Terms of Service
Effective date: 2026-05-01 · Version: v1.0-beta
READ CAREFULLY. These Terms include important provisions regarding public beta status, no refunds, limited warranties, limitation of liability, indemnification, and dispute resolution. By creating an account, generating an API key, or sending any traffic to powapi, you accept these Terms in full.
These Terms of Service ("Terms") govern your access to and use of the powapi service ("Service") operated by Novpix LLC ("powapi", "we", "us", "our"). The Service is currently offered as a public beta. If you do not agree to these Terms, do not use the Service.
1. The service
powapi is a multi-tenant API gateway that proxies requests from coding tools and other clients (such as Claude Code, Cursor, Cline) to upstream language-model providers. We accept payment under two metering modes:
- Subscription — fixed monthly fee, capped daily token quota.
- Pay-per-token — variable spend metered against a topped-up credit balance.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, security, uninterrupted operation, or that defects will be corrected.
2. Public beta · no SLA
The Service is currently a public beta and may contain bugs, errors, performance issues, gaps, downtime, or unexpected behavior. You acknowledge and accept that:
- We provide no service-level agreement (SLA), no uptime guarantee, and no support response-time commitment during the beta period.
- We may modify, suspend, deprecate, or discontinue the Service or any feature, in whole or in part, at any time and without notice.
- API contracts, model availability, pricing, quotas, and rate limits may change during beta.
- Stored data (usage records, configuration, keys) may be reset, migrated, or deleted during beta as a result of infrastructure changes; you are responsible for backing up anything you need to retain.
You are solely responsible for evaluating whether the Service is appropriate for your use case before relying on it for any production, commercial, regulatory, or critical workflow.
3. Accounts and eligibility
You must be at least 18 years old and legally capable of entering into a binding contract. By creating an account you represent that:
- the information you provide is accurate and current;
- you are using the Service for your own account, not on behalf of a third party without their explicit authorization;
- you are not located in, or a national or resident of, any country subject to a comprehensive embargo by the United States, the European Union, or the United Nations (including but not limited to Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson regions of Ukraine), and you are not on any government list of restricted parties (e.g. OFAC SDN, EU Consolidated List, UN Sanctions List);
- you will not use the Service to develop, design, manufacture, produce, stockpile, or use weapons of mass destruction, missiles, chemical or biological weapons, or for any prohibited end-use under applicable export-control laws.
You are responsible for everything that happens under your account, including the safekeeping and use of your API keys. You may not share keys, transfer your account, or allow any third party to use the Service through your account without our written consent. Any activity under your API key is deemed authorized by you.
We may suspend or terminate accounts that:
- violate these Terms, the Acceptable Use Policy, or applicable law;
- fail to pay outstanding charges within 14 days of due date;
- initiate a chargeback or payment dispute;
- create risk to the integrity, availability, or security of the Service or of upstream providers;
- are determined, in our reasonable judgment, to be associated with sanctioned persons or jurisdictions.
4. Fees, billing, and NO REFUNDS
4.1 Charges
- Subscriptions auto-renew at the end of each billing period until canceled. You can cancel any time via the billing portal; cancellation takes effect at the end of the then-current paid period and you retain access until that period ends.
- Pay-per-token credits are purchased up front in fixed amounts, deducted as you consume tokens, and expire 12 months after the most recent purchase or top-up if no further activity occurs.
4.2 No refunds
To the maximum extent permitted by applicable law, all fees and credit purchases are final and NON-REFUNDABLE. Without limiting the generality of the foregoing, we do not offer refunds, credits, or rebates for, including but not limited to:
- unused portions of any subscription period (no pro-rata refunds for partial months);
- subscription cancellation, downgrade, or non-use during a paid period;
- unused, dormant, or expired pay-per-token credits;
- account suspension or termination resulting from your breach of these Terms or the AUP;
- temporary degradation, error rate, slowness, or unavailability of the Service or any upstream model provider;
- changes in model availability, model pricing, model behavior, or output quality;
- price changes affecting future billing periods;
- any decision, action, code, business outcome, or third-party loss arising from outputs of the Service.
All sales are final. No partial refunds, no goodwill credits, no exceptions outside what mandatory law requires.
4.3 Mandatory consumer rights (where applicable)
Where you are a consumer in a jurisdiction that grants a mandatory statutory right of withdrawal for digital services (e.g. EU Consumer Rights Directive, Türkiye 6502 sayılı Tüketici Kanunu m.48), you expressly request that the Service be made available to you immediately upon purchase and you acknowledge that, by doing so, you lose your right of withdrawal once provision of the Service has begun. If you do not consent to immediate provision, do not use the Service after purchase and contact legal@powapi.io within the statutory withdrawal period.
This Section 4.3 does not limit any non-waivable consumer right under your local law.
4.4 Taxes
All fees are exclusive of any taxes, duties, or governmental charges (including without limitation VAT, KDV, sales tax, GST, withholding tax, or similar). You are responsible for paying all such amounts associated with your purchases. If we are required by law to collect or remit any tax on your behalf, we will add the corresponding amount to your invoice.
4.5 Payment failures and chargebacks
If a payment fails, we may suspend the Service after a grace period of up to 7 days. Initiating a chargeback or payment dispute without first contacting us in good faith is a material breach of these Terms. Where you initiate a chargeback for a charge that we determine to be valid, we reserve the right to:
- immediately suspend or terminate your account and any related accounts;
- refuse future service to you indefinitely;
- recover the disputed amount, plus chargeback fees, bank fees, processing costs, and reasonable collection or legal expenses, by any lawful means.
