Template — pending legal review. This document is a working template and must be reviewed and completed by qualified counsel before it is relied on. Bracketed text such as [Company legal name] marks details still to be confirmed.
1.Agreement to these Terms
These Terms of Service (the "Terms") are a binding agreement between you and [Company legal name], a [jurisdiction] [entity type] with its registered office at [address] ("Cheaper Gen.", "we", "us"). They govern your access to and use of our website, application programming interface (the "API"), Studio, dashboard and related services (together, the "Service").
By creating an account, purchasing credits or using the Service, you agree to these Terms, our Acceptable Use Policy and our Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to it. If you do not agree, do not use the Service.
If you have signed a separate written agreement with us (for example an enterprise order form), that agreement controls where it conflicts with these Terms.
2.The Service
The Service gives you access to generative AI models developed by third parties ("Model Developers"), such as video and image generation models, through a single API and web interface. We operate the infrastructure that accepts, routes, executes and bills your requests. We do not develop these models and do not claim ownership of them; model names and trademarks belong to their respective owners.
We may add, change, update or retire models, endpoints, parameters and features. Where a change materially reduces functionality you rely on, we will try to give reasonable advance notice, for example in the documentation or by email.
3.Accounts and API keys
- You must be at least 18 years old and able to form a binding contract to use the Service.
- You must provide accurate account information and keep it up to date.
- You are responsible for all activity under your account and API keys, including charges incurred by anyone using your keys. Keep keys confidential, never embed them in client-side code, and revoke any key you believe has been exposed.
- Notify us promptly at support@cheapergen.com of any unauthorized use of your account.
4.Prepaid credits, pricing and payment
Prepaid credits. The Service is paid for with prepaid credits denominated in US dollars. You purchase credits in advance and they are drawn down as you use the Service. Credits have no cash value, are not a deposit or stored-value account, and may not be transferred, sold or exchanged.
Prices. Usage is charged at the prices published on our pricing page and model pages at the time a request is submitted (for example per second of generated video or per generated image). We may change prices at any time; changes apply only to requests submitted after the change.
Holds and refunds of usage. When you submit a request, its quoted price is reserved from your credit balance. If the request completes successfully the reserved amount is charged. If it fails, or you cancel it before processing starts, the reserved amount is returned to your credit balance.
No refunds of credits. Except where required by applicable law, or as expressly stated in these Terms, purchased credits are non-refundable, including when your account is closed or terminated. [Credit expiry: credits do not expire while your account is active / credits expire [12] months after purchase — to be confirmed.]
Payment. Payments are processed by our third-party payment processor. By saving a payment method and enabling automatic top-up, you authorize us to charge that payment method for the amount you selected whenever your balance falls below your chosen threshold, until you disable automatic top-up. Prices exclude taxes; you are responsible for any applicable taxes, which may be added at checkout.
Disputes and chargebacks. If you believe a charge is wrong, contact us first. We may suspend accounts with disputed or reversed payments and recover any negative balance.
5.Acceptable use
You must comply with our Acceptable Use Policy, which forms part of these Terms, and with any usage policies of the Model Developers that apply to the models you use. You may not use the Service to violate the law or the rights of others, to generate prohibited content, or to interfere with, reverse engineer or circumvent the security, rate limits or billing of the Service.
6.Your content
"Inputs" are the prompts, images, video, audio and other material you submit. "Outputs" are the content generated for you. Inputs and Outputs together are "Customer Content".
- Ownership. As between you and us, you retain your rights in your Inputs and, to the extent permitted by law and the applicable Model Developer's terms, we assign to you any rights we have in your Outputs.
- Our use. You grant us a worldwide, non-exclusive license to host, process, transmit and store Customer Content only as needed to provide, secure and support the Service, including passing it to the providers that run the models on our behalf.
- No training. We do not use Customer Content to train or fine-tune AI models. [Confirm for each provider that its terms prohibit training on API inputs and outputs before publishing this statement.]
- Your responsibility. You represent that you have all rights and consents needed to submit your Inputs, including the consent of any person whose likeness or voice appears in them, and that your use of Outputs complies with law.
- Nature of Outputs. Generative models are probabilistic. Outputs may be inaccurate, may not be unique, and other users may receive similar Outputs. You are responsible for reviewing Outputs before you rely on or publish them.
We retain Customer Content as described in our Privacy Policy. Download any Outputs you wish to keep; we are not an archival service.
7.Third-party models and providers
Requests are executed by third-party cloud and model providers that we select. Model availability, behavior and content filtering are partly controlled by those providers and the Model Developers, and may change without notice. Some models are subject to additional usage terms of their developers, which we will make available on request; by using such a model you agree to comply with them. We are not responsible for third-party services you choose to connect to the Service, such as destinations for webhooks.
8.Availability and support
We work to keep the Service available and publish current availability on our status page, but unless you have a separate written agreement that includes a service level agreement, the Service is provided without any uptime commitment. We may perform maintenance, apply rate and concurrency limits, and temporarily suspend models or features to protect the Service. Support is provided by email on a reasonable-efforts basis.
9.Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms or the Acceptable Use Policy, if your use creates legal, security or operational risk, if required by law or a provider, or if your account is inactive for [24] months.
On termination your right to use the Service ends. Sections that by their nature should survive (including payment obligations, content licenses needed to wind down, disclaimers, limitations of liability, indemnities and governing law) survive termination. If we terminate your account for convenience and not because of your breach, we will refund any unused credit balance.
10.Our intellectual property and feedback
We and our licensors own the Service, including our software, documentation, website and brand. These Terms do not grant you any rights in them except the limited right to use the Service as permitted here. If you send us feedback or suggestions, we may use them without obligation to you.
11.Disclaimers
To the maximum extent permitted by law, the Service, models and outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation.
12.Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
Our total liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us in the twelve (12) months before the event giving rise to the claim and (b) one hundred US dollars (US$100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13.Indemnification
You will defend, indemnify and hold harmless Cheaper Gen. and its affiliates, officers and employees from any third-party claims, damages and costs (including reasonable legal fees) arising from your Inputs, your use of Outputs, or your breach of these Terms or the Acceptable Use Policy.
14.Governing law and disputes
These Terms are governed by the laws of [governing law jurisdiction], without regard to its conflict-of-laws rules. The courts located in [venue] have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any competent court. [Arbitration / class-action waiver provisions — to be decided by counsel.]
15.Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and update the "Last updated" date, and for material changes we will give at least [14] days' notice by email or in the dashboard. Continuing to use the Service after changes take effect means you accept them.
16.Contact
Questions about these Terms: support@cheapergen.com. Enterprise and contract enquiries: sales@cheapergen.com. Postal address: [Company legal name], [address].