Refine API Terms of Service

Subject to Customer’s compliance with these API Terms, Refine grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the term of these API Terms to access and use the API solely for Customer’s internal research, review, and analysis purposes.

The rights granted in Section 2.1 are limited to a single legal entity. For purposes of these API Terms, “Customer” means the specific legal entity identified in the account registration or acceptance flow, and does not include any parent, subsidiary, affiliate, sister company, or other related entity of that legal entity, regardless of common ownership or control. No such related entity may access the API, generate or use an API key, or access or use the Output, and Customer may not use the API or Output for the benefit of any such related entity. Each related entity that wishes to access the API must accept these API Terms in its own name or enter into a separate agreement with Refine. Branches, departments, and internal business units of Customer that are not separately incorporated legal entities are treated as part of the same Customer. Output may be accessed and used only by employees and authorized contractors of Customer acting within the scope of their employment or engagement and solely for Customer’s internal business purposes.

Customer shall not, and shall not permit any third party to:

Use of the API by or for the benefit of any Restricted Commercial User (as defined below) requires a separate written enterprise agreement with Refine. Use of the API by a Restricted Commercial User without such an agreement is a material breach of these API Terms. Customer acknowledges that unauthorized use of the API by or for the benefit of a Restricted Commercial User causes irreparable harm to Refine for which monetary damages would be inadequate, and Refine is entitled to seek injunctive and other equitable relief in addition to any other remedies available at law or in equity.

A “Restricted Commercial User” means any of the following:

(a) Status-based. The following entities, regardless of how they use the API or Output:

(b) Use-based. The following entities, but only when using the API or Output for the purpose described:

(a) Status-based. Customer represents and warrants that, as of the date Customer accepts these API Terms and at all times during use of the API, Customer is not an entity described in Section 3.1(a). Customer shall promptly notify Refine if Customer becomes such an entity and shall cease all use of the API until a separate written enterprise agreement with Refine has been executed.

(b) Use-based. Customer covenants that it will not use the API or Output in any manner that would constitute use as a Restricted Commercial User under Section 3.1(b) without first executing a separate written enterprise agreement with Refine. If Customer becomes aware of any actual or inadvertent use that would constitute Restricted Commercial Use under Section 3.1(b), Customer shall promptly notify Refine and cease such use, but may continue using the API for other permitted purposes pending execution of a separate enterprise agreement covering the restricted use.

To the extent Customer’s use of the API involves the processing of personal data subject to applicable data protection laws (including the EU General Data Protection Regulation, the UK General Data Protection Regulation, the California Consumer Privacy Act, and successor or analogous legislation), the DPA is hereby incorporated into and forms part of these API Terms. By accessing or using the API, Customer agrees to be bound by the DPA.

For the avoidance of doubt, nothing in this Section 4.2 authorizes Customer to use the API to process personal data on behalf of any third party in any manner that would constitute Service Bureau Use, Restricted Commercial Use without a separate enterprise agreement, or any other use prohibited by these API Terms. This Section 4.2 allocates data-protection responsibilities in any circumstance where Customer does in fact process personal data on behalf of a third party, including circumstances expressly permitted by Refine in writing. If Customer uses the API to process personal data on behalf of any third party (such as a controller for whom Customer acts as a processor), Customer is solely responsible for:

Where Customer acts as a processor on behalf of a separate controller, Customer represents and warrants that, at all times during such use, (i) Customer is authorized by the relevant controller to appoint Refine as a sub-processor; (ii) Customer’s agreement with the relevant controller permits the international transfers and sub-processing contemplated by these API Terms and the DPA, including transfers to Refine’s sub-processors as listed in the DPA; and (iii) Customer will, on Refine’s reasonable written request, provide evidence sufficient to demonstrate the authority and contractual coverage described in clauses (i) and (ii). Where Customer acts as the controller, Customer represents and warrants that Customer has a lawful basis to disclose the relevant personal data to Refine as a processor, has provided all required notices to and obtained all required consents from data subjects, and will, on Refine’s reasonable written request, provide evidence sufficient to demonstrate compliance with these obligations. Refine’s right to request evidence under this Section shall be exercised in good faith and limited to circumstances where Refine has a reasonable basis to believe verification is necessary.

Consistent with Refine’s standard data commitments, Customer Content submitted through the API will not be used by Refine or its sub-processors to train, fine-tune, validate, improve, or develop any artificial intelligence, machine learning, or similar automated system.

The API is currently provided on an alpha basis. Refine may modify, rate-limit, suspend, deprecate, or discontinue the API or any feature thereof at any time, with or without notice and with or without backward compatibility. Refine makes no commitment to maintain any version of the API or any specific functionality.

Refine provides the API “as is” and “as available.” Refine makes no representation or warranty as to uptime, availability, throughput, latency, accuracy, completeness, fitness for any particular purpose, or fitness of Output for any decision or action. Customer’s use of the API and reliance on any Output is at Customer’s sole risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REFINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Use of the API consumes credits at the rates published by Refine from time to time. Customer is responsible for monitoring credit consumption.

