Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NetfillX, Inc. ("NetfillX," "we," "us," or "our"), a company incorporated under the laws of the State of Texas, United States.

By creating an account, accessing our API, or using any portion of our platform at netfillx.com, you represent that: (a) you are at least 18 years of age or the legal age of majority in your jurisdiction; (b) you have the legal authority to enter into this agreement on behalf of yourself or the entity you represent; and (c) your use of the Service will comply with all applicable local, state, national, and international laws and regulations.

We reserve the right to update these Terms at any time. We will notify registered users of material changes via email or prominent notice on our platform. Continued use of the Service following notice of changes constitutes your acceptance of the revised Terms.

2. Description of Service

NetfillX provides a developer-first API platform for intelligent network fill-request routing. Our core services include:

• Fill-Request Routing API: Programmatic endpoints enabling clients to route network fill requests across multiple providers with sub-millisecond latency decision logic.
• Route Intelligence Engine: Real-time analysis of network conditions, provider availability, latency profiles, and cost parameters to optimize routing decisions.
• Analytics Dashboard: Web-based interface providing throughput metrics, latency histograms, provider performance comparisons, and routing audit logs.
• Webhook Integrations: Event-driven callbacks for route completions, failures, and threshold alerts.
• SDKs and Client Libraries: Official libraries for Python, Node.js, Go, and Java to facilitate API integration.

The Service is provided "as-is" subject to the availability commitments described in the Service Level Agreement section of these Terms. NetfillX reserves the right to modify, suspend, or discontinue features of the Service with reasonable notice to registered users.

3. API Usage and Rate Limits

Your use of the NetfillX API is subject to rate limits determined by your subscription plan. Rate limits are enforced per API key on a rolling window basis.

• Free Tier: 1,000 requests per day; 10 requests per second burst limit.
• Starter Plan: 100,000 requests per day; 50 requests per second burst limit.
• Growth Plan: 1,000,000 requests per day; 200 requests per second burst limit.
• Enterprise Plan: Custom limits negotiated at contract time; dedicated rate limit pools available.

Requests exceeding applicable rate limits will receive an HTTP 429 response. Persistent or intentional circumvention of rate limits — including but not limited to using multiple accounts or API keys to aggregate capacity beyond your plan — constitutes a material breach of these Terms and may result in immediate account suspension.

You are responsible for securing your API keys. You must not share keys publicly, commit them to public version control repositories, or embed them in client-side code. If you believe an API key has been compromised, you must rotate it immediately via your account dashboard and notify us at security@netfillx.com.

NetfillX may monitor API usage for abuse detection, billing verification, and service improvement purposes. Aggregate and anonymized usage statistics may be used in product analytics.

4. Account Registration

To access the NetfillX API and paid features, you must register for an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate.

You are solely responsible for:

• Maintaining the confidentiality of your account credentials, including your password and API keys.
• All activities that occur under your account, whether or not authorized by you.
• Immediately notifying NetfillX of any unauthorized use of your account at security@netfillx.com.

You may not create accounts through automated means, register accounts on behalf of individuals without their explicit consent, or create multiple accounts to circumvent usage limits or access restrictions. Organization accounts may invite team members, who become subject to these Terms upon acceptance of the team invitation.

NetfillX reserves the right to refuse account registration or suspend existing accounts at our sole discretion, including for suspected violations of these Terms.

5. Payment Terms

Paid subscription plans are billed on a monthly or annual basis, as selected at the time of plan activation. All fees are stated in United States Dollars (USD) and are exclusive of applicable taxes unless otherwise stated.

Billing and Invoicing: Subscriptions are billed in advance on the first day of each billing cycle. Invoices are generated automatically and delivered to your registered email address. Payment is due upon invoice generation.

Payment Methods: We accept major credit cards and ACH bank transfers for eligible accounts. Payment processing is handled by our third-party processor, Stripe, Inc., subject to their terms of service and privacy policy.

Overages: If your API usage exceeds the included volume of your subscription plan in any billing cycle, overage fees will be calculated at the per-request rate specified in your plan and billed at the end of that billing cycle.

Taxes: You are responsible for all taxes, duties, and levies imposed by any governmental authority on transactions under these Terms, excluding taxes on NetfillX's net income.

Refunds: Subscription fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement. We do not provide prorated refunds for early cancellation of monthly plans. Annual subscriptions canceled within 14 days of initial purchase may be eligible for a full refund at our discretion, provided no significant usage has occurred.

Delinquent Accounts: If payment is not received within 10 days of invoice due date, NetfillX may suspend access to the Service. Accounts delinquent by more than 30 days may be terminated. NetfillX reserves the right to charge interest on overdue balances at 1.5% per month or the maximum rate permitted by law, whichever is lower.

6. Intellectual Property

NetfillX Property: The NetfillX platform, API, documentation, software, algorithms, branding, trademarks, and all related intellectual property are owned exclusively by NetfillX, Inc. and are protected by United States and international intellectual property laws. Nothing in these Terms grants you ownership rights to any NetfillX property.

License Grant: Subject to your compliance with these Terms and payment of applicable fees, NetfillX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the API and platform solely for your internal business purposes in accordance with our documentation.

