Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Fous Technologies, Inc. (“Fous,” “we,” “us,” or “our”). They govern your access to Fous API, Fous Studio, our websites, documentation, software, and related services (collectively, the “Service”).

By creating an account, obtaining an API key, funding a wallet, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

You must be legally able to enter into this agreement and be at least 18 years old. You must provide accurate account information and keep it current.

• You are responsible for activity performed through your account, organization memberships, and API keys.
• You must protect credentials, use appropriate access controls, and promptly notify us of suspected unauthorized access.
• Organization owners and administrators may manage members, billing, credentials, and other organization settings.
• You may not share an account in a way that defeats access controls or impersonate another person or organization.

Fous API provides a unified interface to a managed network of registered third-party API adapters. Select an API and operation, then supply the input required to execute it.

Features may include organization wallets, normalized responses, and cost metadata. Each successful API call costs 1 credit.

Documentation, response metadata, supported providers, and feature descriptions form part of the Service description but are not a guarantee that every provider or feature will be available at all times.

Fous routes requests to independent third-party API providers. Those providers are not controlled by Fous, and their services, outputs, availability, content rules, and data practices may be subject to separate terms and policies.

• You authorize Fous to transmit the request data required to perform your selected task to the provider you select.
• You are responsible for confirming that your use of each eligible provider, including the content you submit, complies with applicable provider terms and law.
• Provider outputs may be inaccurate, incomplete, delayed, unavailable, or unsuitable for your purpose. You must review outputs before relying on them.
• Fous may add, remove, suspend, or replace providers and adapters when operational, legal, security, or commercial conditions require it.

“Customer Content” means prompts, files, payloads, configuration, and other information you submit through the Service. As between you and Fous, you retain your rights in Customer Content. You grant Fous a limited, non-exclusive right to host, transmit, process, and otherwise use Customer Content only as needed to provide, secure, support, and comply with law in connection with the Service.

• You must have all rights, permissions, notices, and lawful bases required to submit Customer Content and direct its processing.
• Do not submit regulated, confidential, or sensitive information unless the Service and selected provider are appropriate for that information and your legal obligations permit it.
• You are responsible for your applications, end users, provider choices, and decisions made using provider outputs.
• You must implement reasonable safeguards around your integration, including secure API-key storage and appropriate validation of results.

You may not use the Service to:

• Violate law, third-party rights, provider policies, sanctions, or export-control requirements.
• Gain unauthorized access, bypass authentication, probe non-public systems, introduce malicious code, or interfere with the Service or another customer.
• Circumvent rate limits, wallet controls, provider restrictions, or other technical and contractual safeguards.
• Resell access to the Service as a standalone substitute for Fous without written authorization.
• Misrepresent provider output as reviewed, endorsed, or guaranteed by Fous.
• Use the Service for abusive, fraudulent, deceptive, or harmful activity.

We may investigate suspected violations and restrict or suspend access when reasonably necessary to protect customers, providers, Fous, or the public.

API keys are confidential credentials. You may use them only for the organization for which they were issued. Published and account-specific request limits, payload limits, provider constraints, and other safeguards apply to your use.

We may update interfaces, adapters, limits, or documentation. When reasonably practical, we will provide notice of material breaking changes. We may make immediate changes when needed for security, legal compliance, provider changes, or service integrity.

Paid request execution uses your organization wallet. The Service may estimate and reserve wallet funds before contacting a provider. A successful execution is charged at the amount reported by the Service. If an execution fails before a billable result, the applicable reservation is released or credited back according to the billing logic described in the documentation.

• You authorize us and our payment processor to charge the payment method you provide for wallet funding and other purchases you approve.
• You are responsible for keeping billing information current and for all charges generated by valid credentials issued to your organization.
• Prices are stated in U.S. dollars unless shown otherwise and may change prospectively.
• Fees exclude taxes, duties, and similar government assessments unless expressly stated. You are responsible for applicable taxes other than taxes on Fous income.
• Promotional or complimentary balances may have separate conditions and may expire or be non-refundable.

For refund eligibility and billing-error handling, see our Refund Policy.

Fous and its licensors own the Service, including its software, interface, branding, documentation, execution technology, adapter implementations, and related intellectual property. These Terms give you a limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

If you provide suggestions or feedback, you grant Fous permission to use it without restriction or compensation. Third-party providers retain their rights in their services and outputs, and those rights may be governed by their terms.

You may stop using the Service at any time. You may request account closure through the available account controls or by contacting us.

We may suspend or terminate access if you materially breach these Terms, create a security or legal risk, fail to pay amounts due, misuse a provider, or if continued operation is no longer commercially or technically feasible. Where appropriate, we will provide notice and an opportunity to remedy the issue.

Provisions that by their nature should survive termination—including payment obligations, intellectual-property terms, disclaimers, liability limits, and dispute provisions—will continue to apply.

The Service depends on networks, payment services, cloud infrastructure, and third-party providers. Interruptions, provider failures, maintenance, capacity limits, and service changes may occur. Unless a separate written agreement expressly provides otherwise, Fous does not promise a particular uptime, response time, support time, or service level.

To the maximum extent permitted by law, the Service and all provider outputs are provided “as is” and “as available.” Fous disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Fous does not warrant that the Service or any provider output will be uninterrupted, error-free, accurate, secure, or appropriate for a specific use. Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded.

To the maximum extent permitted by law, neither Fous nor its affiliates, officers, employees, contractors, or licensors will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to the Service.

To the maximum extent permitted by law, Fous's aggregate liability arising from or relating to the Service or these Terms will not exceed the amount you paid to Fous for the Service during the six months immediately before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Subject to any mandatory consumer venue rights, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising from these Terms or the Service.

If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Fous may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Changes to these Terms

We may revise these Terms. We will update the date above and provide additional notice when required by law or when a change is materially adverse. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

Questions or legal notices about these Terms can be sent to [email protected].