> ## Documentation Index
> Fetch the complete documentation index at: https://docs.bizyair.vip/llms.txt
> Use this file to discover all available pages before exploring further.

# Terms of Service

> BizyAir platform terms of service.

**Updated Date: June 1, 2026**

Welcome to the BizyAir platform ("BizyAir", "we", "us", or "the Platform"). These Terms of Service (the "Terms" or "Agreement") constitute a legally binding contract between you and BizyAir regarding your access to and use of the BizyAir platform, website ([**https://bizyair.ai**](https://bizyair.ai)), and related websites, plugins, mobile applications, APIs, and other services (collectively, the "Services").

Please read the following terms carefully: by clicking "I Accept" or downloading, installing, registering, or otherwise accessing or using the Services, you represent that you have read, understood, and agree to be bound by the following terms and conditions (including BizyAir's Privacy Policy), each available at [bizyair.ai](http://bizyair.ai) and incorporated into this Agreement by reference, collectively referred to as the "Terms"). **If you do not meet the eligibility requirements or do not agree to these Terms, you have no right to use the Services. Your use of the Services, and BizyAir's provision of the Services to you, constitute an agreement between you and BizyAir governed by these Terms.**

Special Notice You are advised to read carefully and fully understand the contents of all provisions, especially the provisions regarding liability exemption or limitation, governing law, and dispute resolution. **Provisions regarding limitations, disclaimers, and those involving your significant rights and interests appear in bold and/or ALL CAPS.**

### **Definitions**

1.1 "**Services**" means the AI model inference APIs, model hosting, AI-generated content generation, compute resource scheduling, console management, and related documentation and technical support provided by BizyAir.

1.2 "**API**" means the Application Programming Interface used to send requests to the Platform and receive AI Output.

1.3 "**Models**" means the machine learning models, algorithms, weights, parameters, and architectures accessed through the Services, including BizyAir's self-deployed open-source models ("BizyAir Self-Deployed Models") and Third-Party Models.

1.4 "**User Content**" means the prompts, text, images, audio, video, code, or data that you input, upload, submit, or transmit to the Services via the API or console.

1.5 "**AI Output**" means the responses, content, or data generated by the Services based on User Content.

1.6 **"Fees"** means the amounts payable by you to BizyAir for your use of the Services, as calculated in accordance with the Pricing Document and the billing model applicable to your account. "Prepaid Balance" means funds you have deposited in advance into your account for use under the Prepaid Balance billing model described in Section 5. "Promotional Balance" means complimentary funds granted by BizyAir through events, promotions, or sign-up bonuses.

1.7 "**Token**" means a unit of text or data processed by a Model, used as a basis for calculating API consumption fees.

1.8 "**Enterprise API**" means the dedicated API access service provided by BizyAir to enterprise users through a separate written agreement, console identification, or specific subscription plan.

1.9 "**Compute Resource Services**" means the cloud computing power supply services provided by BizyAir, including but not limited to on-demand instances, preemptible / Spot instances, compute scheduling, task queues, and related infrastructure services.

1.10 "**BizyAir Materials**" means all software, APIs, user interfaces, visual designs, documentation, trademarks, service marks, brand elements, domain names, and underlying technologies owned or controlled by BizyAir that are related to the Services.

1.11 "**Documentation**" means the technical specifications, user guides, pricing pages, and integration materials published by BizyAir at bizyair.ai/docs or bizyair.ai/pricing, as updated from time to time.

1.12 "**Pricing Document**" means the official pricing page published at bizyair.ai/pricing, which sets forth the unit price applicable to each Model, instance type, and feature.

1.13 "**Feedback**" means any suggestions, comments, improvement ideas, evaluations, or other feedback you provide to BizyAir.

### **Eligibility**

2.1 **Account Registration**: You must provide accurate, complete, and up-to-date registration information, and promptly update such information when it changes. You must be at least 18 years of age (or the legal age of majority in your jurisdiction, whichever is higher) or an entity with full legal capacity. If you use the Services on behalf of an entity, you represent and warrant that you have full authorization to bind that entity.

2.2 **API Key Management**: You are responsible for generating and safeguarding your API Keys and credentials. **You shall not hardcode API Keys into client-side software (including but not limited to frontend JavaScript, mobile application binaries, browser extensions, or public code repositories).** Any request made using your API Keys is deemed to be your own action, and you shall bear full responsibility for all activities under your account and any fees incurred. We strongly recommend that you enable Multi-Factor Authentication ("MFA") for your account. If you discover any key leak, you must immediately rotate the key via the console and notify us. BizyAir shall not be liable for any leakage or misuse of keys resulting from your failure to comply with this provision.

