Terms of Service

The Service is a business-to-business (B2B) developer tool designed to provide data and functional infrastructure to integrators. You are solely responsible for your own applications, software, services, and the end-users who interact with your platform. We act strictly as a technical data processor.

• Prepaid Credits: The Service operates on a prepaid, pay-as-you-go model. You must maintain a positive account credit balance to make successful API calls. If your balance drops to zero or goes negative, API access will be instantly suspended.

• Auto-Reload: If you enable the auto-reload feature, you authorize our third-party payment processor (Stripe) to securely charge your designated payment method to replenish your credit balance whenever it falls below your specified threshold.

• Payment Processing: We do not collect, process, or store credit card information on our servers. All transaction handling, vaulting, and compliance are managed entirely by Stripe.

• Refund Policy: All prepaid balances are non-refundable during normal operations.

• Credit expiration: Unused credit expires 365 days after purchase.

• Account deletion: Should you choose to delete your account, any remaining balance in your account will be forfeited.

You agree to use the Service solely for lawful purposes and in strict compliance with these Terms. You are entirely responsible for all activity, content, and data generated by your application using our API keys. You explicitly agree that you will not, and will not permit any third party or end-user to:

(I) ABUSE AND OVERUSE: Reverse-engineer, decompile, disassemble, or bypass any automated rate limits, pricing models, or security mechanisms of the Service.

(II) COMPETITIVE REPLICATION: Use the Service, its outputs, or documentation to train, build, test, fine-tune, or improve any machine learning models, artificial intelligence systems, or competing services.

(III) AI MALICIOUS MANIPULATION: Engage in prompt-injection attacks, jailbreaking, or any systematic attempt to manipulate the underlying third-party LLM engines into producing harmful, illegal, or prohibited content.

(IV) DATA HARVESTING: Scrap, crawl, cache, or mass-download AI-generated outputs or training data from the Service to create an independent database or archive.

(V) ILLEGAL OR HARMFUL CONTENT: Utilize the Service to generate, process, or transmit content that is illegal, defamatory, hateful, sexually explicit, infringes on third-party intellectual property, or violates OpenAI’s usage policies.

(VI) SECURITY THREATS: Introduce viruses, trojans, worms, logic bombs, or any malicious code, or perform denial-of-service (DoS) attacks against the Service infrastructure.

(VII) High-Risk Violation: Deploy the API in direct violation of the safety, environmental, or product constraints explicitly outlined in Section 9 of these Terms.

Our Ownership: ZOEARK LLC and its licensors retain all right, title, and interest in and to HorusEngine, the API, the documentation, our website, our logos, and all underlying software, algorithms, and technology. No implied licenses are granted under these Terms. You may not copy, modify, distribute, or reverse-engineer any portion of our intellectual property.

Your Content and License to Us: You retain all ownership rights to the data, text, and images you submit to the API ("User Content"). By submitting User Content, you grant ZOEARK LLC a worldwide, royalty-free, non-exclusive license to host, transmit, display, and process your content solely as necessary to provide, maintain, secure, and improve the Service, and to comply with applicable law. You represent and warrant that you have all necessary rights and permissions to grant this license.

Feedback: If you provide us with any suggestions, ideas, or feedback regarding the Service, you agree that ZOEARK LLC can use and exploit that feedback for any purpose without restriction, compensation, or obligation to you.

We strive to maintain high availability, but we do not guarantee 100% uptime. We reserve the right to modify, patch, rate-limit, or temporarily suspend the Service at any time, with or without notice, for maintenance, security updates, or system upgrades.

Our collection and use of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge and agree to the data practices described in these policies. You may request export or deletion of your data at any time by contacting us directly.

Discontinuation Policy: We may suspend, discontinue, or modify the Service, in whole or in part, at any time and for any reason, including but not limited to business, technical, financial, or legal considerations. Where reasonably possible, we will provide you with at least thirty (30) days' advance notice sent to the email address associated with your developer account.

Refunds upon discontinuation: Upon the final shutdown date, any remaining prepaid user account balances over $5.00 will be refunded back to the original payment method processed via Stripe. Remaining balances at and under $5.00 are non-refundable to cover administrative processing and merchant transaction fees.

7.1 No guarantee of permanence

HorusEngine is provided by an early-stage company. While we intend to operate the Service on an ongoing basis, we cannot guarantee that the Service will be available indefinitely or without interruption. We reserve the right to permanently deprecate, shut down, or terminate the Service entirely at any time, for any reason.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOEARK LLC, ITS FOUNDERS, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ZOEARK LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

(I) YOUR USE OF, OR INABILITY TO USE, THE SERVICE;

(II) ANY DOWNTIME, SYSTEM ERRORS, BUGS, OR SERVICE INTERRUPTIONS;

(III) THE PERMANENT SHUTDOWN OR DEPRECATION OF THE SERVICE;

(IV) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, OR LOSS OF YOUR APPLICATION, DATA, OR CONTENT; OR

(V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF MONEY YOU ACTUALLY PAID TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY; OR (B) FIFTY US DOLLARS ($50.00).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ZOEARK LLC'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL FRAUD.

