Effective Date: January 4, 2026 Thank you for choosing API Free. This API Free Service Agreement (“Agreement”) is an agreement between SKYWORK AI PTE. LTD. (“API Free”, “We” or all its grammatical variations), and you (“Customer”, “You” or all its grammatical variations) that governs your use of our Services (as defined below). Before accepting this Agreement, please read this Agreement in its entirety (especially the content in bold). If you do not agree with any of the contents of this Agreement or cannot accurately understand our interpretation of the terms and conditions, please do not proceed with subsequent operations. This Agreement also refer to and incorporate the API Free Terms of Service, Privacy Policy, and any other guidelines or policies we may provide in writing (the “API Free Policies”) and any ordering document signed by you and API Free or API Free webpage that you use to purchase the Services (an “Order Form”) (collectively, the “Agreement”). BY ACCEPTING THE ORDER FORM, ACTUALLY USING OUR SERVICES OR TAKING ANY OTHER INITIATIVES, YOU ARE DEEMED TO HAVE AGREED TO ALL THE TERMS OF THIS AGREEMENT AND AGREED TO ABIDE BY THE TERMS AND CONDITIONS HEREIN. PLEASE NOTE THAT WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT FROM TIME TO TIME AT OUR SOLE DISCRETION. WE KINDLY REQUEST THAT YOU PERIODICALLY REVIEW THIS AGREEMENT FOR ANY UPDATED TERMS; BY CONTINUING TO USE THE API SERVICE, YOU AGREE TO THIS AGREEMENT AND ANY UPDATES THERETO.
1. Services
1.1 Service Selection
You may select and purchase Services based on your needs. Please carefully review the specific rules related to the chosen Services before you proceed with the purchase or payment. Your purchase or payment shall be deemed as your agreement to the specific rules including restrictions and limitations thereof.1.2 Use of Services
We grant you a non-exclusive right to access and use the Services exclusively for your own websites, applications, products, or services (each a “Customer Application”) during the Term (as defined below). This includes the right to use API Free’s application programming interfaces (“APIs”) to integrate the Services into your Customer Application and to make Customer Applications available to End Users (as defined below). For the purpose of this Agreement, “Services” means any services for businesses and developers we make available through APIs for purchase or use, along with any of our associated software, tools, developer services, documentation, and websites.1.3 Limitations
You understand and agree that we may impose limitations on your use of the Services, including the methods, scope, term, and functions, based on the type, characteristics, and specifications of the Services you ordered. You shall thoroughly review our specific terms and related documentation concerning the ordered Services, and agree to comply with such limitations or restrictions. Furthermore, you agree that if your usage of the Services exceeds the purchased specifications or prepayment amount, we reserve the right, based on reasonable commercial judgement, to restrict or suspend the provision of relevant Services to you. We may limit your API calls if we determine in our reasonable judgment the number of API calls is excessive or constitutes abusive usage or otherwise interferes or impairs the proper functioning of the Services.1.4 Account Responsibilities
You must register an account for use of the Services, subject to the eligibility requirements of the Services, and provide accurate and up-to-date account information as required. You are responsible for all activities that occur under your account, including the activities of any end user (each, an “End User”) who is provisioned with an account under your account (an “End User Account”) or accesses the Services through your Customer Application. You may not make account access credentials available to third parties, share individual login credentials between multiple users on an account, or resell or lease access to your account or any End User Account. You will promptly notify us if you become aware of any unauthorized access to or use of your account or our Services.2. Restrictions
We own all right, title, and interest in and to the Services. You only receive rights to use the Services as explicitly granted in this Agreement. You will not, and will not permit End Users to:- use the Services or Customer Content (as defined below) in a manner that violates any applicable laws or the Agreement
- compromise or attempt to compromise the security of the Services, including disrupting the Services, interfering with others use of the Services, compromising the network, servers, systems used to provide the Services
- use the Services or Customer Content in a manner that infringes, misappropriates, or otherwise violates any third party’s rights
- send us any personal information of children under 13 or the applicable age of digital consent or allow minors to use our Services without consent from their parent or guardian, or if you use the Services in USA, any content subject to the International Traffic in Arms Regulations, or the Health Insurance Portability and Accountability Act of 1996 and their subsidiary regulations
- reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Services, algorithms, and systems of the Services (except to the extent these restrictions are contrary to applicable law)