2.3 **Sanctions and Export Control Compliance**: You represent and warrant that you, your end users, and your Ultimate Beneficial Owners ("UBOs") are not listed on any restricted-party list, including but not limited to the U.S. OFAC Specially Designated Nationals and Blocked Persons List, the United Nations Security Council Consolidated List, the European Union Consolidated Financial Sanctions List, the UK OFSI Consolidated List, and the Hong Kong SAR Government sanctions list. You shall not use the Services for, on behalf of, or for the benefit of any country, region, entity, or individual prohibited by the export control and sanctions laws of the United States, the European Union, the United Kingdom, Hong Kong, or any other applicable jurisdiction. You further undertake not to use the Services for the development, production, maintenance, or use of weapons of mass destruction; and not to export, re-export, or transfer any Models, weights, or derivative technologies to any end user or destination restricted by the U.S. Export Administration Regulations ("EAR") or any other applicable export control laws.

2.4 **Compliance Declaration and Anti-Fraud**: You represent and warrant that all information provided during registration is true, accurate, and complete, and that you will not use the Services or your account for money laundering, fraud, tax evasion, credit card theft, or other financial crimes, or exploit system vulnerabilities for malicious purposes. BizyAir reserves the right to investigate suspicious transactions and account activities, freeze accounts, refuse refunds, and report to relevant regulatory authorities or law enforcement agencies, without bearing any liability.

### **Services**

3.1 **Limited License**: Subject to your compliance with this Agreement and payment of applicable fees, BizyAir grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely in accordance with this Agreement and the Documentation.

3.2 **Rate Limits**: To ensure platform stability, BizyAir may implement concurrency limits, requests per minute ("RPM"), or daily Token limits on your API calls. BizyAir reserves the right to adjust rate limits at any time based on system load, maintenance needs, or your subscription tier. Such adjustments do not constitute a breach of this Agreement.

3.3 **API Changes and Deprecation**: BizyAir may update API versions, features, or technical specifications from time to time. For material breaking changes, BizyAir will use reasonable efforts to provide thirty (30) days' prior notice via the console or email. BizyAir shall not be liable for any third-party integration failures caused by the deprecation of API versions. You are responsible for monitoring version notices and updating your integrations accordingly.

3.4 **Availability and Support**: The Services are provided on an "AS IS" and "AS AVAILABLE" basis. BizyAir does not guarantee any specific availability percentage, API latency, or throughput. Compute Resource Services (especially preemptible / Spot instances) may be scheduled, queued, or interrupted due to system load or resource reclamation, and you should implement task-level fault tolerance, checkpointing, and retry mechanisms on your own. Where a support plan applies, the support channels and response times are described in the Documentation or in that support plan.

### **Acceptable Use Policy**

4.1 **Operational Restrictions**: You shall not, and shall not permit or assist any third party to:

(a) **Reverse Engineering**: Reverse engineer, decompile, or disassemble the Services or Models, or attempt to extract the source code, training weights, parameters, or architecture of the Models;

(b) **Model Distillation and Competitor** Training: Use AI Output or behavioral data of the Services to train, fine-tune, distill, or develop any AI models, systems, or services that compete with BizyAir or the applicable model providers. This restriction applies to BizyAir Self-Deployed Models only; for Third-Party Models, the applicable pass-through license in Section 7.2 shall govern;

(c) **Benchmarking**: Publish or disclose any benchmark results or comparative analysis regarding the performance, latency, or accuracy of the Services or Models without BizyAir's prior written consent;

(d) **Circumventing Restrictions**: Circumvent, disable, or otherwise interfere with the security mechanisms, rate limits, billing systems, or content filtering mechanisms of the Services;

(e) **Malicious Attacks**: Initiate DDoS attacks, brute force attacks, crawler attacks, or any acts attempting to disrupt, interfere with, or intrude upon the service infrastructure;

(f) **Competitive Use**: Without BizyAir's prior written permission, use the Services (or any output thereof) as a core component to develop, operate, or provide products or services that compete with the BizyAir platform, including but not limited to API relay / resale services, Model-as-a-Service ("MaaS") aggregation platforms, inference gateways, or any commercial offerings intended to replace or divert BizyAir's Services;

(g) **Account Circumvention**: Register or use multiple accounts to circumvent rate limits, billing mechanisms, free quota limits, or other technical or administrative measures of the Platform;

(h) **Data Scraping**: Systematically scrape, collect, copy, or cache the output of the Services to create, supplement, or train other datasets, models, or competing services.

