Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Inco AI, Inc., a Delaware corporation with offices at 1881 Page Mill Road, Palo Alto, California 94304 (“Inco,” “we,” “us”) and the person or entity accessing or using the Inco platform at platform.inco.ai, the Inco API, the Inco playground, and any related software, documentation, and services we make available (together, the “Service”). “Customer,” “you,” and “your” mean that person or entity. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to the organization.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER FOR CUSTOMERS IN THE UNITED STATES (SECTION 16), DISCLAIMERS OF WARRANTIES (SECTION 11), AND LIMITATIONS ON OUR LIABILITY (SECTION 13). THESE TERMS DESCRIBE DATA SETTINGS THAT CONTROL WHETHER INCO STORES YOUR CONTENT AND WHETHER YOUR REQUESTS MAY BE SENT TO THIRD-PARTY MODEL PROVIDERS (SECTION 5). REVIEW THEM BEFORE USE. BY CLICKING “I AGREE,” CREATING AN ACCOUNT, GENERATING AN API KEY, OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Acceptance, Eligibility, and Changes to the Service

1.1 Acceptance. You accept these Terms by clicking to accept them where that option is presented, by creating an account, or by accessing or using the Service. We record the date and time of your acceptance, the version of the Terms you accepted, and technical information about the session in which you accepted.

1.2 Eligibility. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to anyone under 18. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if you are a person or entity described in Section 15.

1.3 Business and individual customers. The Service is available to both businesses and individuals. If you are an individual using the Service for purposes outside your trade, business, or profession and you reside in a jurisdiction whose consumer protection laws grant you rights that cannot be waived by contract, nothing in these Terms limits those rights, and Section 16.9 applies to you.

1.4 Changes to the Service. The Service, including the Models, endpoints, features, rate limits, and pricing, will change over time. Inco may add Models and endpoints, and may modify, restrict, or retire any Model or endpoint at any time. Where practicable, Inco will give notice of the retirement of a Model or endpoint by email to the address on your account or through the platform.

2. Definitions

2.1 “Acceptable Use Policy” or “AUP” means Section 6 of these Terms.

2.2 “API” means Inco’s application programming interfaces, endpoints, software development kits, and associated documentation.

2.3 “Credits” means the prepaid balance you purchase for use of the Service, as described in Section 7.

2.4 “Customer Content” means Inputs and Outputs.

2.5 “Enterprise Agreement” means a separately negotiated agreement, order form, or addendum signed by Inco and a customer that references these Terms, as described in Section 17.

2.6 “Inputs” means all content you or your End Users submit to the Service, including prompts, text, images, files, video, other media, and any content located at a URL you provide for the Service to retrieve.

2.7 “End User” means any person or entity that accesses or uses Your Application or otherwise accesses the Service through your account.

2.8 “Model” means a third-party machine-learning model that Inco makes available through the Service, as listed on the Models Page, including any quantized, compiled, or otherwise optimized version of it that Inco serves.

2.9 “Model License” means the license terms under which a Model is made available by its developer or licensor, as linked from the Models Page.

2.10 “Models Page” means the page at platform.inco.ai/models listing the Models currently available, the Model License for each, and the applicable pricing.

2.11 “Outputs” means content generated and returned by the Service in response to Inputs.

2.12 “Usage Data” means data about the operation and use of the Service that does not include the text or media content of any request or response, consisting of: a request identifier; your account identifier; a timestamp; the Model; the number of parts in the request; for each part, its role, its kind (text, image, file, or video), its byte size and its character count; for each image, its pixel dimensions and file size; input, output, and reasoning token counts; turn count; modality; the client software identifier sent with the request; latency; cost; error class and status code; and a one-way fingerprint of each part, which Inco uses to recognize whether it has processed the same part before and which cannot be used to reconstruct the part.

2.13 “Your Application” means any software, product, or service you develop or operate that accesses the Service.

2.14 “Privacy Policy” means the Inco privacy policy at inco.ai/legal/privacy, as updated from time to time.

2.15 “Content Logs” means the copies of Inputs and Outputs that Inco stores while the Store & Improve Setting is on, as described in Section 5.2.

2.16 “Data Settings” means the Store & Improve Setting, the Passthrough Setting, and the Training Setting, each of which applies to your account as a whole and is described in Section 5.1.

2.17 “European Account” means an account (a) whose billing address is in a member state of the European Union, another country of the European Economic Area, the United Kingdom, or Switzerland; (b) for which a VAT or company registration number issued in any of those countries has been supplied; or (c) if neither applies, whose IP address at sign-up geolocates to any of those countries. The account holder may correct the classification by a declaration through the platform.

2.18 “Improvement Purposes” means the following uses of Content Logs by Inco: (a) routing and cache tuning; (b) abuse detection; (c) benchmarking; and (d) training Inco’s internal performance models that are not made available to customers or third parties, such as draft models and other serving add-ons.

2.19 “Inco-Served Model” means a Model, or a mode of a Model (such as a standard or fast mode), that Inco runs on infrastructure it operates.

2.20 “Passthrough Model” means a Model, or a mode of a Model, for which Inco transmits Inputs to, and receives Outputs from, a third-party provider’s API.

2.21 “Passthrough Setting” means the Data Setting described in Section 5.1(b).

2.22 “Provider” means the third party operating a Passthrough Model, as named on the Models Page.

2.23 “Store & Improve Setting” means the Data Setting described in Section 5.1(a).

2.24 “Training Setting” means the Data Setting described in Section 5.1(c). It can be on only while the Store & Improve Setting is on.