4.6 Price changes
We may change pricing for new billing periods or new credit purchases. Changes will be announced at least 30 days in advance and will not affect any already-paid billing period or already-purchased credits.
5. Acceptable use
Your use of the Service is subject to the Acceptable Use Policy. Violations are grounds for immediate suspension or termination, without refund.
6. Your content, outputs, and your responsibility
6.1 Ownership
You retain ownership of the prompts you submit and, subject to upstream-provider terms, the responses we deliver to you. We do not claim any ownership in your prompts or outputs and we do not train any models on your data.
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, and display your prompts and outputs solely for the purpose of operating the Service.
6.2 You are solely responsible for outputs and use
The Service forwards your prompts to third-party language models. Outputs may be inaccurate, incomplete, biased, hallucinated, infringing, defamatory, illegal, offensive, or otherwise unsuitable. You are solely and entirely responsible for:
- reviewing, validating, and verifying any output before relying on it;
- any code, content, decision, action, deployment, product, service, or omission that you base on Service outputs;
- ensuring that your use of the Service and your handling of outputs comply with all applicable laws, regulations, and third-party rights (including intellectual property, privacy, export-control, financial-services, healthcare, and consumer-protection laws);
- obtaining all consents required from any individual whose personal data is included in your prompts;
- not using the Service to provide regulated advice (legal, medical, financial, psychological, engineering, or similar) to third parties unless you are independently licensed and assume full professional responsibility for that advice.
We make no warranty whatsoever regarding the accuracy, fitness, originality, IP-cleanliness, safety, or legality of any output. Reliance on outputs is at your sole risk.
6.3 Upstream providers
Your prompts and traffic are processed by third-party language-model providers (such as Anthropic and DeepSeek). Their availability, behavior, output, pricing, and policies are outside our control. We are not liable for any act, omission, modification, downtime, content moderation decision, or change of pricing by any upstream provider.
7. Privacy
We process personal data as described in our Privacy Policy and, where applicable, our KVKK Aydınlatma Metni. For B2B customers handling personal data of EU/UK data subjects, a Data Processing Agreement is available on request.
8. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL CONTENT, OUTPUTS, AND ASSOCIATED MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR SYSTEMS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) NO INDIRECT DAMAGES. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITY, OR SUBSTITUTE-SERVICE COSTS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
(b) AGGREGATE CAP. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU ACTUALLY PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) USD 50.
(c) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT THE FEES REFLECT THIS ALLOCATION OF RISK AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN. THE LIMITATIONS APPLY EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(d) JURISDICTIONAL LIMITS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE MANDATORY LAW (E.G. FRAUD, GROSS NEGLIGENCE, OR DEATH/PERSONAL INJURY CAUSED BY OUR NEGLIGENCE WHERE NON-WAIVABLE).
10. Indemnification
You will defend, indemnify, and hold harmless Novpix LLC and its officers, directors, employees, contractors, and affiliates from and against any third-party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- your use or misuse of the Service;
- the prompts, data, content, or instructions you submit;
- any output you receive from the Service and any decision, action, code, product, or service you build, distribute, or deploy in reliance on it;
- your violation of these Terms, the AUP, applicable law, or any third-party right (including intellectual-property and privacy rights);
- chargebacks or disputed payments determined to be improper.
We may, at our option, assume the exclusive defense of any claim subject to indemnification, in which case you will cooperate fully. You may not settle any indemnified claim that imposes obligations on us without our prior written consent.
11. Force majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, pandemic, labor disputes, embargoes, sanctions, government actions, network or power outages, internet failures, denial-of-service attacks, or failures or modifications of upstream providers, hosting providers, or other infrastructure.
12. Termination
Either party may terminate the agreement at any time. Upon termination:
- your access to the Service ends;
- API keys are revoked;
- outstanding charges remain due and payable;
- we may delete your account data after 30 days; back up anything you wish to retain before then;
- Sections 4.2, 4.5, 6, 8, 9, 10, 11, 13, 14, 15, and any provision that by its nature should survive, will survive termination.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced at least 14 days in advance via email and the panel. Continued use after the effective date of the change constitutes acceptance. If you do not agree to a change, your sole remedy is to stop using the Service before the effective date.
14. Governing law and disputes
These Terms are governed by the laws of State of Delaware, USA, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, claim, or controversy will be resolved exclusively in the state or federal courts located in that jurisdiction, and you submit to the personal jurisdiction of those courts. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
To the maximum extent permitted by law, any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause accrues, otherwise it is permanently barred.
15. General
- Entire agreement. These Terms, together with the AUP, Privacy Policy, Cookie Policy, and any DPA, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be replaced with one that most closely reflects the original intent.
- No waiver. Our failure to enforce any provision is not a waiver of that provision.
- Notices. Notices to you may be given by email to the address on file or by posting in the panel. Notices to us must be sent to legal@powapi.io.
- Independent parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
- Language. These Terms are drafted in English. The Turkish translation is provided for convenience only; in case of conflict, the English version controls except where mandatory consumer law requires otherwise.
16. Contact
Questions about these Terms: legal@powapi.io. Novpix LLC, 131 Continental Dr Suite 305, Newark, DE 19713, US.