Decision API Terms

1. About These Terms

These Decision Terms incorporate the Terms of Service and the Privacy Policy. If these Decision Terms conflict with the Terms of Service, the Privacy Policy, the Refund Policy or the Documentation, these Decision Terms prevail for the Decision API.

The following do not apply to the Decision API: Terms of Service Section 4 (first and second paragraphs), Section 5 (paragraph “Output use”), Section 6(f), 6(i) and 6(j), Section 8 (except as Section 4 paragraph “Taxes” below provides), and Section 9 (first and second paragraphs, and the third paragraph as it relates to export of Customer Content), which Sections 3 to 10 below replace; and the Refund Policy, except its Section 5 (Singapore consumers). A signed agreement between you and Torchcast that expressly covers the Decision API prevails over these Decision Terms.

In these Decision Terms, “Output” has the meaning in Section 8; “Documentation” includes the Decision API documentation, changelog and model list; and request content (Section 9) is Customer Content under the Terms of Service.

You agree to these Decision Terms by ticking the box when you create a Console account and by accepting them in the Console when you first sign in. When we publish a new version, we ask you to accept it in the Console. You must have accepted the current version before you create an API key, use the playground or add Credit (Section 12).

2. Eligibility and Your Account

You may use the Decision API as an individual or on behalf of an organisation. You must be at least 18 years old. If you act for an organisation, you confirm that you are authorised to bind it, and “you” includes that organisation. Terms of Service Section 1 (sanctions and export control) applies.

If you are an individual acting for purposes outside your trade, business, craft or profession, you are a “Consumer”. Some sections below apply differently to Consumers. Nothing in these Decision Terms limits any right you have as a Consumer under laws that cannot be excluded by contract.

A Console account is personal to the individual who signs up. You must keep the account you use to sign in to the Console and your API keys secure. You are responsible for all requests made with your API keys, including requests made by anyone you give a key to, until you revoke the key in the Console. Revoke a key at once if you believe it has been exposed.

3. The Decision API

Models. Each model has a pinned identifier that always refers to the same model version: we do not change the model weights or model configuration behind a pinned identifier, and any such change is released under a new identifier. We may change the infrastructure that serves a model (for example hardware or serving software), which can cause very small differences in Output; this does not change which model version a pinned identifier refers to. A model may also have an alias (such as a “-latest” name) that we may point to a newer version at any time without notice. If you need stable behaviour, use a pinned identifier.

Retirement. We may retire a pinned model. We will give at least 60 days' notice before a pinned model identifier is retired, by publishing it in the Documentation and changelog, except where we must act sooner for legal, security or safety reasons or because an upstream licence ends. A model that we label as a preview in the Documentation or in the model list when we release it may be changed or retired with shorter notice; the 60-day notice applies to every pinned model identifier not labelled as a preview. After retirement, requests to that identifier fail and are not charged.

Changes and availability. We may change, add or remove features, limits and models. We aim to keep the Decision API available but do not promise any particular uptime. Limits on request size, questions, options, rate and timeouts are set out in the Documentation and may change.

Beta and preview features. Features and models that we label as beta or preview are provided “as is”, may change or end at any time, and are not covered by the notice periods in this Section 3.

Rate limits and spend limits. Each API key and each account has a rate limit. We apply rate limits on a best-effort basis and do not promise that they are enforced exactly. You may set a spend limit on a key when you create it; a key's spend limit cannot be changed afterwards, so to change it, create a new key. We may lower rate limits, queue or reject requests, or return capacity errors to protect the service. You must not try to get around rate limits, spend limits or the balance check, for example by opening many accounts.

4. Prices and Prepaid Credit

Prepaid. The Decision API is prepaid in U.S. dollars. You add credit to your balance (“Credit”) through the Console. Each successful request is charged from your balance at the price per million billable input tokens for the model you call, as published in the Documentation at the time of the request and counted as described there. A request that returns an error from the API is not charged. A request for which the model produced an answer is charged, even if your client did not receive it (for example because it disconnected or timed out).

Price changes. We may change a model's price. We will give at least 14 days' notice of a price increase for a pinned model by publishing it in the Documentation and changelog. A price change never applies to requests already completed.

Top-ups and the seller. Top-ups are sold through Stripe Managed Payments. The seller of record for each top-up payment is Sold through Link, LLC (“Link”), an affiliate of Stripe, which handles payment, receipts, invoices, and any sales tax, VAT or GST on it. Link's terms apply to the payment and are shown at checkout. The Decision API service itself is provided to you by Torchcast under these Decision Terms. Each top-up is between US$10 and US$5,000.

Taxes. Prices and top-up amounts are exclusive of tax. Any applicable tax is calculated and added by Link at checkout. Your balance is credited with the pre-tax amount you chose. Where Link does not act as seller of record for a top-up, Torchcast is the seller of that top-up and Terms of Service Section 8 (paragraph “Taxes”) applies to it.

