Terms of Service

These Terms govern your access to and use of the clusterbid Inference API, Dedicated Deployments, Managed Fine-Tuning, and Customer Console (collectively, the "Services"). By accessing the Services you agree to these Terms. Plain-language summaries appear before each section.

§1. Definitions

"clusterbid", "we", "us", "our" refers to clusterbid GmbH, a company registered under German law (HRB 198 422, Amtsgericht Frankfurt am Main). "Customer" means the entity or individual accepting these Terms. "Services" has the meaning above. "Authorized Users" means individuals Customer permits to access the Services on its behalf. "Customer Data" means data Customer submits to the Services, including prompts, fine-tuning datasets, and any output Customer designates as confidential.

§2. Access and accounts

You must be 18 or older and have authority to bind your organization. You are responsible for keeping your API keys and credentials secure. Notify us immediately at security@clusterbid.eu if you suspect unauthorized access. We may suspend access immediately if we reasonably believe your use violates the Acceptable Use Policy, poses a security risk, or is causing harm to other customers.

§3. Fees and billing

API usage is billed in arrears at the published per-token rates. Dedicated Deployments and Fine-Tuning runs are invoiced at the agreed-upon rate. Payment is due within 30 days of invoice. Late payments accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. All fees are in USD. We do not refund for unused capacity unless a service outage caused the shortfall (see §8).

§4. Customer data and privacy

Customer Data is your property. We do not use Customer Data to train our own models or the base models we serve. We process Customer Data only as necessary to provide the Services, comply with law, and respond to abuse reports. Cross-border data transfers are governed by the Data Processing Agreement (DPA), which is incorporated by reference when signed. If the DPA has not been signed, you may not process personal data subject to GDPR through the Services.

§5. Model licenses

Each model available on the Services carries its own license (Llama 3.1 Community License, Apache 2.0, DeepSeek Model License, or equivalent). By using a model, you agree to its license terms. These Terms do not supersede model license terms; if there is a conflict, the more restrictive term applies. License terms for each model are displayed on the model's detail page.

§6. Intellectual property

To the extent permitted by law and applicable model licenses, you own the output of inference requests you submit. clusterbid retains all rights in the Services, the platform, and any aggregated, de-identified usage data we generate. You grant us a limited license to process your inputs to produce your outputs.

§7. Acceptable use

Our Acceptable Use Policy ("AUP") is incorporated into these Terms. Violations of the AUP are violations of these Terms. We may suspend or terminate your access for AUP violations immediately without a refund for the unused portion of any committed period.

§8. Service levels and credits

The standard Inference API carries a 99.9% monthly uptime SLA. Dedicated Deployments on a 12-month commit carry 99.99%. If we miss the SLA in a calendar month, you receive a credit equal to 10× the value of the downtime, applied to your next invoice. Credits are your sole remedy for downtime. Scheduled maintenance windows, force majeure, and downtime caused by customer actions are excluded.

§9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, clusterbid's total liability for any claim arising from these Terms or the Services is limited to the fees you paid in the 12 months preceding the claim. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. Some jurisdictions do not allow limitations on implied warranties or consequential damages; those limitations may not apply to you.

§10. Termination

Either party may terminate these Terms with 30 days written notice. We may terminate immediately for AUP violations, non-payment after a cure period, or if required by law. Upon termination you have 30 days to export your data. After 30 days, data is deleted.

§11. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Frankfurt am Main, Germany, provided both parties are merchants (Kaufleute) within the meaning of the German Commercial Code (HGB). Mandatory consumer protection rights under the law of the Customer's country of residence are not affected.

§12. Changes to these Terms

We may update these Terms. Material changes are notified 30 days in advance via email and the customer console. Your continued use after the effective date constitutes acceptance. If you object to a change, you may terminate within the notice period without an early-termination fee.

Related documents: Privacy Policy · Data Processing Agreement · Acceptable Use Policy