Your Content: You retain ownership of all data, content, and materials you submit through the Service ("Your Content"). By using the Service, you grant NetfillX a limited, non-exclusive license to process and store Your Content solely as necessary to provide the Service to you. NetfillX does not claim ownership of Your Content and will not use it for any purpose other than Service delivery.

Feedback: If you provide suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant NetfillX a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our products and services without restriction or compensation to you.

You may not copy, modify, reverse engineer, decompile, disassemble, or create derivative works of any portion of the NetfillX platform or API without express written permission from NetfillX.

7. Prohibited Uses

You agree not to use the NetfillX platform or API for any of the following purposes:

• Illegal Routing Activities: Routing network traffic in violation of applicable law, including unauthorized interception of communications, traffic hijacking, or activities that violate the Computer Fraud and Abuse Act (CFAA), Electronic Communications Privacy Act (ECPA), or equivalent legislation.
• Network Attacks: Conducting or facilitating distributed denial-of-service (DDoS) attacks, amplification attacks, packet flooding, port scanning without authorization, or any other form of cyberattack against third-party systems.
• Circumventing Controls: Attempting to bypass, defeat, or tamper with rate limiting, authentication, access controls, or security mechanisms of the NetfillX platform or any connected third-party service.
• Fraudulent Activity: Using the Service to engage in fraud, phishing, identity theft, credential stuffing, or any deceptive practices against end users or third parties.
• Malware Distribution: Using the API to route, distribute, or facilitate the delivery of malicious code, spyware, ransomware, or any harmful software.
• Spam and Unsolicited Communications: Routing bulk unsolicited messages, spam, or any communications prohibited by the CAN-SPAM Act, TCPA, or equivalent applicable law.
• Privacy Violations: Processing personal data through the Service in violation of GDPR, CCPA, or other applicable privacy regulations without appropriate legal basis and safeguards.
• Competitive Intelligence: Scraping, harvesting, or systematically collecting data from the NetfillX platform for competitive analysis or to build a competing product.
• Resale Without Authorization: Reselling, sublicensing, or redistributing API access to third parties without a written reseller agreement with NetfillX.
• Sanctions Violations: Using the Service in any country or territory subject to U.S. economic sanctions, or on behalf of any person or entity on U.S. sanctions lists maintained by OFAC.

NetfillX reserves the right to immediately suspend or terminate your account upon detection of prohibited use, and to report such activities to relevant law enforcement authorities. NetfillX may cooperate with law enforcement investigations involving use of our platform.

8. Service Level Agreement

NetfillX commits to the following uptime and performance targets for paid subscription plans:

• API Availability: 99.9% monthly uptime for Starter and Growth plans; 99.95% for Enterprise plans. Uptime is calculated as the percentage of time the API routing endpoints return successful responses, measured over a calendar month.
• Routing Latency: Median decision latency of under 5 milliseconds at the 50th percentile, and under 25 milliseconds at the 99th percentile, measured at our edge nodes under normal operating conditions.
• Planned Maintenance: We will provide at least 48 hours advance notice of planned maintenance windows that may affect API availability. Maintenance windows are excluded from uptime calculations.

SLA Credits: If monthly uptime falls below the committed threshold, eligible customers may request a service credit equal to 10% of that month's subscription fee for each full percentage point below the threshold, up to a maximum of 30% of that month's fees. Credits must be requested within 30 days of the affected month and are applied to future invoices; they are not redeemable for cash.

SLA commitments do not apply to: (a) Free Tier accounts; (b) outages caused by factors outside NetfillX's reasonable control, including force majeure events, third-party infrastructure failures, or upstream provider outages; (c) outages resulting from your misuse of the API or violations of these Terms.

9. Limitation of Liability

Disclaimer of Warranties: THE NETFILLX SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. NETFILLX DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETFILLX'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO NETFILLX IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Exclusion of Consequential Damages: IN NO EVENT SHALL NETFILLX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such cases, liability is limited to the greatest extent permitted by applicable law.

10. Termination

Termination by You: You may cancel your account at any time through your account settings or by contacting us at support@netfillx.com. Cancellation takes effect at the end of the current billing cycle. You remain responsible for all fees incurred prior to cancellation.

Termination by NetfillX: NetfillX may suspend or terminate your account and access to the Service at any time, with or without cause, upon notice to you. Grounds for immediate termination without prior notice include material breach of these Terms, non-payment of fees, fraudulent activity, or conduct that poses a security or legal risk to NetfillX or third parties.

Effect of Termination: Upon termination: (a) your license to use the Service immediately ceases; (b) your API keys are revoked; (c) NetfillX may delete your account data in accordance with our data retention policy described in our Privacy Policy; and (d) any provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 9, 11, and this Section 10.

Data Export: If you wish to export your data prior to account closure, you must do so before your account is deactivated. NetfillX will make reasonable efforts to provide data export functionality, but cannot guarantee data availability after account termination.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.

Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Austin, Texas. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceeding will be conducted on an individual basis only. You waive the right to participate in a class action, class arbitration, or other representative proceeding with respect to any claim arising from these Terms or the Service.

Exception: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.

12. Contact Information

If you have questions about these Terms of Service, please contact our legal team:

For general support inquiries, please contact support@netfillx.com or visit our Contact page.