> For the complete documentation index, see [llms.txt](https://docs.obitmc.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.obitmc.com/terms-of-service-inference.md).

# Terms of Service (Inference)

### 1. Agreement to these Terms <a href="#id-1-agreement-to-these-terms" id="id-1-agreement-to-these-terms"></a>

These Terms of Service ("Terms") are a binding agreement between Obit Web Services, Inc., an Indiana corporation ("Obit," "we," "us"), and the person or entity that uses the Service ("Customer," "you"). The "Service" means the Obit inference API, the [Workload Management System](https://wms.obitmc.com/) ("WMS"), derivatives of the Obit inference API such as [Obit Chat](https://chat.obitmc.com/), and the related dashboards, documentation, and tools

You accept these Terms when you create an account, generate an API key, or otherwise use the Service. If you do not agree, do not use the Service.

If you use the Service for an organization, you confirm that you have authority to bind it, and "you" means that organization. If you have a separate signed agreement with Obit, that agreement controls where it conflicts with these Terms. If conflicts are not resolved in the relevant document, your separate agreement with Obit shall prevail over this document in the case of conflicts.

Our [Privacy Policy](https://docs.obitmc.com/privacy-policy-inference) describes how we handle data when the API is used.

### 2. Definitions <a href="#id-2-definitions" id="id-2-definitions"></a>

* **Inputs** are prompts, files, and other data that you or your End Users submit to the Service.
* **Outputs** are the content a Model generates from Inputs.
* **Customer Content** means Inputs and Outputs together.
* **Models** are the third-party and open-weight machine learning models available through the Service.
* **Providers** are independent operators of GPU hardware in the Obit network that execute inference workloads.
* **End Users** are people who reach the Service through your application or product.
* **Usage Data** is metadata about requests: timestamps, Model identifiers, token and compute counts, latency, error codes, IP addresses, and request headers. Usage Data does not include Customer Content.

### 3. Eligibility <a href="#id-3-eligibility" id="id-3-eligibility"></a>

You must be able to form a binding contract and be the age of majority in your jurisdiction. You may not use the Service if you are barred from doing so under United States law, including export control and sanctions laws. The Service is a developer tool and is not directed to children.

### 4. Accounts and API keys <a href="#id-4-accounts-and-api-keys" id="id-4-accounts-and-api-keys"></a>

* You are responsible for giving us accurate account information and keeping it up to date.
* You are responsible for all activity under your account and API keys, including activity by your End Users.
* Keep API keys confidential. Do not embed them in client-side code or public repositories.
* If you suspect a key is compromised, rotate it and tell us promptly at <jboesch@obitmc.com>.
* Do not share, sell, or transfer keys to third parties without a written and signed agreement with Obit.

### 5. The Service <a href="#id-5-the-service" id="id-5-the-service"></a>

**5.1 What we provide.** The Service gives you API access to Models that run on a distributed network of GPU hardware.

**5.2 How requests are processed.** Requests enter through authenticated Obit endpoints and are dispatched to Providers. Providers are independent third parties, and Obit does not host hardware. Provider machines are not exposed directly to the public internet. Providers are bound by contract to process Inputs only to execute your request, and not to retain them or use them for training. To verify correctness, Obit may run a request, or part of it, on more than one Provider. Obit remains responsible for delivering the Service under these Terms, subject to Sections 15 and 16.

**5.3 Model availability.** We may add, change, deprecate, or remove Models. We will make reasonable efforts to give 14 days' notice before retiring a generally available Model.

**5.4 Changes and availability.** We may modify or discontinue features. Unless a separate written agreement says otherwise, we make no uptime or latency commitment. Performance can vary with network conditions and Provider capacity. Visit our [status page](https://status.obitmc.com/) to see our average performance.

**5.5 Beta features.** Features marked alpha, beta, canary or preview are provided as is. They may change or end at any time and are excluded from all service commitments unless indicated otherwise in the separate agreement.

**5.6 Access through third-party platforms.** You may reach the Service through a third-party platform, such as a model router or marketplace. That platform's terms govern your relationship with it, including billing, and Section 9 does not apply. The rest of these Terms apply to requests the platform sends to Obit on your behalf.

### 6. Acceptable use <a href="#id-6-acceptable-use" id="id-6-acceptable-use"></a>

**6.1 Prohibited content and conduct.** You may not use the Service, or let others use it, to:

* break any law or violate anyone's rights, including intellectual property, privacy, and publicity rights;
* create or distribute child sexual abuse material or any sexual content involving minors;
* plan or promote violence or terrorism, or help develop weapons capable of mass casualties;
* harass, threaten, defraud, or impersonate people, or run spam or phishing campaigns;
* create malware or carry out unauthorized access to systems or data;
* run deceptive influence operations or generate disinformation at scale;
* make automated decisions with legal or similarly significant effects on people without meaningful human review;
* operate systems where failure could cause death, injury, or serious physical or environmental damage;
* conduct unlawful surveillance, biometric identification, or profiling;
* violate the license or use policy of any Model (see Section 8).

