Effective: August 1, 2026
These Terms of Service ("Terms") form a binding agreement between Viro Climate Action, Inc. ("Viro," "we," "us," or "our") and the person or entity accessing or using the Service ("Customer," "you," or "your").
Please read these Terms carefully. By creating an account, purchasing API credits, generating an API key, clicking to accept these Terms, or accessing or using the Service, you agree to these Terms.
If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
These Terms govern your access to and use of:
collectively, the "Service."
These Terms incorporate by reference Viro's:
If you have entered into a separate written order form, enterprise agreement, data processing agreement, or other signed agreement with Viro, that agreement will control to the extent it expressly conflicts with these Terms.
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service.
The Service is intended primarily for business, professional, and developer use. You may not use the Service if you are prohibited from doing so under applicable law.
Viro provides access to artificial intelligence models and related capabilities through an API and developer platform. The Service may include:
The API is designed to be generally compatible with certain OpenAI API formats. Compatibility does not mean that every OpenAI endpoint, parameter, model behavior, SDK feature, or response format will be supported or behave identically.
Viro may provide access to models and infrastructure operated by third-party model developers, cloud providers, data-center operators, and inference providers ("Providers").
Viro generally does not develop or train the underlying third-party models. Model availability, functionality, safety systems, context limits, output quality, latency, and behavior may be determined partly or entirely by the applicable Provider.
Your use of a particular model may also be subject to model licenses, acceptable-use requirements, geographic restrictions, or other Provider requirements identified in our documentation or otherwise communicated to you. You agree to comply with those requirements to the extent they apply to your use.
Viro may add, remove, replace, rename, update, or change models and Providers at any time. We will use reasonable efforts to provide advance notice of material model deprecations when practical, but Provider-driven changes may occur without advance notice.
Viro may offer automated routers, including routes such as:
viro/optimizedviro/frontierviro/clean.A router may select a model or Provider based on factors such as:
Router selection may vary between otherwise similar requests and may change as models, pricing, availability, and routing methods evolve.
Using a router does not guarantee that any particular model or Provider will be selected. If you require a particular available model, you should request that model directly rather than using an automated router.
Unless otherwise stated in the applicable documentation, Viro is not required to disclose its routing algorithms, internal rankings, classification methods, or weighting criteria.
Where supported, a request may use an alternate model or Provider if the requested model is unavailable, rate-limited, incompatible with the request, or experiencing an error.
Fallback behavior may depend on the model, router, account settings, and request configuration. You are responsible for configuring fallback preferences appropriately for your application.
You may use the Service to develop and operate your own websites, software, products, or applications ("Customer Applications") and make their functionality available to your users ("End Users"), subject to these Terms.
You are responsible for:
You may not represent that Viro sponsors, endorses, certifies, or operates your Customer Application unless Viro has agreed to that representation in writing.
You may not resell, sublicense, share, or provide raw access to your Viro account or API keys. You may not operate a substantially unmodified passthrough or competing API-resale service using the Service unless Viro has expressly authorized that use in writing.
This restriction does not prevent you from incorporating the Service into a Customer Application that provides meaningful additional functionality to End Users.
You must provide accurate and complete account information and keep it current.
You are responsible for maintaining the confidentiality and security of:
API keys may be displayed in full only when created. Viro may store API keys only in hashed or otherwise protected form and may be unable to recover a lost key.
You must not:
You are responsible for activity and charges incurred through your account and API keys, whether or not you personally authorized that activity, except to the extent the activity directly resulted from Viro's failure to use reasonable security measures for the Service.
You must notify Viro promptly at nick@viro.app if you believe an account or API key has been lost, exposed, or compromised. Viro may revoke or rotate a key when we reasonably believe doing so is necessary to protect you, Viro, a Provider, or another person.
The Service uses a prepaid billing model. You may purchase usage credits ("Credits") through Stripe or another payment method made available by Viro.
Credits represent a limited contractual right to use eligible portions of the Service. Credits:
Unless a different term is clearly disclosed when purchased, paid Credits do not expire while your account remains open and in good standing. Promotional Credits may expire or be subject to additional conditions disclosed when they are issued.
