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Second Layer, Inc. API Terms of Use

Effective Date: Aug 11, 2025

These Terms of Service ("Terms") govern your use of the Napkin AI API (the "API"), a developer preview service provided by Second Layer, Inc. ("Napkin," "we," "us," or "our"). By accessing or using the API, you agree to be bound by these Terms.

1. Service Description and Alpha Nature​

1.1 API Service​

The Napkin AI API is a text-to-visual generation service that allows users to convert text inputs into visual content through API calls including charts, diagrams, infographics, and other visual materials.

1.2 Developer Preview Status​

The API is currently in developer preview and is not intended for production applications or mission-critical use cases. The service should be used only for testing and evaluation purposes. As the API is constantly evolving, new functionalities and features are regularly added, and existing features, functionality, and availability may change without notice.

1.3 Invitation-Only Access​

Access to the API is currently by invitation only. Napkin reserves the right to approve or deny access requests at our sole discretion.

2. Account Registration and API Access​

2.1 Account Requirement​

To access the API, you must have an active Napkin account on our platform napkin.ai and then request an API token by contacting us at contact@napkin.ai. All API requests must include a valid API token in the Authorization header using Bearer token format.

2.2 Account Information​

For API access, we use the email address and name from your existing Napkin account for account management, support, and usage monitoring purposes. You are responsible for maintaining the confidentiality of your API token and for all activities that occur under your account.

2.3 API Token Security​

You must keep your API token secure and not share it with unauthorized parties. You are responsible for all requests made using your API token. Notify us immediately if you suspect unauthorized use of your token.

3. Acceptable Use and Restrictions​

3.1 Permitted Use​

You may use the API to:

  • Generate visual content from text inputs for testing and evaluation purposes
  • Integrate text-to-visual capabilities into your non-production applications and workflows
  • Evaluate the API's functionality for potential future use

3.2 Prohibited Use​

You may not use the API to:

  • Generate content that violates any applicable laws or regulations
  • Create content that infringes on third-party intellectual property rights
  • Generate harmful, offensive, or inappropriate content
  • Attempt to reverse engineer or extract our underlying algorithms, models or assets
  • Exceed rate limits or attempt to circumvent usage restrictions
  • Use the API for production applications during the preview period
  • Share or resell API access to third parties

3.3 Rate Limits and Quotas​

The API is subject to rate limits and usage quotas that may vary by user during the preview period. We may modify these limits at any time without notice.

4. Data Processing and Ownership​

4.1 Your Input Data​

  • You retain ownership of all text and other content you submit to the API ("Input Data")
  • You represent and warrant that you own or have the necessary rights to use the Input Data
  • We process your Input Data solely to generate visual outputs. Input Data is temporarily stored during processing but is not permanently retained.

4.2 Generated Content​

You own the complete visual content generated by the API based on your Input Data ("Generated Content"), subject to these Terms:

  • Napkin retains ownership of all underlying assets, templates, icons, visual components, and design elements used in generating the visuals
  • You may use the Generated Content as a complete work, but may not extract, reproduce, distribute, or separately use the individual components, assets, or templates that comprise the Generated Content
  • Any ownership rights you may have in Generated Content do not extend to Napkin's proprietary design elements and systems

4.3 Data Processing​

  • Input Data is processed asynchronously and temporarily stored in processing queues
  • Data may be temporarily cached in memory and temporary files during processing
  • Generated Content is made available for download for up to one hour after processing
  • After one hour, Generated Content is automatically deleted from our servers

4.4 No Permanent Storage​

We do not permanently store your Input Data or Generated Content. However, we do collect and retain usage analytics and metadata as described in our Privacy Policy.

5. Usage Analytics and Monitoring​

We collect usage analytics including:

  • Number of API requests and processing times
  • Technical parameters (output format, language, style, dimensions)
  • Error information and debugging data (which may be associated with your account)
  • Account-level usage statistics

This data helps us improve the API and provide support. Analytics data may be retained indefinitely for service improvement purposes.

6. Third-Party Services​

We use third-party services to provide the API, including:

  • OpenAI and Gemini for AI-powered generation
  • Sentry for error monitoring

Your data may be shared with these services solely for processing purposes under strict confidentiality agreements.

7. Service Availability and Modifications​

7.1 Service Changes​

As a developer preview service that is constantly evolving, the API may be modified, updated, or discontinued at any time without notice. We may add, remove, or change features and functionality.

7.2 No Service Level Guarantees​

We provide the API on an "as-is" basis without guarantees of uptime, availability, or performance. Service interruptions may occur without notice.

7.3 Maintenance and Updates​

We may perform maintenance that temporarily interrupts service. We will make reasonable efforts to minimize disruption but cannot guarantee uninterrupted access.

8. Privacy and Security​

8.1 Data Security​

We implement reasonable security measures to protect your data. All data is encrypted in transit using HTTPS/TLS, and data temporarily stored during processing is encrypted at rest. However, no system is completely secure, and we cannot guarantee absolute security.

8.2 Privacy Policy​

Our collection and use of personal information is governed by our separate Privacy Policy, which forms part of these Terms.

9. Intellectual Property​

9.1 Our Rights​

We retain all rights, title, and interest in the API, our technology, visual components, assets (including but not limited to templates, icons, and design elements), algorithms, and any improvements or modifications thereof.

9.2 Feedback​

Any feedback, suggestions, ideas, or other input you provide about the API become our property and may be used, modified, and incorporated into our services at our sole discretion, without compensation or attribution to you.

10. Disclaimers and Limitation of Liability​

10.1 Disclaimers​

THE API IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2 Preview Service Disclaimer​

THE API IS IN DEVELOPER PREVIEW AND NOT SUITABLE FOR PRODUCTION USE. FEATURES MAY BE INCOMPLETE, CONTAIN ERRORS, OR CHANGE WITHOUT NOTICE.

10.3 Limitation of Liability​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE API. OUR TOTAL LIABILITY SHALL NOT EXCEED $100 IN ANY 12-MONTH PERIOD.

11. Termination​

11.1 Termination by Us​

We may suspend or terminate your API access at any time, with or without cause, and with or without notice.

11.2 Termination by You​

You may discontinue use of the API at any time by ceasing to make API requests.

11.3 Effect of Termination​

Upon termination, your right to use the API immediately ceases. We may delete your API tokens and account data, though analytics data may be retained as described in our Privacy Policy.

11.4 Data Removal​

Upon request after termination, we will make reasonable efforts to manually remove your account data, though some analytics data may be retained for legitimate business purposes.

12.1 Governing Law​

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Dispute Resolution​

Any disputes arising from these Terms or your use of the API shall be subject to the arbitration agreement and dispute resolution procedures as set forth in Section 16 of our Napkin AI Platform Terms of Service (currently available at https://www.napkin.ai/terms-conditions), which provisions are incorporated herein by reference.

12.3 Entire Agreement​

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the API.

12.4 Modifications​

We may modify these Terms at any time by posting updated Terms. Continued use of the API after such posting constitutes acceptance of the modified Terms.

12.5 Severability​

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

12.6 Contact Information​

For questions about these Terms, contact us at:

  • Email: contact@napkin.ai
  • Mail: Second Layer, Inc., 626 Jay Street, Los Altos, CA 94022

Last Updated: Aug 11, 2025