Term; Termination
5.1. License rights are provisioned upon account activation. No physical delivery occurs.
5.2. The Agreement remains in force while the User uses the Service. ApiWay may terminate or suspend access for breach or as otherwise permitted herein. The User may terminate by closing the account in accordance with the Service process.
5.3. Following termination or sustained account blocking, ApiWay may delete the Account and associated data after a retention period consistent with the Privacy Policy.

6. Integrations; Data Transit; Third‑Party Providers
6.1. Transit/ephemeral processing. For integrations, ApiWay’s role is to receive and transmit Integration Content between third‑party systems designated by the User. ApiWay does not use Integration Content for its own purposes and does not retain Integration Content longer than necessary to complete transmission, ensure delivery, provide minimal diagnostics, secure the Service, or comply with law.
6.2. Third‑party dependencies. The Service depends on third‑party providers (e.g., cloud infrastructure, messaging gateways, and AI services such as Google’s Gemini). The User authorizes ApiWay to transmit AI Inputs and Integration Content to such providers solely to deliver the Service. ApiWay does not control and is not responsible for third‑party services’ availability, performance, policies, or outputs.
6.3. The User is responsible for complying with third‑party terms (e.g., Google, Meta, CRM vendors) where integrations are used and for ensuring a lawful basis to process any third‑party personal data through the Service.

7. AI Features — Important Disclaimers & User Responsibilities
7.1. Nature of AI. AI Output (e.g., virtual try‑ons, furniture placement, image transformations) is generated automatically and may be inaccurate, incomplete, or misleading. AI Output is not factual or professional advice and should not be relied upon as the sole basis for decisions.
7.2. Verification. You must review and verify AI Output before using it (for example, measurements, fit, colors, materials, spatial compatibility, safety). For critical use cases, seek human/professional review.
7.3. Prompt quality. You agree to use accurate, complete prompts and to apply reasonable efforts to obtain reliable results (e.g., clear photos, true dimensions, correct context). You are responsible for any consequences of imprecise or misleading prompts or inputs.
7.4. Provider usage. ApiWay may use Google’s AI services (e.g., Gemini) and similar providers to process AI Inputs and generate AI Output. Where available, we configure vendor settings to restrict training on your data and contractually limit vendor use to providing the service to us. Providers may change over time.
7.5. Rights in outputs. AI Output may not be unique and may be similar to outputs produced for others. You are responsible for ensuring that your use of AI Output complies with applicable law and third‑party rights, including copyrights, trademarks, and publicity/privacy rights. Do not use AI Output for deception or impersonation.

8. No Warranties; Service Availability
8.1. THE SERVICE, SOFTWARE, AI FEATURES, AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APIWAY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
8.2. ApiWay does not warrant that the Service will be uninterrupted, error‑free, secure, or accurate; that defects will be corrected; or that AI Output will meet your requirements. Outages, maintenance windows, incidents, delays, and third‑party failures may occur.

9. Limitation of Liability
9.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APIWAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APIWAY’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY THE USER TO APIWAY FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, IF NO AMOUNTS WERE PAID, US$100).
9.3. Nothing in this Agreement excludes liability that cannot be excluded under applicable law.

10. Indemnification
The User will defend, indemnify, and hold harmless ApiWay and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) User content (including Integration Content, AI Inputs, and AI Output) or use of the Service; (b) violation of this Agreement, law, or third‑party rights; or (c) misuse of AI features (including deceptive uses, infringement, or privacy violations).

11. Confidentiality
11.1. The Parties will keep confidential non‑public information disclosed in connection with the Agreement and use it only to perform the Agreement. Each Party will apply protections at least as strong as those it uses for its own similar information.
11.2. Confidentiality obligations do not apply to information that is public, was independently developed, or is required to be disclosed by law (with notice where lawful). Obligations survive termination for five (5) years.

12. Modifications
ApiWay may modify this Agreement by posting an updated version. Material changes to paid functionality will be notified to the account email with 30 days’ notice where practicable. Continued use after the effective date constitutes acceptance.

13. Governing Law; Dispute Resolution
13.1. This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑laws principles, and without prejudice to mandatory consumer protections under the laws of the User’s habitual residence where applicable.
13.2. Before filing a claim, the Parties will attempt to resolve disputes informally for 30 days after a written notice of dispute. If unresolved, disputes will be brought exclusively in the state or federal courts located in Delaware, USA, and the Parties consent to personal jurisdiction and venue there. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.

14. Export; Sanctions
The User represents that the Service will not be used in violation of U.S. or other applicable export control and sanctions laws and is not a prohibited party under such laws.

15. Miscellaneous
15.1. If any provision is held invalid, the remainder will remain in effect.
15.2. Neither party is liable for delays due to force majeure (including power outages, Internet backbone failures, routing system failures, DNS disruptions, DDoS or other attacks, natural disasters, war, civil unrest) provided reasonable efforts are made to mitigate impact and notify the other party where feasible.
15.3. The User may not assign this Agreement without ApiWay’s consent; ApiWay may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
15.4. This Agreement, together with the Privacy Policy and any order forms, constitutes the entire agreement regarding the Service and supersedes prior or contemporaneous understandings.

16. Contact
ApiWay, Inc., Delaware, USA — [email protected].