Terms of Service

These Terms are the agreement between you and us for using BitsRun. Please read them.

The short version

You pay in advance. Credit you pay for does not expire. Unused paid credit can be refunded if you ask within 60 days of the payment, and all of it when your account closes (Refund Policy).
Plans and monthly top-ups renew every month until you cancel. You can cancel any time on the Billing page.
Your models, prompts and outputs are yours. We never log or store prompts or outputs, and we never train on them.
You are responsible for the models you deploy and for how you and your users use them.
No uptime commitment. Reply times for support are targets, not guarantees.
Our liability is limited (section 14), with exceptions that protect you.
Disputes go to the courts of New Jersey, USA. There is no arbitration and no class action waiver (section 16).

BitsRun is a product of Cabrera-Lalama Enterprises LLC, a New Jersey limited liability company doing business as Web Bits ("Web Bits", "we", "us"). Our address is 355 Chestnut St, 2nd Floor, Union, NJ 07083, USA. "BitsRun" is a product name, not a separate company.

"You" means the person who creates the account and, if you use BitsRun for a company or other organization, that organization. If you sign up for an organization, you confirm that you are allowed to accept these Terms for it.

2. What makes up the agreement

The agreement is:

these Terms,
the Acceptable Use Policy, and
the Refund Policy.

The Privacy Policy explains how we handle personal information. It is a notice, not a contract term.

You accept the agreement when you tick the box and select Agree and continue in the dashboard. We record the version you accepted and the time. If you do not agree, do not use BitsRun.

Our help pages, pricing page and marketing describe the service. If one of them says something different from these Terms, these Terms decide, except for prices, which are the ones shown on the pricing page when you use the service.

3. Who can use BitsRun

You must be at least 18 years old and able to enter a contract.
BitsRun is made for business and professional use. Individuals are welcome too. Whoever you are, we wrote these Terms to the standard of consumer law, and nothing in them takes away a consumer right that New Jersey law says cannot be waived.
You may not use BitsRun if you are subject to United States sanctions, or located in or acting for a place or person that is.
BitsRun is not available in every country or region. We may limit or stop access from some places at any time, to follow the law or for business reasons. Using a VPN, proxy or other tool to get around these limits is not allowed.

4. Your account

You sign in with your email address, a one-time code and, if you choose, a passkey. Keep access to your email and devices safe.
API keys, command line sessions and paired devices act as you. You are responsible for everything done with them, and for the people and apps you give them to.
Tell us at once at support@bitsrun.com if you think someone else has access. You can revoke keys, sessions and devices yourself at any time.
Give us an email address you read. We send notices about your account and these Terms there.
One person or organization should not open several accounts to get around limits or a suspension.

5. The service

BitsRun runs open AI models that you choose as private API endpoints on our managed systems in the United States. An endpoint starts when a request arrives and stops after it has been idle for the time you set.

What that means in practice:

Starting takes time. The first request after an endpoint has been asleep waits while a GPU starts and the model loads. Our help pages give typical times. They are estimates, not promises.
Capacity is not guaranteed. GPUs can be in short supply, and a running endpoint can be interrupted and restarted. Design your app to retry.
No uptime commitment. We work hard to keep BitsRun running, but we do not promise a level of availability, and no plan includes a service level agreement.
Limits apply. Each plan has limits on endpoints, requests at once, storage and similar things. They are listed on the pricing and help pages and can change.
Support. You can reach us at support@bitsrun.com. Reply times shown for a plan are targets, not guarantees.
We choose where it runs. We pick the data centers, always in the United States, and may change them.

We may change, add or remove features. If we remove a feature you are paying for, or make a change that makes the service materially worse for you, we will give you at least 30 days' notice by email, unless the change is needed sooner for security or to follow the law.

Features marked "beta" or "preview" may change or end at any time and may be less reliable.

Some features are offered only at certain times or to certain accounts. When a feature is available to you, the terms shown for it on this page and in the product apply to it, and using the feature means you accept them.

6. Software and apps

We provide the bitsrun command line tool and terminal agent and, once they are available in the app stores, mobile apps for iOS and Android ("the software"). The software is free. It is owned by Web Bits and licensed to you, not sold.