4.2 **Prohibited Content**: You shall not use the Services to:

(a) Generate or disseminate Child Sexual Abuse Material ("CSAM") or any content that exploits or sexualizes minors;

(b) Generate Non-Consensual Intimate Imagery ("NCII") or deepfakes for fraud, harassment, defamation, or extortion;

(c) Generate content that promotes terrorism, extreme violence, or hate speech, or that facilitates serious illegal acts;

(d) Generate malware, ransomware, or exploit code, or conduct phishing or social engineering attacks;

(e) Use AI Output for high-risk decision-making (e.g., medical diagnosis, prescriptions, credit scoring, law enforcement, critical infrastructure control) without appropriate supervision by a qualified human professional;

(f) Use the Services for unauthorized automated decision-making, especially in scenarios that may produce legal effects or similarly significant impacts on individuals (e.g., credit approval, hiring screening, insurance underwriting), unless such use complies with applicable AI regulatory laws and is subject to substantial human oversight;

(g) Generate or assist in generating synthetic media content intended to interfere with electoral processes or public political opinion, or disseminate false public health information;

(h) Engage in any other activities that are illegal, harmful, or infringe upon the rights of third parties.

4.3 **AI-Labeling Obligation**: When publishing or disseminating deep synthetic content (images, audio, or video) generated by the Services, you must add prominent and reasonably perceptible AI-generated labels (including but not limited to metadata watermarks, visible tags, or audio prompts) in accordance with applicable laws and regulations.

4.4 **User Content Warranty**: You represent and warrant that your User Content does not infringe the intellectual property rights, trade secrets, privacy rights, or publicity rights of any third party, and does not contain any content prohibited by applicable laws and regulations.

### **Fees and Billing**

5.1 Billing Setup and Payment Method: You will be required to set up billing by providing an accepted payment method, including but not limited to credit card, debit card, or bank transfer (collectively, "Payment Method") and authorizing BizyAir to charge you for your use of the Services. You hereby authorize BizyAir (or its payment processor) to charge your designated Payment Method for any amounts owed pursuant to this Agreement. BizyAir offers two billing models: (1) Payment in Arrears and (2) Prepaid Balance. Your Account or other parts of the user interface of the Services will indicate which billing model applies to your use of the Services. The applicable billing model may vary by feature, Model, or subscription plan, and BizyAir reserves the right to change the billing model made available to you upon reasonable notice.

5.2 Billing Model (1) – Payment in Arrears: Under the Payment in Arrears model, Fees are charged to your Payment Method after you use the Services. Service fees are calculated based on your actual API consumption, which may be measured by Token count (for synchronous API calls), by compute seconds (for asynchronous compute tasks), or by the number of images / videos generated (for media generation tasks), depending on the Model or feature used. The applicable unit price and measurement method for each Model, instance type, and feature are set forth in the Pricing Document. BizyAir will issue invoices and charge your Payment Method periodically (e.g., monthly) or when accrued Fees reach a billing threshold determined by BizyAir.

5.3 Billing Model (2) – Prepaid Balance: Under the Prepaid Balance model, you deposit funds into your account in advance (the "Prepaid Balance"), and Fees for your use of the Services are deducted in real time from such Prepaid Balance as API calls are made or compute tasks are executed. The minimum single deposit amount and accepted denominations are specified on the Pricing Document or checkout page. You may top up your Prepaid Balance at any time through the console using your Payment Method.

5.4 Currency: All Fees and Prepaid Balances are denominated in U.S. dollars ("USD"). The Platform supports payment in USD and Chinese Renminbi ("RMB"). Where you elect to pay in RMB, the RMB amount payable will be converted from the USD amount at the exchange rate provided by the third-party payment processor at the time of payment. For the avoidance of doubt, any currency conversion performed by the payment processor shall be at the processor's then-current rate, and BizyAir shall not be responsible for conversion differences. Your account ledger and all fee calculations are maintained in USD.

5.5 Prepaid Balance Expiration and Consumption Priority:

(a) Expiration: Purchased Prepaid Balance expires three hundred and seventy-two (372) days from the date of deposit. Promotional Balance (as defined in Section 5.11) expires on the date specified at the time of grant or, if no date is specified, thirty-one (31) days from the date of grant. Upon expiration, such balance is forfeited and is non-refundable, except where prohibited by mandatory local law.

(b) Consumption Priority: When both Promotional Balance and purchased Prepaid Balance are available in your account, Promotional Balance is consumed first, followed by purchased Prepaid Balance. Where multiple Promotional Balance tranches exist, the tranche with the earliest expiration date is consumed first.

(c) Upon termination of this Agreement, all unused balance (whether purchased or promotional) is forfeited and non-refundable, except where prohibited by mandatory local law.

5.6 New-User Sign-Up Bonus: Upon successful registration of a new account, BizyAir will grant you a one-time promotional bonus, the value of which is displayed in the console at the time of grant ("Promotional Balance"). This Promotional Balance is subject to the expiration rules in Section 5.5(a) (i.e., thirty-one (31) days from the date of grant unless otherwise specified). Promotional Balance granted under this Section is non-transferable between accounts and may not be pooled or shared.

