Terms of Service

Last Updated: February 5, 2025

These Terms of Service (this "Agreement") apply to your access and use of the HyperCLI platform, websites, APIs, SDK, CLI, documentation, and related services (collectively, the "Services"). "We", "HyperCLI", and "us" mean HyperCLI, Inc., the provider of the Services. The terms "User" and "you" mean any user of the Services.

By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Services.

1. Services Overview

HyperCLI provides GPU orchestration, LLM inference APIs, image and video generation (Render API), and related developer tools. You may access the Services through our API, SDK, CLI, web console, or other interfaces we provide.

2. Account Registration

To use certain features of the Services, you must create an account. When registering, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or API keys. API keys are confidential credentials and must not be shared outside your organization or beyond authorized users.

You represent that you are at least 18 years of age. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to:

  • Generate illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Violate any applicable laws, regulations, or third-party rights
  • Attempt to circumvent rate limits, access controls, or security measures
  • Reverse engineer, decompile, or attempt to extract the underlying models or algorithms
  • Resell, redistribute, or sublicense access to the Services without authorization
  • Use the Services to develop competing products or services
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to any systems or networks connected to the Services
  • Use the Services to send spam or unsolicited communications
  • Upload malware, viruses, or other malicious code

4. User Content

You may submit prompts, data, files, and other content through the Services ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant HyperCLI a limited license to process such content solely to provide the Services to you.

You are responsible for ensuring that your User Content complies with applicable laws and does not infringe on the rights of third parties. You represent that you own or have obtained the necessary rights and permissions to use and submit your User Content.

As described in our Privacy Policy, we do not store User Content beyond what is necessary to process your requests in real-time, and we do not use User Content to train AI models.

5. Fees and Payment

Certain features of the Services require payment. Pricing is displayed on our website and in the console. You agree to pay all fees associated with your use of the Services.

Payments are processed by Stripe or via cryptocurrency. By providing payment information, you authorize us to charge your payment method for fees incurred. You are responsible for any fees charged by your payment provider.

We reserve the right to modify pricing at any time. We will notify you of price changes before they take effect. Continued use of paid Services after a price change constitutes acceptance of the new pricing.

If payment fails or your balance is insufficient, we may suspend your access to the Services until payment is received.

6. Intellectual Property

The Services, including all software, documentation, APIs, and content provided by HyperCLI (excluding User Content), are owned by HyperCLI and are protected by intellectual property laws.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code, except as permitted by law.

7. Third-Party Services

The Services may integrate with or rely on third-party services, including AI model providers, cloud infrastructure, and payment processors. We are not responsible for the availability, accuracy, or policies of third-party services.

Your use of third-party services may be subject to additional terms and conditions. We encourage you to review the terms of any third-party services you use in connection with our Services.

8. Service Availability

We strive to provide reliable Services, but we do not guarantee that the Services will be available at all times or without interruption. We may modify, suspend, or discontinue any part of the Services at any time, with or without notice.

We reserve the right to modify API endpoints, rate limits, available models, features, and other aspects of the Services. We will make reasonable efforts to notify you of material changes.

9. Termination

You may cancel your account at any time through the console or by contacting support. Upon cancellation, your access to the Services will terminate.

We may suspend or terminate your access to the Services at any time, with or without cause, including if we believe you have violated this Agreement. Upon termination, your right to use the Services immediately ceases.

Sections of this Agreement that by their nature should survive termination will survive, including intellectual property, limitation of liability, and dispute resolution provisions.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERCLI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. AI MODEL OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR INAPPROPRIATE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND USING ANY OUTPUT FROM THE SERVICES.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERCLI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless HyperCLI and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your User Content
  • Your violation of this Agreement
  • Your violation of any third-party rights

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14. Changes to This Agreement

We may modify this Agreement at any time by posting the revised terms on our website. Material changes will be communicated via email or a prominent notice on the Services. Your continued use of the Services after changes become effective constitutes acceptance of the revised Agreement.

If you do not agree to the revised terms, you must stop using the Services.

15. General Provisions

Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and HyperCLI regarding the Services.

Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in effect.

Waiver: Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time.

16. Contact Us

If you have any questions about this Agreement, please contact us at support@hypercli.com.