3. Accounts and API Keys

3.1 Account registration. To use the Service you must create an account and provide accurate, complete, and current information, and keep it updated. Authentication is provided through a third-party identity provider. You are responsible for maintaining the confidentiality of your login credentials.

3.2 API keys. You may generate API keys through your account. API keys are confidential. You are responsible for all activity that occurs under your API keys, whether or not authorized by you, until you revoke the key or notify us at security@inco.ai of a suspected compromise. You may revoke an API key at any time through your account, and revocation is effective immediately. You may not share API keys outside your organization except as embedded in Your Application in a manner that does not expose the key to End Users.

3.3 Usage management. You are responsible for monitoring and managing your own usage and spend, including by setting automatic top-up thresholds, spending limits, and rate controls in your account. We are not responsible for usage you did not intend if it was made with your credentials or API keys.

3.4 Account security. You will notify us promptly of any unauthorized access to or use of your account or API keys. We may require you to rotate credentials or take other steps if we reasonably believe your account is compromised.

4. The Service

4.1 Access. Subject to these Terms, Inco grants you a non-exclusive, non-transferable, revocable right during the term to access and use the Service, including to integrate the API into Your Application and make Your Application available to End Users, for your internal business purposes and for the purposes described in Section 4.4.

4.2 Models. Inco provides access to Models developed by third parties. Inco did not develop or train the Models. Inco may quantize, compile, or otherwise optimize Models to improve speed or efficiency; optimized versions may produce results that differ from the original. The Models available, their pricing, and their Model Licenses are listed on the Models Page and will change over time. Inco makes no representation or warranty about any Model, as provided in Sections 8.2 and 11.3.

4.3 Multimodal Inputs and URL retrieval. The Service accepts text, images, files, and video, submitted inline or by a URL you provide. When you provide a URL, you instruct Inco to retrieve the content at that URL on your behalf. You represent and warrant that you have all rights necessary to submit each Input and to direct Inco to retrieve any content at a URL you provide, and that doing so does not violate any law, contract, or third-party right. Inco has no obligation to review, and except as described in Section 5.5 does not review, content at any URL you provide, and Inco’s obligations under these Terms do not extend to that content or to the operator of the site where it is located.

4.4 Building on the Service. You may integrate the API into Your Application and offer Your Application to End Users, including on a paid basis, as a feature or service of your own. You may not, however, use the Service to offer a service whose primary purpose is to resell access to the Models or to Inco’s tokens, or that is otherwise a substantially similar substitute for the Service (a “Competing Inference Service”). Whether a service is a Competing Inference Service is determined by what it does, not what it is called; a product that adds meaningful functionality on top of Model access is not a Competing Inference Service merely because it charges for usage.

4.5 End Users. You are responsible for Your Application and for your End Users, including their Inputs, their use of Outputs, and their compliance with these Terms and the AUP. You will ensure that your terms with End Users are at least as protective of Inco and the Models as these Terms, that End Users are prohibited from doing anything you are prohibited from doing, and that End Users are informed that Outputs are generated by machine-learning models. Any act or omission by an End User that would breach these Terms if done by you is a breach by you.

4.6 Rate limits. Inco may impose, change, and enforce rate limits, concurrency limits, and other usage limits at any time, and may throttle or reject requests that exceed them. Current limits, where published, are available in the documentation.

4.7 Benchmarking. You will not, and will not permit any End User or other third party to, benchmark or conduct comparative performance testing of the Service, or publish or otherwise disclose the results of any such benchmark or testing, without Inco’s prior written consent.

4.8 No service levels. The Service is provided without any uptime, availability, latency, or support commitment. Inco does not offer a service level agreement for self-serve customers. Any service levels that apply to you must be set out in an Enterprise Agreement.

4.9 Support. We provide support for the Service through support@inco.ai on a reasonable-efforts basis with no guaranteed response time.

4.10 Beta and preview features. We may offer features, Models, or endpoints identified as alpha, beta, preview, experimental, or similar. These are provided as-is, may be changed or withdrawn at any time without notice, and are excluded from any commitments we make elsewhere in these Terms.

4.11 Synthetic content marking.

1. API. Inco does not apply machine-readable marking to Outputs delivered through the API. If you make Your Application available to users in the European Union, or the Output of Your Application is used in the European Union, you are responsible for compliance with Article 50 of Regulation (EU) 2024/1689 in respect of Your Application, including any marking, disclosure, or labeling obligation that applies to you as its provider or deployer, and you will not represent that Outputs delivered through the API carry any marking supplied by Inco.

2. Playground. Outputs generated in the playground are displayed with a visible label identifying them as generated by an artificial intelligence system. If you copy, export, or publish a playground Output, you are responsible for any disclosure or labeling obligation that applies to your use of it. Inco may change how playground Outputs are labeled or marked as technical standards develop.

4.12 Model routing.

1. Inco-Served and Passthrough Models. Inco runs some Models on infrastructure it operates (Inco-Served Models) and relays others to Providers (Passthrough Models). Whether a Model is an Inco-Served Model or a Passthrough Model varies by Model and can differ between modes of the same Model.

2. Models Page. The Models Page states, for each Model and mode, whether it is an Inco-Served Model or a Passthrough Model and, for each Passthrough Model, names the Provider. Inco may change how a Model or mode is routed and will update the Models Page no later than when the change takes effect. For each Passthrough Model, the Models Page also states whether the Provider’s terms permit it to use your content to train or improve its models.