5.7 No Pooling Across Accounts: Prepaid Balances are tied to the account under which they were deposited or granted. Sharing, transferring, or pooling of balances across multiple accounts (including accounts owned by the same individual or entity) is not supported.

5.8 Insufficient Balance: When your Prepaid Balance is insufficient to cover the minimum fee for a single API call, BizyAir may directly reject your API requests or terminate running asynchronous tasks without prior notice, and send an insufficient-balance notification via the console or email.

5.9 Concurrent Requests: If you initiate high-concurrency requests under the Prepaid Balance model, the system will deduct Fees on a "first-come, first-served" basis. BizyAir shall not be liable for any partial failures of concurrent requests, task interruptions, or data loss caused by insufficient balance.

5.10 Preemptible Instances: Preemptible / Spot compute instances may be interrupted or reclaimed by the Platform at any time due to resource scheduling or system load. Fees charged for preempted or interrupted instances are non-refundable, and you are solely responsible for implementing checkpointing and fault-tolerance mechanisms to mitigate losses caused by such interruptions.

5.11 Promotional Balance: BizyAir may from time to time grant Promotional Balance through events, promotions, or goodwill. Promotional Balance (a) has no cash value; (b) is non-transferable; (c) cannot be redeemed for fiat currency; (d) is subject to the expiration and use restrictions specified at the time of grant; and (e) may be revoked by BizyAir without liability if BizyAir reasonably suspects abuse, multi-account farming, or violation of the conditions of the grant.

5.12 Failed Call Refunds: If an API call fails due to a BizyAir platform-side error or if an asynchronous task fails to produce any AI Output due to a platform-side fault, the Fees charged for such failed call or task will be automatically refunded to your account (reflected as an adjustment to your current billing cycle under the Payment in Arrears model, or as a credit to your Prepaid Balance under the Prepaid Balance model). This refund does not apply to: (a) failures caused by user-side errors (including invalid input, authentication failure, or content-policy violations); (b) failures caused by rate limits or insufficient balance; (c) failures of Third-Party Models where the Third-Party Model provider, rather than BizyAir, is at fault; or (d) partial or low-quality AI Output that nonetheless constitutes a completed response.

5.13 Billing Disputes: You may dispute any charge or Fee deduction by contacting BizyAir via the console or at [contact@bizyair.cn](mailto:contact@bizyair.cn) within thirty (30) days after the charge appears in your account ledger. Charges not disputed within such thirty (30)-day period shall be deemed final and accepted by you. Refunds or fee adjustments for accepted disputes will be issued at BizyAir's reasonable discretion within a reasonable period.

5.14 Payment Processing: Payments are processed through third-party payment processors, which have their own terms of service. The Payment Methods available to you may vary by region and are displayed at checkout. You authorize BizyAir and its processors to charge the selected Payment Method for the amount of Fees you elect to pay or that you owe. If a payment fails, is declined, or is charged back, BizyAir may (a) suspend your account immediately, and/or (b) freeze any services or balances acquired through the failed payment. You shall remediate any failed payment within seven (7) days; otherwise, BizyAir may terminate this Agreement under Section 12 and forfeit any remaining Prepaid Balance.

5.15 Invoices and Receipts: BizyAir will issue an electronic receipt for each successful payment. Business users may request a VAT-compliant invoice by providing a valid tax identification number in the console; such invoice will be issued in accordance with BizyAir's invoicing policy published at [bizyair.ai](http://bizyair.ai).

5.16 Taxes: All Fees are exclusive of VAT, GST, sales tax, use tax, and similar transaction taxes ("Taxes"). Where applicable law requires BizyAir to collect Taxes based on your billing location, BizyAir will add such Taxes to the Fees at the prevailing rate and remit them to the relevant tax authority. If you are a business entity resident outside Hong Kong and provide a valid tax identification number, BizyAir may apply the reverse-charge mechanism under which you are responsible for reporting and paying the applicable Taxes to your local tax authority. You are solely responsible for any withholding taxes, duties, or similar charges imposed by your jurisdiction on payments to BizyAir, and you shall not reduce the amount payable to BizyAir by reason of any such withholding; if mandatory withholding applies, you shall gross up the payment so that BizyAir receives the full net amount.

5.17 No-Refund Policy: Except as required by mandatory provisions of applicable law (including, where applicable, the consumer's right of withdrawal under the EU Consumer Rights Directive 2011/83/EU or equivalent local consumer protection laws), all Fees paid (including deposited Prepaid Balance) are non-refundable. However, if you are unable to use the Services due to a platform-wide outage exceeding twenty-four (24) consecutive hours attributable to BizyAir's gross negligence, you may apply—without requiring BizyAir's consent—for either a proportional extension of the validity period of the unused purchased Prepaid Balance corresponding to the affected period, or conversion of such purchased Prepaid Balance into a non-cash account balance. This Section 5.17 does not affect any statutory refund rights you may have under the mandatory consumer protection laws of your jurisdiction, and applies only to purchased Prepaid Balance; Promotional Balance is non-refundable in all cases.

