Terms of Service for Nuenki Platform

Last Updated: 2025-07-04

1. Introduction and Agreement

This agreement (the "Agreement") governs your use of the Nuenki Platform website, its application programming interfaces (the "API"), and any associated services (collectively, the "Service"). The Service is offered by Nuenki ("Nuenki", "we", "us", or "our"), an individual operating as a sole trader in the United Kingdom.

By creating an account, accessing the website, or using the API, you ("User", "you", "your") are agreeing to be bound by these Terms of Service. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to this Agreement.

We reserve the right to update and change these Terms of Service at any time. We will provide notice of significant changes by posting the new terms on this site, and may also notify you via email. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://platform.nuenki.app/tos.

2. Account Terms

  1. You must be at least 18 years of age to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted, except for the use of the API as intended by this Agreement.
  3. You must register for an account using a valid identity provider (e.g., Google or GitHub) and maintain the accuracy of your information.
  4. You will be issued one or more unique API keys for accessing the Service. You are solely responsible for maintaining the security of your API keys. You are responsible for all API requests and all activity that occurs under your account, whether authorized by you or not. Nuenki cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You agree to notify us immediately of any unauthorized use of your account or API keys.

3. Billing, Credits, and Payments

  1. The Service operates on a prepaid credit system. Upon sign-up, you may receive a number of free promotional credits. To continue using the service beyond these credits, you must purchase additional credits. Your usage of the Service will consume these credits based on our pricing schedule.
  2. Service usage is metered based on a combination of a per-request fee and the number of characters processed. The character count used for billing will be the greater of the input text or the resulting output translation. Full details are available on our pricing schedule, available on the Nuenki Platform website.
  3. We will attempt to verify if you have a sufficient credit balance to cover the cost of a request based on your input. However, a request may consume more credits than your available balance, resulting in a negative balance. A negative credit balance will result in the immediate suspension of your API access until you purchase sufficient credits to restore a positive balance.
  4. Failed Requests: In the event that your API request is successfully accepted by our Service but fails due to an error from an upstream provider, we reserve the right to charge a partial fee of up to 50% of the request's estimated cost. No fee will be charged for requests that fail due to an error in your request format or an internal error within the Nuenki Platform.
  5. Auto Top-up: If you enable the auto top-up feature, you authorize us to automatically charge your stored payment method for a specified amount of credits whenever your balance falls below a threshold you define. It is your responsibility to ensure your payment method is valid.
  6. Refunds: All payments are final and non-refundable. We do not provide refunds or credits for used credits, partially used credits, or for any remaining credits if you cancel your account. While we may, at our sole discretion, choose to offer a refund in exceptional circumstances, this does not set a precedent for future cases and we are under no obligation to do so.
  7. Free Credits: We may offer free promotional credits (e.g., $10 USD worth) upon account creation. The intention is to provide one such credit grant per person. While you may have legitimate reasons to create more than one account, creating multiple accounts for the primary purpose of obtaining additional free credits is considered abuse of the system. These credits have no monetary value and cannot be redeemed for cash. We reserve the right to revoke free credits and/or terminate accounts if we suspect abuse of this system.
  8. All prices are exclusive of any applicable taxes, such as VAT, which you are responsible for paying.