3. Settings required. You can use Passthrough Models only while the Passthrough Setting is on. The Passthrough Setting operates independently of the Store & Improve Setting. Inco stores Content Logs of requests to Passthrough Models only while the Store & Improve Setting is on; otherwise Inco transmits the request to the Provider and returns the Output without retaining either beyond the processing window.

4. Your instruction. When you use a Passthrough Model, you instruct Inco to transmit your Inputs to the Provider and to receive the Outputs from it. The Provider processes that content in its own locations and under its own terms, as described in the Privacy Policy and the DPA. Your use of a Passthrough Model is also subject to the Provider’s usage terms, which are linked from the Models Page.

5. Responsibility. Inco is responsible for a Provider only to the extent of the instructions Inco gives it to process your request. Providers are not Subprocessors under the DPA. Section 11.4 states the limits of Inco’s responsibility for Third-Party Services.

6. European Accounts. Passthrough Models are not available to European Accounts.

5. Customer Content and Data Handling

5.1 Data Settings. Your account has three Data Settings, which you can view and change at any time in your account settings on the platform:

1. Store & Improve Setting. While on, Inco stores Content Logs and may use them for the Improvement Purposes, as described in Section 5.2. On by default, except for European Accounts, for which it is off by default.

2. Passthrough Setting. While on, you may use Passthrough Models, as described in Section 4.12. On by default. Not available for European Accounts: the Passthrough Setting cannot be turned on for a European Account and Passthrough Models are not offered to European Accounts.

3. Training Setting. While on, Inco may use Customer Content as described in Section 5.3. Off by default for every account. The Training Setting can be on only while the Store & Improve Setting is on. Not available for European Accounts.

The Training Setting can be on only while the Store & Improve Setting is on; turning the Store & Improve Setting off also turns the Training Setting off. The Passthrough Setting is independent of both. A change to a Data Setting applies to requests made after the change. It does not reach back. Content Logs created before the change are deleted within 30 days as provided in Section 5.11, but after the Store & Improve Setting is turned off Inco will not use them for the Improvement Purposes. A change does not require Inco to retrain or discard any model, or any aggregated statistics, produced before the change.

5.1A Data Settings as displayed.

1. Store prompts and responses. Inco keeps a copy of your requests and responses, including images, files, video and media fetched from URLs, for 30 days (European accounts) or for as long as needed to improve the service, reviewed at least yearly (all other accounts) and uses them to tune routing and caching, detect abuse, run benchmarks, and train internal models that help us serve requests faster. These internal models are never released to anyone. When off, no text or media is kept after your request is processed; Inco keeps only the shape of the request — the role, size and kind of each part, the counts, and a fingerprint used to recognize repeats. Default: on; off for European Accounts.

2. Allow training on your content. Allow Inco to use your prompts and responses to train models that are released to customers or the public. Requires ‘Store prompts and responses’ to be on. Default: off. Not available for European Accounts.

3. Allow relayed models. Some models and modes are run by third-party providers, named on the models page. When on, your requests to those models are sent to the provider, which processes them in its own locations (which may include China) under its own terms, including any use for training the provider discloses. Inco does not keep a copy unless ‘Store prompts and responses’ is on. When off, those models are unavailable to your account. Default: on. Not available for European Accounts (shown as unavailable, not as a toggle).

The labels and descriptions above are the ones shown in your account settings; the defined terms in Section 2 refer to the same settings.

5.2 Content Logs and Improvement Purposes. While the Store & Improve Setting is on, Inco stores the Inputs and Outputs of each request as Content Logs for the period stated in Section 5.11, including inline image, file, and video bytes and any media retrieved from a URL you provide, and including requests to Passthrough Models, and may use Content Logs for the Improvement Purposes, which are: (a) routing and cache tuning; (b) abuse detection; (c) benchmarking; and (d) training Inco’s internal performance models that are not made available to customers or third parties, such as draft models and other serving add-ons. Inco does not use Content Logs to train any model that is made available to customers or third parties unless the Training Setting is on. Inco does not sell Content Logs, does not share them for advertising, and does not disclose them except as described in Section 5.6.

5.3 Training Setting. The Training Setting is off by default. While it is on, Inco may use Customer Content to train, fine-tune, or otherwise improve models that Inco releases.

5.4 If the Store & Improve Setting is off. While the Store & Improve Setting is off, Inputs and Outputs submitted to or generated by the Service, including inline image and file bytes and any media retrieved from a URL you provide, are retained only for as long as necessary to process the request and return the response, except as necessary to comply with applicable law, to provide the Service, to provide support you request, or to perform safety screening. Except for those purposes, Inco does not log request or response bodies in application logs, error traces, crash dumps, message queues, analytics events, or metrics. Requests to Passthrough Models are transmitted to the Provider and the Outputs returned to you without being retained by Inco beyond the processing window. Whatever your Data Settings, Inco retains Usage Data for every request, including the size, kind and count of each part and a one-way fingerprint of each part, as described in Section 2.12 and retained as described in Section 5.8. No text or media content is retained under this Section 5.4. Cached computation used to accelerate inference (including prefix and key-value caches) is not persisted beyond the processing window. Inco maintains controls designed to prevent cached computation derived from one customer’s Inputs from being used in, influencing, or being disclosed in the Outputs generated for any other customer. The two preceding sentences apply whether or not the Store & Improve Setting is on.

5.5 Access to content. Inco personnel may access Customer Content, including Content Logs, only (a) for the Improvement Purposes, while the Store & Improve Setting is on; (b) for the uses described in Section 5.3, while the Training Setting is on; (c) for abuse detection and safety screening; (d) to provide support you request, including by reading Customer Content that you or an End User include in a support request; and (e) to comply with applicable law; and in each case only under access controls and confidentiality obligations.

