1. Definitions
In these Terms of Service, the following terms are used:
- HostYourAI: HostYourAI B.V., established in the Netherlands.
- Customer: The natural person or legal entity entering into an Agreement with HostYourAI.
- Services: All AI hosting services offered by HostYourAI, including GPU instances, API access, and related services.
- Agreement: The agreement between HostYourAI and the Customer for the provision of Services.
- Credits: Prepaid balances used for the consumption of Services.
2. Applicability
2.1. These Terms of Service apply to all offers, quotes, and agreements between HostYourAI and the Customer.
2.2. By using our Services or creating an account, the Customer accepts these terms.
3. Account and Registration
3.1. To use the Services, the Customer must create an account.
3.2. The Customer guarantees that the information provided during registration is accurate and complete.
3.3. The Customer is responsible for keeping login credentials and API keys confidential.
3.4. The Customer is liable for all activities under their account.
4. Services
4.1. HostYourAI offers AI hosting services, including:
- GPU instances for running Large Language Models (LLMs)
- OpenAI-compatible API endpoints
- Model deployment and management
- Monitoring and logging tools
4.2. HostYourAI strives to make the Services available 24/7 but does not guarantee 100% uptime.
5. Service Level Agreement (SLA)
5.1. HostYourAI aims for 99.9% uptime for paid accounts, measured on a monthly basis.
5.2. Excluded from uptime calculations are scheduled maintenance, force majeure, and issues caused by the Customer.
6. Pricing and Payment
6.1. HostYourAI uses a credit-based payment system. Customers purchase credits in advance which are deducted when using Services.
6.2. Current prices are listed on the Platform. All prices are exclusive of VAT unless stated otherwise.
6.3. Payment can be made via iDEAL, credit card, or bank transfer.
6.4. Credits do not expire and are non-refundable unless required by applicable law.
7. Fair Use and Restrictions
7.1. The Customer may not use the Services for:
- Illegal activities or content
- Generating malware, phishing content, or other harmful content
- Generating content that infringes intellectual property rights
- Generating discriminatory, hateful, or violent content
- Spam or bulk messaging
7.2. HostYourAI reserves the right to immediately terminate Services without refund in case of violation.
8. Intellectual Property
8.1. All intellectual property rights to the Platform and Services belong to HostYourAI.
8.2. The Customer retains all rights to the data they process through the Services (input and output).
8.3. HostYourAI uses Customer data solely for providing the Services and not for training AI models.
9. Data and Privacy
9.1. HostYourAI processes personal data in accordance with the Privacy Policy and GDPR.
9.2. The Customer is responsible for the lawfulness of the data processed through the Services.
9.3. All data is processed exclusively in EU data centers.
10. Liability
10.1. HostYourAI's liability is limited to the amount the Customer has paid in the 12 months prior to the incident, with a maximum of €10,000.
10.2. HostYourAI is not liable for indirect damages, consequential damages, or lost profits.
11. Termination
11.1. The Agreement is entered into for an indefinite period.
11.2. The Customer may terminate the Agreement at any time by deleting their account.
11.3. Upon termination, the Customer has 30 days to export their data.
12. Applicable Law
12.1. These terms and the Agreement are governed exclusively by Dutch law.
12.2. Disputes will be submitted to the competent court in Amsterdam.
13. Contact
For questions about these terms:
HostYourAI B.V.
Email: legal@hostyourai.com
Website: https://hostyourai.com