Terms of Service

PomexAI — Operated by Pomex Inc.

Last Updated: June 10, 2026

These Terms of Service govern your access to and use of PomexAI's website, platform, APIs, developer tools, billing services, credits system, and related services. PomexAI is operated by Pomex Inc., a company incorporated in the United States. By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

1. Service Overview

PomexAI provides a unified API access layer for AI model inference and related developer services. The Service may route prompts, uploaded files, images, videos, audio, metadata, and other inputs to upstream model providers and return model outputs to you. The Service may also include internal, non-critical classification, analytics, reliability, routing optimization, abuse prevention, billing/account administration, customer reporting, and product planning features that transiently process Inputs to generate non-content Derived Feature Metadata without storing raw prompts, completions, Inputs, Outputs, embeddings, reversible hashes, or other content-bearing fields.

You are responsible for your use of the Service, including your Inputs, Outputs, API keys, Authorized Users, account settings, billing configuration, model selection, and compliance with all applicable laws and third-party terms. PomexAI is not the creator, owner, or editor of your Inputs or Outputs.

2. Eligibility and Account Registration

You must be at least 18 years old and able to form a binding contract to use the Service. You must provide accurate account information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials, API keys, and account access and for all activity occurring under your account.

You must promptly notify PomexAI if you suspect unauthorized access to your account or API keys. PomexAI may refuse registration, suspend access, or terminate accounts where necessary to protect the Service, users, upstream providers, or third parties.

3. Authorized Users and Account Responsibility

If you allow employees, contractors, agents, customers, or other users to access the Service through your account, API keys, workspace, organization, or applications, they are Authorized Users. You are responsible for all Authorized Users and all activity under your account, including compliance with these Terms, the Privacy Policy, and applicable laws.

You must ensure that Authorized Users do not use the Service in a way that violates these Terms, infringes third-party rights, bypasses security controls, abuses upstream providers, or creates unacceptable risk for PomexAI.

4. Fees and Payment

4.1 Billing Models & Pricing

Pricing is based on actual Service usage at the rates displayed in the Service, published on the Site, or specified in an applicable order form or written agreement. PomexAI offers two billing models depending on your account configuration: Prepaid Credits and Invoiced Billing. By using the Service, you agree to the terms applicable to your designated billing model. PomexAI reserves the right to update pricing upon thirty (30) days' advance written notice to the customer where required by law, contract, or an applicable enterprise arrangement.

4.2 Prepaid Credits and Auto-Recharge

For prepaid accounts, access to paid portions of the Service requires the purchase of prepaid credits ("Purchased Credits"). The minimum purchase amount is $5.00 USD and the maximum is $25,000.00 USD per transaction, unless otherwise stated in the Service or agreed in writing. Payments are subject to platform and processing fees, which will be calculated and clearly displayed before you complete the purchase. Purchased Credits are applied to eligible usage according to the applicable pricing and billing rules. PomexAI may set account limits, usage limits, risk controls, or payment verification requirements. If you enable Auto-Recharge, you expressly authorize PomexAI and our third-party payment processors to automatically charge your saved payment method when your available credit balance falls below your configured threshold.

4.3 Refunds, Expiration, and Cryptocurrency Terms

Refunds for unused Purchased Credits may only be requested within twenty-four (24) hours from the time the transaction was processed, unless otherwise stated in the Service or agreed in writing. If no refund request is received within this twenty-four (24) hour window, any unused Purchased Credits become strictly non-refundable.

Non-Refundable Fees: When a refund is processed, the unused credit amount will be refunded to your original payment method; however, all platform fees, payment processing fees, taxes, and other external charges are strictly non-refundable.

Cryptocurrency Payments: Payments made via cryptocurrency are strictly non-refundable under any circumstances.

Expiration: PomexAI reserves the right to expire any unused Purchased Credits three hundred sixty-five (365) days after the date they are added to your account.

4.4 Invoiced Billing and Disputed Charges

For enterprise accounts approved for postpaid billing, PomexAI will invoice the customer monthly, or at such other frequency as agreed in writing, in arrears based on actual usage. Invoices are due within thirty (30) days of the invoice date unless otherwise stated in the applicable order form or written agreement. Late payments may bear interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. If the customer disputes any charge on an invoice in good faith, the customer must notify PomexAI in writing within fifteen (15) days of the invoice date. The customer shall pay all undisputed amounts by the applicable due date.