5.6 Disclosure. Inco does not disclose Customer Content to any third party except (a) to the Provider of a Passthrough Model you use, as described in Section 4.12; (b) to the infrastructure providers that host the servers Inco operates, which host the hardware but do not operate Inco’s software, as described in the Privacy Policy and the DPA; (c) as required by applicable law, including to report and preserve child sexual abuse material as described in Section 6.4; and (d) to Inco’s identity provider and payment processor, which receive account and billing information only, as described in the Privacy Policy. The developers and licensors of Inco-Served Models receive no Customer Content from Inco when you use an Inco-Served Model.

5.7 Processing locations. Inco-Served Models run on infrastructure Inco operates, located in several regions, which may include North America, Europe, and the Asia-Pacific region, and which may change over time. Inco will not operate inference infrastructure in the People’s Republic of China, Taiwan, or Hong Kong. Content Logs are stored on infrastructure Inco operates. When you use a Passthrough Model, your Customer Content is processed in the Provider’s locations, as stated on the Models Page, which may include the People’s Republic of China. Additional detail is in the Privacy Policy.

5.8 Usage Data and retention. Inco collects and retains Usage Data to operate, secure, bill for, and improve the Service, whatever your Data Settings. Usage Data includes the request metadata and fingerprints described in Section 2.12 and is retained for the period stated in this Section 5.8, not the Content Log periods in Section 5.11. Inco retains the IP address and user agent associated with each request for 90 days for security and abuse investigation and then deletes them, except that Inco may retain them for up to 12 months where they are linked to a security investigation. API keys are removed from request headers before any log entry is written. The playground is subject to the same rules as the API. Inco retains Usage Data in identifiable form for the life of your account plus six years, after which it is anonymized; retains billing records for ten years; and retains Content Logs for the periods described in Section 5.11.

5.9 Aggregated statistics. Inco may create and use aggregated, de-identified statistics derived from Usage Data, such as token volumes, latency, and Model mix, for any purpose, including product development and marketing, provided that such statistics do not identify you or any End User and, except as permitted in the next sentence, are not derived from the content of Customer Content. Aggregated statistics derived from Content Logs are permitted only while the Store & Improve Setting is on and only for the Improvement Purposes, and never identify you, any other customer, or any End User.

5.10 Data protection. To the extent Inco processes personal data contained in Customer Content on your behalf, the parties’ respective obligations are set out in the Inco Data Processing Addendum at inco.ai/legal/dpa (the “DPA”), which is incorporated into these Terms and applies to the extent Applicable Data Protection Laws (as defined in the DPA) require a contract between us for that processing. Where the DPA does not apply, Customer Content is handled under this Section 5 alone. Inco will countersign a copy of the DPA on request. Our handling of account, billing, Usage Data, and website data is described in the Privacy Policy. For the Improvement Purposes and, while the Training Setting is on, the uses described in Section 5.3, Inco acts as an independent controller of any personal data in Customer Content, as described in the Privacy Policy and Section 4A of the DPA.

5.11 Deletion. You may delete your account at any time. Upon a verified deletion request or termination, Inco will delete account data from production systems within 30 days and from backups within 90 days, except for Usage Data retained as described in Section 5.8 and records that Inco is required to retain for billing, tax, legal, or security purposes, which Inco will continue to protect and will delete when the requirement ends. API keys are revoked immediately on deletion. Content Logs of a European Account are deleted no later than 30 days after creation. Content Logs of any other account are retained for as long as necessary for the Improvement Purposes, reviewed at least every 12 months, and deleted when no longer necessary for those purposes. For every account, Content Logs are deleted within 30 days after the Store & Improve Setting is turned off and within 30 days after account deletion. Deletion of Content Logs does not require Inco to retrain or discard a model trained on them before deletion.

6. Acceptable Use Policy

This Section 6 is the Inco Acceptable Use Policy. It applies to you and to your End Users. Inco may update it under Section 18. The AUP prohibits uses of the Service, not categories of customer: you may use the Service in any industry provided you do not use it in a prohibited way.

6.1 Prohibited uses. You will not, and will not permit any End User to, use the Service or Outputs:

1. in violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, publicity, and data protection rights;

2. to provide medical, legal, financial, or other professional advice, or to make a diagnosis or treatment decision, where the Output is relied on as a substitute for the judgment of a qualified professional without a qualified human reviewing the Output before it is acted on;

3. to make, or as the sole or determinative basis for, a decision that produces legal or similarly significant effects on a natural person, including decisions about employment, credit, housing, insurance, education, or access to essential services, without meaningful human review of each decision;

4. in any system where failure or error of the Service could reasonably be expected to result in death, personal injury, or severe physical or environmental damage, including weapons, the operation of aircraft, vehicles, or other transport, medical devices, and critical infrastructure control;

5. for facial recognition, biometric identification or categorization of natural persons, emotion recognition, or to infer sensitive characteristics of a natural person from biometric data;

6. to submit government-issued identification numbers, images or other reproductions of identification documents or payment cards, payment card data subject to the Payment Card Industry Data Security Standard, account credentials (including credentials to a financial account), protected health information subject to the Health Insurance Portability and Accountability Act, biometric identifiers used for the purpose of uniquely identifying an individual, or personal data of children under 16, in each case except with Inco’s prior written agreement;

