Terms of Service

1. Agreement to Terms

By accessing or using the Thox.ai™ edge device, website, software, and related services (collectively, the "Services") provided by Thox.ai Inc. ("Thox.ai," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

Thox.ai™ and the Thox.ai logo are trademarks of Thox.ai Inc. (trademark pending).

2. Description of Services

Thox.ai provides an edge AI device designed for software developers, along with associated software, APIs, and support services. Our device enables local AI inference for coding assistance without requiring cloud connectivity.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

5. Hardware Purchase and Warranty

5.1 Pre-Orders

Pre-orders require a refundable deposit. The remaining balance is charged when your device ships. Estimated shipping dates are subject to change. You may cancel your pre-order at any time for a full refund of your deposit.

5.2 Limited Warranty

Each Thox.ai device is covered by a 2-year limited hardware warranty. This warranty covers defects in materials and workmanship under normal use. The warranty does not cover:

• Damage from accidents, misuse, or unauthorized modifications
• Normal wear and tear
• Damage from power surges or improper electrical supply
• Cosmetic damage that does not affect functionality

5.3 Returns

We offer a 30-day return policy for unused devices in original packaging. Return shipping costs are the customer's responsibility unless the device is defective.

6. Software License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the software included with your Thox.ai device. You may not:

• Reverse engineer, decompile, or disassemble the software
• Modify or create derivative works based on the software
• Distribute, sublicense, or transfer the software to third parties
• Remove or alter any proprietary notices
• Use the software for any unlawful purpose

7. AI Model Usage

The AI models included with your device are provided for coding assistance purposes. You understand that:

• AI outputs may not always be accurate or appropriate
• You are responsible for reviewing and validating all AI-generated code
• The AI should not be used for critical systems without human oversight
• We do not guarantee the AI will meet your specific requirements

8. Acceptable Use

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Generate malicious code, malware, or harmful content
• Attempt to bypass security measures or access controls
• Interfere with or disrupt our Services or infrastructure
• Engage in any activity that could harm minors

9. Intellectual Property

All intellectual property rights in our Services, including software, hardware designs, documentation, and trademarks, remain our property or our licensors. These Terms do not grant you any rights to our intellectual property except the limited license described above.

You retain all rights to your code and content. We do not claim ownership of any code you create using our device.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THOX.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE DEVICE OR SERVICE GIVING RISE TO THE CLAIM.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Indemnification

You agree to indemnify and hold harmless Thox.ai, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our Services or violation of these Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in Austin, Texas, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

15. Termination

We may terminate or suspend your access to our Services at any time for any reason, including violation of these Terms. Upon termination, your right to use our Services will immediately cease, but provisions that by their nature should survive termination will remain in effect.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.