hcap.ai Logo hcap.ai
Home Docs Privacy
Dashboard

Terms of Service

Last Updated: 03 June 2025

Welcome to hcap.ai (the "Service"). The Service is provided and operated by the individual founders and operators of hcap.ai (collectively referred to in these Terms as "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Service, including our website (https://hcap.ai), APIs, models, and any associated software or documentation (collectively, the "Service").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

1. Definitions

  • "API Key": A unique security key provided to you for accessing certain parts of the Service.
  • "Content": Includes text, images, or other data.
  • "Input": Content you provide to the Service.
  • "Output": Content generated and returned by the Service based on your Input.
  • "Tokens": Units used to measure text-based usage of the Service.
  • "Images": Units used to measure image-based usage of the Service.
  • "User": Any individual or entity that accesses or uses the Service.

2. Description of Services

hcap.ai provides users with access to large language models capable of generating text-based and image-based Output in response to user Input. The Service is offered through various subscription plans ("Tiers") as detailed on our website (https://hcap.ai) and within these Terms.

Our Tiers:

  • FREE TIER:
    • Up to 2 million tokens per day.
    • Up to 25 images per day.
  • BASIC TIER:
    • $5 per month.
    • Up to 20 million tokens per day.
    • Up to 150 images per day.
  • PRO TIER:
    • $8 per month.
    • Up to 55 million tokens per day.
    • Up to 250 images per day.
  • CUSTOM TIER:
    • Starting from $8+ per month.
    • Usage starting from 55 million+ tokens per day and 250+ images per day.
    • Additional usage priced at $0.20 per 7.5 million tokens and $0.15 per 150 images, on top of the Pro Tier base usage and price, or as otherwise agreed in a separate written agreement.

Usage limits are refreshed daily (based on a 24-hour period determined by us, e.g., UTC). We reserve the right to modify our Tiers, including features, limits, and pricing, at any time, with notice to you as described in Section 13 (Modifications to Terms).

3. User Accounts

  • Registration: To access most features of the Service, you must register for an account and provide accurate, current, and complete information.
  • Account Security: You are responsible for safeguarding your account credentials, including your API Key. You agree not to disclose your credentials to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You must notify us immediately of any unauthorized use of your account or API Key.
  • One Free Key Policy: You are permitted to create and maintain no more than one (1) Free Tier API key. Attempting to bypass this limitation, including but not limited to creating multiple accounts or using automated means to generate multiple Free Tier keys, is a direct violation of these Terms.

4. Acceptable Use and User Responsibilities

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms, or any other purpose not reasonably intended by us. You agree to:

  • Comply with all applicable local, state, national, and international laws and regulations.
  • Be responsible for your Input and the use of Output generated by the Service.
  • Not use the Service to generate Output that:
    • Infringes upon, misappropriates, or violates any third party's intellectual property rights, rights of privacy, or other proprietary rights.
    • Is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
    • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
    • Contains viruses, malware, or other harmful code.
  • Not attempt to, or assist anyone to, reverse engineer, decompile, or discover the source code or underlying components of our Service, including our models and algorithms (except to the extent this restriction is prohibited by applicable law).
  • Not automatically or programmatically extract data or Output in a way that abuses or disrupts the Service.
  • Not represent that Output was human-generated when it was not.
  • Not use the Service in a way that could overburden, damage, or impair the Service or interfere with any other party's use of the Service.
  • Not attempt to gain unauthorized access to the Service, other user accounts, or our computer systems or networks.
  • Use the Service and Output in a manner consistent with any usage guidelines or policies we may provide.

5. Payment Terms (For Paid Tiers)

  • Fees: You agree to pay all applicable fees for the Tiers you subscribe to, as described on our website (https://hcap.ai) or in a separate agreement with us.
  • Billing: We may use a third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.
  • Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for an additional period of the same duration, and you authorize us (or our third-party payment processor) to charge your payment method for the renewal term.
  • Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes. Your continued use of the Service after a price change becomes effective constitutes your agreement to pay the changed amount.
  • Taxes: All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

6. Refund Policy

We offer a 10-day refund policy for your initial subscription to a paid Tier (Basic, Pro, or Custom). If you request a refund within ten (10) calendar days of your first payment for a paid Tier, you will receive a full refund for that payment period.

Upon processing a refund, your Tier will be immediately changed to the Free Tier, and the associated usage limits will apply.

This refund policy applies only to the first time you subscribe to any paid Tier. Subsequent subscriptions or renewals are not eligible for this 10-day refund.

Refund Policy Violation: Attempting to abuse this refund policy (e.g., repeatedly subscribing and requesting refunds for the purpose of extended free use beyond typical evaluation) will be considered a violation of these Terms. If we, in our sole discretion, determine that you have violated the 10-day refund policy, we reserve the right to permanently suspend your API key. Furthermore, you may be blocked from acquiring a new API key (for any Free or Paid Tier) for a period of one (1) day from the date of the determined violation.

