Public Offer Agreement

Service Provider / Controller

• Iurii Nazarov
• CNP: 7791004400108
• Address: Aleea Lipanesti 1, app. 14, 077160, Bucharest, Romania
• General and legal email: office@mixora.ai
• Support email: support@mixora.ai

1. General Provisions

1.1. This Public Offer Agreement (the "Offer") is a legally binding public offer made by the Service Provider to any individual or legal entity (the "Customer") to access and use the Mixora.AI platform under the terms set out in this Offer.

1.2. By registering an account, topping up a balance, purchasing credits, clicking acceptance buttons, or otherwise using the Service, the Customer fully and unconditionally accepts this Offer. Such acceptance has the same legal effect as signing a written agreement.

1.3. This Offer applies to all use of the Mixora.AI website, interface, APIs, and related services made available by the Service Provider.

1.4. This Offer should be read together with the Terms of Service, Refund Policy, Privacy Policy, Acceptable Use Policy, AI Disclaimer, and Data Processing Agreement.

2. Definitions

• 2.1. "Service" means the Mixora.AI platform, website, interface, tools, and related services that provide access to third-party and integrated AI functionality.
• 2.2. "Customer" means any individual or legal entity that accepts this Offer and uses the Service.
• 2.3. "Credits" means internal accounting units used within the Service to access AI generations, model calls, and related platform functionality.
• 2.4. "Generated Content" means any text, image, video, audio, code, or other output produced through the Service.
• 2.5. "Provider Terms" means the terms, policies, restrictions, and usage rules of third-party AI providers, payment processors, hosting providers, and other subprocessors connected to the Service.

3. Subject of the Agreement

3.1. Under this Offer, the Service Provider grants the Customer a limited, revocable, non-exclusive, non-transferable right to access and use the Service, and the Customer agrees to pay for purchased Credits and to comply with all applicable rules, policies, and laws.

3.2. The Service may provide access to AI models and tools for text generation, image generation, video generation, audio generation, analysis, and other related digital functionality.

3.3. All services are provided remotely through the Mixora.AI interface, infrastructure, and integrations.

3.4. The Service Provider may modify, expand, suspend, replace, or discontinue any feature, model, provider integration, or functionality at any time.

4. Acceptance of the Offer

4.1. Acceptance of this Offer occurs upon the earliest of the following: account registration, payment, balance top-up, purchase of Credits, or any actual use of the Service.

4.2. Acceptance confirms that the Customer has carefully read and understood the terms of this Offer and all incorporated policies.

4.3. If the Customer does not agree with any part of this Offer or any incorporated document, the Customer must immediately stop using the Service.

5. Registration, Eligibility, and Account Security

5.1. The Customer must be at least 18 years old and have legal capacity to enter into binding agreements.

5.2. The Customer agrees to provide accurate, current, and complete registration and billing information and to update it where necessary.

5.3. The Customer is solely responsible for maintaining the confidentiality of account credentials and for all activity that occurs under the account.

5.4. The Customer must not create fake accounts, transfer account access, share credentials, or bypass technical restrictions.

6. Payments, Credits, and Billing

6.1. The Service operates primarily on a pay-as-you-go basis using Credits, unless the Service Provider introduces other pricing models.

6.2. Credits are not legal tender, not electronic money, not a security, and not a deposit. Credits are internal usage units only.

6.3. Prices, billing mechanics, conversion rates, and available packages may be changed by the Service Provider at any time.

6.4. Payments may be processed through bank cards, payment processors, or other supported methods.

6.5. Except where mandatory law requires otherwise, all payments are final and non-refundable except as expressly stated in the Refund Policy.

6.6. The Customer is responsible for any taxes, bank fees, currency conversion fees, or similar charges associated with payments.

7. Use of Credits

• 7.1. Credits are deducted when the Customer uses AI generation, routing, processing, storage, or other paid functionality of the Service.
• 7.2. Credits are non-transferable, non-exchangeable, and cannot be redeemed for cash.
• 7.3. Credits do not create any ownership interest in the Service or in any third-party provider systems.
• 7.4. Unless otherwise announced by the Service Provider, Credits remain associated with the Customer's active account only.

8. Permitted Use and Restrictions

8.1. The Customer must use the Service lawfully, responsibly, and in compliance with all applicable legislation, this Offer, the Terms of Service, and the Acceptable Use Policy.

8.2. The Customer must not use the Service for illegal activity, fraud, violence, terrorism, abusive automation, malware, hacking, scraping, rights violations, non-consensual deepfakes, prohibited voice cloning, content involving minors, or any other prohibited activity.

8.3. The Customer must not reverse engineer the Service, bypass usage limits, interfere with security measures, overload the platform, or misuse third-party integrations.