4. Data Processing and Content Ownership

  1. Your Content: Any text, data, or information that you send to the Service via the API or website is considered "Your Content".
  2. Ownership: You retain all ownership, rights, and intellectual property in Your Content. We do not claim any ownership over it.
  3. Our License to Your Content: You grant Nuenki a limited, worldwide, royalty-free license to use, process, and transmit Your Content solely for the purpose of providing the Service to you. Our data handling is strictly limited as follows:
    • We process Your Content in-memory only for the duration of your API request and discard it immediately after.
    • We do not store or log the substance of Your Content.
    • We do not use Your Content to train or improve any AI or machine learning models.
  4. Upstream Providers: You acknowledge that Nuenki relies on third-party infrastructure providers ("Upstream Providers") to deliver the Service. We contractually require these providers not to use Your Content for training their models. You acknowledge that these Upstream Providers may retain Your Content for a period of up to 60 days. This retention period may be extended if Your Content is flagged for investigation or as required to comply with binding legal obligations.
  5. Disclaimer regarding Upstream Providers: Nuenki is not responsible for any breach of data handling commitments or security failures on the part of these Upstream Providers. Our liability is limited as described in Section 11 of this Agreement.
  6. Prohibited Data: You are strictly prohibited from sending, and you agree not to send, any data to the Service that constitutes:
    • (a) "Special Categories of Personal Data" as defined under the UK GDPR (e.g., data revealing racial or ethnic origin, political opinions, religious beliefs, health data, or data concerning a person's sex life or sexual orientation).
    • (b) "Protected Health Information" (PHI). You acknowledge the Service is not HIPAA-compliant and Nuenki is not a "Business Associate" as defined under the U.S. Health Insurance Portability and Accountability Act (HIPAA).
    • (c) Any other information that is subject to heightened legal or regulatory protection in any relevant jurisdiction, such as data regulated by the Federal Information Security Management Act (FISMA).
  7. Data Subject Requests: If you receive a data subject request (e.g., a "right to erasure" under GDPR) related to Your Content that has been processed by our Service, you can contact us at [email protected]. We will make a commercially reasonable effort to facilitate the deletion of the relevant data from our Upstream Providers. Based on our providers' policies, this process is expected to be completed within 60 days. You acknowledge that this is a "best effort" process and not a guarantee.

5. Acceptable Use Policy (AUP)

Your use of the Service is subject to this Acceptable Use Policy. We reserve the sole discretion to determine whether a use of the Service constitutes a violation of this AUP. We may take action in response to violations, including suspending or terminating your account. This policy is not exhaustive, and we reserve the right to prohibit uses we deem harmful or inappropriate.

5.1 Illegal, Dangerous, and Hateful Activity

You may not use the Service for or to generate content related to:

  • Illegal Acts: Any activity that violates any applicable local, national, or international law or regulation.
  • Child Safety: The generation or promotion of Child Sexual Abuse Material (CSAM) or any content that exploits or abuses children. We maintain a zero-tolerance policy for CSAM and will report it to the relevant authorities.
  • Hate Speech and Harassment: Content that is harassing, threatening, defamatory, or that promotes violence or hatred against individuals or groups based on race, ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, or any other characteristic associated with systemic discrimination.
  • Violence and Self-Harm: Glorifying, promoting, or facilitating violence, terrorism, self-harm, suicide, or eating disorders.
  • Weapons and Dangerous Goods: The development, creation, or promotion of weapons, explosives, or other illegal or highly regulated goods.

5.2 Privacy, Security, and Deception

You may not use the Service for activities that compromise privacy or security, including:

  • Unauthorized Surveillance: Using the Service for surveillance, including the unauthorized monitoring of individuals, or for biometric identification or facial recognition purposes without explicit consent.
  • Security Violations: Any attempt to probe, scan, or test the vulnerability of the Service, or to breach or circumvent any security measures without our explicit prior written permission.
  • Malware and Spam: Distributing malware, viruses, spyware, or sending unsolicited bulk messages (spam).
  • Impersonation and Fraud: Impersonating another person or entity without consent or engaging in fraudulent activities, scams, or phishing.
  • Academic Dishonesty: Generating content intended to be submitted as a student's own work.

5.3 High-Risk AI Use Cases

You acknowledge that the Service is not designed or certified for high-risk use cases. You are prohibited from using the Service for the following purposes without, at a minimum, implementing rigorous human oversight and providing clear disclaimers to end-users:

  • Professional Advice: Providing tailored legal, financial, or medical/health advice. Any output is for informational purposes only and is not a substitute for advice from a qualified professional.
  • High-Stakes Automated Decisions: Making automated decisions in domains that have a legal or significant personal impact. This includes, but is not limited to, law enforcement, criminal justice, migration, credit, insurance, employment, or housing.
  • Military and Warfare: Any use directly related to military, warfare, or surveillance applications.

