Terms of Service

These Terms of Service govern your access to and use of the BFC AI Gateway website, APIs, playgrounds, dashboards, documentation, and any related software or services we make available (collectively, the “Services”).

By creating an account, accessing the Services, or using the Services in any way, you agree to be bound by these Terms. If you use the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

You must be legally able to enter into a binding agreement to use the Services. You are responsible for providing accurate registration information and keeping your account credentials secure. You may not share credentials in a way that circumvents seat, user, project, or billing limits. You are responsible for all activity through your account or API keys.

• Keep API keys, tokens, and passwords confidential.
• Promptly notify us of suspected unauthorized access or misuse.
• Use separate keys, projects, or workspaces where required by your internal security and audit practices.

BFC AI Gateway provides infrastructure that helps you access and route requests across multiple AI models and suppliers through a unified interface. Available models, modalities, parameters, and suppliers may change over time.

Certain features rely on third-party providers. We may add, remove, suspend, or replace suppliers, models, endpoints, or integrations to maintain service quality, comply with legal requirements, or respond to operational or commercial changes.

We may make beta, preview, early-access, or newly launched features available from time to time. These offerings may have reduced functionality, incomplete parameter coverage, limited documentation, or changing performance characteristics. They are provided on an as-available basis and may be modified or withdrawn without prior notice.

You agree to pay all fees, usage charges, subscription charges, overages, and applicable taxes associated with your use of the Services. Charges may use prepaid credits, postpaid invoicing, usage-based metering, subscription tiers, or a combination of these methods.

Unless a separate order form or enterprise agreement states otherwise, fees are non-refundable. Promotional credits, free credits, and trial balances have no cash value, may expire, and may be revoked or modified at any time.

Any prepaid balance is a contractual prepayment for Services. It does not create a deposit account, stored-value account, escrow account, trust account, or any right of withdrawal or redemption.

• You are responsible for keeping billing information current.
• We may suspend access for failed payments, negative balances, billing abuse, or chargeback risk.
• You are responsible for taxes, duties, or similar governmental assessments arising from your use, excluding taxes on our net income.

You may use the Services only in compliance with these Terms, applicable law, and any technical or usage rules we publish. You may not violate rights, evade restrictions, or interfere with platform security, reliability, or availability.

Except where prohibited by law, you may not reverse engineer or abuse the Services to discover confidential infrastructure, supplier credentials, hidden routing logic, or internal safeguards.

• Do not use the Services for unlawful, fraudulent, harassing, abusive, or rights-infringing activity.
• Do not develop or distribute malware, credential attacks, spam, deceptive automation, or platform abuse.
• Do not scrape, overload, or probe the Services in a way that disrupts shared infrastructure or bypasses rate limits, quotas, or access controls.
• Do not remove or obscure proprietary notices, attribution, or technical safeguards associated with the Services.

Compliance information

To comply with applicable law, including export controls, sanctions, anti-money-laundering requirements, and similar obligations, we may require documents or information to verify your identity, business activities, end users, intended use cases, or compliance posture. You must promptly provide accurate, complete, and truthful information. We may suspend, terminate, or refuse access if you do not do so or if we reasonably believe continued service presents legal or compliance risk.

Export controls and sanctions

The Services may be subject to trade restrictions, export-control laws, and economic sanctions maintained by the United States and other applicable jurisdictions. You agree to comply with those requirements. You represent that you are not located in, organized under the laws of, or ordinarily resident in a comprehensively sanctioned jurisdiction that prohibits your use of the Services, and that you are not listed on an applicable restricted-party list. You may not sell, export, re-export, transfer, divert, or otherwise dispose of the Services in violation of applicable law.

As between you and BFC AI Gateway, you retain rights in the prompts, files, data, and other content you submit, subject to the rights needed for us and our providers to process that content to operate the Services.

AI outputs may be probabilistic, inaccurate, incomplete, offensive, unavailable in certain regions, or subject to supplier-specific restrictions. You are responsible for evaluating outputs before using, publishing, commercializing, or relying on them.

