WaveSpeedAI Terms of Service

Welcome to WaveSpeedAI! These Terms of Service ("Terms") are a legally binding agreement between WaveSpeedAI PTE.LTD. ("WaveSpeedAI", "we", or "our") and you ("Customer", "you", or "your"). By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the jurisdiction where you are a resident or citizen.

Definitions

• Services: The hosted software platform provided on a MaaS basis giving Customers ability, for the applicable Fee, to run Models in the cloud using WaveSpeedAI API or WaveSpeedAI's Website interface.
• Model: A trained, packaged, and published software program that accepts Inputs and returns Outputs.
• Output: The Content generated by the Services based on Customer's Inputs.
• Privacy Policy: WaveSpeedAI's Privacy Policy[link页面] which sets out WaveSpeedAI's approach to use and protection of data obtained through the Services.

Services

Use Rights

WaveSpeedAI hereby grants Customer a non-exclusive, non-transferable, revocable, non-sublicensable right to access and use the Services solely for use in accordance with the terms and conditions set out in these Terms and on our Website. The Services are only available to Customers who can form legally binding contracts under Law.

Features and Benefits

Among other benefits of our Services, you can access and run Models which are either private (proprietary to Customer or WaveSpeedAI) or public open-sourced Models. You can create Customer Derivative Models or build and publish custom Models from scratch.

Account Set-Up

You are requested to use our Services by signing on to WaveSpeedAI using your Gmail or GitHub account. You are responsible for maintaining the confidentiality of your account and password.

WaveSpeed AI reserves the right to suspend or terminate access to its Services without liability if: (1) required by a legal demand or order; or (2) WaveSpeed AI, in its discretion, determines that the Customer has breached any material term of the Agreement, used the Services beyond granted rights, or engaged in fraudulent or unlawful activities related to the Services. This action does not limit WaveSpeed AI's other rights or remedies.

WaveSpeed AI is dedicated to delivering a positive customer experience, but we cannot assure the continuous availability of every Model on our platform or provide any guarantees regarding processing rates or fees.

Third-Party Offerings

We may provide information about or access to Third-Party Offerings, or you may use Third-Party Offerings within the Services. You agree to do so at your own risk and subject to all our disclaimers set out in these Terms.

Availability and Support

During the Term, WaveSpeed AI will strive to maximize Service availability and provide support, but Customers acknowledge that continuous updates may cause occasional technical issues or downtime. WaveSpeed AI reserves the right to modify Services as needed to maintain quality, enhance performance, ensure compliance, or improve market competitiveness. Customers can access support via our emai support@wavespeed.ail, Discord, or X. Note that using third-party channels subjects you to their respective terms of service.

Acceptable and Restricted Use

WaveSpeed AI customers must use the services solely for authorized purposes in compliance with all laws and our policies. Customers are responsible for their use of the services, including any content generation that violates laws. Prohibited activities include breaching third-party terms, sharing login credentials, reverse engineering, distributing harmful code, or using the services in ways that infringe on intellectual property rights or violate laws.

Customers may not engage in activities such as generating harmful or illegal content, promoting violence, discrimination, or self-harm, creating non-consensual nudity, or developing malicious code. Additionally, the services may not be used for fully automated decision-making, scraping personal data, or developing weapons of mass destruction. Customers must not mislead others by generating disinformation, impersonating individuals without consent, or creating deceptive online engagement.

Customer Responsibilities

WaveSpeed AI grants you exclusive control over designating Authorized Users, managing spending on Services, and determining what Customer Data is submitted as Inputs. You are responsible for the legality of all Inputs and ensuring Authorized Users comply with these Terms and applicable Third-Party Terms, including Model licenses and Additional Terms. Promptly notify WaveSpeed AI of any unauthorized use of Login Credentials. If an Authorized User suspects their credentials are compromised, they must immediately change their password and inform WaveSpeed AI. New unique Login Credentials will be generated and provided by WaveSpeed AI upon email notification to the designated support address.

Fees and Payment

You only pay for the usage fees on WaveSpeedAI. The pricing is set out on our website. You can find your current usage and manage your billing settings on your Account.