- use the Services or any output from the Services for model retraining or development, including through methods such as model distillation, transfer learning, or any other technical means, to train, develop, optimize, or create any other machine learning models, or use substantial outputs generated by the Services to train or develop any model that is competitive with the Services
- use any method to extract data from the Services other than as permitted through the APIs
- buy, sell, or transfer API keys from, to or with a third party
- engage in fraud, false or misleading conduct, or infringing upon the intellectual property rights and any other lawful rights of others
3. Intellectual Property
3.1 Ownership
Each party retains all rights to its respective trademarks, copyrights, and other intellectual property or industrial rights. Ownership of these rights will not transfer to the other party or become jointly owned as a result of entering into or performing this Agreement. All intellectual property rights associated with the Service belong to us and our licensors. We do not grant you any licenses or rights (whether implied or otherwise) to its intellectual property, except otherwise specified in the Agreement.3.2 Customer Content
You and End Users may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). We call Input and Output together “Customer Content.” As between you and API Free, and to the extent permitted by applicable law, you (a) retain all ownership rights in Input and (b) own all Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.3.3 Our Obligations for Customer Content
We will process and store Customer Content in accordance with our API Free Privacy Policy. We will only use Customer Content as necessary to provide you with the Services, comply with applicable law, and enforce API Free Policies. We will not use Customer Content to develop or improve the Services.3.4 Your Obligations for Customer Content
You represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Services, and are responsible for all Input. You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate.3.5 Similarity of Output
You acknowledge that due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar content from our services. Responses that are requested by and generated for other users are not considered your Output. Our assignment of Output above does not extend to other users’ output.4. Confidentiality
4.1 Use and Nondisclosure
“Confidential Information” means any business, technical or financial information, materials, or other subject matter disclosed by one party (“Discloser”) to the other party (“Recipient”) that is identified as confidential at the time of disclosure or should be reasonably understood by Recipient to be confidential under the circumstances. For the avoidance of doubt, Confidential Information includes Customer Content. Recipient agrees it will:- only use Discloser’s Confidential Information to exercise its rights and fulfill its obligations under this Agreement
- take reasonable measures to protect the Confidential Information
- not disclose the Confidential Information to any third party except as expressly permitted in this Agreement
4.2 Exceptions
The obligations in Section 4.1 do not apply to any information that (a) is or becomes generally available to the public through no fault of Recipient, (b) was in Recipient’s possession or known by it prior to receipt from Discloser, (c) was rightfully disclosed to Recipient without restriction by a third party, or (d) was independently developed without use of Discloser’s Confidential Information. Recipient may disclose Confidential Information only to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those of this Agreement. Recipient will be responsible for any breach of this Section 4 by its employees, contractors, and agents. Recipient may disclose Confidential Information to the extent required by law, provided that Recipient uses reasonable efforts to notify Discloser in advance.5. Security
5.1 Our Security Program
We will maintain an information security program (including the adoption and enforcement of internal policies and procedures) designed to:- protect the Services and Customer Content against accidental or unlawful loss, access, or disclosure
- identify reasonably foreseeable and internal risks to security and unauthorized access
- minimize security risks, including through regular risk assessments and testing
5.2 Our Security Obligations
As part of our information security program, we will:- implement and enforce policies related to electronic, network, and physical monitoring and data storage, transfer, and access
- deploy production infrastructure behind VPNs where possible
- require multi-factor authentication for employees
- configure network security, firewalls, accounts, and resources for least-privilege access
- maintain a logging and incident response process
- maintain corrective action plans to respond to potential security threats
- conduct periodic reviews of our security and the adequacy of our information security program as aligned to industry best practices and our own policies and procedures
5.3 Your Security Obligations
