Tokonomix

⚠️ PREVIEW DRAFT — under legal review. This document is a good-faith draft pending review by qualified legal counsel. By using Tokonomix you agree to these provisions as a binding contract; substantial changes will be communicated by email and accompanied by a version bump. Last updated: 2026-06-01.

These Terms of Service ("Terms") govern your use of the Tokonomix platform, website, API, and related services (collectively, the "Service") operated by Tokonomix B.V., a private limited company incorporated under the laws of the Netherlands (registered with the Dutch Chamber of Commerce under KvK number <KVK_NUMMER>, VAT identification number <BTW_NUMMER>, hereinafter "Tokonomix", "we", "us", or "our").

By creating an account, generating an API key, or otherwise accessing the Service you ("Customer", "you") accept these Terms in full. If you do not accept them, do not use the Service.

1. Definitions

Account — the customer record we maintain about you, identified by an email address and protected by credentials you control.
API Key — a confidential bearer token (tok_live_...) issued from your Account that authenticates programmatic requests against the Service.
Credits — the prepaid balance held against your Account, denominated in euro, that we deduct as you consume Service capacity.
Models — third-party large-language-model endpoints (Anthropic, OpenAI, Google, OVHcloud, and others) which we route requests to on your behalf.
Output — text, structured data, code, or other artifacts that a Model returns in response to your prompts.
Prompt — the input you submit to the Service for transmission to a Model.

2. Account & Eligibility

You must be at least sixteen (16) years old, have the legal capacity to enter into a binding contract, and not be located in a jurisdiction subject to embargo by the European Union or the Kingdom of the Netherlands.

You are responsible for the accuracy of the information you provide and for keeping your credentials, API Keys, and second-factor recovery codes confidential. You must notify us without undue delay at support@tokonomix.ai of any unauthorized use.

We may suspend or terminate accounts that we reasonably believe were created under false identity, with stolen payment instruments, or for resale of API Keys to undisclosed third parties.

3. Acceptable Use

You may not, and may not permit others to:

use the Service in violation of any applicable law, including export control, data-protection, sanctions, intellectual-property, and consumer protection law;
use the Service to generate or distribute content that is unlawful, defamatory, harassing, threatening, sexually explicit involving minors, or designed to facilitate violence, weapons of mass destruction, or critical infrastructure attacks;
attempt to discover or extract proprietary Model weights, training data, or system prompts;
circumvent rate limits, abuse-detection mechanisms, or per-account restrictions through key rotation, account stuffing, or proxy networks;
resell or sublicense raw Model access in a manner that conceals from end users the involvement of third-party Model providers.

Model-provider pass-through. Each upstream Model provider imposes its own acceptable-use policy. By using the Service you agree to the corresponding policies of Anthropic, OpenAI, Google, and OVHcloud as they apply to traffic you route through us. We may, without prior notice, refuse or filter requests that would breach those policies.

4. Payment, Credits & Refunds

The Service operates on a prepaid Credit model. Credits are purchased through Mollie B.V., our payment processor, denominated in euro, and applied against your Account on settlement of the corresponding payment. All prices are exclusive of VAT unless stated otherwise.

Each API call consumes Credits according to the upstream Model's token-based unit price, multiplied by our published margin (see the pricing page for the current schedule). Consumption is metered server-side; the resulting deduction is final and audit-logged.

Refunds. Unused Credits remain available for at least twelve (12) months from the date of purchase. You may request a pro-rata cash refund of unused Credits at any time before that period expires by writing to billing@tokonomix.ai; we will process the refund through the original payment method within fourteen (14) days. We do not refund Credits that have already been consumed, nor do we refund consumption attributable to compromised API Keys that you failed to revoke after becoming aware of the compromise.

Consumers domiciled in the European Union retain their statutory fourteen-day right of withdrawal under Directive 2011/83/EU. By starting to consume Credits you expressly request immediate performance and acknowledge that the right of withdrawal lapses for consumed portions.

5. Intellectual Property

Your content. You retain all right, title, and interest in your Prompts and in the Outputs you receive. You grant us a limited, non-exclusive, royalty-free license to process Prompts and Outputs solely to operate the Service, debug technical incidents, and meet our obligations under Section 6 of our Privacy Notice.

Our platform. We retain all right, title, and interest in the Service itself, including the website, the API surface, our routing and metering software, our benchmarking methodology, and the comparison content we publish at tokonomix.ai/models and adjacent pages. Nothing in these Terms transfers ownership of the platform to you.

Third-party Models. Outputs are generated by third-party Models. We make no claim of authorship over Outputs and we cannot, and do not, warrant that any particular Output is free from third-party intellectual-property claims. Upstream Model providers may impose their own terms on Output use; those terms apply to you directly.

6. Limitation of Liability

To the maximum extent permitted by mandatory law:

our aggregate liability under or in connection with the Service is capped at the total fees you paid to Tokonomix in the three (3) months immediately preceding the event giving rise to the liability;
we are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost revenue, lost data, or lost business opportunity, even if we were advised of the possibility of such loss;
nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded under Dutch law.

We provide the Service "as is" and "as available". We disclaim, to the maximum extent permitted by law, all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Termination & Data Export

You may terminate your Account at any time from your Dashboard. Upon termination we revoke all API Keys, stop accepting new requests, and process your unused Credits in accordance with Section 4.

We may terminate or suspend your Account immediately on written notice if you materially breach these Terms, if continued operation creates a disproportionate legal risk for us, or if a competent authority orders us to do so.

For thirty (30) days after termination you may request, at no cost, a machine-readable export of your Account metadata (profile, billing history, usage logs) by writing to support@tokonomix.ai. After that period we delete or anonymize your data on the schedule described in Section 6 of our Privacy Notice, subject to statutory retention obligations.

8. Governing Law, Disputes & Privacy

These Terms are governed by, and construed in accordance with, the laws of the Netherlands, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court of Amsterdam, the Netherlands, unless mandatory consumer-protection rules of your country of residence designate a different forum. EU consumers may also use the Online Dispute Resolution platform of the European Commission.

Our processing of your personal data is described in our Privacy Notice, which forms an integral part of these Terms. To the extent any provision of these Terms conflicts with the Privacy Notice, the Privacy Notice prevails for matters of data protection.

Contact. Tokonomix B.V., KvK <KVK_NUMMER>, VAT <BTW_NUMMER>. General enquiries: support@tokonomix.ai. Legal notices: legal@tokonomix.ai.