Terms of service

1. Introduction and acceptance

These Terms of Service (the "Terms") are an agreement between you and Avancer, Inc. ("Avancer", "we", "us" or "our"). They govern your access to and use of Perspicax, including the website at perspicax.io, the Perspicax web app, the Perspicax API and related services (together, the "Service").

By using the Service, creating an account, buying a plan or using an API key, you agree to these Terms. Our Privacy policy, our Cookies and session recording notice and our Refund policy also apply. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you accept these Terms for that organization and confirm that you have the authority to do so. In that case, "you" includes the organization.

2. Who we are

Perspicax is a company of the avancer.ai research lab. The legal entity that provides the Service and enters into these Terms with you is Avancer, Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States.

You can reach us at [email protected] or through our contact page.

3. Definitions

• "Account" means the account you create to use the Service.
• "Guest" means anyone who uses the Service without signing in.
• "Image" means any image or other file you upload or submit to the Service.
• "Scan" means one analysis of one Image by our detector.
• "Result" means the assessment the Service returns for a Scan.
• "Plan" means the level of access you use: Guest, Free, Pro, Team or Enterprise, as described on our pricing page.
• "Credits" means prepaid units used to run Scans through the API.
• "API key" means a credential we issue so that your software can use the API.

4. Eligibility

You must be at least 16 years old to use the Service. To buy a Pro or Team subscription or API Credits, you must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract.

You may not use the Service if the law, including sanctions or export control laws, prohibits you from doing so.

5. Accounts and sign-in

You sign in with just your email: we send a one-time code to your email address, and there are no passwords. A sign-in session lasts up to one year, or until you sign out.

• Give accurate information and keep your email address up to date.
• Keep your email account secure. Anyone who can read your email may be able to sign in as you.
• You are responsible for everything that happens under your Account and your API keys.
• Do not share your Account, and do not create several Accounts to get around quotas.
• Tell us at [email protected] straight away if you think someone has used your Account or an API key without permission.

When you sign up or sign in, your earlier Guest visits, Scans and activity in the same browser are linked to your Account. Our Privacy policy explains how this works.

6. The service and its limits

Perspicax analyzes still images and estimates whether they were fully generated by an AI model. The analysis is done by our own detector.

Each Result falls into one of three bands: likely AI-generated, inconclusive or likely real.

• Results are probabilistic assessments, not proof. The detector can be wrong in both directions: it can label a real photo as likely AI-generated, and it can miss an AI-generated image.
• Inconclusive is not a finding. An inconclusive Result means the detector could not reach a confident answer either way.
• Scope. Perspicax is built for fully generated, photo-like still images. It is not designed to detect edits to real photos, and it does not analyze video or documents. Results for Images outside this scope are not reliable.
• Conditions matter. Results can be affected by factors such as compression, resizing, screenshots, heavy editing and new image generators.
• File size. Each upload can be up to 20 MB.

We keep working on the Service, and we may change, add or remove features, models and limits at any time. We do not promise that the Service will always be available or free of errors.

7. Plans, quotas and fair use

The Service is offered on the Plans below. Current prices and features are shown on our pricing page.

• Daily quotas reset at 00:00 UTC. Unused Scans do not carry over to the next day.
• A Scan that fails is not counted against your quota.
• Scanning the same Image again returns the earlier Result and is not counted.
• The Guest allowance is tied to an IP address, so people who share a network, such as an office or a school, may share it.

Fair use. Quotas are for normal use by the Account holder. We may apply rate limits, and we may limit or block activity that looks automated or abusive, or that is designed to get around quotas, for example by using several Accounts or rotating IP addresses.

We may change Plans and quotas. If a change reduces what your paid Plan includes, we will tell you before it applies to you.

8. Subscriptions and payment

• Prices and billing. Pro costs $20 per month or $200 per year, for one person. Team costs $25 per member per month or $250 per member per year. Both are billed in advance. Prices are in US dollars. Payments are processed by Stripe, and we never see or store your full card number.
• Automatic renewal. Pro and Team renew automatically at the end of each monthly or yearly period, and Stripe charges your payment method for the next period, until you cancel. By subscribing, you authorize these recurring charges.
• Cancellation. You can cancel at any time in your Account, through the Stripe customer portal. Cancellation stops future renewals. Your plan stays active until the end of the period you have paid for, and your team then continues on the Free plan.
• Price changes. We may change our prices. We will tell you before a new price applies to your subscription, and it will take effect from your next renewal after the notice. If you do not accept it, you can cancel before then.
• Taxes. Prices do not include taxes unless we say so. Where we must collect sales tax, VAT or a similar tax, it is added to the amount you pay.
• Failed payments. If a payment fails, Stripe may try again, and we may pause or end paid features until the payment succeeds.

Refunds are covered by our Refund policy.

9. API access and credits

Anyone can request API access at any time using our API access request form. Our staff review requests and enable access. We aim to do this quickly, but we do not guarantee a timeframe, and we may decline or limit any request.

• Credits. API use is paid for with prepaid Credits, bought per month or per year. Scans through the API use your Credits.
• Unused Credits. Credits are tied to the monthly or yearly period they were bought for. Unless we agree otherwise in writing, unused Credits do not carry over, cannot be transferred and have no cash value, except as set out in our Refund policy.
• API keys. Keep your API keys secret and do not put them in public code or apps. You are responsible for all use of your keys. If a key is exposed, tell us straight away so we can revoke it.
• Limits. Respect the rate limits and technical limits we set. We may throttle or suspend a key that harms the Service or other users.
• Separate agreements. If you sign a separate written agreement with us for Enterprise or API use, that agreement takes priority over these Terms where they conflict.

