Terms of Service

Last updated: 11 November 2026

These Terms of Service ("Terms") are an agreement between CYBERSHEILD PTE. LTD., a company incorporated in the Republic of Singapore, doing business as MIST Ai ("MIST Ai", "we", "us") and the business entity that signs an Order Form with us or uses the Services ("Customer", "you"). By signing an Order Form or using the Services, you agree to these Terms, the Privacy Policy and the Compliance & Acceptable Use Policy.

If an Order Form or master agreement signed by both parties conflicts with these Terms, the signed document prevails.

1. Who can use the Services

1.1 The Services are for businesses only. You must be a legal entity, or acting for one, and the person accepting these Terms must have authority to bind it.

1.2 The Services are offered only to customers outside mainland China, and only in the territory permitted under our authorization and the Upstream Provider's then-current availability rules. We may decline any application at our discretion. Reasons include know-your-customer, sanctions, content risk and upstream eligibility checks.

1.3 You must be at least 18 years old, and the age of majority where you live, to accept these Terms for an entity.

2. What we provide: the reseller relationship

2.1 MIST Ai is an authorized reseller of the Services, as permitted under its agreements with BytePlus and Alibaba Cloud. We give access to third-party video-generation models currently including:

together with the related onboarding, billing and support ("Services"). The upstream companies that operate these platforms are the "Upstream Providers", and their platforms, models and APIs are the "Upstream Services".

2.2 Scope of our authorization. MIST Ai resells the Upstream Services under its agreements with BytePlus and Alibaba Cloud, within the scope those agreements permit, including the territorial limits in Section 1.2. MIST Ai is a separate company: nothing in these Terms makes MIST Ai an agent of, or able to bind, any Upstream Provider. We do not develop, train, own or operate the models. Upstream Providers have no contract with you through these Terms and owe you no obligations under them.

2.3 Upstream terms flow down. Your use of each Upstream Service is also subject to that Upstream Provider's applicable terms, acceptable use policies and documentation as updated from time to time ("Upstream Terms"). You agree to comply with them as if you were the account holder. Current links are listed on our Compliance & Acceptable Use page. If these Terms and the Upstream Terms conflict on acceptable use, the stricter rule applies.

2.4 Model catalogue. The models, versions, features, regions and limits available to you are those shown in the upstream console for your sub-account and in your Order Form. "Request a model" submissions are enquiries only. We do not promise to add any model.

3. Sub-account delivery

3.1 After an Order Form is signed and any prepayment or credit check is completed, we will provision for you:

with the permissions we consider necessary to use the contracted models through the upstream console and API ("Sub-account").

3.2 Sub-accounts sit under an upstream account held by MIST Ai. You do not own the Sub-account or any upstream account. We may change Sub-account permissions, rotate or revoke access, or migrate you to a different Sub-account where reasonably necessary for security, compliance, Upstream Provider requirements or service changes. Where practicable, we will give you notice first.

3.3 Usage under your Sub-account is metered by the Upstream Provider. Its usage records are the primary basis for billing, unless the Order Form says otherwise.

3.4 Technical documentation is available in the upstream console. The API Overview on our Site is a summary for information only.

3.5 Isolation and least privilege. Each customer receives its own access policy granting only the minimum permissions needed. You cannot see other customers' tasks, usage or API keys. We may place higher-risk customers under a separate upstream account.

3.6 Rate limits. Default limits depend on your plan. Limit increases are requested by us through the upstream account; contact us to request higher limits.

4. Account security and customer-held credentials

4.1 You are responsible for every activity under your Sub-account and its API keys, whether or not you authorised it. This includes all usage fees.

4.2 You must:

4.3 We may suspend a Sub-account or revoke keys immediately if we suspect compromise or abuse. Fees incurred before you notified us of a compromise remain payable. Any good-faith relief for unauthorised usage is discretionary, is not a right under these Terms, and if offered will be documented in the Order Form or in a separate written confirmation.

4.4 Liability for violations. You are liable for any content or usage under your Sub-account that breaches these Terms, the Compliance Policy or the Upstream Terms, including any loss, suspension, penalty or cost this causes to MIST Ai or its upstream account.