(A) No Safety-Critical Use: The Service is an informational, probabilistic vision-analysis tool. It is not designed, certified, or intended for real-time navigation, autonomous vehicle control, or safety-critical situational awareness where a latency spike, service interruption, or inaccurate image interpretation could result in death, personal injury, physical property damage, or hazardous collisions.

(B) Absolute Compliance Boundaries: Integrator explicitly agrees they shall not deploy the Service within high-risk sectors or applications, including:

• Passenger Vehicles: Real-time steering, automated braking, or live telemetry guidance for passenger transport.

• Accessibility Navigation: Real-time spatial pathfinding, obstacle avoidance, or pedestrian walking guidance for blind or visually impaired individuals.

• Clinical Medical Systems: Autonomous robotic surgeries, medical triage, real-time life-support monitoring, or automated visual diagnostics (e.g., skin lesion auditing).

• Hazardous Automation: High-speed drone flight coordination, automated firearm/weapon targeting, or industrial machinery loops running unshielded near human workers.

(C) Acceptable Robotics & Multi-Sensor Fusion: The Service may be used to provide high-level semantic context (e.g., object classification, label indexing, inventory checking) for low-speed, non-mission-critical robotic platforms only if the integrator couples the API with local, independent, deterministic hardware sensors (such as LiDAR, Radar, or Sonar). The local hardware layer must handle all real-time distance calculations, physical obstacle mitigation, and emergency stop conditions.

(D) Wearable Form-Factors: If an integration processes image assets captured via wearable tech (e.g., smart glasses, body cameras, smartwatches), the integrator is strictly prohibited from utilizing the API for continuous public crowd scanning, unconsented biometric profiling, or automated facial recognition databases. Integrators acknowledge that the API is engineered for discrete, frame-based requests, and must restrict wearable inputs to user-initiated, trigger-based commands rather than live, continuous stream ingestion.

(E) Assumption of Risk & Non-Endorsement: Integrator acknowledges that machine learning models produce hallucinations or incorrect classifications. Categorizing a specific technical workflow within our API documentation as an "Acceptable Use Case" does not constitute an operational endorsement, validation, or safety certification by the Company. Integrator assumes 100% of all liability for field-testing, physical safety redundancies, and providing appropriate end-user warnings on their physical software or hardware devices.

GOVERNING LAW AND DISPUTES: These Terms, and any dispute or claim arising out of or related to them or your use of the Service, shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule. You and ZOEARK LLC explicitly agree that any legal action, suit, or proceeding arising under or related to these Terms shall be brought exclusively in the state or federal courts located in King County, Washington. Each party hereby irrevocably submits and consents to the exclusive personal jurisdiction and venue of such courts.

INFORMAL DISPUTE RESOLUTION: Before initiating any formal legal proceedings, you and ZOEARK LLC agree to provide written notice of the dispute to the other party. The parties shall attempt in good faith to resolve the dispute through negotiation within thirty (30) days of such notice. Compliance with this informal dispute resolution process is a strict condition precedent to filing any lawsuit. This requirement does not apply to, and either party may immediately seek emergency injunctive or other equitable relief for claims related to intellectual property infringement, security abuse, system hacks, or unauthorized API access.

CLASS ACTION AND JURY TRIAL WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZOEARK LLC AGREE TO BRING ANY CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. BOTH PARTIES HEREBY IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS.

We may update these Terms from time to time. If we make material changes, we will notify you electronically (e.g., via email or a prominent dashboard notice) at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes clear acceptance of those changes.

For any questions regarding these terms, please contact us at info@zoeark.com.

THE SERVICE, INCLUDING ALL AI-GENERATED OUTPUTS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOEARK LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THIRD-PARTY AI OUTPUT DISCLAIMER: OUR SERVICE RELIES ON THIRD-PARTY ARTIFICIAL INTELLIGENCE ENGINES (INCLUDING, BUT NOT LIMITED TO, OPENAI) TO PROCESS DATA, TEXT, AND IMAGES. WE DO NOT CONTROL, AUDIT, OR GUARANTEE THE ACCURACY, RELIABILITY, LEGALITY, SAFETY, QUALITY, OR NON-INFRINGEMENT OF THE OUTPUTS GENERATED BY THESE THIRD-PARTY ENGINES. YOU ACKNOWLEDGE AND AGREE THAT AI OUTPUTS MAY CONTAIN ERRORS, BIASES, INACCURACIES, OR COMPLETELY FABRICATED INFORMATION ("HALLUCINATIONS"). YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR INDEPENDENTLY VALIDATING ALL OUTPUTS BEFORE PRESENTING THEM TO YOUR END-USERS, INCORPORATING THEM INTO YOUR APPLICATION, OR RELYING ON THEM IN ANY WAY.