7. to generate or distribute child sexual abuse material or any sexual content involving minors, non-consensual intimate imagery, or content that sexualizes minors;

8. to generate content that incites or promotes violence, terrorism, or hatred against a person or group based on a protected characteristic, or to harass, threaten, defame, or intimidate any person;

9. to develop, design, or facilitate the development of weapons, including chemical, biological, radiological, nuclear, or high-yield explosive weapons, or malicious code, or to gain unauthorized access to any system, network, or data;

10. to deceive, including by representing Outputs as human-generated where a reasonable person would be misled, impersonating any person or entity, or producing disinformation, fraudulent content, or spam;

11. to interfere with or disrupt the Service, circumvent rate limits, usage limits, or access controls, share or pool API keys across accounts to evade limits, or create multiple accounts for that purpose;

12. to reverse engineer, decompile, or attempt to extract the weights, architecture, or non-public parameters of any Model as served by Inco, or Inco’s optimization or serving technology, except to the extent such restriction is prohibited by law;

13. to operate a Competing Inference Service as described in Section 4.4;

14. in breach of any Model License applicable to the Model you are using;

15. to submit to a Passthrough Model any content that the Provider’s usage terms prohibit; or

16. to submit to a Passthrough Model technology or technical data controlled under the EAR or ITAR, bulk U.S. sensitive personal data, or U.S. government-related data, as those terms are defined in applicable U.S. law.

6.2 High-risk and regulated deployments. If you deploy Your Application in a context that is regulated as high-risk under applicable law, including under the European Union’s Artificial Intelligence Act or similar laws, you are solely responsible for complying with the obligations that apply to you as the deployer or provider of that application, including risk assessment, human oversight, transparency, logging, and registration requirements. Inco provides infrastructure for accessing third-party Models and is not the provider of Your Application.

6.3 Content responsibility. You are solely responsible for your Inputs, your use of Outputs, and the content and conduct of Your Application. Inco has no obligation to review Customer Content.

6.4 Enforcement. Inco may investigate suspected violations of this AUP using Usage Data, account metadata, and safety screening. Inco may throttle, suspend, or terminate access, remove content from its systems, and report unlawful activity to law enforcement, in each case as described in Section 14. Where the Store & Improve Setting is on, Inco may review Content Logs for abuse detection; otherwise Inco relies on Usage Data, account metadata, safety screening, and reports from third parties, and on you to ensure that your use and your End Users’ use complies with this AUP. Suspected violations of this AUP, including content described in Section 6.1(g), may be reported to legal@inco.ai or security@inco.ai. Where Inco obtains actual knowledge of apparent child sexual abuse material, it will report and preserve the material as required by law.

7. Fees, Credits, and Payment

7.1 Metered pricing. Use of the Service is metered per token (and, for some modalities, per unit specified on the Models Page) at the rate displayed on the Models Page at the time of each request. Rates may change at any time; the rate in effect when a request is processed applies to that request. Inco’s measurement of usage is authoritative absent manifest error.

7.2 Prepaid Credits. The Service is prepaid. You purchase Credits in advance through our payment processor, and metered charges are deducted from your Credit balance as they accrue. Credits are a prepaid allowance for Service usage; they are not stored value, a deposit, a gift certificate, or a gift card, have no cash value except as expressly provided in Sections 7.5 and 18.1, are not transferable, and may not be redeemed for cash or applied to any other product.

7.3 Automatic top-up. You may enable automatic top-up, under which we charge your payment method for the amount you specify when your balance falls below the threshold you specify. You are responsible for configuring, monitoring, and disabling automatic top-up and for all charges incurred under it. We do not provide free trial Credits.

7.4 Expiry. Inco reserves the right to treat Credits as expired 12 months after the date of purchase. Inco will give you at least 30 days’ notice by email before expiring any Credits. Expiry does not apply where prohibited by applicable law, and if the law of your jurisdiction prohibits expiry, your Credits will not expire.

7.5 No refunds. Except where required by applicable law or expressly stated in these Terms, all purchases of Credits are final and non-refundable, including on termination of your account for any reason. If Inco terminates your account under Section 14.2 for convenience and you are not in breach, Inco will refund your unused Credit balance.

7.6 Taxes. Fees are exclusive of all taxes, duties, and levies. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes arising from your purchases, other than taxes on Inco’s net income. If you are a business customer outside the United States, you represent that you are purchasing for business purposes, will provide a valid VAT, GST, or equivalent registration number on request, and will self-assess and account for any tax due under reverse-charge or similar rules where applicable. If Inco is required to collect tax, it will be added to your charges. If withholding is required by law, you will gross up the payment so that Inco receives the full amount invoiced.

7.7 Payment disputes. You must notify us in writing of any disputed charge within 30 days of the charge; otherwise it is deemed accepted. We ask that you contact us before initiating a chargeback with your card issuer, so that we can resolve the charge directly. Nothing in this Section 7.7 limits any right you have under the rules of your card network or under applicable law. Inco may suspend an account under Section 14.3(c) where a chargeback is initiated fraudulently or in bad faith.

7.8 Payment processor. Payments are processed by a third-party payment processor, and your payment is also subject to its terms. Inco does not store full payment card numbers.

8. Third-Party Models and Model Licenses

8.1 Compliance with Model Licenses. Each Model is subject to its Model License, which is linked from the Models Page. Your use of a Model and of Outputs generated by it is subject to, and you agree to comply with, the applicable Model License, including any use restrictions, attribution requirements, and restrictions on using Outputs to develop competing models. Your obligations under the Model License are in addition to these Terms. If a Model License conflicts with these Terms regarding your use of that Model or its Outputs, the more restrictive provision applies.

