Terms of Service
These Terms of Service ("Terms") govern your use of the ByteSpike Gateway, console, website, and DOSIA application provided by ByteSpike, Inc.. By using the service, you agree to these Terms. Where your use is on behalf of an organization, you represent that you have authority to bind that organization.
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1. Accounts and keys
You are responsible for safeguarding your account credentials and API keys. We treat any request authenticated with your key as authorized. If a key is compromised, rotate it from the Console immediately.
2. Acceptable use
You agree not to use the service to generate or distribute CSAM, content that incites imminent violence, content that infringes IP rights, or to attack the stability of upstream model providers. We reserve the right to suspend accounts that violate this clause.
Upstream providers also impose their own usage policies. Your prompts ride on top of those policies — when an upstream rejects, we surface the rejection.
3. Billing
Pay-as-you-go credits are non-refundable except as required by law or as set out in our Refund Policy. Credits do not expire for personal accounts; team and enterprise accounts may have plan-specific expiry — see your invoice.
Failed requests are not billed. If a request returns 5xx from us, the estimated credits are released. If an upstream returns content but billed us, you will see that pass through, and we'll honor disputes case-by-case.
4. Your content
You retain all rights in your prompts and outputs. We claim no ownership and no license to use your content for model training. We process your content solely to deliver the service.
5. Warranty disclaimer
The service is provided on an 'as-is' and 'as-available' basis. Models are stochastic systems; we do not warrant that outputs will be accurate, safe for any particular purpose, or free from bias. Run your own evals before shipping.
6. Limitation of liability
To the maximum extent permitted by law, our aggregate liability for any claim arising from these Terms is limited to the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.
7. Termination
Either party may terminate at any time. Upon termination, unused credits are forfeited unless our Refund Policy states otherwise. We may suspend accounts immediately for breach of Section 2.
8. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Disputes go to the state and federal courts in New Castle County.