**6.2 Protecting the network.** You may not:

* probe, scan, or test the Service for vulnerabilities without our written permission;
* bypass authentication, rate limits, usage quotas, or billing;
* identify, contact, interfere with, or try to access Providers or their hardware;
* reverse engineer the scheduler, kernels, or other Obit software;
* run workloads other than inference through the API, such as cryptocurrency mining;
* resell raw API access without a written agreement with Obit. Building your own products on the Service is allowed.

**6.3 Enforcement.** We do not persistently store Customer Content, so we rely on Usage Data, automated signals, and reports to detect abuse. We may investigate suspected violations, and you agree to cooperate. Report abuse to <jboesch@obitmc.com>.

### 7. Customer Content and data handling <a href="#id-7-customer-content-and-data-handling" id="id-7-customer-content-and-data-handling"></a>

**7.1 Ownership.** As between you and Obit, you keep all rights in your Inputs. Obit claims no ownership of Outputs and assigns to you any rights it may have in them. Outputs may not be unique, and other customers may receive similar Outputs.

**7.2 License to process.** You grant Obit a limited, worldwide, non-exclusive license to transmit and process Customer Content, including through Providers. The license exists only to provide the Service, keep it reliable and secure, and comply with law.

**7.3 No training.** We do not use Customer Content to train machine learning models, and we do not permit Providers to do so.

**7.4 Retention.** We do not store Customer Content persistently. It is held only as long as needed to execute the request and return the Output, including retries and verification runs.

**7.5 Usage Data.** We collect Usage Data to operate, bill for, secure, and maintain the reliability and performance of the Service. We may use or share it in aggregated form that does not identify you or your End Users. We will not sell your Usage Data.

**7.6 Sensitive data.** The Service is not designed for data that requires specific regulatory safeguards. Do not submit protected health information under HIPAA, payment card data under PCI DSS, or similar regulated data unless a signed agreement with Obit covers it.

**7.7 Your responsibilities.** You confirm that you have the rights, notices, and consents needed to submit your Inputs, including any personal data. You are responsible for reviewing Outputs for accuracy and suitability before you rely on them. You are responsible for telling your End Users that they are interacting with AI where the law requires it.

**7.8 Personal data.** Our Privacy Policy describes how we handle personal data. If you need a data processing agreement, contact us.

### 8. Third-party Models <a href="#id-8-third-party-models" id="id-8-third-party-models"></a>

Models are offered under their own licenses and use policies, which we link in our documentation. Your use of a Model is subject to those terms, and you are responsible for complying with them. This includes any attribution, naming, or scale-based requirements. Obit is not the licensor of third-party Models and makes no warranty about them.

### 9. Fees and payment <a href="#id-9-fees-and-payment" id="id-9-fees-and-payment"></a>

**9.1 Pricing.** The Service is billed per token. Rates are those on our pricing page, or in your order form, at the time of the request. Our usage records control unless they contain a clear error.

**9.2 Billing.** You prepay for credits that are drawn down as you use the Service. You authorize us and [our payment processor](https://stripe.com/) to charge your payment method for amounts due. Purchased credits are non-refundable except under Section 14.4 and do not expire.

**9.3 Failed requests.** We do not charge for requests that end in an Obit-side server error and return no Output.

**9.4 Price changes.** We may change prices by email or on our [pricing page](https://obitmc.com/). We will attempt to provide advance notice of pricing changes, but we reserve the right to change pricing without advance notice. New prices apply to usage after the effective date.

**9.5 Taxes.** Fees exclude taxes. You pay all applicable taxes other than taxes on Obit's income.

**9.6 Billing disputes.** Tell us about a disputed charge within 60 days of the charge. We will work with you in good faith to resolve it.

**9.7 Free and promotional credits.** Free tiers and promotional credits have no cash value. We may change or withdraw them at any time.

### 10. Rate limits and quotas <a href="#id-10-rate-limits-and-quotas" id="id-10-rate-limits-and-quotas"></a>

We may set limits on requests, tokens, concurrency, and spend, and we show current limits in the dashboard or documentation. We may throttle traffic to protect the network and other customers. Do not evade limits, for example by opening multiple accounts.

### 11. Intellectual property <a href="#id-11-intellectual-property" id="id-11-intellectual-property"></a>

Obit and its licensors own the Service, including the software, APIs, documentation, and trademarks. While you comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service. We reserve all rights not expressly granted.

You may state truthfully that your product uses Obit. Any other use of our name or logo needs our written permission. We may name you as a customer unless you opt out by emailing <jboesch@obitmc.com>.

### 12. Feedback <a href="#id-12-feedback" id="id-12-feedback"></a>

You are not required to give us feedback. If you do, we may use it without restriction or obligation to you.

### 13. Confidentiality <a href="#id-13-confidentiality" id="id-13-confidentiality"></a>

Each party may receive non-public information from the other, such as non-public pricing, roadmaps, and security details. The receiving party will use it only to perform under these Terms and protect it with reasonable care. It will share it only with people who need it and are bound by similar duties.

These duties do not cover information that is public, already known, independently developed, or rightfully received from a third party. A party may disclose information when the law compels it, after giving notice where the law allows. Section 7, not this section, governs Customer Content.