10. Acceptable use

You agree not to:

• use the Service or any Result to harass, threaten, shame, defame or discriminate against anyone;
• treat a Result as the sole proof that a person created or faked an image, or as the only basis for a decision that significantly affects someone, such as a disciplinary, employment, academic, legal or publishing decision;
• present a Result as a certification or guarantee by Perspicax or Avancer, or edit or show Results in a misleading way;
• upload Images you do not have the right to share, or that are unlawful, including child sexual abuse material and non-consensual intimate images;
• reverse engineer, decompile or try to extract our models, weights, thresholds or source code, or submit Images systematically to study, copy or defeat the detector, or to build a competing product;
• scrape, crawl or harvest the website, the app or Results, or use bots or other automated tools to access the Service other than through the API;
• exceed or get around quotas or rate limits, for example by using several Accounts, rotating IP addresses or sharing API keys;
• interfere with or overload the Service, probe or bypass its security, or access Accounts or data that are not yours;
• use the Service in a way that breaks any law or infringes anyone's rights.

If we believe you have broken these rules, we may remove content, limit your use, or suspend or close your Account, as described in section 17.

11. Your content and our license to process it

You keep all rights you have in your Images. We do not claim ownership of them.

You give us a worldwide, non-exclusive, royalty-free license to store, copy, process and analyze your Images and Results as needed to provide, secure and support the Service. We may use scan results and dispute reports to measure detection accuracy. We do not use your Images to train our models unless you opt in. This license ends when you delete the Image or your Account, except where the law requires us to keep it.

You confirm that you have the rights and permissions needed to upload each Image and to let us process it, including any consent needed from people who appear in it.

If you send us feedback, including a report that a Result is wrong, we may use it without any obligation to you.

12. Our intellectual property

The Service, including the Perspicax detector, models, software, website, design and documentation, and the Perspicax and Avancer names and logos, belongs to Avancer, Inc. or its licensors and is protected by law.

We give you a limited, personal, non-exclusive, non-transferable and revocable right to use the Service under these Terms. We do not give you any other rights. Open-source components we use are covered by their own licenses.

13. Privacy and session recording

Our Privacy policy explains what personal information we collect, how we use it and the choices you have.

We record visits. Every visit to the Perspicax website and app is recorded, including page changes, clicks, scrolls, mouse movement and typed text. Passwords, one-time codes, card fields and secrets are masked in your browser. With each session we store your IP address, browser and device, country, referrer and campaign parameters. Where the law requires consent, recording may depend on your choice in a consent banner. Our Cookies and session recording notice gives the details.

14. Disclaimers

The Service and all Results are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy.

We do not promise that any Result is correct, that the detector will identify every AI-generated image, or that the Service will be uninterrupted, secure or error-free. You are responsible for how you use Results and for any decision you make based on them.

Some places do not allow certain disclaimers. In those places, these disclaimers apply only as far as the law allows.

15. Limitation of liability

To the fullest extent permitted by law, Avancer, Inc. and its affiliates, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or reputation, arising out of or related to the Service, any Result or these Terms, even if we were told such damages were possible.

To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim, or USD 100 if you paid nothing.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

16. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Avancer, Inc. and its affiliates, officers, employees and agents from any claims, losses, liabilities, damages and costs, including reasonable legal fees, arising from your Images, your use of the Service or of Results, your breach of these Terms, or your violation of any law or anyone else's rights.

17. Suspension and termination

You can stop using the Service at any time, and you can delete your Account in the app. Deleting your Account deletes its Images, API keys and recordings, and cancels your Stripe subscription.

We may suspend or close your Account, revoke API keys or block access if you break these Terms, if the law requires it, if your use creates risk or harm for us or others, or if we stop offering the Service or part of it. Where it is reasonable, we will tell you first.

If we stop offering the Service, we will refund the unused part of any prepaid fees. If we close your Account because you broke these Terms, you are not entitled to a refund. In other cases, our Refund policy applies.

Sections that by their nature should continue after your use ends will continue, including those on acceptable use, your content, our intellectual property, disclaimers, limitation of liability, indemnity and governing law.

18. Changes to these terms

We may update these Terms from time to time. We will post the new version on this page with a new "Last updated" date. If a change is material, we will tell you by email or in the app before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and cancel any subscription.

19. Governing law and general terms

These Terms, and any dispute arising out of or related to them or the Service, are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and you and we agree to their jurisdiction.

If you are a consumer, you may also have rights under the mandatory laws of the place where you live. Nothing in these Terms takes those rights away.

Before starting a formal claim, please contact us at [email protected] so we can try to resolve the issue informally.

If any part of these Terms is found unenforceable, the rest remains in effect. If we do not enforce a provision, that is not a waiver. You may not transfer these Terms without our written consent; we may transfer them as part of a merger, acquisition or sale of assets. These Terms, together with the policies they refer to and any separate written agreement with us, are the entire agreement between you and us about the Service.

20. Contact us

Questions about these Terms? Contact us:

Avancer, Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States

Email: [email protected], or use our contact page.