You may install and use the software on devices you own or control, for your own personal or business use, for as long as you follow these Terms.
You may not copy it for others, sell or rent it, or reverse engineer it, except where a law that applies to you gives you that right in spite of this sentence. In New Jersey this restriction applies in full.
The software includes open source components. Their licenses are listed with the software and apply to those components.
The terminal agent can work with model providers other than BitsRun, using your own account and API key with that provider. Those providers have their own terms, prices and privacy practices. We are not responsible for them, and what you send to them goes straight from your computer to them.
The terminal agent can read and change files and run commands on your computer when you approve it or set it to work without asking. You are responsible for what you allow it to do. Review its work, and keep backups of anything you cannot afford to lose.
We may update the software, and older versions may stop working with the service.

Apps from the Apple App Store. These Terms are between you and Web Bits, not Apple. Apple is not responsible for the app or its content, has no duty to provide support for it, and is not responsible for claims about it, including product liability, legal compliance and intellectual property claims. If the app fails to meet a warranty that applies, you may tell Apple, and Apple will refund the price you paid for the app, if any; Apple has no other warranty duty. Your use must follow the App Store's usage rules. Apple and its subsidiaries are third-party beneficiaries of this paragraph and may enforce it. You confirm that you are not in a country under a United States government embargo and are not on a United States government list of prohibited or restricted parties.

7. Paying for BitsRun

Prepaid credit. BitsRun is prepaid. You add credit to your account in US dollars and your usage draws from it. There is no bill at the end of the month.

Who you pay. Payments are sold through Link, a Stripe company, which is the seller of record. Link takes your payment, adds any sales tax, VAT or similar tax that applies, and sends your receipt. Your statement shows a charge from Link with the BitsRun name. Link's own terms, shown at checkout, apply to the payment. We never see or store your card number.

What we charge for. Prices are on the pricing page and in the dashboard.

Running endpoints are charged per second, from the moment the model is ready until the endpoint goes back to sleep after its idle time. Starting a GPU and loading the model are not charged.
Always-on and priority options are charged at the rates shown when you turn them on. Always-on is charged for every second it is on, whether or not requests arrive.
Stored models above your plan's free amount are charged once a day.
Every charge is listed in Usage in the dashboard.

When credit runs out. At a balance of $0 your endpoints stop and new requests are refused until you add credit. Because usage is measured as it happens, your balance can go slightly below $0. A negative balance is paid off by your next credit.

Stored models at a negative balance. Storage keeps being charged while your balance is below $0. On the first day we email you the date your stored models will be deleted, and we remind you 2 days before. If your balance is still below $0 after 7 days, we delete your stored models and the endpoints that use them, and email you to confirm. Adding enough credit to bring the balance to $0 or more cancels the deletion. Deleted models cannot be recovered.

Plans and the monthly top-up renew automatically. If you start a plan or a monthly top-up, Link charges your payment method the price shown, plus tax, every month until you cancel. Each plan payment adds the same amount as credit. You can cancel at any time on the Billing page of the dashboard, the same place you started it. After you cancel, your plan stays until the end of the month you paid for and then does not renew. Plan payments are not refunded for part of a month.

Credit.

Credit you paid for does not expire.
Bonus credit and credit included in a plan are promotional. They are not refundable and have no cash value. Today they do not expire either. If we ever add an expiry, we will give at least 30 days' notice by email, and it will apply only to promotional credit added after the notice.
Credit can be used only for BitsRun, on the account it was added to. It cannot be transferred, sold or exchanged for cash, except for refunds under the Refund Policy. It is not a bank deposit and earns no interest.
We count credit as used in the order it was added, oldest first. A top-up and the bonus that came with it are used together, in proportion.

Price changes. We may change prices. A change never reduces credit you already have. For a higher price on something you are using, or on a plan or monthly top-up, we give at least 30 days' notice by email, and you can cancel before it starts.

Refunds. The Refund Policy says what we refund and how to ask.

Payment disputes. If you think a charge is wrong, please write to us first; we can usually fix it faster than a bank can. If you dispute a payment with your bank or card company, the credit from that payment is removed while the dispute is open and returned if it is decided in our favor. If that makes your balance negative, your endpoints stop.