8.2 No representation by Inco. Inco is not a party to any Model License and makes no representation or warranty regarding any Model, its Model License, the rights of any Model developer to license it, or whether your intended use complies with the Model License. Determining whether your use complies with a Model License is your responsibility. Inco’s quantization or optimization of a Model does not alter the Model License or your obligations under it.

8.3 Changes to Models or licenses. If a Model License changes, a Model is withdrawn by its licensor, or Inco determines that continuing to serve a Model presents legal risk, Inco may modify, restrict, or discontinue access to that Model at any time, with notice where practicable, as described in Section 1.4.

9. Intellectual Property

9.1 Your Content. As between you and Inco, you own your Inputs and, subject to the applicable Model License, you own the Outputs generated for you. Inco assigns to you any right, title, and interest Inco may have in Outputs. You grant Inco a limited, non-exclusive license to process Customer Content to provide the Service to you and, to the extent permitted by your Data Settings, for the Improvement Purposes and the Training Setting.

9.2 Nature of Outputs. Because Models generate Outputs probabilistically, Outputs may not be unique, and other customers may receive Outputs that are the same as or similar to yours. Inco does not assign or warrant rights in Outputs to the extent they are the same as or similar to Outputs generated for other customers, or to the extent they reproduce third-party content. Outputs may be inaccurate, incomplete, offensive, or unsuitable for your purpose; you are responsible for evaluating Outputs before relying on them.

9.3 Inco Property. Inco and its licensors own all right, title, and interest in the Service, including the API, the platform, Inco’s optimization and serving technology, documentation, and all Usage Data, and all improvements to them. Except for the rights expressly granted in these Terms, no rights are granted to you by implication or otherwise. The Models remain the property of their respective developers and licensors.

9.4 Feedback. If you provide suggestions, ideas, or feedback about the Service, Inco may use them without restriction or obligation to you.

10. Confidentiality

10.1 Each party will keep confidential any non-public information disclosed by the other party that is marked or would reasonably be understood to be confidential, use it only to perform under these Terms, and protect it with at least reasonable care. This obligation does not apply to information that is or becomes public through no fault of the recipient, was already known to the recipient, is independently developed, or is rightfully received from a third party, and does not prevent disclosure required by law provided the recipient gives reasonable prior notice where lawful. Non-public pricing, rate limits, and roadmap information disclosed to you are Inco’s confidential information. Customer Content is handled under Section 5 rather than this Section 10.

11. Warranties and Disclaimers

11.1 Mutual. Each party represents that it has the legal power to enter into these Terms.

11.2 Your warranties. You represent and warrant that (a) you have and will maintain all rights, consents, and permissions necessary to submit Inputs, to direct Inco to retrieve content from any URL you provide, and to grant the rights in Section 9.1; (b) your Inputs, Your Application, and your and your End Users’ use of the Service and Outputs comply and will comply with these Terms, the AUP, each applicable Model License, and all applicable laws; and (c) the information you provide to Inco is accurate.

11.3 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, THE MODELS, AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCO AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, INCO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY MODEL WILL REMAIN AVAILABLE; THAT OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ORIGINAL, OR NON-INFRINGING; OR THAT OUTPUTS ARE SUITABLE FOR ANY PARTICULAR PURPOSE, INCLUDING ANY HIGH-RISK PURPOSE DESCRIBED IN SECTION 6.1. OUTPUTS ARE NOT PROFESSIONAL ADVICE. YOU USE OUTPUTS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS THE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

11.4 Third-party services. The Service relies on, and may interoperate with, products, services, and infrastructure provided by third parties, including Model developers and licensors, infrastructure and hosting providers, Inco’s identity provider and payment processor, and the operators of websites or content at URLs you provide (together, “Third-Party Services”). Providers of Passthrough Models are Third-Party Services. Except as stated in Section 4.12(e) and the DPA, Inco does not control and is not responsible for Third-Party Services, and Inco does not control a Provider’s processing beyond the instructions Inco gives it. Except as expressly stated in these Terms or the DPA, Inco makes no representation or warranty, and will have no liability, regarding any Third-Party Service, including its availability, security, performance, or content, and Inco is not liable for a Provider’s acts or omissions outside the scope of processing your request. Your use of any Third-Party Service that you choose to use with the Service is subject to that third party’s terms.

12. Indemnification

12.1 By you. You will defend, indemnify, and hold harmless Inco, its affiliates, and their officers, directors, employees, and agents from and against all claims, demands, suits, and proceedings brought by a third party (including any End User or governmental authority), and all resulting liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to (a) your Inputs, including content retrieved from a URL you provide; (b) Your Application and your and your End Users’ use of the Service or Outputs; (c) your or your End Users’ breach of these Terms, the AUP, or any Model License; (d) your violation of applicable law or of any third-party right; or (e) any dispute between you and an End User.

12.2 Procedure. Inco will give you prompt notice of any claim for which it seeks indemnity (provided that delay only relieves you to the extent you are prejudiced), reasonable cooperation at your expense, and sole control of the defense and settlement, except that you may not settle any claim in a manner that admits fault by or imposes obligations on Inco without Inco’s written consent. Inco may participate with its own counsel at its own expense.

12.3 No IP indemnity. Inco does not provide any indemnity for claims that the Service, the Models, or Outputs infringe third-party intellectual property rights. Any such indemnity must be set out in an Enterprise Agreement.

