Terms of Service.

1. Scope and acceptance

These Terms apply to your access to and use of alluv websites, APIs, model profiles, reserved capacity, dedicated infrastructure, on-premises projects, support and related services (together, the “Services”). By placing an order, receiving credentials, or using the Services, you agree to these Terms and the Privacy Policy.

The Services are offered only to businesses acting in the course of their commercial or professional activity. You confirm that you have authority to bind the business you represent. Consumer contracts are not offered under these Terms.

2. Service model and orders

alluv provides specialist language-model access and infrastructure. The exact service, model profile, interface, capacity envelope, service period, price, payment terms and any support or availability commitments are defined in the applicable written order, order confirmation or separately signed agreement (an “Order”). An Order takes precedence over these Terms where it expressly says so.

Descriptions on the website are informational. Pre-launch information is not an offer to conclude a contract, performance guarantee, benchmark result or commitment to make a specific model or feature available.

3. Access, credentials and security

You must keep account credentials, API keys and access tokens confidential, restrict access to authorised personnel and notify us without undue delay if you suspect unauthorised use. You are responsible for activity performed with your credentials unless caused by our breach of these Terms.

We may apply reasonable technical limits, including concurrency, context, rate, capacity or maintenance limits, to protect the Services and other customers. We may suspend access where reasonably necessary for security, legal compliance, prevention of abuse, non-payment, or protection of the Services.

4. Acceptable use

You may use the Services only in accordance with applicable law, these Terms and the relevant Order. You must not use the Services to:

• violate law, sanctions, export controls, intellectual-property rights, confidentiality obligations or the rights of others;
• submit or generate malware, facilitate unauthorised access, interfere with systems, probe security controls, circumvent access limits or disrupt the Services;
• create, distribute or enable abusive, fraudulent, deceptive, discriminatory, violent or unlawful content or activity;
• make solely automated decisions with legal or similarly significant effects on individuals, or use outputs as medical, legal, financial, safety-critical or emergency advice or control, unless expressly agreed in writing and independently validated for that purpose;
• process personal data through the Services unless the relevant data-protection requirements, including any required data processing agreement, have been satisfied; or
• reverse engineer, resell, sublicense, or make the Services available to third parties except as expressly permitted in an Order.

5. Your content and AI output

You retain the rights you hold in prompts, data, code, files and other material you submit to the Services (“Customer Content”). You grant us the limited, non-exclusive right to process Customer Content solely as necessary to provide, secure and support the Services in accordance with these Terms and the applicable Order.

As between you and us, we assign to you any transferable rights we may have in output generated for you. You are responsible for reviewing outputs before use and for assessing their accuracy, completeness, safety, legality, intellectual-property position and fitness for your intended purpose. AI output can be incorrect, incomplete or unsuitable even where a specialist profile is used.

6. Data handling

Customer Content is processed transiently to answer the request. The alluv gateway does not store prompt or completion content and does not use it to train models. Technical service telemetry is processed as described in the Privacy Policy.

Where we process personal data on a business customer’s behalf and Article 28 GDPR requires it, the parties will conclude a separate data processing agreement before that processing begins. Nothing in these Terms replaces a data processing agreement where one is legally required.

7. Fees, payment and taxes

Fees, currency, billing cycle, payment due dates, taxes, cancellation and any credits are defined in the applicable Order. Unless the Order says otherwise, all amounts exclude applicable taxes. You are responsible for taxes connected with your purchase other than taxes on our net income.

We may change prices for a future service period only as stated in the applicable Order or after reasonable prior notice where no fixed price has been agreed. Statutory rights remain unaffected.

8. Availability, maintenance and support

The standard Services do not include a service-level agreement or a guaranteed level of availability. Planned maintenance, emergency work, upstream network failures, force majeure, your configuration or use, and circumstances outside our reasonable control may affect availability. Any service-level, support or remedy commitment applies only if expressly stated in an Order.

9. Intellectual property

We and our licensors retain all rights in the Services, documentation, software, model profiles, branding and underlying technology, excluding Customer Content and the assigned output rights described above. Subject to these Terms and the applicable Order, we grant you a limited, non-exclusive, non-transferable right to use the Services during the agreed service period for your internal business purposes.

10. Warranties and liability

The Services are provided with the characteristics expressly agreed in the applicable Order. Except for those express commitments, no particular outcome, uninterrupted availability, error-free operation, suitability for a particular purpose or output accuracy is promised.

We are liable without limitation for intent, gross negligence, injury to life, body or health, and liability that cannot lawfully be limited. For slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for the contract. In all other cases of slight negligence, our liability is excluded to the extent permitted by law. These limits also apply to the liability of our employees, representatives and vicarious agents.

11. Term, termination and effect

The service period and ordinary termination rights are defined in the applicable Order. Either party may terminate for cause where the other party materially breaches these Terms or an Order and does not remedy the breach within a reasonable written cure period, unless a cure is not possible or is not reasonable.

On termination, access ends. You remain responsible for exporting any data or output you require before access ends. We will handle personal data in accordance with the Privacy Policy, a data processing agreement where applicable, and legal retention obligations.

12. Marketplace access

If you access an alluv service through a marketplace, platform or reseller, that access may also be governed by the marketplace’s or reseller’s own terms, privacy notice, billing rules and technical policies. Those third-party terms apply alongside these Terms for the third party’s service; they do not alter our privacy commitments for alluv processing unless an Order expressly states otherwise.

13. Changes to these Terms

We may update these Terms for future use to reflect legal, security, technical or service changes. Material changes will be published here with an updated effective date and, where appropriate, communicated through the contact channel in the applicable Order. Continued use after an updated version takes effect constitutes acceptance, except where a different process is required by law or agreed in an Order.

14. Governing law and jurisdiction

These Terms are governed by the laws of Germany, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes arising from or connected with these Terms is Straubing, Germany, provided the customer is a merchant, legal entity under public law or special fund under public law.

15. Contact

Questions about these Terms can be sent to info@4rce.com.