5.18 Price Adjustments: BizyAir reserves the right to adjust service pricing from time to time. Any price adjustment will be notified to you via official website announcement or email at least thirty (30) days before the new prices take effect. For purchased Prepaid Balance acquired before the effective date of a price adjustment, the balance itself remains valid and is not devalued in amount; however, the unit consumption rate (i.e., the Fees incurred per API call or per compute second) will be calculated at the new rate effective at the time of the call. If you do not agree to the adjusted prices, you may terminate this Agreement before the new prices take effect; your continued use of the Services after the effective date constitutes acceptance of the new prices.

5.19 Anti-Fraud and Compliance: If BizyAir has reasonable grounds to suspect that your account is involved in fraudulent purchases, money laundering, credit card theft, chargeback abuse, malicious exploitation of platform vulnerabilities, multi-account farming of Promotional Balance, or other violations of Anti-Money Laundering ("AML") and Counter-Terrorist Financing ("CTF") laws and regulations, BizyAir may immediately suspend or terminate your account, freeze relevant balances (whether purchased or promotional), refuse refunds, and report to the relevant regulatory authorities or law enforcement agencies, without bearing any liability. Where an investigation subsequently confirms that no violation occurred, BizyAir will restore the affected balance and lift the suspension.

### **Intellectual Property Rights**

6.1 **Ownership of User Content**: You retain all rights, title, and interest in your User Content. To the extent necessary to provide the Services, you grant BizyAir and its entrusted third-party service providers (e.g., content security moderators, cloud storage providers) a worldwide, royalty-free, non-transferable, limited license solely necessary to transmit, process, temporarily store, and format User Content (including for content security moderation). Except as necessary to provide the Services, BizyAir will not access or disclose your User Content. Except as required by applicable law, BizyAir will delete User Content from active systems within thirty (30) days after termination of the Services or your deletion of the content; backup copies may be retained for up to ninety (90) days and cleared in accordance with the backup policy.

6.2 **Ownership of AI Output**: Provided that you are not in material breach of any material obligation under this Agreement, and your User Content does not violate any applicable law or any third-party right, BizyAir hereby assigns to you all of its right, title, and interest in the AI Output.

6.3 **No Warranty of Uniqueness or Copyright**: You acknowledge that, due to the probabilistic nature of generative AI, the Services may generate outputs for other users that are identical or substantially similar to your AI Output. BizyAir does not warrant that any AI Output is unique, nor does it warrant that any AI Output is eligible for copyright or other intellectual property protection in any particular jurisdiction.

6.4 **Retained Rights in BizyAir Materials**: Except for the limited license expressly granted to you under this Agreement, BizyAir retains all rights, title, and interest in the Services and BizyAir Materials. This Agreement does not grant you any license, right, or interest in the BizyAir Materials, whether by implication, estoppel, or otherwise. Without BizyAir's prior written consent, you shall not use, copy, modify, or distribute BizyAir's trademarks, service marks, or brand logos.

6.5 **No-Training Commitment**: BizyAir will not use your User Content submitted via the Enterprise API or the resulting AI Output to train or fine-tune BizyAir's foundation models. This commitment does not extend to third-party model providers; whether third-party model providers use API interaction data for model improvement shall be determined by such third parties in accordance with their own privacy policies.

6.6 **Feedback**: Any Feedback you provide to BizyAir is deemed non-confidential and non-proprietary. **You hereby irrevocably grant BizyAir a perpetual, royalty-free, worldwide right to use, modify, and commercialize such Feedback for any purpose, without any obligation to pay you compensation or provide attribution.**

### **Third-Party Models and Open Source Licensing**

7.1 **Third-Party Model Hosting**: The Services may include open-source or commercial models developed or hosted by third parties (e.g., the Hugging Face community, original developers) ("Third-Party Models").

7.2 **License Pass-Through**: Your use of Third-Party Models is subject to the license agreements (e.g., Apache 2.0, Creative Commons, OpenRAIL) specified by the original creators of such models. **You are responsible for reviewing and complying with these third-party license agreements**. You understand and agree that some Third-Party Models may be subject to the GNU General Public License ("GPL"), the Affero General Public License ("AGPL"), or other copyleft open-source licenses. BizyAir acts solely as a remote compute inference service provider, and invoking Third-Party Models via the API does not constitute "distribution" or "propagation" of such models by BizyAir or you. Nevertheless, you shall independently assess whether invoking such models via the API triggers copyleft obligations under the aforementioned licenses in your specific jurisdiction (e.g., an obligation to disclose the source code of derivative works). **BizyAir makes no warranty in this regard and assumes no open-source compliance liability arising therefrom.**

