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Mixlayer Terms of Service

Effective Date: February 24, 2026
Last Updated: February 24, 2026

These Terms of Service (“Terms”) govern your access to and use of Mixlayer’s websites, dashboards, APIs, SDKs, and related services (collectively, the “Services”) provided by Mixlayer Labs Inc. (“Mixlayer,” “we,” “us,” or “our”).

By creating an account, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who We Are / How to Contact Us

Mixlayer Labs Inc.
2383 Greenwich Street
San Francisco, CA 94123
Email: [email protected]

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. You represent and warrant that you meet this requirement. The Services are not offered to minors.

3. The Services

Mixlayer provides an AI inference platform that may include:

  • Access to AI models via REST APIs;
  • A WebSocket protocol intended to improve efficiency for certain use cases;
  • A web-based dashboard (including analytics) and a playground; and
  • Related tooling such as SDKs, client libraries, and sample code.

We may add, modify, or remove features at any time. Some Services may be offered as Beta Services (Section 16).

4. Account Registration, Organizations, and Security

4.1 Accounts and Authentication

You must create and maintain an account to use the Services. Depending on your plan and configuration, authentication may include SSO, OAuth, API keys, service accounts, and/or organization workspaces.

4.2 Account Sharing Prohibited

You may not share accounts or login credentials with others. If you create an organization workspace, you are responsible for ensuring that all authorized users comply with these Terms.

4.3 You Are Responsible for Your Credentials

You are responsible for:

  • Maintaining the confidentiality of credentials (including API keys);
  • All activity that occurs under your account; and
  • Promptly notifying us at [email protected] of any suspected unauthorized access.

We are not responsible for losses caused by compromised credentials, except to the extent required by applicable law.

5. Acceptable Use

You agree not to use (or allow others to use) the Services to:

  1. Develop, generate, distribute, or facilitate malware, viruses, ransomware, spyware, or other malicious code;
  2. Phish, scam, commit fraud, or facilitate credential theft or unauthorized access;
  3. Generate or facilitate instructions for weapon building or weaponization;
  4. Create, store, transmit, or distribute child sexual abuse material (CSAM), or content that exploits or harms minors;
  5. Generate or facilitate harassment, hate, or violent threats targeted at protected groups or individuals;
  6. Violate any applicable law or regulation, or infringe or misappropriate the rights of others;
  7. Interfere with, disrupt, or attempt to gain unauthorized access to the Services, systems, or networks;
  8. Reverse engineer, bypass, or defeat any security or usage-limiting features (except to the extent such restriction is prohibited by law);
  9. Use the Services to develop or improve a competing product in a way that violates these Terms or applicable law.

Rate limits / anti-abuse: You agree to comply with any usage limits, rate limits, fair-use constraints, and technical restrictions we communicate in the Services, documentation, or dashboard. Excessive or abusive usage may result in throttling, suspension, or termination as permitted by these Terms.

6. Customer Content, Inputs, and Outputs

6.1 Definitions

  • “Input” means data you submit to the Services (e.g., text, images, audio, video, embeddings, prompts, files, or other content).
  • “Output” means the results generated by the Services in response to an Input.

Inputs and Outputs are collectively “Customer Content.”

6.2 Ownership

As between you and Mixlayer, you own your Inputs and Outputs, and Mixlayer does not claim ownership of your Customer Content.

6.3 License to Operate the Services

You grant Mixlayer a limited, worldwide, non-exclusive license to host, process, transmit, and otherwise use Customer Content solely to provide, maintain, and secure the Services, including to:

  • Run inference and return Outputs;
  • Maintain service performance and reliability;
  • Prevent abuse, fraud, and security incidents;
  • Provide customer support; and
  • Comply with law.

6.4 Customer-Directed Fine-Tuning / Auto Fine-Tuning (Carve-Out)

If you explicitly enable or request a feature that fine-tunes, adapts, or optimizes models on your behalf (including “auto fine-tune” or similar), you grant Mixlayer the additional limited right to use your Customer Content to perform that customer-directed operation and to operate and host the resulting fine-tuned or adapted model for your benefit (e.g., serving it via the Services), subject to your configuration and plan.

Important: This Section does not allow Mixlayer to use your Customer Content for general model training or improvement unless you opt in under Section 7.