5.4 Platform Integrity

You may not perform any action that threatens the integrity of the Nuenki Platform or our upstream providers:

  • No Competing Services: You may not use the Service or its output to, directly or indirectly, develop, train, or improve a similar or competing product or service.
  • No Reverse Engineering: You may not reverse engineer, decompile, or otherwise attempt to discover the source code, underlying models, or proprietary techniques of the Service.
  • Account Abuse: Creating multiple accounts to circumvent free credit limits or other policies is strictly prohibited.
  • Reselling: You may not resell or sublicense access to the API or your API keys without our express written permission.

5.5 Responsible Use of AI

The output from our Service is generated by AI and may not be unique, accurate, or free from bias. You are solely responsible for reviewing, editing, and validating any output for your use case. You agree not to use the Service in a way that would violate established principles of responsible AI, including using it to make high-stakes automated decisions that have legal or significant personal impact without human oversight. When using the Service to power an automated system (e.g., a chatbot), you must clearly disclose to end-users that they are interacting with an AI system, unless it is already obvious from the context.

6. Indemnification

You agree to indemnify, defend, and hold harmless Nuenki, its affiliates, and its successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Service. This includes, but is not limited to, any claims arising from: (a) Your Content; (b) your violation of this Agreement, including the Acceptable Use Policy; or (c) your violation of any applicable laws or the rights of any third party, including the submission of Prohibited Data to the Service.

7. Cancellation and Termination

  1. You are solely responsible for properly cancelling your account, which you can do from your account settings page on the Nuenki Platform website. An email request to cancel your account is not considered cancellation.
  2. Upon cancellation, your account and API keys will be deactivated, and any remaining credits in your account will be forfeited and are non-refundable.
  3. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service, at our sole discretion, for any reason at any time.
  4. In the case of a suspected violation of our Acceptable Use Policy, we will make a reasonable effort to notify you and provide you with an opportunity to remedy the issue. However, we reserve the right to suspend or disable access to Your Content or your account without prior notice if the content is illegal, may disrupt or threaten the Service, or if required by law.
  5. In the event of termination by us due to your breach of these Terms, you will not be entitled to a refund of any credits.

8. Service Availability and Modifications

  1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We do not offer any service level agreements (SLAs) or warrant that the service will be uninterrupted, timely, secure, or error-free.
  2. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  3. In the event of a permanent discontinuance of the Service, we will make a commercially reasonable effort to provide notice and to refund the monetary value of your unused, paid-for credits. Free or promotional credits are not eligible for a refund.
  4. Prices for the Service are subject to change upon 30 days notice from us. Such notice may be provided by posting the changes to the Nuenki Platform site or by email.
  5. Nuenki shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

9. Intellectual Property

  1. We own and retain all rights, title, and interest in and to the Service, including all underlying software, API, documentation, trade secrets, techniques, internal workings, and our trademarks, logos, and branding ("Our IP").
  2. We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the API and Service as described in this Agreement. You may not reverse engineer, decompile, or otherwise attempt to discover the source code or proprietary methods of the Service.

10. Disclaimers of Warranty

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) AS TO THE ACCURACY, RELIABILITY, OR QUALITY OF ANY TRANSLATIONS OR OTHER DATA PROVIDED BY THE SERVICE.

11. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NUENKI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED POUNDS STERLING (£100).

12. General Conditions

  1. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You agree that any legal action or proceeding shall be brought exclusively in the courts located in London, England, and you hereby consent to the personal jurisdiction of such courts.
  2. Assignment: You may not assign this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement, in whole or in part, to any third party or to a successor entity (such as in a merger, acquisition, or sale of assets) without your consent. This Agreement will be binding upon and inure to the benefit of our successors and assigns.
  3. Compliance with Laws and Export Controls: You agree to use the Service in compliance with all applicable laws, including UK and US export control and sanctions laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed country or a sanctioned person.
  4. Entire Agreement: This Agreement constitutes the entire agreement between you and Nuenki and governs your use of the Service, superseding any prior agreements.
  5. Severability: If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed, and the remainder of the Agreement shall continue to be valid and enforceable.
  6. Waiver: The failure of Nuenki to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  7. Support: Technical support is provided via email to [email protected] on a best-effort basis. We reserve the right to prioritize support requests from paying users.
  8. Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which can be found at https://platform.nuenki.app/privacypolicy. Our Privacy Policy details how we handle your personal data and our use of anonymized usage metrics to improve the service.