You are solely responsible for implementing necessary and effective security measures in technical, physical, and administrative controls for your own business, computer systems, and equipment, this includes deploying higher-level security protection service to meet your specific need. You shall bear full responsibility for any consequences arising from any failure to fulfill these obligations.6. Privacy
6.1 Personal Data
If you use the Services to process personal data, you must (a) provide legally adequate privacy notices, and obtain and retain necessary consents from End-users for collecting, using, modifying, storing, transmitting, analyzing, processing, disclosing, sharing, and deleting (collectively, “Processing”, with all its grammar variations) the personal data as well as for authorize us to Process personal data by the Services, (b) process personal data in accordance with applicable law, and your privacy notices, and (c) be responsible for the Processing and security of personal data.6.2 Our Processing of Personal Data
We will access and process personal data in accordance with this Agreement for the purposes of providing the Services and enhancing the algorithm Services. You hereby grant us a non-exclusive, sub-licensable license to access, copy and use the personal data to provide the Services under this Agreement. In the course of providing products and services, technical and network support to you, we may collect or generate certain technical and operational data, such as system logs, billing data, customer service conversations, lead data, etc. (“Operational Data”), which we may use to optimize and improve our products and services. Except as necessary for your use of API Free services and as otherwise provided by laws and regulations, we will not access or use your Data without your consent.7. Payment and Taxes
7.1 Fees and Billing
You agree to pay all fees charged to your account (“Fees”) promptly after submitting an order, according to the prices and terms on the Pricing Page, or as otherwise stated in an Order Form. If payment is not completed in a timely manner or if quantities become insufficient or reach their limit during the payment period, you may be unable to access the relevant Services.7.2 Price Change; Correction
You acknowledge and agree that we may, at our sole discretion, adjust prices and billing during the Services period; the latest information posted on the relevant pages shall prevail. Price changes on the Pricing Page will be effective immediately for all price decreases or changes made for legal reasons. All other price changes will be effective 14 days after they are posted. We have the right to correct pricing errors or mistakes even after issuing an invoice or receiving payment. You authorize us and our third-party payment processor(s) to charge the payment method provided on your account on an agreed-upon periodic basis, but we may reasonably change the date on which the charge is posted.7.3 Prepayment
You may need to prepay an advance for Services. API Free will charge you and deduct the cost from your advance based on the actual services used and the price rates in the Price List (available on API Free’s official website and subject to updates). If your prepaid balance is insufficient to cover the cost of a requested service, you will be notified and required to top up the advance before the service can be provided. API Free reserves the right to modify the Price List at any time, and any changes will be communicated to you through API Free’s official website or other designated channels, with the updated rates applying to all services rendered after the effective date of the change.7.4 Refund
In the case of our failure to render a specific Service, we will either not charge you for such Service or refund the cost already charged to your API Free account (no cash refunds). Notwithstanding the foregoing, all sales of services, including prepaid services, are final. Payments of Fees or recharge amounts are non-refundable unless otherwise specified at the time of purchase. Resources are immediately allocated to your account to secure API calls upon payment.8. Term and Termination
8.1 Term
The term of this Agreement will commence upon the earlier of your online acceptance of these terms, the Effective Date of an Order Form, or the date you first use the Services, and will remain in effect until terminated pursuant to this Section 8 (“Term”).8.2 Termination
Unless you purchase Services for a committed duration, you may terminate this Agreement at any time by deleting your account. Both you and API Free may terminate this Agreement upon written notice (a) if the other party materially breaches this Agreement and does not cure the breach within thirty (30) days after receiving written notice of the breach or (b) if the other party ceases its business operations or becomes subject to insolvency proceedings. We may suspend your or any End User’s access to the Services or terminate this Agreement or any Order Form: (i) if required to do so by law; (ii) to prevent a security risk or other credible risk of harm or liability to us, the Services, or any third party; or (iii) for repeated or material violations of the API Free Policies. We will use reasonable efforts to notify you of any suspension or termination and give you the opportunity to resolve the issue prior to suspension or termination.8.3 Effect of Termination