Payments are processed by Stripe or another third-party payment processor. Your payment transaction may also be governed by the payment processor's terms and privacy policy.
You authorize Viro and its payment processor to charge your selected payment method for the amount of Credits you purchase, together with any applicable taxes or fees.
All prices are stated in U.S. dollars unless otherwise indicated.
Usage may be measured using one or more of the following:
Viro's usage records will control for billing purposes unless you demonstrate a material error in those records.
Token counts and usage measurements may be supplied by the applicable Provider and may differ from estimates produced by third-party tokenizers, SDKs, or local tools.
Viro may temporarily reserve a portion of your Credit balance when a request begins. After the request completes or fails, Viro may reconcile the reservation against actual measured usage and release any unused reserved amount.
A reservation is not itself a final charge.
For streaming and long-running requests, usage may be incurred before the complete response is delivered.
If:
you may still be charged for the tokens, images, compute, tools, or other resources actually processed before termination.
A request that fails before billable processing occurs will not be charged. If a failed request nevertheless incurred measurable Provider usage or delivered a partial result, Viro may charge only for the usage actually incurred.
Current pricing is published through the Viro website, console, or documentation.
Viro may change pricing prospectively. Pricing changes will apply only to usage occurring after the new price takes effect and will not retroactively change completed usage.
We will use reasonable efforts to provide advance notice of material price increases when practical. Provider price changes, corrections, taxes, or urgent operational changes may take effect with shorter notice.
Prices do not include applicable sales, use, value-added, goods and services, withholding, or similar taxes unless expressly stated otherwise.
You are responsible for applicable taxes, except taxes based on Viro's net income. Viro may collect taxes where required by law.
Credit purchases are generally final and non-refundable once added to your account, except:
You must report suspected billing errors within 30 days after the charge or usage event appears in your account. Failure to report an error during that period may limit our ability to investigate it, except where applicable law requires a longer period.
Promotional Credits have no cash value and are not refundable.
If a payment is reversed, disputed, charged back, fraudulent, or otherwise not successfully collected, Viro may:
You remain responsible for usage funded by a payment that is later reversed.
Viro may reject or stop a request if your available balance is insufficient to cover estimated or actual usage.
If you configure a spend limit, rate limit, or usage alert, those controls are provided as administrative tools and may not operate instantaneously. You remain responsible for usage incurred before a limit takes effect.
"Customer Content" means prompts, messages, files, images, instructions, tool inputs, and other content that you submit to the Service.
"Output" means content generated and returned by the Service in response to Customer Content.
As between you and Viro, you retain your ownership rights in Customer Content.
Subject to applicable law, these Terms, and any applicable Provider or model-license restrictions, Viro assigns to you any rights Viro may have in Output generated specifically for you.
Viro does not claim ownership of your Customer Content or Output.
You grant Viro and its service providers a worldwide, non-exclusive, limited license to host, transmit, reproduce, process, and otherwise use Customer Content only as reasonably necessary to:
This license ends when it is no longer reasonably necessary for those purposes, subject to legally required retention and ordinary backup or security processes described in our Privacy Policy.
You represent and warrant that:
Output may:
Viro does not guarantee that Output is unique, correct, non-infringing, or eligible for intellectual-property protection.
You are responsible for reviewing Output and determining whether and how it may lawfully and safely be used.
Viro does not use Customer Content or Output to train Viro or third-party foundation models unless you expressly opt in or separately agree in writing.
Customer Content must be transmitted to and processed by the Providers necessary to complete your request. Provider processing practices may vary by model and service configuration.
Viro's collection, processing, retention, and deletion practices are described in the Privacy Policy and applicable documentation.
Unless Viro has expressly agreed otherwise in writing, you must not submit data requiring specialized regulatory or contractual safeguards, including:
The Service is not a substitute for your own legal, privacy, security, or regulatory compliance program.
Execution of a data processing agreement does not by itself mean the Service is suitable for every category of sensitive or regulated data.