CONTENT MODERATION AND BILLING FOR BLOCKED REQUESTS: The Service relies on automated content moderation and safety filters managed by third-party providers (including, but not limited to, OpenAI). We do not control these safety thresholds. You acknowledge and agree that the API may reject input data, refuse to process certain requests, or withhold outputs if the submitted content (including but not limited to sensitive or graphical images) is flagged as sensitive, inappropriate, unsafe, or a violation of upstream safety policies.

Dropped/Filtered Request Invoicing: Because system resources, bandwidth, and API routing infrastructure are consumed to evaluate and process every request, you will be billed for any API call that is dropped, blocked, or filtered due to content moderation failures. ZOEARK LLC will not issue refunds, credits, or fee adjustments for calls rejected by third-party safety filters. You are solely responsible for pre-filtering your application's inputs to avoid unnecessary billing charges.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ZOEARK LLC and its affiliates, directors, officers, employees, and agents (collectively, the "Company Indemnitees") from and against any third-party claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or related to your application, your misuse of the Service, your violation of these Terms, or your violation of any third-party right.

ZOEARK LLC will promptly notify you of any such claim, provided that any delay in notification will not relieve you of your obligations except to the extent the delay materially prejudices your defense. ZOEARK LLC reserves the right, at your sole expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any claim without ZOEARK LLC’s prior written consent. This indemnification obligation does not apply to the extent any claim arises directly from our own gross negligence, willful misconduct, or statutory violations.

We reserve the right to immediately suspend, restrict, or permanently terminate your account, API keys, and access to the Service at any time, without prior notice or liability to you, if we reasonably believe you have violated these Terms (including the Acceptable Use and Prohibited Conduct section), engaged in abusive or fraudulent behavior, created a security risk to our infrastructure, engaged in unlawful use, or if required by our platform or vendor partners. Upon termination, your right to use the Service ceases immediately, and ZOEARK LLC is under no obligation to retain or maintain your account data.

Whether termination is initiated by us due to a breach or executed voluntarily by you via the self-service account deletion tool in your account settings, you explicitly acknowledge and agree to the following technical and financial consequences:

(I) Your portal access is removed and all generated API keys are instantly revoked.

(II) ANY UNUSED PREPAID WALLET BALANCES, CREDITS, OR GRANTS REMAINING ON YOUR ACCOUNT ARE IMMEDIATELY AND IRREVOCABLY FORFEITED, AND ZOEARK LLC IS UNDER NO OBLIGATION TO PROVIDE A REFUND OR CASH EQUIVALENT.

(III) Your account email will be permanently anonymized in our databases, though an unidentifiable cryptographic hash will be retained for system mapping.

(IV) If you choose to sign up again in the future using the same email address, you will log into an entirely fresh account instance with a zero-dollar ($0.00) balance and must provision new API keys.

Changes to these Terms: We may update these Terms from time to time. If we make material changes, we will notify you electronically (e.g., via email or a prominent dashboard notice) at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your binding acceptance of the changes.

Electronic Communications: You consent to receive legal notices, policy updates, and account notices electronically through email, dashboard announcements, or other reasonable electronic means.

Force Majeure: We are not liable for any failure or delay in performance due to causes beyond our reasonable control. This includes widespread internet backbone outages, systemic cyberattacks, acts of God, governmental actions, or third-party vendor failures and infrastructure service disruptions (including but not limited to platform outages at OpenAI, Supabase, Stripe, Fly.io, Resend, and Cloudflare).

Third-Party Services: The Service inherently relies on third-party infrastructure and upstream provider pipelines. We do not control, manipulate, or audit these external entities, and we are not responsible for their independent outages, policy modifications, local data handling practices, or sudden service terminations.

Severability, Entire Agreement, and Survival: If any provision of these Terms is found to be unenforceable or invalid, it will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms will survive. These Terms and our Privacy Policy constitute the entire agreement between you and ZOEARK LLC regarding the Service. The following sections survive any termination or expiration of these Terms or your account: Intellectual Property and Data Rights; Acceptable Use and Prohibited Conduct; Content Moderation and Billing for Blocked Requests; Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law and Disputes; High-Risk Exclusions, Robotics, and Wearables Warranty Disclaimer; and General Provisions.

Data Processing Agreement (DPA): To the extent Zoeark LLC processes any end-user personal data or image payloads on your behalf, such processing is governed by our Data Processing Agreement (DPA) located at horusengine.com/dpa, which is hereby incorporated into these Terms by reference.