13. Limitation of Liability

13.1 EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INCO OR ITS LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.2 CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCO’S TOTAL CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS AND THE SERVICE, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO INCO FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

13.3 Exceptions. The limitations in Sections 13.1 and 13.2 do not apply to (a) your payment obligations under Section 7; (b) your indemnification obligations under Section 12; (c) your breach of the AUP or Section 4.4; (d) your infringement or misappropriation of Inco’s or its licensors’ intellectual property rights, or your breach of Section 10; or (e) liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or personal injury caused by negligence.

13.4 Basis of the bargain; reformation. The parties agree that the limitations in this Section 13 reflect a reasonable allocation of risk and are an essential basis of the bargain, and that Inco would not provide the Service at the current fees without them. Each limitation in this Section 13 is independent and severable. If any limitation is held unenforceable, it will be enforced to the maximum extent permitted and, if necessary, reformed to the minimum extent required to make it enforceable, and the remaining limitations will remain in effect.

14. Term, Suspension, and Termination

14.1 Term. These Terms apply from your first acceptance or use of the Service and continue until terminated.

14.2 Termination for convenience. You may terminate at any time by deleting your account. Inco may terminate these Terms for convenience on 30 days’ notice by email, in which case Section 7.5 applies to unused Credits.

14.3 Suspension. Inco may suspend or restrict your access to all or part of the Service immediately, without prior notice, if Inco reasonably believes that (a) you or an End User have breached the AUP or Section 4.4; (b) your account, API keys, or Application present a security risk to the Service, Inco, or any third party; (c) you have failed to pay amounts due, your payment method has failed, or a chargeback has been initiated; (d) you or an End User are, or are acting on behalf of, a person described in Section 15; or (e) suspension is required by law or a governmental authority. Inco will notify you of a suspension and, where practicable, the reason, and will lift the suspension once the issue is resolved. Inco will use reasonable efforts to limit a suspension to the affected account, API key, or Application.

14.4 Termination for cause. Either party may terminate these Terms on written notice if the other party materially breaches them and fails to cure within 30 days of notice. Inco may terminate immediately on notice for a breach of the AUP, Section 4.4, or Section 15, for repeated breaches, or if you become insolvent.

14.5 Effect. On termination, your right to access the Service ends, all API keys are revoked, and you must pay all amounts accrued. Sections 5, 7.5, 7.6, 8, 9, 10, 11.3, 11.4, 12, 13, 14.5, 15, 16, and 19, and any other provision that by its nature should survive, survive termination.

15. Export Controls and Sanctions

15.1 You represent and warrant that neither you nor any End User (a) is located in, organized under the laws of, or ordinarily resident in a country or territory that is the subject of comprehensive U.S., EU, or UK sanctions or embargoes, as in effect from time to time; (b) is identified on, or owned or controlled by a person identified on, any U.S., EU, or UK restricted-party list, including the OFAC Specially Designated Nationals list, the BIS Entity List, or the EU or UK consolidated sanctions lists; or (c) will use the Service for any end use prohibited by U.S. export control or sanctions laws, including in connection with nuclear, chemical, or biological weapons, missile technology, or military intelligence end uses.

15.2 You will comply with all applicable export control and sanctions laws in your use of the Service and Your Application, will not access the Service from any location described in Section 15.1(a), and will not permit End Users to do so. Inco may geo-restrict access to the Service and may suspend or terminate access immediately on a sanctions or restricted-party match.

16. Governing Law and Dispute Resolution

16.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal resolution first. Before starting arbitration or litigation, the party raising a dispute will send the other a written notice describing the dispute and the relief sought (to Inco at legal@inco.ai; to you at the email on your account). The parties will attempt in good faith to resolve the dispute for 30 days after the notice is received. This step is a condition precedent to any arbitration or suit, and any limitation period is tolled during it.

16.3 AGREEMENT TO ARBITRATE (UNITED STATES CUSTOMERS). IF YOU ARE LOCATED IN THE UNITED STATES, YOU AND INCO AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE THAT IS NOT RESOLVED UNDER SECTION 16.2 WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, EXCEPT AS PROVIDED IN SECTIONS 16.6 AND 16.7. THIS AGREEMENT TO ARBITRATE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

16.4 Arbitration procedure. The arbitration will be administered by JAMS under its rules then in effect, including its consumer rules where applicable, as modified by this Section 16. The arbitration will be seated in Santa Clara County, California, and conducted by a single arbitrator in English. Hearings may be conducted by video conference. Where the claim is for US $25,000 or less, the arbitration will be conducted on documents only unless the arbitrator decides a hearing is necessary. The arbitrator may award any relief available in court on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction. Inco will pay the arbitration filing and administrative fees for individual customers to the extent required by the administrator’s consumer rules; otherwise fees are allocated under those rules.

16.5 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND INCO EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM, AND MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS SECTION 16.5 IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST (AND ONLY THAT CLAIM OR REQUEST) WILL BE SEVERED FROM ARBITRATION AND DECIDED BY A COURT UNDER SECTION 16.8, AND ALL OTHER CLAIMS WILL BE ARBITRATED.

16.6 Mass arbitration. If 25 or more similar arbitration demands are filed against Inco by or with the assistance of the same or coordinated counsel or organizations within a 90-day period, the demands will be administered under the administrator’s mass or multiple-case procedures then in effect, and, to the extent those procedures do not so provide, (a) the parties will select 10 demands (5 by each side) as bellwethers to proceed first while the remainder are stayed; (b) after the bellwether awards, the parties will engage in a 60-day mediation of the remaining demands; and (c) if not resolved, the remaining demands will be processed in batches of 50, with each batch assigned to a single arbitrator and filing fees payable per batch. A court, not the arbitrator, will decide any dispute about this Section 16.6. Any limitation period is tolled for a stayed demand from its filing until it is assigned to an arbitrator.