Nature of Credit. Credit can only be used to pay for the Decision API. Credit has no cash value, is not legal tender, a deposit, a stored value facility, e-money or currency, earns no interest, and cannot be transferred, sold, or exchanged for cash, except as Section 6 or Section 12 provides. Credit cannot be moved to or from any Torchcast app subscription or organisation credit.

Negative balance. API usage can take your balance at most US$0.01 below zero: a request may go ahead when your balance is positive and at most US$0.01 short of the amount set aside for it, and this allowance is shared by all of your requests at once. A refund, chargeback or dispute of a top-up removes the matching pre-tax Credit and can take your balance below zero if you have already used it. A negative balance is an amount you owe us, and we may recover it. While your balance is zero or below, requests are refused. Any later Credit first pays off the negative amount.

5. Credit Expiry

Credit from each top-up expires 365 days after it is added to your balance. Free or promotional Credit expires as Section 6 (paragraph “Free or promotional Credit”) states. When you spend, the Credit that expires soonest is used first. Unused Credit is removed from your balance by the first hourly expiry run after its expiry date, can be spent until then, and is shown as an expiry in your transactions. The Console shows the expiry date of each Credit and how much of your balance expires soonest. Credit that comes back to your balance because a refund was reversed or a dispute was decided in your favour keeps the expiry date of the Credit it came from; if that date has already passed, it is removed by the next expiry run in the same way.

Expired Credit is not refunded and cannot be reinstated, except where the law requires otherwise or Section 6 (paragraph “If we end the Decision API or your access for convenience”) applies.

6. Refunds and Withdrawal

General rule. Top-ups are non-refundable, and used Credit is never refunded, except as set out in this Section 6 or Section 12, or where applicable law requires otherwise.

EU and UK Consumers: 14-day right of withdrawal. If you are a Consumer ordinarily resident in the European Union or the United Kingdom, you may withdraw from a top-up within 14 days after the day of purchase, without giving any reason. At checkout you ask us to start the service immediately so that you can use the Credit straight away, and you acknowledge that your right to withdraw ends for any Credit once it has been used. If you withdraw, we, or Link on our behalf, refund the Credit from that top-up that you have not used, together with the tax charged on that part, within 14 days after we learn of your decision, to your original payment method and free of charge. We keep the part you have already used, which is the proportionate amount for the service supplied up to the time you tell us. To withdraw, send a clear statement from your account email to contact@torchcast.ai, use the model withdrawal form we send you, or contact Link support.

Refunds by Link or Stripe. Link or Stripe may issue a refund on a top-up under their own policies, including within 60 days of purchase in some cases. Any such refund removes the matching pre-tax Credit from your balance as described in Section 4 (paragraph “Negative balance”).

If we end the Decision API or your access for convenience. If we permanently discontinue the Decision API, or close your account for a reason other than your breach of these Decision Terms or the Terms of Service, we will refund the unused, unexpired Credit from your top-ups to the original payment method, with the tax charged on that part, within 30 days after the discontinuation or closure takes effect.

Closure for breach. If we close your account because you materially breached these Decision Terms or the Terms of Service, unused Credit is forfeited, except where the law requires otherwise.

If you close your account. If you close your account yourself, unused Credit is forfeited, except as Section 12 provides or where the law requires otherwise (including the EU and UK right of withdrawal above).

Free or promotional Credit. Credit that we grant free of charge expires on the date we state when we grant it, or otherwise 365 days after it is added, and is never refunded or exchanged for cash.

Chargebacks. Please contact us before disputing a payment with your card issuer. Disputes on top-ups are handled by Stripe for Link.

7. Acceptable Use

Terms of Service Section 6 applies, except 6(f), 6(i) and 6(j), which are replaced by the paragraphs “Decisions about people” and “Benchmarks” below. You must also follow the Documentation.

Decisions about people. You may use the Decision API in automated workflows. However, you must not use Output as the sole basis for a decision that produces legal or similarly significant effects on an individual, including decisions about credit, lending, insurance, employment, housing, education, healthcare, access to essential services, law enforcement or immigration, unless (a) a qualified person meaningfully reviews the decision and can change it, (b) you tell the affected individual that an automated system was used, and (c) you comply with all laws that apply to that decision, including data-protection and anti-discrimination laws. You are the party making those decisions, not Torchcast.

Benchmarks. You may publish benchmark or evaluation results about the Decision API if you state the model identifier you called and the date of testing, and do not misrepresent the results.