7. Intellectual Property Rights

  • Our Service: We (the individual founders and operators of hcap.ai) and our licensors own all right, title, and interest in and to the Service, including all associated intellectual property rights (such as patents, trademarks, copyrights, trade secrets, and know-how), including the underlying models, algorithms, and software. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features associated with hcap.ai.
  • Your Input: You retain all rights, title, and interest in and to your Input that you provide to the Service, subject to the rights you grant us below. You represent and warrant that you have all necessary rights, licenses, and permissions to provide Input to the Service and to grant the licenses set forth in these Terms.
  • Output: Subject to your compliance with these Terms, we grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the Output generated by the Service for your lawful purposes. You are solely responsible for the Output you generate and its subsequent use, and you must ensure that your use of the Output complies with these Terms and all applicable laws.
  • License to Us for Input and Output:
    • To provide and improve the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Input solely as necessary to provide the Service to you and as described in our Privacy Policy.
    • We may use Input and Output to improve and develop our Service (e.g., to train our models). If we use your Content for such purposes, we will take steps to de-identify it to the extent reasonably possible. Please refer to our Privacy Policy for more details on how we handle your data. You will have the option to opt-out of having your Content used for model training if such an option is made available.
  • Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

8. Data Privacy and Confidentiality

  • Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information and Content.
  • Confidentiality: You may be given access to certain non-public information, software, and specifications ("Confidential Information") of hcap.ai. You may use this Confidential Information only as necessary in exercising your rights granted under these Terms. You may not disclose Confidential Information to any third party without our prior written consent. You agree to protect Confidential Information with the same degree of care that you use to protect your own confidential information of a similar nature, but in no event less than reasonable care.

9. Suspension and Termination

  • Our Right to Suspend or Terminate: We reserve the right to permanently suspend your API key and/or block your access to the Service, with or without prior notice, for any reason whatsoever, including but not limited to:
    • If we find your behavior on the Service to be suspicious in our sole discretion.
    • If you abuse our Service or violate any provision of these Terms (including the Acceptable Use Policy and Free Tier Limitations).
    • If you fail to pay any fees when due.
    • If required by law or requested by governmental authorities.
    • If your continued use of the Service could cause risk or harm to us, our other users, or anyone else.
  • Reason for Suspension: In the event of an API key suspension or service block, we reserve the right to not immediately point out the full and specific reason(s) for such action. However, if you make a further formal inquiry, we will endeavor to provide a reason where appropriate and at our discretion, unless providing such information would compromise our security measures, legal obligations, or investigative processes.
  • Consequences of Free Tier Limitation Violation: Bypassing the limitation of one Free Tier API key will result in the permanent suspension of all associated API keys, with the risk of a potential block from using any part of the Service.
  • Your Right to Terminate: You may stop using the Service and terminate your account at any time by contacting us or through your account settings, if available.
  • Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We may delete your account and Content upon termination, subject to our data retention policies and applicable law.

10. Disclaimers

THE SERVICE IS PROVIDED BY THE INDIVIDUAL FOUNDERS AND OPERATORS OF HCAP.AI ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

  • (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
  • (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED;
  • (C) THE OUTPUT GENERATED BY THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR SPECIFIC NEEDS OR USE CASE. YOU ACKNOWLEDGE THAT LARGE LANGUAGE MODELS MAY PRODUCE INACCURATE, INCOMPLETE, OR OFFENSIVE OUTPUT, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND APPROPRIATENESS OF ANY OUTPUT BEFORE USING OR RELYING ON IT;
  • (D) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, OR FROM THE POTENTIAL VOLATILITY OR UNAVAILABILITY OF UNDERLYING TECHNOLOGIES OR THIRD-PARTY SERVICES THAT MAY BE USED TO PROVIDE HCAP.AI. OUTPUT SHOULD NOT BE RELIED UPON AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INDIVIDUAL FOUNDERS AND OPERATORS OF HCAP.AI, OR ANY INDIVIDUAL ASSOCIATED WITH HCAP.AI (INCLUDING THEIR HEIRS, AGENTS, OR ASSIGNS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  • (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
  • (C) ANY OUTPUT OBTAINED FROM THE SERVICE;
  • (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE AGGREGATE LIABILITY OF THE INDIVIDUAL FOUNDERS AND OPERATORS OF HCAP.AI TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL IN NO EVENT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless the individual founders and operators of hcap.ai, and their respective heirs, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • (a) your violation of these Terms;
  • (b) your use of the Service, including, but not limited to, your Input and any use of Output generated by the Service;
  • (c) any products or services you make available in connection with the Service or Outputs; or
  • (d) your violation of any applicable laws or regulations or the rights of any third party.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect (e.g., by posting a notice on our website (https://hcap.ai) or sending an email to the address associated with your account). What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

14. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed and construed in accordance with the laws of [Your Chosen Jurisdiction (e.g., State of Delaware, USA, or the jurisdiction where the majority of the founders reside - DISCUSS THIS WITH YOUR LAWYER)], without regard to its conflict of law provisions.
  • Dispute Resolution: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [City, Jurisdiction corresponding to Governing Law - DISCUSS THIS WITH YOUR LAWYER], using the English language in accordance with the Arbitration Rules and Procedures of [Arbitration Association, e.g., JAMS or a local equivalent] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitpute disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
  • Class Action Waiver: YOU AND THE INDIVIDUAL FOUNDERS AND OPERATORS OF HCAP.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Miscellaneous

  • Entire Agreement: These Terms (including our Privacy Policy and any other policies referenced herein) constitute the entire agreement between you and us regarding our Service and supersede and replace any prior agreements, oral or written, regarding the Service.
  • Waiver and Severability: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  • Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, but such assignment by us will not relieve the original individual founders and operators of any pre-existing liabilities unless explicitly agreed.
  • Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us (i) via email (to the address that you provide) or (ii) by posting to the Service on https://hcap.ai. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  • Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
  • Relationship of the Parties: These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. The individuals operating hcap.ai are independent contractors with respect to you.
  • Contact Information: If you have any questions about these Terms, please contact us via email at: [email protected] or through our official Discord server: https://discord.gg/jQmeZqDnbw. Please note that while we aim to be responsive on Discord, official legal notices should preferably be sent via email.