Template: XTO Pty Ltd should have these terms reviewed by a lawyer before publishing.
These terms govern your use of the 5090Ai website (this "Website") and the 5090Ai desktop application for Windows (the "Software"). 5090Ai is owned by XTO Pty Ltd, referred to as "XTO", "we" or "us". By downloading, installing or using the Software, or using this Website, you agree to these terms. The license agreement shown by the installer forms part of these terms.
1. The license
XTO grants you a non-exclusive, non-transferable license to install and use the Software on computers you own or control, subject to these terms.
Personal use (free)
Personal use is free, up to 1,000 prompts per day. "Personal use" means non-commercial use by an individual.
Commercial and enterprise use
Use by or for a business, government or other organisation, or in connection with paid work, requires a purchased commercial license. A commercial license is a one-time purchase that unlocks unlimited use on up to the number of computers stated at purchase.
2. Restrictions
You must not:
- circumvent, disable or tamper with the license, the free daily allowance or other protection mechanisms;
- reverse engineer, decompile, disassemble or extract the proprietary engine, except where applicable law expressly allows it;
- redistribute, sell, rent, lease or sublicense the Software; or
- use the Software in breach of any law, or to infringe the rights of others.
3. Models and third-party components
The Software runs third-party AI models (including Qwen3.8-27B and Qwen3.6-35B-A3B by the Qwen team, Alibaba Cloud) and other components that are licensed under their own terms, set out in the third-party notices included with the Software. Nothing in these terms limits your rights under those licenses. Model files are downloaded from XTO's model server or may be placed on your computer by you.
4. AI output
The Software generates text with AI language models. Output may be inaccurate, incomplete, out of date or offensive, and may not be unique. You are responsible for how you use it. Do not rely on it for medical, legal, financial or safety-critical decisions, and check important information independently. The models included with 5090Ai are versions of the Qwen models retrained by XTO Pty Ltd for the 5090Ai engine, so their wording can differ from the original models'.
5. Performance figures
Speed figures on this Website and in the Software were measured on an NVIDIA GeForce RTX 5090 (32 GB) with the prompts and settings described with them. Your results depend on your hardware, drivers, settings and prompts. "Up to" figures are the best measured task, not a guarantee.
6. Payments and donations
Commercial licenses and donations are processed by Stripe; XTO does not receive or store your card details. Prices are in US dollars unless stated otherwise. Donations are voluntary, do not purchase a license or any goods or services, and do not change these terms. Refunds are handled as required by law, including the Australian Consumer Law.
[XTO: state the refund policy for commercial licenses here.]
7. Hardware
The Software requires a Windows 10 or 11 (64-bit) PC with an NVIDIA GeForce RTX 5090 (32 GB) and a current driver. It may not run, or may not run correctly, on other hardware.
8. Updates and availability
We may update the Software, the model files and this Website, and change or discontinue features. We aim to keep the model server available but do not guarantee uninterrupted availability.
9. Intellectual property
The Software (other than third-party components), the 5090Ai name and logo, and the content of this Website are owned by XTO Pty Ltd. "NVIDIA", "GeForce" and "RTX" are trademarks of NVIDIA Corporation; "Qwen" is a trademark of Alibaba Cloud. Their use here is descriptive and does not imply endorsement.
10. Warranty and liability
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law. To the extent permitted by law, the Software and this Website are provided "as is", without other warranties, and XTO is not liable for indirect, incidental or consequential loss. To the extent permitted by law, XTO's total liability is limited to the amount you paid for the Software, or re-supplying it.
11. Termination
Your license ends automatically if you breach these terms. You may stop using the Software at any time by uninstalling it.
12. Governing law
These terms are governed by the laws of [XTO: Australian state or territory], Australia, and you submit to the non-exclusive jurisdiction of its courts.