Draft. A lawyer has not read this page yet, so it isn't in force. Highlighted passages are gaps for counsel to fill.

Terms of service

Who we are

These terms are a contract between you and [LEGAL ENTITY NAME: placeholder], of [REGISTERED ADDRESS: placeholder] ("Offpeak", "we", "us"). By creating an account or calling the API, you accept them.

The service

Offpeak runs batches of work through Real-ESRGAN x4plus, Whisper large-v3, BiRefNet general. You upload files, submit a batch, and collect the results. It is a queue. Work starts when capacity is free, so expect 10 to 30 seconds of cold start, occasionally minutes, and longer when the queue is busy. We don't promise a completion time and we publish no uptime commitment.

Your account

You sign in with GitHub or with an email and password. You must be at least 18 and able to enter a contract. If you accept these terms for an organisation, you confirm you have the authority to bind it.

You are responsible for everything done with your account and your API keys. A key is shown once and we keep only its hash. Revoke any key you think has been exposed.

Prepaid usage balance

You pay in advance by buying a pack. The pack amount, before tax, is added to your prepaid usage balance. That balance can only be spent on this service. It doesn't expire, earns no interest, and can't be transferred or exchanged for cash except as our refund terms allow.

Your first payment can't exceed $25. For 7 days after your first payment, the day's charges and open holds together can't pass $25.

For counsel: confirm that a non-expiring prepaid usage balance raises no e-money, stored-value or escheat duty in the launch jurisdictions.

Fares and charges

Fares are published on the fares page. When you submit a batch we hold enough of your balance to pay for the batch at its declared maximum size, at the list fare. The fares in force at that moment are fixed for that batch, so a later change can't reach it.

When the batch ends, we charge for the units that succeeded and return the rest of the hold. A file under 30 seconds bills as 30 seconds. A submission with at least one successful item pays at least the $0.0075 minimum. The charge never exceeds the hold. Failed and cancelled items cost nothing, and a submission where nothing succeeded costs nothing.

While fares are marked provisional they are limited beta fares and may change before launch.

Launch seats

There are 40 launch seats. Buying the $25 pack while seats remain assigns you one, at payment and not before, limited to one per account and per card. The pack is yours whether or not a seat is assigned.

A seat lowers the fare on your first $25 of usage, on a submission whose units that succeed reach the size shown on the fares page. Failed and cancelled items don't count towards that size. A seat adds nothing to your balance. Seats aren't reissued.

Limits

Rate limits, daily item limits, storage limits and spending limits apply, and the docs list them. We may pause intake or dispatch when capacity or cost requires it. Queued items then wait.

Your content

You keep all rights in what you upload and in the outputs. You give us permission to store your files, process them through the models you choose, and return the results, for that purpose only. We don't use your files or outputs to train models.

You confirm that you have the rights and consents needed for every file you upload, including the consent of anyone recorded or pictured where the law requires it.

Input and output files are deleted after 7 days. We keep no copy, so download what you want to keep before then.

Acceptable use

Our acceptable use policy is part of these terms.

Output

Model output can be wrong. Transcripts contain errors, upscaling can invent detail, and cutouts can miss edges. Check output before you rely on it, and don't make it the sole basis for a decision with legal or similarly serious effects on a person.

Suspension and ending

We may suspend an account that breaks these terms or the acceptable use policy, or that has an open payment dispute. A suspended account can't submit work, its queued items are cancelled, and items already running finish and are charged.

You can ask us to delete your account at any time. The privacy policy says what we keep.

For counsel: what happens to unused prepaid usage balance when we end an account for breach, and when a customer closes one.

Warranties and liability

For counsel: warranty disclaimer, liability cap, indemnities, and the carve-outs consumers are entitled to.

Changes

We may change these terms, and we'll tell you before a change takes effect. For counsel: notice period and the method of notice.

Governing law

[GOVERNING LAW AND COURTS: placeholder]

Contact

[CONTACT EMAIL: placeholder]