These Terms of Service (“Terms”) govern your use of the websites, console and application programming interface (“API”) provided by The Zither Tech LLC, a Wyoming limited liability company (“Zither Tech”, “we”, “us”), including zithertech.com and api.zithertech.com (together, the “Services”). By creating an account or using the Services, you agree to these Terms, our Acceptable Use Policy and our Privacy Policy. If you use the Services on behalf of an organization, you agree on its behalf and confirm that you have authority to do so.
1. Accounts
- You must be at least 18 years old and able to form a binding contract.
- You must give accurate registration information and keep it up to date.
- You are responsible for all activity under your account and API keys, including use by anyone you share a key with. Keep keys confidential and tell us promptly at support@zithertech.com if you suspect unauthorized use.
2. Using the Services
You may use the Services to build and run your own products, subject to these Terms, the Acceptable Use Policy and the license of each model you use. You must not:
- offer the API itself to third parties as a standalone service, for example by reselling API keys or access, without our written permission;
- bypass or attempt to bypass usage limits, billing or security measures;
- interfere with, overload or disrupt the Services;
- reverse engineer the Services, except where the law expressly permits it; or
- use the Services in violation of any applicable law.
3. Your content
“Input” is the content you send to the Services and “Output” is the content the Services return to you; together they are “Customer Content”.
- As between you and us, you keep your rights in Input and, to the extent permitted by law, you own Output. We assign to you any rights we may have in Output.
- You allow us to process Customer Content only as needed to provide the Services, prevent abuse and comply with the law. We do not use Customer Content to train or improve models.
- You confirm that you have the rights needed to submit your Input.
- Output is generated by machine learning models. It may be inaccurate, incomplete or offensive, and similar Output may be generated for others. You are responsible for evaluating Output before relying on it, especially for decisions that affect people.
4. Credits, prices and payment
- Prepaid credits. The Services are paid for with prepaid credits bought in US dollars through our payment processor, Stripe. We do not store your full card details.
- Usage charges. Each request is charged for the tokens it processes at the prices shown on our website or in the console at the time of the request, and the charge is deducted from your balance. When your balance runs out, requests are rejected until you add credits.
- Price changes. We may change prices. We will post increases on our website at least 7 days before they take effect. Price reductions and prices for newly added models may take effect immediately. New prices apply only to usage after they take effect.
- Taxes. Prices do not include taxes unless stated. You are responsible for any taxes that apply to your purchases.
- Validity. Purchased credits expire 12 months after the date of purchase. Credits have no cash value and cannot be transferred.
- Refunds. You may request a refund of the unused credits from a purchase within 30 days of that purchase by emailing support@zithertech.com. Approved refunds are returned to the original payment method. Otherwise, purchases are non-refundable, except as described in Section 7 or where required by law.
- Promotional credits. Credits we give free of charge may carry their own terms, have no cash value and are not refundable.
- Disputes. Please contact us before disputing a charge with your bank. We may suspend accounts with open chargebacks for valid charges.
5. Models and availability
- The models available through the Services are developed by third parties and are provided under their developers' licenses. You agree to comply with those licenses as they apply to your use.
- We may add, change or retire models. We will try to give at least 14 days' notice before retiring a model, unless a faster change is needed for security, legal or operational reasons.
- We work to keep the Services reliable, but we do not guarantee that they will be uninterrupted or error-free, and we may perform maintenance. No service level commitment applies unless we agree to one in writing.
6. Suspension
We may suspend or limit your access immediately if we reasonably believe that you have violated these Terms or the Acceptable Use Policy, that your use poses a security risk or could harm us, other customers or third parties, that a payment has failed or been disputed, or that suspension is required by law. Where appropriate, we will tell you why and give you a chance to fix the problem.
7. Termination
- You may stop using the Services at any time and may ask us to close your account by emailing support.
- We may end these Terms for any reason with 30 days' notice. In that case we will refund your unused purchased credits.
- We may end these Terms immediately if you materially breach them. In that case, to the extent permitted by law, unused credits are forfeited.
- Sections 3, 4 (as to amounts owed), 8, 9, 10, 12 and 13 survive termination.
8. Disclaimers
THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, ZITHER TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY OF OUTPUT.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ZITHER TECH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100.
10. Indemnification
You will defend and indemnify Zither Tech against third-party claims, and the resulting losses and costs, arising from your Customer Content, your products, or your violation of these Terms or the law.
11. Export controls and sanctions
You must comply with US export control and sanctions laws when using the Services. You confirm that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions; that you are not on, or owned or controlled by anyone on, a US government restricted-party list; and that you will not use the Services for any end use prohibited by those laws.
12. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising from these Terms or the Services, and both parties consent to their jurisdiction.
13. General
- These Terms, the Acceptable Use Policy and the Privacy Policy are the entire agreement between you and us about the Services.
- You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
- If any provision is found unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver.
- Neither party is liable for delays caused by events beyond its reasonable control.
- We send notices to the email address on your account. Send notices to us at support@zithertech.com.
14. Changes to these Terms
We may update these Terms. For material changes, we will notify you by email or in the console at least 14 days before they take effect, unless a change is required by law sooner. If you keep using the Services after the changes take effect, you accept the updated Terms.
15. Contact
The Zither Tech LLC
support@zithertech.com