You must comply with Viro's Acceptable Use Policy and all applicable laws.
You may not:
Viro may investigate suspected violations and cooperate with Providers, affected parties, and lawful government requests where appropriate.
You are responsible for determining whether your use is subject to laws governing artificial intelligence, automated decision-making, consumer protection, employment, housing, credit, insurance, education, health care, biometric data, or other regulated activities.
You must not rely on Output as the sole basis for decisions that determine a person's eligibility for or access to:
unless your use is lawful and includes appropriate testing, disclosures, safeguards, appeal processes, and meaningful human oversight.
Output is not professional legal, medical, accounting, investment, tax, or safety advice.
The Service may permit a model to invoke tools, functions, or external services.
Viro-operated tools may include capabilities such as viro:web_search and viro:web_fetch, which retrieve information from the public internet during a request.
Third-party content retrieved through these tools:
You are responsible for:
Viro is not responsible for an action taken by your code, agent, End User, or third-party tool merely because that action was proposed or initiated through model Output.
Viro may provide environmental labels, routing categories, energy-source information, emissions estimates, avoided-emissions estimates, renewable-energy information, or related reporting.
When you use a route identified as viro/clean, Viro intends to route the request only to models and Providers that Viro currently classifies as satisfying the applicable clean-energy eligibility criteria.
Those criteria may be based on:
If no eligible clean route is available, the request may fail unless you have affirmatively enabled a fallback that permits a broader routing category.
Viro will not knowingly use a non-eligible Provider for a viro/clean request without an applicable customer-authorized fallback or a clearly disclosed change to the route.
A statement that inference is powered by clean or renewable energy refers to the electricity sourcing or energy characteristics attributed to the applicable inference infrastructure under Viro's then-current methodology.
It does not necessarily mean:
Energy and emissions figures may be estimates derived from model usage, hardware assumptions, Provider data, grid factors, or other methodologies.
Environmental information is provided for transparency and operational reporting. Unless expressly agreed in writing, it is not:
Methodologies and underlying data may change as more accurate information becomes available. Viro may correct or restate environmental estimates when we identify an error or improve our methodology.
The Service is provided on a best-effort basis unless Viro has agreed to a separate service-level agreement in writing.
Viro does not guarantee:
Current service-status information may be published at console.viro.app/status.
Viro may impose or change rate limits, context limits, concurrency limits, file limits, and other technical restrictions to protect the Service, comply with Provider requirements, or allocate capacity.
Viro may identify certain features as alpha, beta, experimental, preview, early access, or evaluation features.
Those features may:
You use beta and preview features at your own risk and should not rely on them for critical production workloads unless Viro expressly states otherwise.
Viro may suspend or restrict your access if we reasonably believe:
We will make a reasonable effort to notify you before or promptly after a suspension when practical, unless notice would create additional risk, interfere with an investigation, or be prohibited by law.
You may stop using the Service at any time.
You may request account closure by contacting nick@viro.app. Account closure does not entitle you to a refund of unused Credits except where required by law or expressly agreed by Viro.
Viro may terminate these Terms or close your account:
Where practical, Viro will provide reasonable notice of termination not involving abuse, fraud, security risk, or legal compulsion.
Upon termination:
Sections that by their nature should survive termination will survive, including provisions concerning payment, intellectual property, confidentiality, disclaimers, indemnification, liability, disputes, and general legal terms.
Viro and its licensors retain all rights, title, and interest in and to:
Subject to these Terms, Viro grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the term of your account.
No rights are granted except those expressly stated in these Terms.
If you provide ideas, recommendations, bug reports, or other feedback about the Service, you grant Viro a perpetual, irrevocable, worldwide, royalty-free right to use, modify, disclose, reproduce, and incorporate that feedback without restriction or compensation.
This does not give Viro ownership of your Customer Content.
Each party may receive nonpublic information from the other that is identified as confidential or that reasonably should be understood to be confidential ("Confidential Information").