5. Acceptable use

5.1 You must comply with our Compliance & Acceptable Use Policy and all applicable Upstream Terms. If this Section, the Compliance & Acceptable Use Policy and the Upstream Terms differ, the stricter rule applies. A breach of the Upstream Terms or of the Compliance & Acceptable Use Policy is a breach of these Terms. Adult and sexually explicit content is prohibited on our Services in all cases, including where that content would be lawful in your jurisdiction and even with age-gating.

5.2 Upstream content safety systems may block inputs or outputs. For example, Seedance 2.x on BytePlus ModelArk rejects reference images or videos that contain real human faces, except through the upstream provider's own compliant asset routes. Blocked or failed requests are not a breach of our obligations. You must not try to circumvent these controls.

5.3 You are responsible for the conduct of your personnel and of any end users you allow to use outputs or applications built with the Services.

6. Customer Content, outputs and intellectual property

6.1 Your content. You keep all rights you have in prompts, reference materials and other inputs ("Input"). You grant MIST Ai and the Upstream Providers the rights needed to host, transmit and process Input to provide the Services.

6.2 Outputs. As between you and MIST Ai, and subject to the Upstream Terms and applicable law, we claim no ownership of the videos, audio and other content generated for you ("Output"). We do not warrant that any Output is eligible for copyright or other IP protection in any jurisdiction. Outputs may not be unique, and similar outputs may be generated for others.

6.3 Your responsibility. You are solely responsible for:

6.4 No training on your data by us. MIST Ai does not use your Input or Output to train any model. Upstream Providers' data use is governed by their terms. See our Privacy Policy.

6.5 Our materials. Our Site, brand, documentation summaries and selection guides belong to MIST Ai or its licensors. The Upstream Services and their documentation belong to the Upstream Providers.

6.6 Feedback. We may use any feedback you give us without obligation to you.

7. Upstream availability and changes

7.1 The Upstream Services are run by the Upstream Providers, not by us. They may change, rate-limit, suspend, deprecate or discontinue models, versions, features, regions, quotas or Upstream Terms, sometimes without notice. Preview or beta models, such as models labelled "preview" upstream, may be withdrawn or changed at any time. Price changes are handled under Section 8.5.

7.2 We will make reasonable efforts to tell you about material upstream changes we know of. We are not liable for upstream changes, outages, latency, content-filter decisions or data loss.

7.3 Service levels. Unless your Order Form states a service level, the Services are provided on an "as available" basis. We do not make any service-level commitment of our own. If an Upstream Provider actually issues a service credit or equivalent credit to MIST Ai in respect of a specific incident that affected your use, we may, at our discretion and as your sole service-level remedy for that incident, pass through the portion of that credit that corresponds to your affected usage, after any reasonable administrative cost. This is not a guarantee that any credit will be available.

7.4 Model withdrawal. If an Upstream Provider permanently withdraws or discontinues a model that is expressly identified in your then-current Order Form, we will notify you promptly after we become aware of the withdrawal. We may offer a reasonably comparable substitute model at the prices then applicable under your Order Form or, if the Order Form does not state a price for that substitute, at the prices then applicable to that substitute. If no substitute is offered, or you reject the substitute in writing within 30 days of our notice, either party may terminate the affected part of the Order Form on written notice. Your sole remedy for that termination is a refund of any prepaid fees that remain unused for the withdrawn model as of the effective date of termination, calculated from the Upstream Provider's usage records. Fees for usage already accepted and billed by the Upstream Provider are not refundable. Temporary unavailability, rate-limiting, backward-compatible version updates, or withdrawal of a preview or beta model do not trigger this Section 7.4.

7.5 You must download and keep your Outputs. Upstream result links expire. For example, Seedance and Wan result URLs are documented as valid for 24 hours. We do not keep backups of Customer Content.

8. Fees and payment

8.1 List prices. Prices on our Site are reference list prices of the Upstream Services (Singapore region, USD) and are given for information only. Usage shown in the upstream console is calculated at the upstream list price. Any discount shown in the console is applied by the Upstream Provider.