4.5 Payment Processing, Taxes, and Invoicing

Prepaid purchases, online payments, and any payments of invoices made through online payment methods are processed through third-party payment processors, such as Stripe or Coinbase, in U.S. Dollars unless otherwise agreed in writing. You agree to be bound by the applicable terms and conditions of any third-party payment processor used to process your payment. For invoiced billing, PomexAI may issue commercial invoices directly, and payment shall be made by the payment method specified in the applicable invoice, order form, or written agreement. All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, withholding taxes, bank charges, foreign exchange costs, and governmental charges associated with use of the Service or payment of any invoice, except for taxes based on PomexAI's net income. Unless otherwise stated in an applicable invoice, order form, or written agreement, all invoices are payable in U.S. Dollars. For prepaid transactions processed through third-party payment processors, PomexAI may provide standard commercial invoices or receipts generated by such processors. PomexAI does not issue or accommodate requests for jurisdiction-specific local tax invoices unless expressly agreed in writing. You are solely responsible for managing any tax reporting, withholding, reimbursement, or local compliance requirements in your jurisdiction.

5. Inputs, Outputs, Data, and Model Providers

5.1 Data Handling; Billing and Derived Feature Metadata Only

As between you and PomexAI, you retain all rights in and responsibility for your Inputs and, to the extent permitted by applicable law and upstream provider terms, your Outputs. PomexAI does not use your Inputs or Outputs to train, fine-tune, or improve AI or machine learning models.

PomexAI may process Inputs, Outputs, and related data to provide, secure, bill for, troubleshoot, monitor, enforce, and improve the Service; comply with legal, supplier, contractual, and audit obligations; investigate misuse; and support customer reporting. PomexAI may retain billing, usage, security, compliance, generation, routing, and Derived Feature Metadata as described in the Privacy Policy.

Derived Feature Metadata means lightweight, non-content structured attributes generated through transient classifier processing, including task category, task category source, language, prompt length bucket, selected feature flags such as has_code_block, has_math, and has_url, turn number, categorizer version, and customer-provided labels or headers such as X-Task-Category or X-Tenant-Tag. Derived Feature Metadata does not include raw prompts, completions, Inputs, Outputs, uploaded files, embeddings, reversible hashes, or other content-bearing fields.

5.2 Derived Feature Metadata and Input Categorization

PomexAI may operate internal classifiers or similar systems that process Inputs transiently in volatile memory to generate Derived Feature Metadata for internal analytics, reliability monitoring, routing optimization, abuse prevention, billing/account administration, customer reporting, and product planning. Classifier processing is non-critical, may be sampled, and may be skipped, delayed, silently dropped, or rate limited under load, queue pressure, internal error, or other operational conditions. The primary request-response flow has priority over classifier processing.

PomexAI will not store raw Inputs, Outputs, prompt text, completion text, uploaded files, embeddings, reversible hashes, or other content-bearing fields solely for classifier processing, and will not use Derived Feature Metadata to train, fine-tune, or improve AI or machine learning models. This Section does not limit PomexAI's rights to retain or disclose information when otherwise permitted under these Terms, the Privacy Policy, applicable law, supplier requirements, audits, security obligations, abuse prevention, enforcement, or suspected violation investigations.

If you provide custom labels, request headers, tags, tenant identifiers, task categories, or similar metadata, including X-Task-Category or X-Tenant-Tag, you are responsible for ensuring that those values are accurate, lawful, and do not contain personal data, sensitive data, confidential information, regulated data, raw prompts, source content, or information that you are not authorized to provide. Customer-provided labels may take priority over classifier outputs for reporting or categorization purposes.

5.3 Upstream Provider Processing

The Service may route your Inputs to upstream model providers selected by you, selected by your configuration, or selected by PomexAI based on routing, availability, pricing, or operational criteria. Upstream providers may process, retain, or use Inputs and Outputs according to their own terms and privacy policies. PomexAI is not responsible for upstream providers' independent processing except as required by applicable law or a written agreement.

5.4 Content Responsibility

You are solely responsible for your Inputs, Outputs, applications, end users, workflows, and use cases. You represent and warrant that you have all rights, licenses, consents, notices, and permissions necessary to submit Inputs to the Service and to use Outputs. You must not submit content that violates law, infringes rights, contains unauthorized personal or sensitive data, violates provider rules, or creates unacceptable risk.

5.5 No Ownership Transfer

Except for the rights needed to provide and operate the Service, these Terms do not transfer ownership of your Inputs or Outputs to PomexAI. You grant PomexAI the limited rights necessary to process, transmit, display, store where permitted, reproduce where necessary, disclose where permitted, and otherwise handle Inputs, Outputs, and related data to provide and operate the Service and enforce these Terms.

5.6 Usage Data and Aggregated Information

PomexAI may collect, use, and disclose aggregated, de-identified, or pseudonymized information and usage data, including Derived Feature Metadata, for analytics, reliability, routing optimization, abuse prevention, billing/account administration, customer reporting, product planning, and service improvement, provided such information does not identify you or your end users except as permitted by law, contract, or the Privacy Policy.