Refine may change pricing for the API at any time. Refine will provide reasonable advance notice of material pricing changes by email or through the Refine platform. Continued use of the API after the effective date of a pricing change constitutes acceptance of the new pricing.

These API Terms apply from the date Customer first accesses the API and continue until terminated as provided herein.

Customer may terminate these API Terms at any time by ceasing all use of the API and notifying Refine in writing.

(a) Termination for convenience. Refine may terminate these API Terms or Customer’s access to the API for any reason or no reason upon thirty (30) days’ prior written notice to Customer. Notice may be provided by email to the address associated with Customer’s account or by in-product notification.

(b) Termination or suspension for cause. Notwithstanding Section 7.3(a), Refine may suspend or terminate Customer’s access to the API immediately, in Refine’s sole discretion, with or without notice, if Refine has reason to believe that:

(c) Suspension pending investigation. Refine may suspend access pending investigation of a suspected basis for termination under Section 7.3(b) and shall use reasonable efforts to notify Customer of any such suspension.

Upon termination pursuant to Section 7.3(a), Customer’s right to access and use the API ceases immediately following the notice period. Upon termination pursuant to Section 7.3(b), Customer’s right to access and use the API ceases immediately. In either case, upon the applicable termination, Customer shall promptly cease all use of the API, securely delete any cached or stored credentials, and securely delete or return any Output, Customer Content, and related materials in Customer’s possession that were generated or obtained through the API, except to the extent retention is required by applicable law or by Customer’s internal records-retention obligations. Customer’s obligations under these API Terms continue to apply to any retained Output, including without limitation the use restrictions in Sections 2.2, 2.3, 8, 9, 10, and 11. The provisions of Sections 2.3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, and 21 survive termination, together with any other provision that by its nature is intended to survive.

Where Refine has a reasonable, good-faith basis to believe that a specific compliance issue exists with respect to Customer’s use of the API (including, by way of example, anomalous usage patterns suggesting Service Bureau Use, Restricted Commercial Use without an enterprise agreement, or other material breach of these API Terms), Refine may, on reasonable written notice, request information from Customer to verify Customer’s compliance with these API Terms. Such information may include details regarding Customer’s use of the API and Output, Customer’s status as a Restricted Commercial User, and Customer’s data protection practices with respect to Customer’s own end users. Refine shall exercise this right in good faith, and shall limit its requests to information reasonably necessary to verify the suspected compliance issue.

Customer shall respond to a request under Section 12.1 within ten (10) business days of receipt, or such longer period as Refine may reasonably specify in light of the scope of the request. If Customer fails to respond within the applicable period, Refine may suspend Customer’s API access pending Customer’s response. Notwithstanding the foregoing, Refine may suspend Customer’s API access immediately, without waiting for the response period to elapse, where Refine has a reasonable basis to believe that continued access poses an imminent legal, security, or operational risk.

As between Customer and Refine, Customer retains all right, title, and interest in and to Customer Content. Refine claims no ownership of, and asserts no intellectual property rights in, Customer Content.

By submitting Customer Content through the API, Customer grants Refine a limited, worldwide, non-exclusive, royalty-free license to access, store, process, and otherwise use Customer Content solely as necessary to provide the API and Output to Customer in accordance with these API Terms and the DPA. This license terminates upon deletion of the relevant Customer Content or termination of these API Terms, whichever is earlier. Notwithstanding the foregoing, Refine may retain Customer Content following termination solely to the extent reasonably necessary to comply with applicable law, defend or respond to legal claims, or maintain routine archival or disaster-recovery backups, subject in each case to the AI training prohibition in Section 4.3 and any stricter requirements applicable to personal data under the DPA.

As between Customer and Refine, Customer owns Output generated from Customer Content, subject to Refine’s underlying intellectual property in the API, the models, and the Refine platform. Refine assigns to Customer all right, title, and interest, if any, that Refine may have in such Output. Customer’s rights in Output are subject to the use restrictions in these API Terms.

These API Terms, together with the Main Terms and the DPA, constitute the entire agreement between Customer and Refine with respect to Customer’s use of the API and supersede all prior or contemporaneous agreements, proposals, or communications, whether oral or written, regarding the API.

If any provision of these API Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to render it valid and enforceable while preserving the parties’ original intent.

No failure or delay by Refine in exercising any right under these API Terms operates as a waiver of that right.

Customer may not assign or transfer these API Terms or any rights or obligations hereunder without Refine’s prior written consent. Refine may assign these API Terms without consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Notices to Refine under these API Terms must be sent to

. Notices to Customer may be sent to the email address associated with Customer’s account.

The parties are independent contractors. Nothing in these API Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

In the event of a conflict among (a) these API Terms, (b) the DPA, (c) the Main Terms, and (d) any separately negotiated agreement between Customer and Refine that expressly references and supersedes these API Terms, the order of precedence is (d), (b), (a), (c).