Terms of Service

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.

2. The Service

1. Osaurus is an application that runs on your Mac and lets you use AI models, including models that run locally on your device and models that run in the cloud.
2. The Osaurus source code is open source and is licensed separately under the MIT License. These Terms govern the distributed application binary and the hosted services we operate, not the rights granted to you under that open-source license.
3. We may change, add, or remove features over time. We may also suspend or discontinue parts of the Service. Where we discontinue or materially reduce a paid feature, we will give you reasonable advance notice through the application or by another reasonable means where practicable.

3. Your installation and device key

The Service identifies your installation using a cryptographic key held on your device, rather than a traditional account with an email and password. You are responsible for safeguarding access to your device and that key. Activity authorized through your installation, including credit purchases and usage, is your responsibility. If your device or key is lost, you may contact us so that we can verify your purchase history and, where we are able to do so, migrate any remaining credit balance to a new installation. A balance we cannot reasonably verify may be unrecoverable.

4. Credits, payment, and fees

4.1 Prepaid credits

The hosted inference option is paid for using prepaid credits. You purchase credits in advance, and usage of hosted inference draws down your credit balance.

4.2 Nature of credits

Credits are a prepayment for Osaurus services only. Credits:

1. May be redeemed only for the Service.
2. Have no cash value and are not redeemable for cash except where required by law.
3. Are not transferable and may not be sold, assigned, or used as a means of payment to any third party.
4. Are not a deposit, stored-value instrument, gift card, security, or currency, and are not interest bearing.

4.3 Payment

Payments are processed by Stripe and, where you use Apple Pay, by Apple. By purchasing credits you authorize us and our payment processors to charge your selected payment method. You agree to the applicable processor terms.

4.4 Fees

A service fee is included at the time you add credits. The fee is shown to you before you complete a purchase. We may change the service fee from time to time on a prospective basis. The fee in effect at the time of a purchase applies to that purchase and does not change credits you have already bought.

4.5 Refunds and expiration

Credits are non-refundable once they have been used. Unused credits are refundable on request within thirty (30) days of the purchase that added them, returned to your original payment method, less any service fee charged on that purchase. We may also provide refunds where required by applicable consumer protection law.

Credits do not expire, and we do not charge any dormancy, inactivity, or maintenance fee against an unused credit balance.

4.6 Pricing and taxes

We may change pricing for the Service and for hosted inference. Changes do not affect credits you have already purchased except as stated at the time of purchase. You are responsible for any taxes associated with your purchases, other than taxes on our income.

5. Third-party providers and models

1. The Service lets you connect your own keys for third-party providers and lets you use cloud models. When you use a third-party provider, whether through your own key or through our hosted path, your use is also subject to that provider's terms and policies.
2. You are responsible for your own provider keys, for any charges a provider bills you directly, and for complying with that provider's terms.
3. We do not control third-party providers and are not responsible for their availability, output, pricing, or handling of your content.

6. Acceptable use

You agree not to use the Service to:

1. Violate any law or regulation, or infringe the rights of others, including intellectual property, privacy, and publicity rights.
2. Generate, distribute, or facilitate unlawful content, including child sexual abuse material, content that promotes violence or harm, or content that harasses or threatens others.
3. Conduct fraud, distribute malware, or attempt to breach security or interfere with the Service.
4. Resell, redistribute, or provide hosted inference to third parties as a standalone service, or use the Service to build a competing inference resale offering. This restriction does not limit your use of the open-source Osaurus source code under its license, your connection of your own third-party provider keys, or your own programmatic use of hosted inference you have purchased for your own applications.
5. Use the Service for any purpose prohibited by our payment processors, including the prohibited uses in the Apple Pay Acceptable Use Guidelines, such as transactions involving regulated or restricted goods or the transfer of currency or cryptocurrency without approval.

We may suspend or terminate access for conduct that we reasonably believe violates these Terms or creates risk or legal exposure.

7. Your content

1. As between you and us, you retain your rights in the inputs you provide and the outputs you receive, subject to any rights of the third-party providers whose models generate outputs.
2. You are responsible for your content and for ensuring you have the rights necessary to use it with the Service.
3. Because your content is stored on your device and, for local models, processed only on your device, you control it. For cloud models, content you choose to send is transmitted to a provider as described in the Privacy Policy.

8. Intellectual property

The Osaurus name, logos, and the design of the application and hosted services are owned by us or our licensors. These Terms do not grant you rights to our trademarks. Rights in the open-source source code are governed by its license.

9. AI output disclaimer

The Service uses AI models that can produce output that is inaccurate, incomplete, or otherwise unsuitable for your purpose. Output may appear authoritative while being wrong. The Service does not provide professional advice, including legal, medical, financial, or other regulated advice. You are responsible for evaluating output before relying on it, and for any decisions you make based on it.

10. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error free, or secure, or that any model output will meet your requirements.

11. Limitation of liability

To the maximum extent permitted by law, Osaurus and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising from or relating to your use of the Service. To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us in the twelve (12) months before the event giving rise to the claim or USD 100.

12. Indemnification

You agree to indemnify and hold harmless Osaurus from claims, losses, and expenses, including reasonable legal fees, arising from your content, your use of the Service, or your violation of these Terms or of applicable law. This obligation does not apply to the extent a claim arises from our own gross negligence or willful misconduct.

13. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if continuing to provide the Service to you creates risk. If we terminate your access other than for your breach of these Terms, we will refund any unused credit balance in accordance with Section 4.5. If we terminate your access for your breach of these Terms, any unused credit balance may be forfeited to the extent permitted by applicable law.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the date above and give you notice through the application or by another reasonable means before the changes take effect. Your continued use of the Service after changes take effect means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by [arbitration provider, e.g., AAA or JAMS] under its then-current consumer rules, rather than in court, except that either party may bring an individual claim in small-claims court. You and we each waive any right to a jury trial and any right to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by sending us written notice within thirty (30) days after you first accept these Terms.

16. General

1. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
2. If any provision is held unenforceable, the rest remains in effect.
3. Our failure to enforce a provision is not a waiver.
4. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms can be sent to hello@osaurus.ai.