You must not:

• (a) send content you have no right to send, or special categories of personal data, health data or payment card data unless the law allows it and you have a lawful basis;
• (b) resell or sublicense raw access to the Decision API or your API keys as a standalone service without our written consent (building your own product or service that uses Output is allowed);
• (c) use the Decision API to build or train a model that competes with it, including by systematically collecting Output for that purpose; or
• (d) interfere with or overload the service, or test its security without our written consent.

8. Output and Probabilities

What Output is. The Decision API returns model-generated estimates, such as probabilities, scores, choices and confidence values (“Output”). Output is a statistical estimate produced by a machine-learning model. It is not a statement of fact, a guarantee of any outcome, or a recommendation.

No accuracy or calibration guarantee. Output may be wrong, incomplete, biased or poorly calibrated for your use case, even when a model has been well calibrated on other data. Any calibration or benchmark results we publish describe performance on specific test data at a specific time and do not promise the same performance on your data. The same request may return different Output after a model change, including when an alias is pointed to a new version.

Your responsibility. You are responsible for deciding whether Output is suitable for your purpose, for testing it on your own data, for setting your own thresholds, and for any decision you or your systems make using Output.

Not professional advice. Output is not financial, investment, trading, credit, legal, medical, tax or other professional advice, and Torchcast is not acting as your financial adviser. Do not rely on Output as a substitute for such advice.

Ownership. As between you and Torchcast, you own your request content and, to the extent any rights exist, the Output generated for you. You may use Output for any lawful purpose consistent with these Decision Terms, including in products and services you offer to others.

9. Your Content and How We Handle It

Request content. The content of your requests (the state, instructions and criteria) is used only to compute the response to that request. Torchcast does not store request content, write it to its logs, or use it to train or improve any model. To compute the response, request content is passed to our model-hosting provider, which processes it on our behalf for that purpose only. Because we do not keep request content, we cannot retrieve it for you later.

Usage records. We keep a record of each request that passes validation and the balance check: the time, the API key used (or that it came from the Console), the model, the number of questions, input and output tokens, the cost and any unbilled amount, the status or error code, latency, and the request id. Usage records contain no request content. We use them for billing, security, abuse prevention, support and aggregated statistics. The Console shows your usage for the last 7 or 30 days. We keep usage records while your account exists.

Personal data in requests. If you send personal data about other people, you are responsible for having a lawful basis and giving any required notice. If you use the Decision API for business purposes and need a data processing agreement, contact us.

More detail is in the Privacy Policy and in the privacy page of the Decision API documentation.

10. Suspension and Termination

You may stop using the Decision API at any time and revoke your keys. To close your account, email contact@torchcast.ai.

We may suspend or revoke your access or API keys immediately, without prior notice where notice is not practical, if (a) we reasonably believe you are breaching these Decision Terms or the Terms of Service, (b) your use creates a security, legal or operational risk, including unusual payment or chargeback activity, (c) a payment is disputed, or (d) the law requires it. We will restore access once the reason no longer applies, where appropriate.

We may close your account for material breach, or for convenience on at least 30 days' notice. Section 6 then applies to unused Credit.

Sections 4 (paragraph “Negative balance”), 6, 8, 9, 11 and 13 survive termination, and the last paragraph of Terms of Service Section 9 applies as if it listed them, except where it refers to provisions that do not apply under Section 1.

11. Warranties, Liability and Indemnity

Terms of Service Sections 11 (Disclaimer of Warranties) and 12 (Limitation of Liability) apply to the Decision API. For the Decision API, “the fees you paid or owed” in Terms of Service Section 12 means the pre-tax amount of top-ups you paid in the 12 months before the event, less refunds.

Terms of Service Section 13 (Indemnity) applies only if you use the Decision API for business purposes. It does not apply to Consumers.

Nothing in these Decision Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or a Consumer's statutory rights.

12. Changes to These Decision Terms

We may update these Decision Terms. Each version has a version number and effective date. For changes that materially reduce your rights, we will give at least 30 days' notice by email to your account address or in the Console before they take effect, except where a change is required by law or to address security or abuse, which may take effect sooner. Other changes take effect when published. Changes to the Terms of Service that affect the Decision API follow this Section 12.

When we publish a new version, we ask you to accept it in the Console. Until you do, you cannot create API keys, use the playground or add Credit; API keys you created earlier keep working, and your use of them is governed by the new version from its effective date. Your existing Credit keeps its expiry date. If you do not accept a new version, you may stop using the Decision API. If you are a Consumer and the new version materially reduces your rights, you may close your account during the notice period and we will refund your unused, unexpired Credit from your top-ups, with the tax charged on that part, to the original payment method within 30 days after closure.

13. Governing Law and Disputes

Terms of Service Section 16 (Governing Law and Dispute Resolution) applies, including its consumer carve-out.

14. Contact

Torchcast AI Pte. Ltd., 101 Thomson Road #28-03A United Square, Singapore 307591.
Email: contact@torchcast.ai