7.3 **Platform Disclaimer**: BizyAir acts solely as the compute inference provider ("Compute Provider") for Third-Party Models. BizyAir makes no express or implied warranty regarding the accuracy, legality, security, or non-infringement of third-party rights of any Third-Party Model. Any intellectual property dispute or compliance risk arising from the use of any Third-Party Model shall be resolved between you and the original model provider, and BizyAir shall not bear joint and several liability. **BizyAir reserves the right to modify, replace, or take down any Third-Party Model at any time due to third-party requests, legal compliance, or operational needs, without bearing any liability to you. You shall independently back up workflows that depend on specific model versions.**

### **Data Privacy and Security**

8.1 **Security Measures**: BizyAir will implement industry-standard technical and organizational measures (e.g., encryption in transit and at rest, access control, log auditing) to protect User Content.

8.2 **Data Processing Agreement (DPA)**: If you use the Services on behalf of an entity and the processing of personal data is involved, both parties shall separately enter into BizyAir's Data Processing Agreement ("DPA"), which is incorporated into this Agreement by reference and available at bizyair.ai/legal/dpa. If you process personal data on behalf of an entity and have not signed the DPA, you shall not use the Services to process such personal data.

8.3 **Personal Data**: You shall not submit any personal data to the Services except as permitted under the Privacy Policy and, where applicable, the DPA. You are solely responsible for ensuring that you have a lawful basis (under applicable data protection laws, including without limitation the EU General Data Protection Regulation ("GDPR"), the UK GDPR, and the California Consumer Privacy Act as amended by the CPRA) to submit any personal data to the Services and to authorize BizyAir to process such data as described in the Privacy Policy.

8.4 **Cross-Border Data Transfer**: You understand and agree that, in order to provide the Services to you, User Content may be transferred to and stored on servers located outside your jurisdiction. BizyAir will implement appropriate safeguard measures for any cross-border transfer of personal data in accordance with applicable law, which may include standard contractual clauses, binding corporate rules, certifications, or other transfer mechanisms recognized under applicable law. Details of the applicable transfer mechanisms are described in the DPA and the Privacy Policy.

8.5 **Security Incident Notification**: If BizyAir discovers a security incident involving unauthorized access, disclosure, alteration, or loss of your User Content that has occurred or is reasonably suspected to have occurred, and that has an actual adverse impact on you, **BizyAir will notify you via your registered contact information without undue delay and in any event within seventy-two (72) hours (or within a shorter period required by applicable law)**, unless such notification is expressly prohibited by law enforcement agencies or by law.

8.6 Disclosure for Law Enforcement Requests: If BizyAir receives an order, subpoena, search warrant, or other legal process from a court, law enforcement agency, or regulatory authority with jurisdiction requiring the disclosure of User Content, BizyAir may make such disclosure in accordance with applicable law. Unless prohibited by law, BizyAir will use reasonable efforts to notify you in advance of such disclosure requirement so that you may seek a protective order or other appropriate relief.

### **Disclaimers**

9.1 "AS IS" Basis: THE SERVICES, MODELS, AND AI OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIZYAIR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES.

9.2 Exclusion of Implied Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZYAIR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 API and AI Characteristics Disclaimer: BizyAir does not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) API latency or throughput will meet your specific requirements; or (c) AI Output will be accurate, reliable, free of "hallucinations," unbiased, or non-discriminatory. You acknowledge that AI models are probabilistic and may reflect biases, errors, or outdated information present in their training data; **you must conduct independent human verification before relying on any AI Output (particularly before using it in a production environment or making it public).**

9.4 Professional Advice Disclaimer: AI Output is for reference only and **does not constitute professional advice, endorsement, or factual confirmation from BizyAir or any model provider.** The Services may generate inaccurate, incomplete, or outdated information, and **you should not rely on it as the sole basis for medical, legal, financial, engineering, or other critical business decisions.**

### **Limitation of Liability**

10.1 Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZYAIR AND ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, DATA LOSS, BUSINESS INTERRUPTION, OR DAMAGE TO GOODWILL), EVEN IF BIZYAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 **Cap on Liability**: Regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), BizyAir's total cumulative liability to you arising out of or relating to this Agreement or your use of the Services shall not exceed the total amount of fees actually paid by you to BizyAir in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars (US\$100), whichever is higher. The limitations of liability in this Section 10 do not apply to: (a) BizyAir's willful misconduct or gross negligence; (b) direct losses caused by BizyAir's breach of confidentiality obligations; (c) either party's obligation to return unjust enrichment; (d) BizyAir's liability for death or personal injury caused by its negligence; or (e) any other liability that cannot be excluded or limited under applicable mandatory law. The foregoing carve-outs (a)–(e) are subject to the minimum liability standards required under applicable law.