We will cease the Services to you and retain any prepaid fees as liquidated damages (if applicable) upon the termination of the Agreement, and we reserve the right to pursue any legal remedies against you as permitted by law. Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under this Agreement up to the date of termination or expiration. Upon termination or expiration of this Agreement, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, limitations of liability, and disclaimers. Upon termination of this Agreement, we will delete all Customer Content from our systems within 30 days, unless we are legally required to retain it.9. Third-Party Services
9.1 Third-Party Services
Our Services may rely on, integrate with, or interoperate with third-party products and services, including but not limited to data storage services, communication technologies, third-party applications, machine learning models hosted by third parties, and internet or mobile network operators (collectively, “Third-Party Services”). Such Third-Party Services are not under our control. Their operation, availability, and performance may affect, or be affected by, the use, reliability, and availability of our Services. You acknowledge and agree that:- the availability and functionality of the Services may depend on third-party vendors and service providers
- Third-Party Services may not operate without interruption or error, which may impact the performance or availability of the Services
9.2 Limitations on Use of Third-Party Services
You agree that you will not, directly or indirectly:- utilize any Third-Party Services or any outputs generated through such services for the purpose of creating, enhancing, training, fine-tuning, or developing products or services that are competitive with the relevant Third-Party Services, including any artificial intelligence or machine learning systems
- copy, distribute, disclose, or otherwise make available any datasets, materials, or information used in the training of any artificial intelligence embedded in Third-Party Services, including but not limited to audiovisual content, images, metadata, or other training components
- generate, exploit, or deploy outputs in a manner intended to reproduce, substantially resemble, or approximate the original content or assets used to train any artificial intelligence incorporated into Third-Party Services
10. Warranties and Disclaimer
10.1 Warranties
We warrant that, during the Term, when used in accordance with this Agreement, the Services will conform in all material respects with the documentation we provide to you or otherwise make publicly available.10.2 Disclaimer
Except for the warranties in this Section 10, the Services are provided “as is” and we and our affiliates and licensors hereby disclaim all warranties, express or implied, including all implied warranties of merchantability, fitness for a particular purpose and title, noninfringement, or quiet enjoyment, and any warranties arising out of course of dealing or trade usage. Despite anything to the contrary, we make no representations or warranties (a) that use of the Services will be uninterrupted, error free, or secure, (b) that defects will be corrected, (c) that Customer Content will be accurate.11. Indemnification
11.1 By Us
We agree to defend and indemnify you for any damages finally awarded by a court of competent jurisdiction and any settlement amounts payable to a third party arising out of a third party claim alleging that the Services (including training data we use to train a model that powers the Services) infringe any third party intellectual property right, provided that (i) you provide us with prompt written notice of such claims, and all information and assistance reasonably required for the settlement or settlement of the claim, at your expense; (ii) we own sole control over the processing of the claim or settlement of the claim, (iii) the full amount of the Fees has been paid; (iv) your use is in accordance with the Agreement and any API Free Policy. This section sets out our entire liability and your sole remedy for any claim of intellectual property infringement in connection with the Services. This indemnity does not apply to claims arising from: (a) any combination, modification, or use of the Services or Output with products, services, or software not provided by or on behalf of us, (b) Your Input, or any actions or omissions by you or your End Users, including failure to comply with this Agreement, applicable laws, and failure to use relevant citation, filtering, safety features or restrictions provided by us, (c) you or your End Users knew or should have known the Output was infringing or likely to infringe, (d) Claims related to Customer Applications, and (e) alleging trademark or related rights violations based on your use of Output in trade or commerce. If we reasonably believe that all or any portion of the Services is likely to become the subject of any infringement claim, we (x) will procure, at our expense, the right for you to continue using the Services in accordance with this Agreement, (y) will replace or modify the allegedly infringing Service so it is non-infringing, or (z), if (x) and (y) are not commercially practicable, we may, in our sole discretion, terminate this Agreement upon written notice to you and refund any prepaid amounts for unused Services.11.2 By Customer