8. Your models and content

Yours stays yours. You own the models you upload, the prompts and other inputs you send, and the outputs your endpoints return, as far as the law and the model's license give you ownership. We claim no rights in them.

What you let us do. You give us permission to store, copy and run your models and to pass your inputs and outputs through our systems, only to provide the service to you. This permission ends when you delete the content or your account, apart from routine backups that are erased shortly after.

Prompts and outputs. We do not log or store your prompts or outputs, and we do not use them, or your models, to train anything. Because we do not look at them, we cannot check them for you, and you are responsible for them.

Your responsibility for models. You choose the models you deploy. You confirm that you have the right to use each one the way you use it, including following its license and any terms you accepted from its author. We show the license a model declares where we can, but we do not check it for you.

Models from Hugging Face. If you add a Hugging Face access token, you authorize us to use it to check your access and to copy the repositories you choose into your private storage. Use a read-only token. The copy is for your account only. If you lose the right to use a model, delete your copy.

What we run. We run model weights in the formats listed in our help pages. We do not run code that comes with a model, and we may refuse or remove files that are unsafe or unsupported.

AI outputs can be wrong. Models can produce text that is inaccurate, offensive or made up, even when it sounds confident. BitsRun does not check outputs. Do not rely on an output as fact or as professional advice (for example medical, legal or financial advice) without checking it, and do not let an output alone make a decision that seriously affects a person.

Your users. You may build products on your endpoints and offer them to your own users. You are responsible for those users, for your own terms and privacy notice, for telling people when they are dealing with an AI system where the law requires it, and for any safety measures your product needs.

9. Acceptable use

You must follow the Acceptable Use Policy. In short: nothing illegal, no content that sexually exploits children, no intimate images of people without their consent, no fraud, no malware, no attacks on our service or anyone else's, and no models or content you have no right to use.

10. Feedback and our rights

BitsRun, the software, the site and our names and logos belong to Web Bits or its licensors. These Terms give you no rights in them beyond using the service.

If you send us ideas or feedback, we may use them without owing you anything. We will not use your name or logo to promote BitsRun without your permission.

11. Suspending or closing an account

By you. You can delete your account at any time from the dashboard or the apps. The delete account page explains what is deleted and what we must keep. Any plan and monthly top-up are cancelled. You can ask for a refund of all your unused paid credit, whatever its age, as the Refund Policy explains.

By us. We may suspend your account, stop your endpoints or revoke your API keys if:

you break these Terms or the Acceptable Use Policy,
we reasonably believe your account is being used for fraud or without your permission, or that it puts the service, other customers or other people at risk,
a payment is reversed or disputed, or
the law or a court requires it.

We will tell you by email and give you a chance to fix the problem first, unless the problem is serious or urgent, or the law does not let us tell you. If the problem is fixed, we lift the suspension.

We may close your account if a serious breach is not fixed, if it is repeated, or if it cannot be fixed. We may also stop offering BitsRun, or close an account for another reason, with at least 30 days' notice by email.

What happens to your credit. When an account closes for any reason, the credit you paid for and did not use stays yours, whatever its age:

If you delete your account, or we close it for a reason other than your breach, or we stop offering BitsRun, we refund all your unused paid credit. When we close an account or the service, we refund it without being asked where we can.
If we close your account because of your breach, we first take off the amounts your account owes us, such as unpaid usage and bank dispute fees, and refund the rest. If we believe a payment was made without the cardholder's permission, we return it to the payment method it came from.
Bonus credit and credit included in a plan are promotional and are not refunded.

What happens to your data. When an account is closed, its endpoints stop and its stored models and settings are deleted as described in the Privacy Policy. Download anything you need first.

Sections that by their nature should continue after the agreement ends do so, including sections 7 (for amounts owed), 8, 10, 13, 14, 15 and 16.

12. Export and sanctions

You agree to follow all export control and sanctions laws that apply to you and to BitsRun. You may not use BitsRun, or let anyone else use it through your account, endpoints or API keys, if that person or place is subject to sanctions or export restrictions, or for any use those laws forbid. You are responsible for anyone you give access to.

13. Disclaimers

We provide BitsRun with reasonable care and skill. Beyond that, and beyond what these Terms say:

BitsRun, the software and everything that comes with them are provided "as is" and "as available". We make no other promises or warranties about them, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, we do not promise that the service will be uninterrupted, fast or free of errors, that a model will be suitable for your purpose, or that outputs will be accurate.

