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Terms of Service

Last Updated: 11/30/2025

CRITICAL - READ BEFORE USE

This service is provided "AS IS" with NO WARRANTIES. We accept NO LIABILITY for billing errors, data loss, service interruptions, or any other damages. USE AT YOUR OWN RISK.

1. Acceptance of Terms

By accessing or using AISwitch ("Service"), you agree to be bound by these Terms of Service. If you do not agree, DO NOT USE this service.

YOU ACKNOWLEDGE AND AGREE THAT:

  • You are using this service entirely at your own risk
  • We make NO promises, warranties, or guarantees of any kind
  • We are NOT liable for any damages, losses, or costs you may incur
  • These terms can change at any time without notice

2. Service Description & Disclaimer

AISwitch provides access to third-party AI models through a web interface. We make NO guarantees that:

  • The service will be available, reliable, or uninterrupted
  • AI responses will be accurate, appropriate, or useful
  • Your data will be secure, private, or recoverable
  • Features will work as described or at all
  • Bugs or errors will be fixed
  • The service will meet your requirements or expectations

We may suspend, terminate, or modify the service at any time for any reason without notice or liability.

3. Billing & Payment - NO LIABILITY FOR OVERCHARGING

BILLING WARNING: We are NOT responsible for billing errors, overcharges, incorrect costs, or unexpected charges. You may be charged any amount at any time.

3.1 Payment Terms

By using this service, you agree to pay all charges incurred. However:

  • Pricing may be inaccurate: Displayed costs may not reflect actual charges
  • Billing errors may occur: You may be overcharged, undercharged, or charged incorrectly
  • No refunds: We are NOT obligated to refund overcharges or billing errors
  • Pricing can change: Prices may change at any time without notice
  • Hidden fees: Additional fees, markups, or charges may be applied without disclosure
  • Third-party charges: AI providers may change their pricing, and you will bear those costs

3.2 Your Billing Responsibilities

YOU are solely responsible for:

  • Monitoring your usage and costs
  • Setting spending limits (if available - no guarantee they work)
  • Paying all charges, including erroneous or unexpected charges
  • Disputing charges with your payment provider (not us)
  • Understanding that displayed costs are estimates only

3.3 No Liability for Financial Losses

WE ARE NOT LIABLE FOR:

  • Overcharges, billing errors, or incorrect invoices
  • Unexpected charges or runaway costs
  • Failure of spending limits or cost controls
  • Third-party payment processor fees or errors
  • Failed refunds or chargebacks
  • Financial losses from service usage
  • Inability to access your account due to non-payment (even if billing was erroneous)

4. User Accounts & Access

We may:

  • Suspend or terminate your account at any time for any reason
  • Delete your data without notice or backup
  • Refuse service to anyone
  • Change authentication requirements without notice
  • Lock you out of your account even if you have a credit balance

You are responsible for:

  • Maintaining access to your email account
  • All activity under your account (authorized or not)
  • Not sharing or compromising your account credentials
  • Accepting that account recovery may be impossible

5. Acceptable Use

You agree NOT to:

  • Use the service for any illegal or harmful purposes
  • Violate any third-party AI provider's terms of service
  • Attempt to reverse engineer, hack, or exploit the service
  • Generate spam, malware, or abusive content
  • Impersonate others or provide false information
  • Overload or disrupt the service

Violation may result in immediate termination without refund. However, we are NOT obligated to enforce these rules or take any action.

6. Third-Party AI Providers

This service relies on third-party AI providers (OpenAI, Anthropic, Google, etc.). YOU ACKNOWLEDGE:

  • You are bound by each provider's terms of service
  • We have NO control over these providers
  • Providers may refuse service, change terms, or raise prices
  • AI responses may be inaccurate, biased, harmful, or inappropriate
  • We are NOT responsible for AI-generated content or its consequences
  • Provider outages, rate limits, or changes will affect your service

7. Intellectual Property & Content

Your Content: You retain ownership of content you submit, BUT:

  • You grant us a perpetual, worldwide, royalty-free license to use, store, and process your content
  • Third-party AI providers may use your content according to their terms
  • We make NO guarantees about content ownership or IP rights
  • AI-generated content may not be copyrightable or may infringe others' rights

Our Content: The AISwitch platform and code are provided under the AGPL-3.0 license with commercial use restrictions. See repository LICENSE file.

8. Disclaimers & Warranties

This service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Merchantability: Service may not be fit for any purpose
  • Fitness for purpose: Service may not meet your needs
  • Accuracy: Costs, data, and AI responses may be wrong
  • Security: Your data may be compromised
  • Availability: Service may be offline at any time
  • Non-infringement: Service may violate third-party rights
  • Title: We may not have rights to all service components

Some jurisdictions do not allow disclaimer of warranties. In such cases, warranties are limited to the minimum required by law.

9. Limitation of Liability

To the maximum extent permitted by law, we (and our affiliates, officers, employees, agents, and licensors) shall NOT be liable for:

  • Monetary damages: Overcharges, billing errors, financial losses, or costs
  • Data loss: Loss, corruption, or exposure of conversations, accounts, or other data
  • Privacy breaches: Unauthorized access, data leaks, or security incidents
  • Service interruptions: Downtime, outages, or unavailability
  • Content issues: Inaccurate, harmful, or inappropriate AI responses
  • Third-party issues: Problems with AI providers or payment processors
  • Consequential damages: Lost profits, business interruption, or reputation damage
  • Indirect or punitive damages of any kind

Our total liability for any claim shall NOT exceed the amount you paid us in the 30 days before the claim (which may be $0).

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS us (and our affiliates, officers, employees, agents, and licensors) from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use or misuse of the service
  • Your violation of these terms
  • Your violation of any laws or third-party rights
  • Content you submit or AI responses you generate
  • Your breach of confidentiality or data protection obligations
  • Any other actions related to your account

11. Dispute Resolution

Any disputes arising from these terms or service use shall be:

  • Governed by the laws of the jurisdiction where the service operator resides
  • Resolved in courts of that jurisdiction
  • Subject to mandatory arbitration if required by local law

YOU WAIVE:

  • The right to jury trial
  • The right to class action lawsuits
  • The right to punitive or exemplary damages

12. Changes to Terms

We may modify these terms at any time without notice. Changes are effective immediately upon posting. Your continued use constitutes acceptance of modified terms.

We are NOT obligated to notify you of changes or maintain previous versions of these terms.

13. Termination

We may terminate your access at any time for any reason, including:

  • Violation of these terms
  • Non-payment (even if charges were erroneous)
  • Suspicious activity or abuse
  • Our convenience or business decisions
  • No reason at all

Upon termination:

  • Your access is immediately revoked
  • We may delete your data without backup
  • Outstanding charges remain due
  • No refunds will be provided
  • This agreement's liability limitations survive termination

14. Severability & Miscellaneous

If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force. No waiver of any term shall be deemed a continuing waiver.

These terms constitute the entire agreement between you and us regarding the service and supersede all prior agreements.

15. Contact

For questions about these terms, you may attempt to contact us via the repository issues. We make NO guarantees about response times or whether inquiries will be addressed.

BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT:

  • You have read and understood these terms in their entirety
  • You accept all risks described herein
  • You agree we bear NO liability for ANY damages or losses
  • You will NOT hold us responsible for billing errors, overcharges, data loss, privacy breaches, or service issues
  • If you cannot accept these terms, you must NOT use this service