9. AI-Specific Acknowledgments

9.1. The Customer understands that Mixora.AI uses automated systems and third-party AI providers to process requests and generate outputs.

9.2. Generated Content may be inaccurate, incomplete, biased, infringing, offensive, unavailable, or unsuitable for the Customer's intended purpose.

9.3. The Customer must independently review, verify, and evaluate all AI-generated outputs before relying on them in any legal, financial, medical, commercial, or personal context.

9.4. The Service Provider does not provide legal advice, medical advice, financial advice, or professional certification through the Service.

10. Intellectual Property

10.1. As between the Service Provider and the Customer, the Customer retains rights, if any, in prompts and Generated Content to the extent such rights are recognized by applicable law and not limited by third-party provider terms.

10.2. All rights in the platform itself, including software, workflows, interface design, architecture, branding, and documentation, remain the exclusive property of the Service Provider or its licensors.

10.3. The Customer may not copy, resell, sublicense, mirror, reproduce, or create derivative works of the platform except as expressly permitted by law or by the Service Provider in writing.

10.4. The Customer grants the Service Provider and its subprocessors the limited rights necessary to host, transmit, process, store, display, and secure Customer data and requests for the operation of the Service.

11. Personal Data and Confidentiality

11.1. Personal data is processed in accordance with the Privacy Policy and, where applicable, the Data Processing Agreement.

11.2. The Customer acknowledges that data may be transferred to third-party providers, infrastructure partners, analytics systems, payment processors, and other subprocessors involved in operation of the Service.

11.3. The Service Provider implements reasonable organizational and technical measures, but cannot guarantee absolute security or uninterrupted availability.

12. Suspension, Restriction, and Termination

12.1. The Service Provider may, at its sole discretion and without prior notice, restrict, suspend, or terminate access to the Service where there is a suspected violation of law, abuse, fraud, non-payment, security risk, technical misuse, or other legitimate concern.

12.2. The Service Provider may remove content, block accounts, cancel access, or delete data to the extent permitted by applicable law.

12.3. The Customer may stop using the Service at any time, but such discontinuation does not automatically entitle the Customer to any refund.

13. Refunds

13.1. Refunds are governed exclusively by the Mixora.AI Refund Policy.

13.2. Without limiting the Refund Policy, the Customer understands that used or partially used Credits, bonus Credits, promotional balances, discounted purchases, and purchases outside the stated refund window are generally non-refundable.

14. Disclaimer of Warranties

14.1. The Service is provided on an "as is" and "as available" basis.

14.2. To the maximum extent permitted by law, the Service Provider disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and accuracy of outputs.

14.3. The Service Provider does not guarantee that the Service will be error-free, secure, always available, or compatible with any particular business model, workflow, jurisdiction, or provider requirement.

15. Limitation of Liability

15.1. To the maximum extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, data, opportunities, goodwill, or business interruption.

15.2. The Service Provider is not responsible for the conduct, failures, policies, outages, pricing changes, model behavior, or data processing of third-party providers and subprocessors.

15.3. The maximum aggregate liability of the Service Provider shall not exceed the greater of USD 100 or the total amount actually paid by the Customer to Mixora.AI during the twelve (12) months preceding the event giving rise to the claim.

16. Indemnification

16.1. The Customer agrees to defend, indemnify, and hold harmless the Service Provider, its affiliates, contractors, and subprocessors from and against any claims, losses, liabilities, fines, damages, and expenses, including reasonable legal fees, arising out of or related to the Customer's use of the Service, Generated Content, violation of law, or breach of this Offer.

17. Governing Law and Dispute Resolution

17.1. This Offer shall be governed by and construed in accordance with the laws of Romania, unless mandatory consumer law provides otherwise.

17.2. The parties shall first attempt to resolve disputes through good-faith negotiations.

17.3. If a dispute cannot be resolved amicably, it shall be submitted to the competent courts of Romania, unless mandatory law requires a different forum.

17.4. To the extent permitted by law, claims must be brought only on an individual basis and not as part of a class, collective, or representative action.

18. Force Majeure

18.1. The Service Provider shall not be liable for delay or failure to perform caused by events beyond reasonable control, including outages, infrastructure failures, cyber incidents, regulatory restrictions, war, force majeure events, labor disputes, or third-party service interruptions.

19. Amendments and Final Provisions

19.1. The Service Provider may amend this Offer at any time by publishing an updated version.

19.2. Continued use of the Service after an updated version becomes effective constitutes acceptance of the revised Offer.

19.3. If any provision of this Offer is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.4. This Offer constitutes the entire agreement between the parties concerning the subject matter covered herein, together with the documents incorporated by reference.

20. Contacts

• Support: support@mixora.ai
• Legal / General: office@mixora.ai