8.2 Your price. The prices you pay are set in your signed Order Form or contract and prevail over any price on our Site or in the console. Enterprise volume pricing is available on request.

8.3 Billing. All Services are prepaid. You must maintain a prepaid credit balance in USD and top it up before use. Usage is deducted from that balance as the relevant Upstream Service meters and bills it. We may suspend your Sub-accounts when your balance is insufficient to cover further usage, and we may do so without prior notice. We will use reasonable efforts to notify you of a suspension after it takes effect. We do not offer post-paid credit or monthly billing in arrears, unless an Order Form signed by both parties expressly says otherwise.

8.4 Usage monitoring. We monitor usage against your prepaid balance, using the Upstream Provider's usage records as the primary source. Because metering and suspension are not instantaneous, usage that is accepted and billed by an Upstream Provider before a suspension takes effect remains payable, even if it causes your balance to fall below zero. Any such shortfall will be deducted from your next top-up or, if you do not top up within 15 days of our notice, invoiced and due on receipt. If you dispute an amount, you must give us written notice within 15 days of the relevant usage record or invoice, specifying the amount and the basis of the dispute; undisputed amounts remain payable. We will make available, or enable you to view in the upstream console, reasonably current balance and usage information, but you remain responsible for monitoring your own usage and maintaining a sufficient balance.

8.5 Price changes. If an Upstream Provider changes the list prices of an Upstream Service that we resell to you, we may adjust the corresponding prices payable by you to reflect that change, except where your Order Form has locked a price or a price-adjustment mechanism for a stated term, in which case usage under that locked Order Form continues at the agreed price for the stated term. Where an adjustment applies, it takes effect on the same date as the upstream change or, if later, when we notify you. We will pass on to you the notice we receive from the Upstream Provider as soon as reasonably practicable after we receive it. If the upstream notice period is shorter than 30 days, we will still give you such notice as we reasonably can, but unless the Order Form says otherwise we are not required to absorb any difference. Unused prepaid balance that is not covered by a locked-price Order Form is applied to usage at the prices in effect when the usage is metered, not at the prices in effect when the balance was topped up.

8.6 Refunds. Fees, including unused prepaid balances, are non-refundable except as stated in Section 7.4, this Section 8.6 or the Order Form. Usage for requests that the Upstream Service accepted and billed, including Outputs you are unhappy with, is chargeable. If we terminate these Terms or an Order Form for our material breach and you have unused prepaid balance at the effective date of termination, we will refund that unused balance. On termination for any other reason, unused prepaid balance is not refundable unless the Order Form says otherwise.

9. Suspension and termination

9.1 We may suspend all or part of your access immediately, without liability, if:

Where lawful and practicable, we will tell you the reason and lift the suspension once the issue is resolved.

9.2 Either party may terminate for material breach not cured within 30 days of notice. We may terminate immediately for serious or repeated acceptable-use violations, illegal content, sanctions issues, or where an Upstream Provider ends our access.

9.3 On termination we will disable your Sub-accounts. You must pay all fees incurred up to the termination date. Sections that by their nature should survive, including 4.1, 6, 8, 10, 11, 12, 14.1, 14.2, 14.6 to 14.13 and 14.15, will survive.

10. Warranties and disclaimers

10.1 Each party warrants that it has authority to enter into these Terms.

10.2 Except as expressly stated, the Services, the Upstream Services and all Outputs are provided "as is" and "as available". To the fullest extent the law allows, MIST Ai disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation. AI Outputs may be inaccurate, offensive or unexpected.

10.3 The Services must not be used for high-risk uses where failure could lead to death, personal injury, or serious property, environmental or financial harm.

11. Indemnity

You will defend and indemnify MIST Ai and its officers and employees against third-party claims, and related losses, costs and reasonable legal fees, arising from:

MIST Ai does not offer a reciprocal indemnity under these Terms. If a future Order Form offers any limited pass-through of an indemnity we actually receive from an Upstream Provider, that Order Form will state the scope and will not expand our liability beyond Section 12.

12. Limitation of liability

12.1 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, even if told they were possible.

