Hicap Terms & Conditions

By accessing or using the Hicap services ("Services"), you ("User") agree to be bound by these Terms & Conditions, our Privacy Policy, and any additional guidelines or policies provided by Hicap. If you do not agree, do not use our Services.

Hicap provides AI compute infrastructure, including but not limited to reserved capacity and orchestration tools, enabling users to run AI workloads at lower costs. Specific features and pricing may vary over time and by subscription level.

You represent and warrant that: • You are at least 18 years old (or the age of majority in your jurisdiction). • You have the legal authority to enter into this agreement on behalf of yourself or any organization you represent.

Registration: To access certain features, you may be required to create an account. You agree to provide accurate information and to keep this information updated. Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Unauthorized Access: If you suspect any unauthorized use of your account, notify Hicap immediately.

Token-Based Billing: • Hicap's Services are billed on a pay-per-token basis or via a subscription model that includes a token allowance, as specified on our website or order form. • Each token consumed by your AI workloads will incur charges according to the applicable rate, which may vary based on the model or plan you select. • Unused tokens, if any, may expire at the end of your billing cycle unless otherwise stated in your plan. Fees and Payment Terms: • You agree to pay all fees in accordance with the rates and payment terms provided during registration or as published on our website. • We reserve the right to modify token pricing or subscription fees, but will provide reasonable notice of any changes. Billing Cycle: • We may bill you on a recurring basis (e.g., monthly or annually). Your billing cycle will be communicated to you when you sign up. • If you exceed your token allotment (if on a subscription plan), additional tokens will be charged at the stated overage rate. Late Payments: • If your payment method is declined or your account is past due, we may suspend or terminate your access to the Services until all outstanding amounts are paid. Taxes: • You are responsible for any applicable taxes or fees associated with your use of the Services, including token-based transactions.

You agree not to: • Use the Services for any illegal, harmful, or fraudulent activity. • Attempt to gain unauthorized access to the Services or related systems. • Interfere with the operation of the Services or any other user's enjoyment of the Services. • Misuse our Services to distribute malware, spam, or any other harmful code.

Data Protection: We take reasonable steps to protect your data in accordance with our Privacy Policy. Compliance: You are responsible for complying with all applicable data protection and privacy laws regarding your use of the Services. Third-Party Services: Hicap may integrate with or rely on third-party services (e.g., hyperscalers). We are not responsible for the data handling practices of these third parties.

Hicap IP: All intellectual property rights in the Services, including software, trademarks, logos, and content, belong to Hicap or its licensors. User Content: You retain all rights to the data and content you provide. By using our Services, you grant us a limited, non-exclusive license to process and store such data solely for providing the Services.

Termination by User: You may cancel your account at any time by following the account cancellation instructions or contacting Hicap support. Termination by Hicap: We may suspend or terminate your access to the Services if you breach these Terms or if we discontinue the Services. We will make reasonable efforts to notify you. Effect of Termination: Upon termination, your right to access the Services immediately ceases. We may delete your data in accordance with our data retention policies unless required otherwise by law.

No Warranty: The Services are provided on an "as is" and "as available" basis. Hicap disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Performance & Availability: We strive for high availability and performance but do not guarantee uninterrupted or error-free operation of the Services. Financial Loss & Errors: Hicap shall not be held liable for any financial losses incurred due to errors or inaccuracies in token billing, pricing, or other related aspects of the Services. Users agree that any reliance on such information is at their own risk.

To the maximum extent permitted by law, Hicap and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of (or inability to use) the Services. Hicap's total liability to you for any claims arising from these Terms shall not exceed the amount paid by you to Hicap for the Services in the three months preceding the claim, and in no event shall Hicap be liable for any errors in token pricing or billing that result in financial loss.

You agree to defend, indemnify, and hold harmless Hicap, its affiliates, and their respective employees and agents from and against all claims, damages, and expenses (including reasonable attorney fees) arising out of or related to your violation of these Terms or misuse of the Services.

We may update these Terms from time to time. If we make material changes, we will notify you via email or by posting a prominent notice on our website. Continued use of the Services after such updates constitutes your acceptance of the new Terms.

These Terms will be governed by and construed in accordance with the laws of Mexico. Any disputes arising under these Terms shall be resolved in the courts of Mexico City.

If you have any questions or concerns regarding these Terms, please contact us at: Email: contact@hicap.ai