By submitting prompts, files, data, or other service content, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, process, route, display, reproduce, and make formatting modifications to that content solely as reasonably necessary to provide, protect, support, improve, and administer the Services, enforce these Terms and applicable platform policies, and comply with law.

• Obtain all rights, permissions, and consents needed for submitted content.
• Ensure your use of generated outputs complies with law, contract, and applicable platform policies.
• Do not rely on AI output as a substitute for professional, legal, medical, financial, or safety-critical advice.

We may process prompts, metadata, logs, billing records, technical traces, and support materials as needed to provide, secure, maintain, monitor, and improve the Services. Our handling of personal data is governed by any applicable privacy and data processing terms.

When requests are routed to third-party model providers, submitted content and related data may be processed under those providers' terms, privacy policies, and technical practices. Providers may offer different retention, isolation, or privacy protections. We do not control and cannot fully guarantee a provider's internal data handling beyond the commitments applicable to the relevant offering. You are responsible for reviewing provider practices and determining whether a model is appropriate for your intended use.

You remain responsible for appropriate access controls, user permissions, retention settings, and internal review processes for your use of the Services.

The Services, including our software, site design, routing systems, documentation, trademarks, and related materials, are owned by BFC AI Gateway or its licensors and protected by intellectual property laws.

If you provide feedback, ideas, suggestions, or improvement requests, you grant us a worldwide, irrevocable, royalty-free right to use that feedback for any lawful purpose without compensation or attribution.

We may change, suspend, or discontinue any part of the Services at any time, including features, suppliers, models, quotas, documentation, pricing, or technical requirements.

Unless a separate written agreement expressly states otherwise, any availability target, including a reference to 99.9% availability, is a service objective only. It is not a warranty, guarantee, service-level commitment, or service-credit obligation under these Terms.

We may immediately suspend or restrict access if we reasonably believe your use creates legal, security, fraud, abuse, credit, operational, or reputational risk, or if required by a supplier, regulator, or court order.

You may stop using the Services at any time. We may terminate or suspend your account or access if you breach these Terms, fail to pay amounts due, create risk to the Services or others, or if we discontinue the applicable Services.

Upon termination, your right to use the Services ends immediately. Provisions that by their nature should survive will remain effective, including payment, ownership, disclaimers, limitations of liability, indemnity, and dispute resolution.

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, BFC AI Gateway disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and warranties arising from course of dealing or usage of trade.

We do not guarantee uninterrupted, error-free, or secure operation, or compatibility with every use case, jurisdiction, supplier policy, or downstream platform. We do not guarantee the accuracy, legality, originality, commercial usability, or availability of any model output.

To the maximum extent permitted by law, BFC AI Gateway and its affiliates, officers, employees, contractors, licensors, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, data, or business interruption, even if advised of the possibility of such damages.

To the maximum extent permitted by law, BFC AI Gateway's total liability for all claims arising from or relating to the Services or these Terms will not exceed the greater of: (a) the amount you paid for the Services giving rise to the claim during the three months before the event giving rise to liability; or (b) one hundred U.S. dollars (US $100).

You will defend, indemnify, and hold harmless BFC AI Gateway and its affiliates, officers, employees, licensors, suppliers, and agents from claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your content, use of the Services, products or services, or breach of these Terms.

These Terms are governed by the laws specified in your order form or, if none is specified, by the laws of the jurisdiction where the contracting BFC AI Gateway entity is organized, without regard to conflict-of-laws principles.

Disputes arising from these Terms or the Services will be resolved in the courts or arbitration forum specified in the applicable order form or, if none is specified, in a forum reasonably selected by BFC AI Gateway and disclosed to you before formal proceedings begin.

We may update these Terms from time to time. For material changes, we may provide notice by posting updated Terms on the site, through a dashboard, or by email. Continued use after the updated Terms take effect constitutes acceptance of the revised Terms.

If documents forming the agreement between you and us conflict, the following order controls unless expressly stated otherwise: (a) the applicable order form or other signed written agreement; (b) these Terms; and (c) applicable platform policies.

For questions about these Terms, enterprise contracting, supplier restrictions, or legal notices, contact us at contact@bayareafoundersclub.com.