10.3 **Third-Party Reliance Disclaimer**: BizyAir shall not be liable for any service interruption or data loss caused by failures of upstream cloud service providers, GPU hardware suppliers, data center operators, CDN providers, internet backbone networks, or third-party APIs.

10.4 **Non-Excludable Liability**: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY STATUTORY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

### **Indemnification**

11.1 Your Indemnification Obligations: You agree to indemnify, defend, and hold harmless BizyAir and its officers, directors, employees, agents, and affiliates from and against any third-party claims, lawsuits, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: **(a) your breach of this Agreement or the AUP; (b) your User Content or AI Output infringing the intellectual property rights, privacy rights, or publicity rights of any third party; or (c) your violation of any applicable law (including data protection and AI regulatory laws)**. With respect to any claim for which you are obligated to indemnify BizyAir, **BizyAir has the right to select its own legal counsel and control the defense and settlement, and you shall provide reasonable cooperation.**

11.2 BizyAir's Intellectual Property Indemnification: If a third party alleges that the Services themselves (excluding Third-Party Models, User Content, or your modifications, combinations, or integrations of the Services) infringe the valid intellectual property rights of that third party in the relevant jurisdiction, BizyAir will, at its own option and expense, take one of the following measures: (i) modify the Services so that they are non-infringing; (ii) obtain a license enabling you to continue using the Services; or (iii) terminate the allegedly infringing Services and refund the unused Prepaid Balance. The foregoing obligation is conditioned on your promptly notifying BizyAir in writing of the claim, and granting BizyAir full control, reasonable assistance, and all relevant information to defend against it. BizyAir shall have no obligation under this Section 11.2 for claims arising from: (A) your use of the Services other than in accordance with this Agreement or the Documentation; (B) your modification of the Services or combination with other products, services, equipment, software, or business processes not provided by BizyAir; or (C) your continued use of any part of the Services that BizyAir has notified you to stop using.

### **Term and Termination**

12.1 Term: This Agreement is effective from the date you accept it, **until terminated by you or BizyAir in accordance with this Section 12.**

12.2 **Termination**:

(a) Termination for Convenience: You may terminate this Agreement at any time by deleting your account via the console. BizyAir may terminate the Services by providing thirty (30) days' prior written notice.

(b) Termination for Cause: If you breach this Agreement (in particular, the restrictions in Section 4, the AUP, or the payment obligations in Section 5), BizyAir may immediately terminate or suspend your access rights without bearing any liability for breach of contract. In addition, BizyAir may immediately suspend your access rights, without terminating this Agreement, in order to investigate suspected violations; if the investigation confirms no violation occurred, the Services will be restored and BizyAir shall not be liable to you for the unavailability of the Services during the suspension period, unless such unavailability was due to BizyAir's manifest error.

12.3 Effects of Termination: Upon termination, your right to use the Services will immediately cease. You acknowledge and agree that you are solely responsible for backing up all User Content, AI Output, and account data prior to termination. Following termination, BizyAir has no obligation to retain or return any data to you (except for information required to be retained by law). BizyAir may delete your account data and API logs after thirty (30) days, and shall bear no further retention obligation; information required to be retained by law will be kept for the minimum statutory retention period. Unused balance in your account (whether purchased Prepaid Balance or Promotional Balance) will be forfeited upon termination and are non-refundable, except where prohibited by mandatory local law.

12.4 Dormant Accounts: If your account has no login, API calls, or other activity recognized by BizyAir for twelve (12) consecutive months, BizyAir may treat the account as dormant, and may terminate this Agreement and delete relevant data after notifying you thirty (30) days in advance. Unused balance in the account shall not be refunded, except where prohibited by mandatory local law.

### **General Provisions**

13.1 Electronic Transactions and Language: **The parties agree that transactions and records made electronically (including clicking "agree", API call logs, and emails) satisfy the requirements for "writing" and "signature" under applicable law**, including without limitation the Hong Kong Electronic Transactions Ordinance (Chapter 553), the U.S. Electronic Signatures in Global and National Commerce Act ("ESIGN Act"), the EU eIDAS Regulation, and the Singapore Electronic Transactions Act.

13.2 Force Majeure: **BizyAir shall not be liable for any service interruption caused by natural disasters, wars, terrorist attacks, epidemics, strikes, government actions, failures of cloud service providers or network providers, or large-scale cybersecurity incidents beyond its reasonable control.**

13.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by law in a manner closest to the original intent of the parties, and the remaining provisions shall remain in full force and effect.

13.4 Assignment: BizyAir may freely assign its rights and obligations under this Agreement. You may not assign this Agreement without BizyAir's prior written consent.