12.2 MIST Ai's total aggregate liability arising from or relating to these Terms is limited to the fees you paid to MIST Ai in the three (3) months immediately before the event giving rise to the claim.

12.3 Sections 12.1 and 12.2 do not limit: your payment obligations; your indemnity obligations; liability for fraud; or liability that cannot be limited by law, such as death or personal injury caused by negligence where applicable.

13. Trademarks

"Seedance", "BytePlus", "ModelArk", "Wan", "Alibaba Cloud" and "Model Studio" are trademarks or trade names of their respective owners. All other trademarks belong to their owners. MIST Ai uses these names only to identify the services it resells under its agreements with their owners. No ownership of these marks is claimed, and you receive no right to use them.

14. General

14.1 Governing law. These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the Republic of Singapore, without regard to conflict-of-law rules.

14.2 Dispute resolution. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. Nothing in this clause prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction, including to protect intellectual property or confidential information, or to recover unpaid fees.

14.3 Changes. We may update these Terms by posting a new version, and will give existing customers 30 days' email notice of material changes. A signed Order Form's commercial terms do not change without both parties' written agreement. Continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms, except that material changes to fees are governed by Section 8.5.

14.4 Assignment. You may not assign, novate or otherwise transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or novate these Terms to an affiliate or to a successor in connection with a merger, reorganisation or sale of assets, and will give you notice of any such transfer. Any attempted assignment in breach of this clause is void.

14.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including upstream outages, government action, sanctions, epidemic, labour dispute and network failures. Payment obligations are not excused.

14.6 Entire agreement and order of precedence. These Terms, the Compliance & Acceptable Use Policy, the Privacy Policy and any Order Form or master agreement signed by both parties are the entire agreement between the parties on their subject matter and supersede all prior or contemporaneous agreements, proposals and representations on that subject matter. If there is a conflict, the following order of precedence applies, from highest to lowest: (1) a master agreement signed by both parties; (2) the Order Form; (3) these Terms; (4) the Compliance & Acceptable Use Policy; (5) the Privacy Policy. A signed Data Processing Addendum, if any, prevails over all of the above on the processing of personal data.

14.7 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable or, if that is not possible, severed. The remaining provisions continue in full force.

14.8 Waiver. A failure or delay in exercising a right is not a waiver of that right or of any other right. A waiver is effective only if it is in writing and signed by the waiving party, and applies only to the specific instance.

14.9 No set-off. You have no right to set off, withhold or deduct any amount you owe us against any claim you may have against us, except where applicable law does not allow this to be excluded.

14.10 Notices. Notices to us must be sent to [email protected] and to CYBERSHEILD PTE. LTD., doing business as MIST Ai, at its registered address (or, until that address is published here, by email to [email protected]). Notices to you may be sent to the email addresses on your Order Form or account. A notice sent by email is deemed given when the sender's system records that it was sent, unless the sender receives an immediate bounce or delivery-failure notice. A notice sent by recognised international courier is deemed given on the date of recorded delivery. A notice of breach, termination or commencement of a dispute must also be sent by recognised courier, or by email followed by courier.

14.11 Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore, or otherwise, to enforce any of these Terms. The rights of the parties to rescind or vary these Terms are not subject to the consent of any third party. Upstream Providers are not parties to these Terms and have no rights or obligations under them.

14.12 Relationship of the parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency or employment relationship. Neither party may bind the other or represent that it has authority to do so. Nothing in these Terms makes MIST Ai an agent of any Upstream Provider.

14.13 Export and sanctions. You must comply with all applicable export-control, sanctions and trade laws. You represent that you are not, and are not owned or controlled by, a person or entity on any applicable sanctions or restricted-party list, and that you will not use the Services in any sanctioned territory or for any prohibited end use.

14.14 Counterparts and electronic signatures. These Terms and any Order Form may be executed in counterparts, including by electronic signature or by click-accept, each of which is deemed an original, and all of which together form one instrument.

14.15 Language. These Terms are in English. If they are translated, the English version controls.

15. Contact

CYBERSHEILD PTE. LTD., a company incorporated in the Republic of Singapore, doing business as MIST Ai
Email: [email protected]