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Terms of Service

This Agreement ("Agreement") represents the Terms of Service and Sale regarding our website provenyx.ai ("Website"), and the Provenyx AI Content Governance Control Plane ("Service"). The terms "we," "us," and "our" refer to TopTechPhoto inc. (the "Company"). Provenyx is product of Toptechphoto inc.

We may amend this Agreement at any time by posting the amended terms on our Website. You explicitly agree to be bound by our Legal Terms each time you access our Service.

1. Service Overview and Purpose

Provenyx is a model-agnostic governance layer designed to:

  • Curate "Approved for AI" assets via Human-Curated AI Kits.
  • Enforce Rule-based access policies across third-party models and agents.
  • Generate Provenance Receipts and audit-grade traceability for AI usage.

The Service acts as a System of Record for AI governance but does not replace the Customer's existing storage (e.g., S3, Google Drive, DAM).

2. Limited License

Toptechphoto grants you a non-exclusive, non-transferable, revocable license to access and use Provenyx in strict accordance with these terms for internal business governance and compliance purposes.

3. Shared Responsibility & "Bulletproof" Configuration

To ensure the integrity of AI governance, the Customer acknowledges the following Shared Responsibility Model:

Configuration Liability: The Customer is solely responsible for the creation, management, and naming of AI Kits and Policy Rules. Toptechphoto is not liable for "uncontrolled exposure" or data leaks resulting from Customer's failure to properly configure access permissions or mislabeling assets as "Approved".

Human-in-the-Loop: Provenyx provides an Approval Workflow (Draft → Review → Approved). The Customer is responsible for the actual human review of content. Toptechphoto does not verify the accuracy, brand compliance, or legal status of assets stored or governed by the Customer.

BYOS (Bring Your Own Storage) Security: Provenyx connects to Customer-managed storage (S3, Drive, PIM, etc.). Toptechphoto is not responsible for security breaches, data loss, or unauthorized access occurring within the Customer's third-party storage environments.

4. Provenance Receipts and Compliance Disclaimer

Technical Records: Provenance Receipts and Audit Exports are technical logs of system activity.

No Legal Guarantee: While Provenyx is designed to assist with requirements under the EU AI Act, California SB 942, and other 2026 regulations, Toptechphoto does not warrant that the use of Provenyx guarantees legal compliance.

Regulatory Responsibility: The Customer remains the "Operator" or "Provider" of their AI systems under applicable law and is solely responsible for meeting their regulatory obligations.

5. Prohibited Conduct and Abuse Prevention

Users may not use the Service for any activity that is unlawful, abusive, or harmful. This includes, without limitation:

AI Misuse: Using Provenyx to govern or facilitate the generation of prohibited AI content (e.g., social scoring, real-time biometric surveillance) as defined by the EU AI Act.

Child Safety: The Service may not be used for any activity involving the sexual exploitation or abuse of children. This prohibition applies to all content, whether real, simulated, or AI-generated.

Bypassing Controls: Any attempt to evade policy enforcement or manipulate provenance receipts is a material breach.

6. Payments and Refunds

Fees: Paid accounts agree to monthly/annual fees charged in advance.

Billing for Agents: For the purposes of this Agreement, an "AI Agent" or "Model" consuming the Provenyx API may be counted as a "User" or "Seat" depending on your specific subscription plan.

Suspension: If an invoice remains unpaid for thirty (30) days, we may suspend the Control Plane. During suspension, AI agents may be blocked from retrieving "Approved" assets, which may result in AI tool downtime. Toptechphoto is not liable for such downtime.

Refunds: Standard refunds are available within fifteen (15) days of purchase (excluding discounted plans).

7. No Warranties and Exclusion of Liability

PROVENYX IS PROVIDED "AS IS" AND "AS AVAILABLE." Toptechphoto specifically disclaims all warranties, including fitness for a particular purpose and non-infringement.

Output Liability: Toptechphoto is a governance layer; we have no control over the final output generated by third-party LLMs (Claude, GPT, Gemini, etc.). We are not liable for AI hallucinations, context drift, or "off-brand" claims made by models using assets governed by Provenyx.

Cap on Liability: In no event shall Toptechphoto's liability exceed the amount paid by the Customer in the twelve (12) months preceding the claim.

8. Indemnification

You agree to defend and indemnify Toptechphoto against any claims arising from:

  • Your breach of these terms.
  • Errors in your configuration of AI Kits or access policies.
  • Any regulatory fines or legal actions resulting from the AI outputs produced by your agents/models.