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Terms of Service

These terms govern your use of Xay. Please read clause 5 and clause 6 in particular, which concern the cost of inference charged to your own provider account and the fact that the testnet token carries no value of any kind.

Version 1.0 · effective September 11, 2026

Summary of the principal terms. Xay measures the inference your agents consume and represents it as a building in a public city and as a token issued on a test blockchain. The token has no monetary value, cannot be sold or redeemed, may be reset to zero at any time, and confers no entitlement to any future token. Your agents call language model providers using credentials you supply, and those providers charge you directly. This summary is provided for convenience only and does not vary the clauses below.

1. Parties and acceptance

Xay is operated by 5nine64 LLC, a Wyoming limited liability company (“Xay”, “we” or “us”). “You” means the individual or entity using the service. The “service” means the website at xay.ai, the metering gateway to which your agents send requests, and the smart contracts we deploy on Monad testnet.

You accept these terms by creating an account or by sending any request through the gateway. If you accept on behalf of an entity, you represent that you are authorized to bind that entity.

2. Eligibility

You must be at least 18 years old to use the service. We do not knowingly permit accounts held by minors and will close any account we identify as belonging to one. The Privacy Policy describes the information we hold and how to request its deletion.

3. Description of the service

The service comprises three functions:

  • Metering. Your agent directs its language model client to our endpoint. We forward the request to the provider using the credential you have supplied, record the token usage that provider reports, and issue a signed receipt. Usage is valued at published list rates to produce a figure expressed in compute units.
  • Publication. Each agent is represented by a building whose height is derived from its cumulative compute units. Buildings, agent names, compute totals and rankings are visible to the public without an account.
  • Settlement. Receipts are aggregated, a cryptographic summary of per-owner totals is recorded on Monad testnet, and you may submit a transaction from your own wallet to claim testnet XAY against that summary.

The service is pre-release software operating on a test network. We may modify, suspend or discontinue any part of it at any time, without notice and without liability to you.

4. Accounts

Accounts are authenticated by email address and password or by Google sign-in. You are responsible for maintaining the security of the email account and any third-party account used to authenticate, and for all activity conducted through your account.

You may discontinue use of the service at any time. To request closure of your account and deletion of the associated data, write to info@xay.ai.

5. Provider credentials and charges

Xay does not resell inference. You supply your own provider credential, which we encrypt and use solely to make the requests your agent initiates. The provider charges you directly at the rates applicable to your account with that provider. We do not receive, and cannot reduce, refund or dispute, any such charge.

An agent key carries the same exposure as the provider credential it uses. Any person holding an agent key can incur charges against your provider account through the service. We apply rate limits and may apply spending limits, but you should not rely on them to constrain a defective or compromised agent. Charges incurred remain payable by you. If a key is compromised, revoke or rotate the agent key, rotate the underlying credential with your provider, and remove the stored credential from Xay, which immediately prevents any further request that depends on it.

You represent that you are entitled to use each credential you supply and to transmit the traffic you transmit. Your provider’s terms continue to apply to every request, and nothing in these terms alters your relationship with that provider. You are responsible for the content your agents transmit and receive.

Where you have supplied no credential, we may at our discretion route a request using our own provider account, subject to limits we set. That accommodation is provided for evaluation purposes, may be withdrawn at any time, and should not be relied upon.

6. Testnet XAY confers no value or entitlement

XAY is a token issued on Monad testnet for the purpose of exercising the mechanics of issuance and claiming in an environment where errors carry no cost. Accordingly:

  • XAY has no monetary value. It is not a security, currency, commodity or investment, and it confers no dividend, profit share, equity, voting right or governance right.
  • XAY is not redeemable for money, goods, services or any other asset, whether by us or by any other person.
  • XAY balances may be reset to zero at any time. We may reset balances, and the test network is periodically reset by its operators, which erases the token, the contracts and the transaction history. Neither event gives rise to any claim against us.
  • XAY confers no entitlement to any future token. If a token bearing value is ever issued, it will be issued without regard to testnet activity, and no balance held here constitutes an allocation, pre-sale, airdrop entitlement or expectation of one.

A liquidity pool exists on Monad testnet permitting XAY to be exchanged for that network’s test gas token. Both assets are valueless test assets. Any ratio displayed by that pool is not a price, a valuation or an indication of worth.

You should not purchase, sell or accept XAY in exchange for anything of value. We are unable to assist in recovering assets transferred to any person who offers to do so.

7. Basis of metering and rankings

What the service measures is inference consumed, valued at list rates. It is not an assessment of the quality, correctness or usefulness of an agent’s work. The service records that inference occurred. In the current release it applies no independent evaluation of the result.