### 14. Suspension and termination <a href="#id-14-suspension-and-termination" id="id-14-suspension-and-termination"></a>

**14.1 By you.** You may stop using the Service at any time and close your account by emailing us.

**14.2 Suspension by us.** We may suspend your access immediately if we reasonably believe that:

* you or your End Users have violated Section 6;
* your use creates a security risk to the Service, Providers, or others;
* your account shows signs of fraud, or a payment is overdue under Section 9.6;
* the law requires it.

Where we can, we will give notice and limit the suspension to what is necessary.

**14.3 Termination by us.** We may terminate these Terms if you materially breach them and do not cure within 10 days of notice. We may terminate immediately for serious violations of Section 6. We may also terminate for convenience with 14 days' notice, and close accounts that have been inactive for 6 months.

**14.4 Effect of termination.** Your access ends, your API keys are revoked, and you must pay fees accrued to that date. If we terminate for convenience, we will refund unused purchased credits. Promotional credits are forfeited. Because we do not store Customer Content, there is none to return or export.

**14.5 Survival.** Sections 7.1, 7.5, 11 through 13, 15 through 18, and 20 survive termination, as do payment obligations that accrued before it.

### 15. Disclaimers <a href="#id-15-disclaimers" id="id-15-disclaimers"></a>

**The Service, the Models, and all Outputs are provided "as is" and "as available." To the fullest extent the law allows, Obit disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.**

**Obit does not warrant that the Service will be uninterrupted, error-free, or secure. Outputs may be inaccurate, incomplete, biased, or offensive. The Service runs on a distributed network of independent Providers, so latency, throughput, and availability will vary.**

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

This Section does not void any warranties or guarantees that you receive in writing from Obit in separate agreements.

### 16. Limitation of liability <a href="#id-16-limitation-of-liability" id="id-16-limitation-of-liability"></a>

**16.1 Excluded damages. To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Neither party is liable for lost profits, revenue, data, or goodwill. This applies even if the party knew such damages were possible.**

**16.2 Cap. Obit's total liability arising from these Terms or the Service will not exceed the greater of (a) the fees you paid Obit in the 12 months before the event giving rise to the claim, and (b) US$1000.**

**16.3 Exceptions.** Sections 16.1 and 16.2 do not limit your payment obligations, your obligations under Section 17, either party's liability for fraud or willful misconduct, or liability that the law does not allow to be limited.

**16.4 Basis of the bargain.** These limits reflect the allocation of risk between the parties and apply even if a remedy fails of its essential purpose.

### 17. Indemnification <a href="#id-17-indemnification" id="id-17-indemnification"></a>

You will defend and indemnify Obit, its affiliates, and their officers, directors, employees, and agents against third-party claims, and related losses and reasonable legal fees, arising from:

* your Inputs, or your use of Outputs;
* your applications, products, or End Users;
* your breach of these Terms or of applicable law;
* your violation of a Model license or use policy.

We will notify you promptly of any claim and cooperate at your expense. You will control the defense, but you may not settle in a way that imposes liability or admissions on Obit without our written consent. We may join the defense with our own counsel at our own cost.

### 18. Governing law and disputes <a href="#id-18-governing-law-and-disputes" id="id-18-governing-law-and-disputes"></a>

**18.1 Governing law.** The laws of the State of California govern these Terms, without regard to conflict-of-law rules.

**18.2 Informal resolution.** Before filing a claim, the party raising the dispute will send written notice to the other. Both parties will try in good faith to resolve it within 30 days.

**18.3 Venue.** Unresolved disputes will be brought only in the state or federal courts located in San Francisco County, California, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.

### 19. Changes to these Terms <a href="#id-19-changes-to-these-terms" id="id-19-changes-to-these-terms"></a>

We may update these Terms. When we modify this agreement, we will notify you by email or in the dashboard. Changes required by law, or that cover new features, may take effect sooner. If you keep using the Service, you accept the updated Terms. If you do not agree, you must stop using the Service and close your account.

### 20. General <a href="#id-20-general" id="id-20-general"></a>

* **Export and sanctions.** You will comply with United States export control and sanctions laws. You confirm that you are not in an embargoed country or on a restricted-party list.
* **Assignment.** You may not assign these Terms without our written consent. We may assign them to an affiliate, or in a merger, acquisition, or sale of assets.
* **Force majeure.** Neither party is liable for delays or failures caused by events beyond its reasonable control. This includes internet or power failures and widespread Provider outages. It does not excuse payment obligations.
* **Relationship.** The parties are independent contractors. These Terms create no partnership, agency, or employment relationship.
* **Notices.** We send notices to the email on your account or through the dashboard. Send legal notices to <jboesch@obitmc.com>.
* **Entire agreement.** These Terms, with any order form, are the whole agreement on this subject. An order form controls where it conflicts with these Terms.
* **Severability and waiver.** If a provision is unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver.
* **No third-party beneficiaries.** These Terms give no rights to anyone other than you and Obit.

### 21. Contact <a href="#id-21-contact" id="id-21-contact"></a>

Questions about these Terms: <jboesch@obitmc.com>.