6.5 Similarity of Outputs

Because machine learning systems can generate similar responses for different users, Outputs may not be unique, and other users may receive similar outputs.

7. Model Improvement and Training on Customer Content (Opt-In)

By default, Mixlayer will not use your Customer Content to train or improve models for general availability.

If you opt in, you grant Mixlayer permission to use your Customer Content to improve and develop models and Services (including evaluation, fine-tuning, and related processes) as described at the time of opt-in. You may be able to revoke opt-in prospectively through your dashboard settings or by contacting [email protected], subject to practical limitations (for example, content already incorporated into trained parameters may not be removable).

8. Data Retention and Deletion

8.1 Retention

Unless otherwise agreed in writing, Mixlayer may retain:

  • API requests/responses,
  • logs and metadata, and
  • user-uploaded files (if any),

for up to a maximum of 1 year, for purposes such as operating the Services, security, fraud prevention, troubleshooting, analytics, and legal compliance.

8.2 Deletion After Termination

If you terminate your account (or we terminate it), we will delete or de-identify your Customer Content within a reasonable time, and in any event no later than the maximum retention period described above, except where:

  • retention is required by law,
  • necessary for security or fraud prevention,
  • stored in backups that are overwritten on a standard schedule, or
  • retained in aggregated or de-identified form that cannot reasonably be used to identify you.

9. Privacy and Security

We will maintain administrative, technical, and physical safeguards designed to protect the Services and Customer Content. SOC 2 is in progress and may be updated over time.

Your use of the Services is also subject to our Privacy Policy: [insert link]. If there is a conflict between the Privacy Policy and these Terms regarding personal data processing, the Privacy Policy controls.

10. Fees, Billing, Taxes, Credits, and Refunds

10.1 Pricing and Plans

Mixlayer may offer pricing models including pay-as-you-go, subscriptions, usage-based fees, prepaid credits, enterprise invoices, and a free tier, as presented in the Services or an order form.

10.2 Payment and Invoicing

You agree to pay all fees in accordance with the pricing terms displayed at purchase and any applicable order form. We may use a third-party payment processor.

10.3 Taxes

Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, and similar governmental assessments, except for taxes based on Mixlayer’s net income. If Mixlayer is required to collect or remit taxes, we will charge them to you unless you provide a valid exemption certificate.

10.4 Credits, Promotions, and Trials

We may offer credits, promotions, or trials from time to time. Unless otherwise stated:

  • credits have no cash value and are non-transferable,
  • credits may expire, and
  • we may modify or discontinue promotions at any time.

10.5 Late Payments; Suspension

If you fail to pay fees when due, we may:

  • charge interest at 1.5% per month (or the maximum allowed by law, if lower),
  • recover reasonable collection costs and attorneys’ fees (where permitted), and/or
  • suspend access to the Services until amounts are paid.

10.6 Refunds

Refunds are provided case-by-case at Mixlayer’s discretion, unless required by applicable law. If you believe you were billed in error, contact [email protected] promptly with details.

11. Intellectual Property; SDKs; Feedback; Branding

11.1 Mixlayer IP

Mixlayer and its licensors own all rights, title, and interest in and to the Services, including software, APIs, protocols (including our WebSocket protocol), documentation, and underlying technology, excluding Customer Content.

11.2 SDKs, Client Libraries, and Sample Code

Subject to these Terms, Mixlayer grants you a limited, non-exclusive, non-transferable, revocable license to use SDKs, client libraries, and sample code solely to integrate with and use the Services, in accordance with our documentation.

11.3 Feedback

If you provide suggestions, ideas, feature requests, or other feedback (“Feedback”), you grant Mixlayer a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate the Feedback without restriction or obligation to you.

11.4 Trademarks and Marketing Use

You may use the name “Mixlayer” and Mixlayer logos to truthfully describe that you use the Services, including for marketing, subject to any brand guidelines we may provide. You may not imply endorsement, sponsorship, or partnership beyond that. We may request reasonable changes to your usage if it creates confusion or misuse.

12. Third-Party Services and Models

The Services may integrate or rely on third-party services (e.g., cloud providers, model providers, analytics tools). Third-party terms may apply to those services. Mixlayer is not responsible for third-party services outside of our control.

