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Terms of Service

Effective Date: December 8, 2024

Last Updated: December 8, 2024

1. Acceptance of Terms

Welcome to AI Badgr. By accessing or using our AI inference platform and services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

AI Badgr is operated from Australia. These Terms are governed by Australian law and incorporate Australian Consumer Law protections where applicable.

2. Description of Services

AI Badgr provides distributed AI inference services, including:

  • API access to large language models (LLMs) and AI inference
  • OpenAI and Claude API-compatible endpoints
  • Optional end-to-end encryption for data privacy
  • Distributed GPU infrastructure for inference processing
  • Developer tools, SDKs, and documentation

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Not create an account using false or misleading information

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your API keys and credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services for lawful purposes including:

  • Building and deploying AI applications
  • Research and development
  • Commercial and non-commercial projects
  • Testing and evaluation

4.2 Prohibited Use

You agree NOT to use our Services to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Generate or distribute harmful, illegal, or malicious content
  • Harass, threaten, or harm others
  • Create spam, phishing, or fraudulent content
  • Attempt to reverse engineer, decompile, or extract models
  • Bypass rate limits, authentication, or security measures
  • Launch denial-of-service attacks or excessive automated requests
  • Violate the privacy or rights of others
  • Use for surveillance, tracking, or monitoring without consent

5. API Usage and Rate Limits

5.1 API Access

We grant you a non-exclusive, non-transferable license to access our API according to your subscription plan.

5.2 Rate Limits

Your API usage is subject to rate limits based on your subscription tier. We may throttle or suspend access if you exceed these limits.

5.3 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance, updates, or experience outages that temporarily affect availability.

6. Pricing and Payment

6.1 Pricing

Pricing is based on your usage and subscription tier. Current pricing is available on our website and may be updated with notice.

6.2 Payment Terms

  • All fees are in USD unless otherwise specified
  • Payment is due according to your billing cycle
  • You authorize us to charge your payment method for all fees incurred
  • Overdue payments may result in service suspension

6.3 Refunds

Fees are generally non-refundable. We may provide refunds at our discretion for service outages or billing errors. Australian Consumer Law guarantees may apply.

7. Intellectual Property Rights

7.1 AI Badgr Property

All rights, title, and interest in the Services, including software, APIs, documentation, and infrastructure, are owned by AI Badgr and our licensors.

7.2 Your Content

You retain all rights to your input data, prompts, and content. By using our Services, you grant us a limited license to process your content solely to provide the Services.

7.3 Generated Output

You own the output generated by our Services in response to your prompts, subject to these Terms and applicable law.

8. Data Privacy and Security

Our collection and use of your data is governed by our Privacy Policy. Key points:

  • Optional end-to-end encryption protects your data from us and third parties
  • We do not use your encrypted data to train models
  • We comply with Australian Privacy Principles (APPs)
  • You control your encryption keys

9. Warranties and Disclaimers

9.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or other applicable law that cannot be excluded, restricted, or modified by agreement.

9.2 Service Disclaimer

Subject to Australian Consumer Law, our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:

  • Accuracy, reliability, or quality of AI-generated outputs
  • Uninterrupted or error-free service
  • That the Services will meet your specific requirements
  • That defects will be corrected

9.3 AI Output Disclaimer

AI-generated content may be inaccurate, biased, or inappropriate. You are responsible for reviewing, validating, and using AI outputs appropriately.

10. Limitation of Liability

Subject to Australian Consumer Law and any non-excludable statutory rights:

  • Our total liability for any claim is limited to the amount you paid us in the 12 months preceding the claim
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for loss of profits, data, goodwill, or business opportunities

Nothing in these Terms limits our liability for fraud, gross negligence, or breaches that cannot be limited under Australian law.

11. Indemnification

You agree to indemnify and hold harmless AI Badgr, its affiliates, and personnel from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of others
  • Your content and AI-generated outputs

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our Services.

12.2 Termination by You

You may terminate your account at any time by contacting us or using account settings.

12.3 Termination by Us

We may suspend or terminate your access if you:

  • Violate these Terms
  • Fail to pay fees
  • Engage in fraudulent or illegal activity
  • Pose a security or legal risk

12.4 Effect of Termination

Upon termination:

  • Your access to the Services will cease
  • You remain liable for any outstanding fees
  • We may delete your account data after a reasonable period
  • Provisions that should survive termination will remain in effect

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting updated Terms on our website
  • Updating the "Last Updated" date
  • Sending email notification for significant changes

Your continued use after changes become effective constitutes acceptance of the updated Terms. If you do not agree, you must stop using our Services.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Australia (and the state/territory where AI Badgr operates), without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms or the Services will be subject to the exclusive jurisdiction of the courts of Australia.

14.3 Informal Resolution

Before filing a claim, you agree to contact us at support@aibadgr.com to seek informal resolution.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AI Badgr.

15.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control.

16. Contact Information

For questions about these Terms, please contact us:

AI Badgr

Email: legal@aibadgr.com

Support: support@aibadgr.com

Australian Business operated by the Buildsai.app team

Acknowledgment: By using AI Badgr's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.