Terms of Service

Effective Date: March 20, 2024
Last Updated: March 20, 2024

Welcome to HiveOps. These Terms of Service ("Terms") govern your use of the HiveOps AI inference platform ("Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our API, or using our Service in any way, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, you may not use the Service.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service.

2.2 Account Creation

You must provide accurate, complete, and current information during registration
You must verify your email address before using the Service
You are responsible for maintaining the security of your account credentials
You may not share your account or API keys with others
You must notify us immediately of any unauthorized access to your account

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time for:

Violation of these Terms
Violation of our Acceptable Use Policy
Fraudulent or illegal activity
Non-payment or insufficient account balance
Any reason at our sole discretion, with or without notice

3. API Access

3.1 API Keys

API keys are unique to your account and must be kept confidential
You may create up to 10 API keys per account
API keys expire after 90 days from creation
Lost or compromised keys cannot be recovered; you must generate new keys
You are responsible for all activity conducted using your API keys

3.2 Rate Limits

The Service is subject to rate limits:

60 requests per minute per API key
150,000 tokens per minute per API key

Excessive requests may result in temporary or permanent suspension.

3.3 API Usage

You must use the API in accordance with our documentation
You may only access the API through officially documented endpoints
Automated scraping or abuse of the API is prohibited
You must implement proper error handling and retry logic with exponential backoff

4. Billing & Payment

4.1 Pricing

Pricing is based on token usage and is subject to change
Current pricing is available at https://hiveops.io/pricing
All prices are in USD

4.2 Account Balance

You must maintain a positive account balance to use the Service
Services are immediately suspended when your balance reaches $0
Credit is non-refundable and non-transferable

4.3 Payment Methods

Payment is accepted via Stripe (credit/debit cards)
You authorize us to charge your payment method for balance top-ups
All payments are final and non-refundable except as required by law

4.4 Billing Disputes

You must notify us of any billing disputes within 30 days of the charge. After 30 days, charges are considered final and undisputed.

5. Service Availability

5.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. The Service is provided "as is" without warranty of any kind.

5.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts service. We will provide advance notice when possible.

5.3 Service Changes

We reserve the right to:

Modify or discontinue features
Change pricing
Add, remove, or update models and their capabilities
Impose new limitations or restrictions

6. Data & Privacy

6.1 Your Data

Prompts and completions are not logged or stored beyond the duration of the API call
We collect minimal metadata (timestamps, token counts, model used) for billing purposes
We do not train models on your data
See our Privacy Policy for full details

6.2 Data Retention

API logs: Retained for 7 days
Billing records: Retained for 7 years (legal requirement)
Account information: Retained until account deletion

6.3 Data Security

While we implement industry-standard security measures:

Do not send personally identifiable information (PII) through the API
Do not send protected health information (PHI)
Do not send sensitive financial data
We are not GDPR-compliant or HIPAA-compliant at this time

7. Intellectual Property

7.1 Service Ownership

HiveOps, our logo, and the Service are owned by HiveOps and protected by intellectual property laws. These Terms do not grant you any ownership rights.

7.2 Your Content

You retain ownership of all content you submit to the Service (your "Input"). By using the Service, you grant us a limited license to process your Input solely to provide the Service.

7.3 Generated Content

As between you and HiveOps, you own the content generated by the Service based on your Input (your "Output"). However:

Output may not be unique (other users may receive similar Output)
We do not guarantee the accuracy, reliability, or legality of Output
You are solely responsible for how you use Output

7.4 Model Licenses

Our Service uses open-source models subject to their respective licenses:

Llama 3 - Meta Community License Agreement
Gemma 2 - Google Gemma Terms of Use
Mistral - Apache 2.0 License

You are responsible for complying with these licenses when using Output from these models.

8. Warranties & Disclaimers

8.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Accuracy

We do not guarantee that Output will be accurate, complete, reliable, or current
Models may generate incorrect, biased, or harmful content
You are responsible for verifying and validating all Output before use

8.3 Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or content of third-party services.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIVEOPS'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO HIVEOPS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

9.2 Excluded Damages

IN NO EVENT SHALL HIVEOPS BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
DAMAGES ARISING FROM YOUR RELIANCE ON OUTPUT
DAMAGES ARISING FROM SERVICE INTERRUPTIONS OR ERRORS

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless HiveOps, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms or applicable laws
Your violation of any third-party rights
Content you submit or generate using the Service
Unauthorized use of your account or API keys

11. Acceptable Use

You must comply with our Acceptable Use Policy at all times. Prohibited uses include but are not limited to:

Illegal activities
Harassment, abuse, or harmful content generation
Spamming or phishing
Bypassing rate limits or security measures
Reverse engineering the Service
Reselling or redistributing the Service without authorization

See our full Acceptable Use Policy for complete details.

12. Termination

12.1 By You

You may terminate your account at any time by contacting [email protected]. Remaining account balance is non-refundable.

12.2 By Us

We may suspend or terminate your account immediately for:

Violation of these Terms or Acceptable Use Policy
Fraudulent activity
Legal or regulatory requirements
Insufficient balance (services suspended, not terminated)

12.3 Effect of Termination

Upon termination:

API access is immediately revoked
All API keys are invalidated
Remaining account balance is forfeited
You remain liable for all charges incurred before termination
Sections 7, 8, 9, 10, and 13 survive termination

13. Dispute Resolution

13.1 Governing Law

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

13.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except:

Claims under $10,000 may be brought in small claims court
Either party may seek injunctive relief in court for intellectual property matters