The open models you deploy, and the model providers you connect the terminal agent to, are made by others. We are not responsible for them.

14. Limits on liability

We want to be straightforward about what happens if something goes wrong.

What we are not liable for. Neither you nor we are liable to the other for lost profits, lost revenue, lost business, lost data that you could have backed up, or indirect, special or consequential losses, however they arise.

Cap. Our total liability to you for all claims connected with BitsRun in any 12-month period is limited to the larger of (a) the amounts you paid for BitsRun in the 12 months before the event that gave rise to the claim and (b) US $100.

What these limits do not affect. Nothing in these Terms limits or excludes liability for:

fraud or deliberate wrongdoing,
death or personal injury caused by negligence,
gross negligence,
refunds we owe you under the Refund Policy or section 11,
if you use BitsRun as a consumer, losses caused by our negligence, or
damages, attorneys' fees and costs you are entitled to under the New Jersey Consumer Fraud Act or any other law that says they cannot be limited by contract.

These limits apply in full in New Jersey. If you are a consumer who lives in another state or country whose law gives you rights that cannot be limited by contract, these Terms do not take those rights away.

15. If someone makes a claim because of you

If another person or organization brings a claim against us because of the models or content you used with BitsRun, the products you built on it, or your breach of these Terms, you will cover the reasonable costs and damages we have to pay because of that claim. We will tell you about the claim promptly, let you take part in defending it, and not settle it in a way that puts a duty on you without asking you. This does not apply to the extent the claim was caused by our own fault, and it never covers attorneys' fees the law entitles you to recover from us.

16. Law and disputes

Talk to us first. Most problems are solved by writing to support@bitsrun.com. If you have a legal dispute with us, write to legal@bitsrun.com or to our address with what happened and what you would like us to do. We will do the same if we have a dispute with you, using your account email. Each side will give the other 30 days to try to settle it before starting a court case, unless a deadline to sue would pass in that time.

Law. These Terms are governed by and read under the laws of the State of New Jersey, USA, without regard to rules that would apply another place's law.

Courts. Disputes are decided only by the state courts of New Jersey or the federal court for the District of New Jersey, and you and we agree to those courts. There is no arbitration. Either side may still use a small claims court that has the power to hear the case.

Consumers outside New Jersey. If you use BitsRun as a consumer and the law of the place where you live gives you protections that cannot be given up by contract, or the right to bring a case in your home courts, this section does not take those away. In New Jersey, this section applies in full.

17. Changes to these Terms

We may update these Terms, for example when we add features or the law changes. The date and version at the top show the current one, and we keep earlier versions available on request.

For a change that matters to your rights or what you pay, we email you at least 30 days before it takes effect and ask you to accept the new version in the dashboard.
If you do not agree, you can close your account before the change takes effect. If you do, we refund all your unused paid credit, whatever its age.
Small changes that do not reduce your rights, such as fixing wording or describing a new optional feature, take effect when posted.

18. General

Notices. We send notices to your account email. Send legal notices to us at legal@bitsrun.com and by mail to the address in section 1.
Transfer. You may not transfer this agreement without our written consent. We may transfer it to a company that takes over BitsRun, and we will tell you if we do.
Events outside our control. Neither side is responsible for a delay or failure caused by something it could not reasonably control, such as an outage at a hosting or network provider, a natural disaster or an act of government. This does not excuse a payment that is owed.
If part of these Terms cannot be enforced, the rest still applies.
No waiver. If we do not enforce a right at once, we can still enforce it later.
Whole agreement. The documents in section 2 are the whole agreement between you and us about BitsRun and replace earlier ones.
No third-party rights. Only you and we can enforce this agreement, except as section 6 says for Apple.

19. Contact

Questions and support: support@bitsrun.com
Privacy: privacy@bitsrun.com
Abuse reports: abuse@bitsrun.com
Legal notices and copyright complaints: legal@bitsrun.com
Mail: Cabrera-Lalama Enterprises LLC, doing business as Web Bits, 355 Chestnut St, 2nd Floor, Union, NJ 07083, USA