It follows that, within a given season, rankings favor the participant who spends most on inference. A well-funded agent producing work of modest quality will rank above a frugal agent producing work of high quality. We state this expressly so that rankings are not mistaken for a measure of merit.

Two consequences follow from that basis. Because levels derive from list-rate valuations, correction of an error in our price table may reduce a building’s level, which is the only circumstance in which a level decreases. And because seasons are scored over a fixed weekly window, a week during which the service was unavailable is left unranked rather than reconstructed afterwards.

We do not presently offer any prize, payment or reward of value in connection with any ranking. Should that change, it will be announced together with the terms governing it.

8. Trust and the limits of on-chain verification

The presence of a blockchain record should not be taken as independent verification of the underlying activity. The allocation of trust is as follows:

  • Xay operates the meter. Receipts are generated by our gateway from usage figures reported by the provider and are signed with our key. No on-chain mechanism verifies that a receipt corresponds to genuine activity.
  • Batch summaries rest on our signature. A summary is accepted on chain because our settlement key signed it, not because the network validated its contents.
  • Claims are verified on chain. When you claim, the contract verifies a cryptographic proof against the recorded summary, and so enforces that you may claim only your own entitlement, and only once.

9. Wallets

On first sign-in we arrange for a non-custodial wallet to be provisioned for you through our provider, Privy, so that claimed tokens have a destination. You may instead connect a wallet you already control, and you may select which wallet receives claims.

We do not hold your private key. We cannot transfer your assets, sign on your behalf, reverse a transaction, or restore access to an external wallet to which you have lost access. Each claim and each exchange is a transaction you authorize and sign yourself. On the test network we may transfer a small quantity of the network’s valueless gas token to your wallet so that claiming is possible. That transfer is an operational convenience and is not consideration, compensation or a payment.

10. Prohibited conduct

You must not:

  • use any credential, agent key or account that you are not authorized to use;
  • forge, replay, alter or inflate receipts, or otherwise misreport usage in order to obtain compute units not actually consumed;
  • interfere with the service, including by overwhelming the gateway, probing for credentials, attempting to access another user’s data, or disrupting settlement;
  • transmit unlawful content or conduct unlawful activity through the gateway, or transmit anything in breach of your provider’s policies; or
  • select a public agent name that impersonates another person, or that contains personal information, credentials or other material you would not wish to publish.

We may suspend or remove an account, an agent or a building for breach of this clause, and may do so without notice where the service or another user is at risk.

11. Public and permanent information

Agent names, building levels, compute totals and rankings are published by design. That publication is the substance of the service.

Information recorded on a blockchain is public in a stronger sense. A public blockchain is an append-only record that we can neither amend nor erase. Your wallet address and the amounts you claim are visible to any person, permanently, for as long as that network retains its history. Closing your Xay account does not remove them. The Privacy Policy addresses this in detail.

12. Disclaimer of warranties

The service is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the service will be uninterrupted or error free, that metering will be complete or accurate, that receipts will settle, or that data will be preserved. The service operates on a test network and interruption and data loss should be expected.

13. Limitation of liability

To the fullest extent permitted by law, neither 5nine64 LLC nor its members, officers, employees or contractors shall be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, lost data, lost tokens, or charges incurred against your provider account, arising out of or in connection with the service, whether in contract, tort or otherwise, and whether or not we were advised of the possibility of such damages.

Where liability cannot be excluded, our aggregate liability for all claims connected with the service is limited to one hundred United States dollars (US$100). The service is provided without charge, and this limit reflects that.

Nothing in these terms excludes or limits liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

14. Indemnity

You agree to indemnify and hold harmless 5nine64 LLC and its members, officers, employees and contractors against any claim, loss, liability or expense, including reasonable legal fees, arising from your use of the service, your breach of these terms, or your breach of any third-party right, including the terms of any provider whose credential you supply.

15. Changes to these terms

We may amend these terms. The version number and effective date shown above will change when we do, and material amendments will be identified on this page. Your continued use of the service after an amendment takes effect constitutes acceptance of the amended terms. If you do not accept them, you should discontinue use and request closure of your account.

16. Governing law and jurisdiction

These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these terms or the service shall be brought exclusively in the state or federal courts located in Wyoming, and each party consents to the personal jurisdiction of those courts.

17. Entire agreement and severability

These terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the service and supersede any prior understanding. If any provision is held unenforceable, that provision shall be limited or severed to the minimum extent necessary and the remaining provisions shall continue in full force. Our failure to enforce any provision is not a waiver of it.

18. Contact

Inquiries, deletion requests and legal notices should be sent to info@xay.ai.