6. Acceptable Use

You may not use the Service to violate applicable laws, infringe third-party rights, generate or distribute illegal, harmful, abusive, deceptive, or infringing content, bypass security or access controls, reverse engineer or interfere with the Service, abuse upstream providers, exceed usage limits, resell access except as permitted by written agreement, or submit content or metadata that you are not authorized to provide.

You must comply with all applicable laws and third-party terms, including upstream provider policies, privacy laws, export control and sanctions laws, intellectual property laws, publicity and likeness rights, biometric privacy laws, consumer protection laws, and industry-specific regulations.

7. Prohibited Conduct

You must not use the Service for unlawful surveillance, biometric identification without required rights and consents, unauthorized scraping, credential theft, malware, phishing, spam, harassment, exploitation, child sexual abuse material, violent extremism, weapons development, evasion of safety controls, or any other activity that PomexAI reasonably determines creates legal, security, operational, reputational, supplier, or safety risk.

You must not submit, upload, transmit, or label content or metadata in a misleading way, including by placing personal data, sensitive data, confidential information, raw prompts, source content, or regulated data into customer-provided labels, tags, tenant identifiers, or task-category headers that are intended for lightweight routing, billing, reporting, or categorization.

8. Suspension and Termination

PomexAI may suspend, restrict, or terminate your access to the Service, accounts, projects, API keys, features, or capabilities if we reasonably believe that you violated these Terms, created risk to the Service or upstream providers, failed to pay amounts due, triggered fraud or abuse controls, violated law, or exposed PomexAI, users, providers, or third parties to unacceptable risk.

You may stop using the Service at any time. Termination does not relieve you of payment obligations or liabilities incurred before termination.

9. Beta Features and Changes to the Service

PomexAI may offer beta, preview, experimental, limited-availability, or trial features. These features may be modified, suspended, discontinued, or made generally available at any time. PomexAI may change, update, suspend, or discontinue parts of the Service, including models, routes, pricing, limits, features, and integrations.

10. Changes to These Terms

PomexAI may update these Terms from time to time. If we make material changes, we will provide notice as required by law or contract, including by posting the updated Terms and updating the Last Updated date. Your continued use of the Service after the effective date of the revised Terms means that you accept the revised Terms.

11. Intellectual Property

PomexAI and its licensors retain all rights, title, and interest in and to the Service, software, APIs, documentation, platform, design, trademarks, service marks, and related intellectual property. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the Service except as expressly permitted by these Terms or a written agreement.

Subject to your compliance with these Terms, PomexAI grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your internal business or permitted application purposes.

12. Confidentiality

If either party receives non-public information from the other party that is marked confidential or reasonably should be understood as confidential, the receiving party must use reasonable care to protect it and may use it only for purposes of performing under these Terms. Confidentiality obligations do not apply to information that is public, already known, independently developed, or lawfully received from a third party without confidentiality obligations.

13. Disclaimers About AI Outputs

AI Outputs may be inaccurate, incomplete, offensive, biased, unsafe, infringing, or unsuitable for your use case. You are responsible for evaluating Outputs before using or relying on them. PomexAI does not guarantee that Outputs will be accurate, lawful, safe, unique, non-infringing, or fit for a particular purpose.

You are responsible for implementing appropriate human review, safety controls, content moderation, legal review, disclosure, consent, and compliance measures for your applications, end users, and use cases.

14. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POMEXAI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, AND ERROR-FREE OPERATION.

PomexAI does not guarantee that the Service, upstream models, routes, internal classifiers, Derived Feature Metadata, analytics, reporting, or any non-critical operational feature will be uninterrupted, timely, secure, accurate, complete, or error-free. Internal classifier tasks may be sampled, skipped, delayed, silently dropped, or rate limited under load, queue pressure, internal error, or other operational conditions and are not part of the guaranteed real-time request-response path.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POMEXAI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POMEXAI'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO POMEXAI FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.

16. Indemnification

You will defend, indemnify, and hold harmless PomexAI, its affiliates, officers, directors, employees, contractors, service providers, upstream providers, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your Inputs, Outputs, applications, end users, use of the Service, violation of these Terms, violation of law, infringement or misappropriation of third-party rights, or breach of your representations and obligations.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The parties will attempt in good faith to resolve disputes informally before initiating formal proceedings. Unless otherwise required by law or agreed in writing, disputes will be resolved in the state or federal courts located in Delaware, and each party consents to the jurisdiction and venue of those courts.

18. Contact Information

If you have questions about these Terms, please contact us:

Pomex Inc.

16192 Coastal Highway

Lewes, Delaware 19958

United States

Email: contact@pomex.ai