Terms of Service
By clicking, "I Accept," below, or by using this service (the "Service") made available by Pacific Technologies Inc. ("Pacific") you agree to be bound by the terms and conditions of this Access Agreement (this "Agreement") and agree this Agreement applies as of the date that you first used the Service. This Agreement will govern your access to the Service unless you have executed a separate agreement with Pacific.
1. Rights
Subject to the terms and conditions of this Agreement, Pacific grants to you a limited, royalty-free, non-exclusive, non-transferable, revocable right to use the Service solely for internal business and evaluation purposes. You will not copy, distribute, reverse engineer, sell, rent, lease, sublicense or otherwise transfer or make the Service or any portion thereof available to any third party. Except as expressly granted in this Agreement, Pacific reserves, and you acknowledge and agree that as between the parties Pacific owns, all right, title, and interest in the Service and in later beta and commercial versions of the Service, including all worldwide intellectual property rights therein. You acknowledge and agree that all feedback, comments and suggestions for improvements ("Feedback") you provide will be the sole and exclusive property of Pacific.
2. Beta Version/No Warranty
You acknowledge and agree that: (a) the Service is not an official product or service and has not been commercially released; (b) the Service (or parts thereof) may not operate properly, be in final form or be fully functional; (c) the Service may contain errors, design flaws or other problems; (d) use of the Service may result in loss of data or communications, project delays or other unpredictable and unexpected damage or loss; and (e) Pacific is under no obligation to release a commercial version of the Service. THE SERVICE IS PROVIDED "AS-IS". PACIFIC DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.
3. Customer Data
As between you and Pacific, you own and retain all right, title and interest in and to all information, data or materials that you provide or upload through the Service ("Customer Data"). Pacific may use and modify your Customer Data to provide and improve the Service. You and will indemnify, defend and hold harmless Pacific and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your Customer Data.
4. Limitation on Liability
IN NO EVENT WILL PACIFIC OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES FOR LOST PROFITS, LOST SAVINGS OR LOST DATA OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE EVEN IF PACIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
5. Confidentiality
You acknowledge that you may have access to confidential and proprietary information relating to the Service, and any features or information relating to or produced by the Service ("Confidential Information"). You agree to refrain from disclosing Pacific's Confidential Information to any third party or using our Confidential Information except as necessary for the performance of this Agreement.
6. Termination
This Agreement will continue in effect until terminated. Either party may terminate this Agreement for convenience at any time, with or without cause, upon written notice to the other party (email to be sufficient). The provisions of Sections 2, 3, 4, 5, 6, and 7 will survive any termination or expiration of this Agreement.
7. General
You may not assign by operation of law or otherwise any of your rights under this Agreement; any attempted assignment will be null and of no effect. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, communications and understandings with respect to the Service and shall be construed in accordance with the laws of the State of California (excluding its body of law controlling conflicts of law). Any legal action arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to personal jurisdiction and venue therein. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect. The waiver of any breach will not constitute a waiver of any other right or of any subsequent breach.
8. OpenRouter Addendum
8.1 Scope.
This Section 8 applies only to access to the Pacific API (including the extraction API served from api.pacific.app) through OpenRouter, Inc. ("OpenRouter"), and to the users who access it there. For that access, this Section 8 controls over any conflicting provision of this Agreement.
8.2 Use through OpenRouter.
OpenRouter may make the Pacific API available to its users, and those users may use it for production, commercial and internal business purposes, including in products and services they offer to others, subject to this Section 8 and OpenRouter's terms. The API is a commercially released service; the warranty disclaimer in Section 2 continues to apply.
8.3 Fees and billing.
Usage is priced per token as shown in Pacific's OpenRouter model listing at the time of use. OpenRouter bills its users, and users pay OpenRouter, not Pacific. Pacific meters usage by token and page counts. Rate and concurrency limits apply per OpenRouter key, and requests over those limits may be rejected.
8.4 No training; limited retention.
Pacific does not use documents, prompts or other content submitted through OpenRouter, or the extracted values and citations returned, to train, fine-tune or otherwise improve any artificial intelligence or machine learning model. Pacific keeps that content only as long as needed to complete the request: the submitted document is deleted when the extraction finishes, the result is deleted within one hour, and Pacific keeps only usage metadata (such as token and page counts, timestamps and request identifiers) for billing, rate limiting and abuse prevention. Details are in the OpenRouter section of our Privacy Policy at pacific.app/privacy.
8.5 Output.
As between the user and Pacific, the user owns the structured output and citations the API returns for their requests, and Pacific assigns to the user any right, title and interest it has in that output. Output is generated by machine learning systems, may contain errors and should be reviewed before it is relied on. Pacific retains all rights in the API, its models and its underlying technology.
8.6 Acceptable use and suspension.
Users will not use the API to process content they do not have the right to submit; violate any applicable law, including privacy, export control and sanctions laws; infringe the rights of others; disrupt or circumvent the security, rate limits or metering of the API; submit malware; or systematically collect output to train a competing extraction model. Pacific may suspend or limit access where reasonably necessary to address a violation, a security risk or non-payment.
8.7 Liability cap.
IN ADDITION TO SECTION 4, PACIFIC'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO USE OF THE API THROUGH OPENROUTER WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID FOR THAT USE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
8.8 OpenRouter's terms.
A user's relationship with OpenRouter, including its pricing, billing, refunds and routing, is governed by OpenRouter's own terms, and Pacific is not responsible for OpenRouter's services. This Section 8 survives termination to the extent needed to give effect to it.