13. Suspension and Termination

13.1 Your Termination

You may terminate your account at any time by following the instructions in the dashboard or contacting support.

13.2 Our Termination / Suspension

We may suspend or terminate your access if:

  • you violate these Terms,
  • your use poses a security risk to the Services or others,
  • required to comply with law, or
  • you fail to pay fees when due.

Where practical, we will provide notice and an opportunity to cure, but we may act immediately if needed to protect the Services, users, or third parties.

13.3 Effect of Termination

Upon termination, your right to access the Services stops. Sections that by their nature should survive will survive, including (at minimum) IP ownership, disclaimers, limitations of liability, indemnities, dispute resolution, and general terms.

14. Disclaimers

THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MIXLAYER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI/ML DISCLAIMER: Outputs may be inaccurate, incomplete, misleading, or unsuitable for your use case. You are responsible for evaluating Outputs for accuracy and appropriateness, including by human review where appropriate. You are solely responsible for decisions made based on Outputs.

Mixlayer does not guarantee uninterrupted, error-free, or secure operation, and does not guarantee that Outputs will meet your requirements.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • MIXLAYER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
  • MIXLAYER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO MIXLAYER FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Beta Services

Mixlayer may label certain features, models, or capabilities as alpha, beta, preview, experimental, or similar (“Beta Services”). Beta Services may be unstable, change without notice, or be discontinued.

BETA SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, AND MAY HAVE REDUCED OR DIFFERENT SUPPORT, SECURITY, OR RELIABILITY.

17. Indemnification

You will indemnify, defend, and hold harmless Mixlayer and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • your Inputs,
  • your use of the Services,
  • your violation of these Terms or applicable law, or
  • your alleged infringement or misappropriation of third-party rights.

Mixlayer may assume control of the defense, and you agree to cooperate reasonably.

18. Sanctions and Export Controls

You may not use the Services if you are:

  • located in a country or region subject to comprehensive U.S. sanctions, or
  • listed on any U.S. government restricted party list (or owned/controlled by such a party),

or if your use would otherwise violate applicable export controls or sanctions laws. You represent and warrant that you comply with these requirements.

19. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

19.1 Informal Resolution First

Before filing a claim, you agree to contact us at [email protected] with a brief description of the dispute and your contact information, and we will attempt to resolve it informally.

19.2 Binding Arbitration

Except as described in Section 19.3, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules.

  • Governing law for arbitration clause: The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
  • Arbitration location / format: Unless the parties agree otherwise, arbitration will be conducted in San Francisco, California, and may be conducted remotely (e.g., video) where appropriate.
  • Authority: The arbitrator will have exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement (except for the class action waiver, addressed below).

19.3 Exceptions

Either party may bring:

  • claims in small claims court if eligible, or
  • claims seeking injunctive or equitable relief to stop unauthorized use or infringement of intellectual property rights.

19.4 Class Action Waiver

YOU AND MIXLAYER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

19.5 Arbitration Opt-Out (Optional)

You may opt out of arbitration by sending an email to [email protected] within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your account email. If you opt out, Sections 19.2–19.4 will not apply to you.

20. Governing Law (Non-Arbitrable Matters)

These Terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules. For any dispute not subject to arbitration, you and Mixlayer agree to submit to the exclusive jurisdiction of the state or federal courts located in Delaware, unless applicable law requires otherwise.

21. Changes to These Terms

We may update these Terms from time to time. We will provide notice via dashboard notice and, for material changes, also by email (where reasonably practicable). Updated Terms become effective as of the “Last Updated” date, unless otherwise stated. Continued use after the effective date constitutes acceptance.

22. General Terms

  • Assignment: You may not assign these Terms without our consent. We may assign these Terms (including in connection with a merger, acquisition, corporate reorganization, or sale of assets).
  • Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest will remain in effect.
  • No Waiver: Failure to enforce a provision is not a waiver.
  • Entire Agreement: These Terms (and any order form and referenced policies) are the entire agreement regarding the Services.
  • Relationship: The parties are independent contractors.
  • Force Majeure: Neither party is liable for delays or failures due to events beyond reasonable control.
  • Notices: Notices to Mixlayer must be sent to [email protected] and/or the address above. We may send notices to the email associated with your account and/or via the dashboard.