13.5 Entire Agreement and Amendments: This Agreement (together with the Privacy Policy, AUP, and DPA) constitutes the entire agreement between you and BizyAir regarding the Services and supersedes all prior agreements or understandings. BizyAir may amend this Agreement by sending a notice to your registered email or posting an announcement on the console. Amendments will take effect fifteen (15) days after the date of publication (BizyAir will provide at least thirty (30) days' advance notice of any adverse amendments involving your material rights or obligations). Your continued use of the Services after such period constitutes acceptance of the amendments. If you do not agree to the amendments, you must stop using the Services and may terminate this Agreement.

13.6 Notices: Any notice under this Agreement shall be given in writing via in-console messages, registered email, or registered mail. If sent by email, it shall be deemed delivered twenty-four (24) hours after sending; if sent by in-console message, it shall be deemed delivered upon posting.

13.7 No Waiver: BizyAir's failure or delay in exercising any right, power, or remedy under this Agreement shall not constitute a waiver of such right, power, or remedy; BizyAir's single or partial exercise of any right, power, or remedy shall not preclude it from further exercising such or any other right, power, or remedy.

13.8 Third-Party Beneficiaries: Except as expressly provided in this Agreement (including the carve-out for original model providers under Section 7.3), this Agreement binds only the parties and their respective successors and permitted assigns, and creates no rights for any third-party beneficiary.

13.9 Independent Contractors: The parties are independent contractors. This Agreement does not constitute a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has the right to assume obligations or liabilities on behalf of the other.

13.10 Headings for Convenience: The headings of the provisions in this Agreement are for convenience only and do not affect the interpretation of this Agreement.

### **Dispute Resolution and Governing Law**

14.1 Governing Law: **This Agreement is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of laws principles**. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14.2 Dispute Resolution: The parties shall first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good-faith negotiation. If the dispute cannot be resolved through negotiation within a reasonable period, it shall be finally resolved through binding arbitration or litigation in accordance with applicable law and the procedures specified by BizyAir in the dispute resolution notice. The seat and language of any such proceedings, as well as the allocation of costs, shall be determined in accordance with applicable rules and as notified to you at the time the proceedings are initiated. The resulting award or judgment shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

14.3 Consumer Rights Preservation: Notwithstanding the foregoing, no provision of this Agreement shall affect any non-excludable rights you may have under the mandatory consumer protection laws of your jurisdiction, including the right to bring an action in a court of competent jurisdiction in your place of residence (if such rights cannot be excluded under applicable law).

14.4 Injunctive Relief: Notwithstanding any dispute resolution provision in this Section 14, BizyAir may apply to a court of competent jurisdiction for interim injunctions, interim conservatory measures, or other equitable relief to stop you from infringing BizyAir's intellectual property rights, breaching confidentiality obligations, causing data security incidents, or illegally accessing the service infrastructure. Where local mandatory law grants you corresponding rights to seek interim relief, nothing in this Section 14.4 shall limit such rights.

### **Copyright Policy and DMCA Procedures**

15.1 Designated Agent: BizyAir designates a copyright agent to receive copyright infringement notices ("DMCA Takedown Notices"). Specific contact information is set forth in Section 16 of this Agreement or on the designated page of BizyAir's official website. BizyAir implements this DMCA-style process on a voluntary basis to facilitate the handling of infringement claims. Nothing in this Section 15 shall be construed as BizyAir's consent to the jurisdiction of U.S. courts or as BizyAir's acknowledgment that the U.S. Digital Millennium Copyright Act ("DMCA") is mandatorily applicable to BizyAir.

15.2 Infringement Notice: If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide BizyAir's copyright agent with the following written information (in accordance with the requirements of the U.S. DMCA, 17 U.S.C. § 512(c)(3), and similar applicable laws):

(a) Your physical or electronic signature;

(b) Identification of the copyrighted work that you claim has been infringed;

(c) Identification of the location of the material that you claim is infringing within the Services (e.g., URL, API request ID);

(d) Your contact information (address, telephone number, email);

(e) A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

15.3 Counter-Notice: If you believe that the removed or disabled content does not constitute infringement, or that you have the right to use such content, you may submit a written counter-notice to BizyAir's copyright agent containing the following information: (a) your physical or electronic signature; (b) identification of the location of the material that was removed or disabled within the Services; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your contact information and a statement consenting to the jurisdiction of the relevant courts.

15.4 Repeat Infringer Policy: In appropriate circumstances, BizyAir will terminate the accounts of repeat infringers.

15.5 Disclaimer: BizyAir shall not be liable for any loss or damage arising from the removal or disabling of any content pursuant to this Copyright Policy.

### **Contact Information**

If you have any questions regarding this Agreement, or need to submit a copyright infringement notice (DMCA Takedown), please contact:

Email: [contact@bizyair.cn](mailto:contact@bizyair.cn)