The receiving party will:
Confidential Information does not include information that the receiving party can demonstrate:
A party may disclose Confidential Information where legally required, provided it gives advance notice when legally permitted and reasonably assists with efforts to limit the disclosure.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, MODELS, PROVIDERS, TOOLS, ENVIRONMENTAL INFORMATION, CUSTOMER SUPPORT, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE."
VIRO AND ITS AFFILIATES, LICENSORS, AND PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
VIRO DOES NOT WARRANT THAT:
You are responsible for evaluating Output and maintaining appropriate backups, testing, monitoring, security, human oversight, and business-continuity measures.
Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Viro, its affiliates, and their respective directors, officers, employees, contractors, agents, licensors, and Providers from and against third-party claims, proceedings, damages, losses, liabilities, judgments, settlements, penalties, costs, and reasonable legal fees arising out of or relating to:
Viro will provide reasonable notice of an indemnified claim and may control its defense and settlement. You may not settle a claim in a manner that admits fault by Viro, imposes obligations on Viro, or fails to fully release Viro without Viro's written consent.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRO, ITS AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY:
OR FOR ANY LOSS OF:
ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF VIRO AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO VIRO FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The exclusions and limitations in this section apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose.
The liability cap does not limit your obligation to pay valid charges or your obligations under Section 20.
Nothing in these Terms excludes or limits liability to the extent it cannot legally be excluded or limited.
You are responsible for complying with all laws applicable to your use of the Service, Customer Applications, Customer Content, and Output.
This includes, where applicable, laws relating to:
You may not use or export the Service in violation of United States export-control or sanctions laws.
You represent that you are not located in, ordinarily resident in, or organized under the laws of a jurisdiction where use of the Service is prohibited, and that you are not identified on a government restricted-party list that would prohibit Viro from providing the Service to you.
Viro may modify the Service from time to time, including by adding, changing, or removing models, Providers, routes, features, interfaces, or usage limits.
We may also update these Terms. When we do, we will update the effective date.
For material changes, we will provide reasonable notice through email, the console, the Service, or another appropriate method.
Unless otherwise stated, updated Terms take effect on the date specified in the notice. Continued use of the Service after the updated Terms take effect constitutes acceptance of the updated Terms.
Changes required by law, related to new functionality, or necessary to address urgent security or abuse risks may take effect immediately.
These Terms and any dispute arising out of or relating to them or the Service will be governed by the laws of the State of California, without regard to conflict-of-law principles.
Before initiating formal proceedings, each party agrees to give the other written notice of the dispute and attempt in good faith to resolve it for at least 30 days.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration rather than in court, administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration will be conducted in Placer County, California, unless the parties agree otherwise or the arbitrator permits participation by videoconference.
The arbitrator, not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court retains authority to enforce the class-action waiver below.
Arbitration will proceed only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action, and the arbitrator has no authority to conduct a class, collective, or representative proceeding or to combine more than one person's claims. If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief will proceed in court, and every other claim will remain subject to arbitration.
Each party knowingly and voluntarily waives any right to a trial by jury for any dispute arising out of or relating to these Terms or the Service, including any dispute that is not subject to arbitration or that proceeds in court.
The state and federal courts located in Placer County, California will have exclusive jurisdiction over any dispute not subject to arbitration under this Section 24, and each party consents to personal jurisdiction and venue in those courts.
Viro may provide notices through email, the developer console, the Service, or the Viro website.
Legal notices to Viro must be sent to:
Viro Climate Action, Inc.
Email: nick@viro.app
You may not assign or transfer these Terms without Viro's prior written consent.
Viro may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or transfer of the Service.
Viro is not liable for delay or failure caused by events beyond its reasonable control, including:
These Terms do not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and Viro.
Except as expressly stated, these Terms do not create rights enforceable by third parties.
A failure to enforce a provision is not a waiver of the right to enforce it later.
If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
Headings are provided for convenience and do not affect interpretation.
These Terms and the documents incorporated into them constitute the entire agreement between you and Viro concerning the Service and replace prior or contemporaneous agreements on the same subject, except for a separately signed agreement.
Questions regarding these Terms may be sent to:
Viro Climate Action, Inc.
Email: nick@viro.app