WaveSpeed AI's fees are exclusive of taxes, which customers must pay in full without deductions. Payments are processed via third parties like Stripe, which has its own terms. Late payments may incur interest at 1.5% monthly, and WaveSpeed AI may suspend Services until payment is settled.

No Deductions or Setoffs. All amounts payable to WaveSpeedAI by Customer shall be paid in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason.

Intellectual Property Rights and Ownership

Customer Data: As between Customer and WaveSpeedAI, Customer owns and will continue to own all rights, title, and interest, including all Intellectual Property Rights, in and to its applicable Customer Data.

WaveSpeedAI Services: As between Customer and WaveSpeedAI, WaveSpeedAI and its licensors own, and reserve all rights, title, and interest, including all Intellectual Property Rights, in and to (i) the Services, and (ii) any Resultant Data.

Customers assign all rights in their Feedback to WaveSpeed AI, which may use it without obligation. WaveSpeed AI can collect and analyze data related to Services usage to improve its offerings, in line with its Privacy Policy.

Representations and Warranties

WaveSpeed AI customers warrant they are legally valid entities with the authority to enter into and fulfill their obligations under these Terms, including proper authorization for cost-incurring Services. They also affirm they have the necessary rights and permissions to use and share Inputs with the Services, ensuring no infringement of third-party Intellectual Property Rights or other rights, and that their use of Customer Data complies with all agreements and Laws without breaching these Terms.

Disclaimer

WaveSpeed AI provides the Services "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or against hidden defects. WaveSpeed AI does not guarantee the Services will be reliable, uninterrupted, error-free, or that all errors will be corrected. Customers are responsible for monitoring their accounts and protecting their login credentials. WaveSpeed AI is not liable for damages arising from the use of third-party content or services accessible through the Services.

WaveSpeed AI does not monitor or police content entered into or generated by the Services. Customers acknowledge that the Services may generate inappropriate or illegal content and are solely responsible for managing such outputs. WaveSpeed AI strongly discourages the creation of such content and advises customers to implement appropriate review processes. Customers must not engage in fraudulent activities or misuse their accounts, as WaveSpeed AI is not responsible for such actions.

WaveSpeed AI is not liable for any damages caused by third-party offerings, content, goods, or services available through its platform. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

Suspension & Termination

These Terms begin when you first create an Account or accept them through any action on our Website and remain effective while you use the Services, unless earlier terminated.

• Termination by WaveSpeedAI: If you have breached any provision of these Terms, if WaveSpeedAI is required to do so by Law, or if it is commercially impractical for WaveSpeedAI to provide the Services, WaveSpeedAI shall at its discretion, immediately and without notice, suspend or terminate any of the Services provided to you.
• Termination by You: You can terminate these Terms by deleting your Account, after which your use rights will cease, and you may lose access to your Account and related information or files, which may be deleted.
• Effect of Termination: If Services are terminated for any reason, your use rights shall cease, and you may not be able to access your Account and all related information or files associated with or inside your Account may be deleted.

Indemnification

Customer shall indemnify, defend, and hold harmless WaveSpeedAI and its officers, directors, employees, agents, successors, and assigns from and against any and all Losses incurred by such WaveSpeedAI Indemnitee resulting from Customer's use of the Services.

Customers must protect and compensate WaveSpeed AI and its related parties from any losses or legal actions resulting from the Customer's use of the Services. This includes issues related to Customer's data, breach of third-party terms, negligence, or misconduct. Customers are responsible for handling legal actions with their own counsel at their own expense, and WaveSpeed AI may join the defense if needed. If the Services face infringement claims or usage restrictions, Customer's only remedy is to stop using the Services and close their account.

Limitation of Liability

WaveSpeed AI isn't liable for any indirect or unforeseen damages resulting from the use of its Services, including but not limited to loss of profit, data loss, or reputational harm, regardless of whether such damages were foreseeable. Our maximum liability, under any circumstances, is capped at the lower of either the total amounts paid by the Customer in the preceding six months or $100. Certain jurisdictions might not recognize these limitations, so they may not apply to you.

General

These Terms, the Community Guidelines and Acceptable Use Policy and, as and if applicable, constitute the complete and exclusive agreement between WaveSpeedAI and customers concerning the use of the Services.