You agree to indemnify, defend, and hold us and our affiliates and licensors harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) payable to a third party arising out of a third party claim related to (a) use of the Services in violation of this Agreement (including violation of API Free Policies), (b) Customer Applications, or (c) Input.12. Limitation of Liability
12.1 Limitations on Indirect Damages
Except for (i) a party’s gross negligence or willful misconduct, (ii) your breach of Section 2 (Restrictions), (iii) either party’s breach of its confidentiality obligations under Section 4 (Confidentiality), (iv) our breach of Section 5 (Security), or (v) a party’s indemnification obligations under this Agreement, neither you nor API Free or our respective affiliates or licensors will be liable under this Agreement for any indirect, punitive, incidental, special, consequential, or exemplary damages (including lost profits) even if that party has been advised of the possibility of those damages.12.2 Liability Cap
To the maximum extent permitted by applicable law, in no event shall our aggregate liability arising out of or in connection with these terms, whether based on contract, tort (including negligence), strict liability, or any other legal or equitable theory, exceed the greater of (a) the total amounts paid or payable by you to us under these terms during the six (6) months preceding the event giving rise to the claim, or (b) US$1000, except to the extent such liability cannot be excluded or limited under applicable law. The foregoing limitations shall apply even if any remedy fails of its essential purpose.13. Trade Controls
You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.14. Governing Law and Dispute Resolution
14.1 Governing Law
This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions.14.2 Dispute Resolution
Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. By accepting this Agreement, you and API Free agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and API Free agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).14.3 No Class Actions
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a Dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.15. Modifications and Updates
15.1 Updates
We may update this Agreement or the API Free Policies by providing you with reasonable notice, including by posting the update on our website. If, in our sole judgment, an update materially impacts your rights or obligations, we will provide at least 30 days’ notice before the update goes into effect, unless the update is necessary for us to comply with applicable law, in which case we will provide you with as much notice as reasonably possible. Any other updates will be effective on the date we post the updated Agreement or the API Free Policies. Your continued use of, or access to, the Services after an update goes into effect will constitute acceptance of the update. If you do not agree with an update, you may stop using the Services or terminate this Agreement under Section 8.2 (Termination).15.2 Exceptions to Updates
Except for an update to comply with applicable law, updates to the Agreement or the API Free Policies will not apply to: (a) Disputes between you and API Free arising prior to the update; or (b) Order Forms signed by you and API Free (as opposed to an automated ordering page) prior to us notifying you of the update. However, to the extent an update relates to a Service or feature launched after an Order Form is signed it will be effective upon your first use of such Service.16. Miscellaneous
(a) Headings. Headings in the Agreement are inserted solely for convenience and are not intended to affect the meaning or interpretation of Agreement. (b) Entire Agreement. Except as expressly agreed by API Free and you, this Agreement constitutes the entire agreement between you and API Free with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. (c) Force Majeure. Except for payment obligations, neither you nor API Free will have any liability for failures or delays resulting from conditions beyond your or API Free’s reasonable control, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, or power failures. (d) Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. (e) Waiver. Failure of API Free to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against API Free unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. (f) Relationship. For all purposes under this Agreement, no joint venture, partnership, employment or agency relationship exists between you and API Free as a result of this Agreement or use of the Service. (g) No Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement, and it is your and API Free’s specific intent that nothing contained in this Agreement will give rise to any right or cause of action, contractual or otherwise, in or on behalf of any third party. (h) Assignment. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of API Free. API Free may assign this Agreement, including all its rights hereunder, without notice or your consent. This Agreement will inure to the benefit of our successors and assigns. (i) Language. If API Free provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.17. How to Contact Us
If you have any questions or concerns about this Agreement or our Services, please contact us using the contact details below: Company Name: SKYWORK AI PTE. LTD.Address: 2 Science Park Drive, #01-08, Ascent, Singapore 118222
Email: business@apifree.ai