16.7 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies; (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information, or to enforce the AUP or Section 4.4; and (c) bring a claim to compel arbitration or to enforce an award.

16.8 Courts. For any dispute not subject to arbitration, or where the arbitration agreement is unenforceable or waived, the state and federal courts located in Santa Clara County, California have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.

16.9 Consumers outside the United States. If you are an individual customer residing in the European Union, the United Kingdom, or another jurisdiction whose laws do not permit mandatory pre-dispute arbitration or a foreign choice of law or forum for consumers, then Sections 16.3 through 16.6 do not apply to you; you may bring proceedings in the courts of your country of residence; and you have the benefit of any mandatory provisions of the law of your country of residence that these Terms cannot displace.

16.10 Opt-out. You may opt out of Sections 16.3 through 16.6 by emailing legal@inco.ai with your account email and a statement that you opt out of arbitration within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

17. Enterprise Agreements and Order of Precedence

17.1 Enterprise Agreements. Inco and a customer may enter into an Enterprise Agreement that references these Terms. An Enterprise Agreement may add to these Terms, and may modify or replace provisions of these Terms, but only to the extent it expressly identifies the section number of each provision of these Terms that it modifies or replaces. A provision of these Terms that is not so identified continues to apply in full.

17.2 Precedence. In the event of a conflict, the following order of precedence applies: (a) the Enterprise Agreement, solely with respect to the sections of these Terms it expressly identifies under Section 17.1; (b) the DPA, with respect to the processing of personal data; (c) these Terms, including the AUP; (d) the Privacy Policy, with respect to Inco’s handling of personal information not addressed by the DPA; and (e) the documentation. General statements in an Enterprise Agreement, such as “this order form supersedes any conflicting terms,” do not modify these Terms unless accompanied by the section-level identification required by Section 17.1. Terms on a customer purchase order or vendor portal are void.

18. Changes to these Terms

18.1 Inco may update these Terms from time to time. For material changes, Inco will give at least 30 days’ notice by email to the address on your account and by posting the updated Terms with a new effective date, and will require you to affirmatively accept the updated Terms the next time you log in to the platform after the effective date. If you continue to use the API after the effective date without logging in, your continued use constitutes acceptance. Inco reserves the right to require affirmative re-acceptance of the updated Terms, or rotation of your API keys, as a condition of continued access, and may block access to the API until re-acceptance is recorded. If you do not agree to the updated Terms, you must stop using the Service and may delete your account; Section 7.5 applies to unused Credits except that Inco will refund unused Credits if you terminate within 30 days after a material change that adversely affects you and you have not breached these Terms. Changes that are not material, including corrections, clarifications, and changes required by law, may take effect on posting. No update to these Terms applies to a dispute that has arisen, or of which Inco has notice, before the effective date of that update. Each version of these Terms is archived at inco.ai/legal/terms/versions.

18.2 Transition to these Terms. If your account was opened before the effective date of these Terms: (a) Inco will give notice of these Terms by email to the address on your account on 15 October 2026; (b) for accounts opened before 15 October 2026, these Terms take effect on 14 November 2026; (c) you must affirmatively accept these Terms the next time you log in to the platform on or after that date; (d) access to the API on or after 14 November 2026 requires that your account has accepted these Terms; (e) Inco will not create Content Logs for any account opened before 15 October 2026 until that account has accepted these Terms; (f) until it accepts, such an account continues under the terms it previously accepted, without Content Logs, until 14 November 2026, after which access to the Service is suspended until these Terms are accepted. The continued-use rule in Section 18.1 does not apply to acceptance of these Terms.

19. General

19.1 Entire agreement. These Terms, the Privacy Policy, the DPA, the Models Page, and any Enterprise Agreement are the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings, including any prior terms of service you accepted for the Service.

19.2 Assignment. You may not assign or transfer these Terms without Inco’s prior written consent, except to a successor in a merger or acquisition of substantially all of your assets who is not a Competing Inference Service and agrees in writing to be bound. Inco may assign these Terms to an affiliate or to a successor in a merger, acquisition, or sale of assets. Any other attempted assignment is void.

19.3 Notices. Inco may give notice by email to the address on your account, by posting in the platform, or by posting on the Models Page or the Terms page, as applicable. You may give notice to Inco at legal@inco.ai or Inco AI, Inc., 1881 Page Mill Road, Palo Alto, California 94304, Attn: Legal. Notice is effective when sent by email or posted.

19.4 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, and failures of third-party infrastructure or Model licensors.

19.5 Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or fiduciary relationship. There are no third-party beneficiaries, except that Inco’s licensors and indemnitees may enforce the provisions intended for their benefit.

19.6 Severability; waiver. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force, subject to Section 16.5. A party’s failure to enforce a provision is not a waiver of its right to do so later.

19.7 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms are drafted in English; any translation is for convenience and the English version controls.

19.8 U.S. Government. The Service is commercial computer software and commercial computer software documentation, and U.S. Government users acquire only the rights granted to all other customers under these Terms.

19.9 Contact. Questions about these Terms may be sent to legal@inco.ai. Reports of suspected abuse or prohibited use may be sent to legal@inco.ai or security@inco.ai. Security reports may be sent to security@inco.ai, and customer support requests to support@inco.ai.