Terms of Service

1. Introduction and Scope

These Terms of Service ("Terms") govern your access to and use of the websites, platforms, APIs, and services (collectively, the "Services") provided by Infercom SCS ("Infercom," "we," "us," or "our"), a company incorporated as a Société en Commandite Simple (SCS) under the laws of the Grand Duchy of Luxembourg.

The Services include:

• infercom.ai — our corporate website
• cloud.infercom.ai — our cloud platform portal
• api.infercom.ai — our AI inference API
• docs.infercom.ai — our documentation
• support.infercom.ai — our support portal
• status.infercom.ai — our service status page

By accessing or using our Services, you ("you" or "Customer") agree to be bound by these Terms and our Privacy Statement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not access or use our Services.

2. Description of Services

Infercom provides an AI inference platform that enables customers to submit requests to open-source AI models and receive generated outputs via an OpenAI-compatible API.

2.1 Infrastructure

Our primary inference infrastructure is located at Equinix Munich 4, Germany, within the European Union. The platform is powered by SambaNova Systems, Inc. ("SambaNova"), a US-based technology provider that operates the platform under a managed services agreement on behalf of Infercom.

2.2 EU-Hosted Models and Global Model Catalog

Infercom offers two categories of models:

• EU-Hosted Models: Models running on Infercom-owned hardware at Equinix Munich 4, Germany. All data processing for these models occurs within the EU.
• Global Model Catalog: Additional models available through SambaNova's global infrastructure outside the EU (primarily the United States). When you use Global Model Catalog models, your API requests (including prompt content) are processed outside the EU.

EU-Hosted Models are identified in the API (via the /v1/models endpoint) and in the cloud platform interface. You are responsible for selecting models appropriate to your data residency requirements.

The availability of specific models may change at any time. Infercom may add, remove, or replace models without prior notice. We do not guarantee the continued availability of any particular model.

2.3 Data Isolation

Your Input and Output are logically isolated from other customers. Your data is not accessible to other customers, to AI model creators, or to any third party other than Infercom and its sub-processors as described in our Privacy Statement. Infercom does not aggregate, combine, or share customer data across accounts.

2.4 No Model Training

Infercom does not use your inputs (prompts) or outputs (model responses) for model training, fine-tuning, or service improvement. Inference data is processed transiently and discarded after the response is delivered.

3. Account Registration and Access

3.1 Account Requirements

To use the Services, you must:

• Create an account at cloud.infercom.ai
• Provide accurate and complete registration information
• Be at least 16 years of age
• Comply with these Terms and all applicable laws

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including API keys. You are responsible for all activity under your account. You must notify us immediately at support@infercom.ai if you suspect unauthorized access to your account.

3.3 API Keys

API keys are confidential credentials. You must not share, publish, or embed API keys in client-side code or public repositories. Infercom reserves the right to revoke API keys that are compromised or used in violation of these Terms.

4. Service Tiers and Pricing

4.1 Service Tiers

Infercom offers the following service tiers:

• Pay-as-you-go: Self-service, per-token pricing. No minimum commitment. Billed via credit card through Stripe.
• Reserved Capacity: Contract-based committed usage with agreed-upon capacity allocations.
• Dedicated Rack: Full rack reservation for customers requiring dedicated infrastructure.

Current pricing is available at cloud.infercom.ai/plans/pricing.

4.2 Free Tier

New accounts receive a complimentary credit of EUR 5.00. This credit expires 30 days after account creation and is non-transferable and non-refundable.

4.3 Billing and Payment

• Pay-as-you-go usage is billed based on token consumption as metered by our billing system.
• All prices are in EUR and exclusive of VAT, which will be applied where required by law.
• Payment is due upon invoice. Overdue payments may result in suspension of access to the Services.
• You are responsible for paying all taxes associated with your use of the Services, except for taxes based on Infercom's income.

4.4 Usage Metering

Usage is metered by Metronome, our billing metering system. Token counts as reported by our system are the definitive measure for billing purposes. Billing data is available in your account dashboard.

4.5 Price Changes

We may change our pricing at any time. Price changes for pay-as-you-go customers take effect upon posting to the pricing page. For Reserved Capacity and Dedicated Rack customers, pricing is governed by the applicable contract.

5. Acceptable Use

5.1 General Obligations

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable law or regulation, including but not limited to the GDPR, the EU AI Act, and the laws of the Grand Duchy of Luxembourg
• To generate, store, or distribute content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• To generate content that infringes the intellectual property rights of any third party
• To attempt to gain unauthorized access to the Services, other accounts, or any systems connected to the Services
• To interfere with or disrupt the integrity or performance of the Services
• To reverse-engineer, decompile, or attempt to extract the source code or underlying algorithms of the Services
• To use the Services to develop competing AI inference services
• To circumvent any rate limits, usage restrictions, or security measures
• To submit personal data of third parties without a lawful basis for processing

5.2 Rate Limits

The Services are subject to rate limits that vary by service tier. Rate limits are documented at docs.infercom.ai and may be adjusted from time to time. Exceeding rate limits may result in temporary throttling or, in case of persistent abuse, suspension of your account.

5.3 Enforcement

Infercom reserves the right to investigate and take appropriate action against any violation of these Terms, including suspension or termination of your account, removal of content, and cooperation with law enforcement authorities.

6. Your Content and Data

6.1 Ownership

You retain all rights to the data, text, prompts, and other materials you submit to the Services ("Input") and to the outputs generated by the AI models in response to your Input ("Output"). Infercom does not claim any ownership of your Input or Output.

6.2 License to Infercom

You grant Infercom a limited, non-exclusive, worldwide license to process your Input solely for the purpose of providing the Services to you (i.e., processing your inference requests and delivering the Output). This license terminates when you stop using the Services.

6.3 No Training Use

As stated in Section 2.4, Infercom does not use your Input or Output for model training, fine-tuning, analytics, or any purpose other than delivering the inference response you requested.

6.4 Your Responsibilities

You are solely responsible for:

• The content of your Input, including ensuring you have the right to submit it
• The use you make of the Output, including verifying its accuracy and appropriateness
• Ensuring your use of the Services complies with all applicable laws, including data protection and AI regulation
• Informing end users who interact with Output generated by the Services that they are receiving AI-generated content, where required by applicable law (including EU AI Act Article 50)

6.5 Output Accuracy and Limitations

AI model outputs may be inaccurate, incomplete, or biased. Infercom does not guarantee the accuracy, reliability, or suitability of any Output. You should not rely on Output for critical decisions without independent verification.

Output is not a substitute for professional legal, medical, financial, or other expert advice. You are solely responsible for evaluating the suitability of any Output for your intended purpose.

Output is generated probabilistically and is not guaranteed to be unique. Different customers submitting the same or similar Input may receive the same or similar Output. Infercom does not guarantee exclusivity of any Output.

7. Intellectual Property

7.1 Infercom's Intellectual Property

The Services, including the platform, user interface, documentation, and all related technology, are owned by Infercom and its licensors. These are protected by the intellectual property laws of the Grand Duchy of Luxembourg, the European Union, and international treaties.

7.2 AI Models

The AI models available through the Services are open-source models licensed under their respective open-source licenses (e.g., Meta Llama License, Apache 2.0). Infercom does not claim ownership of the models themselves. Your use of model outputs is subject to the applicable model license terms.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant Infercom a non-exclusive, royalty-free, perpetual license to use that feedback to improve the Services, without any obligation to you.

8. Service Availability and Support

8.1 Availability

Infercom aims to provide continuous availability of the Services but does not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice where possible)
• Unscheduled maintenance or emergency repairs
• Factors beyond our reasonable control (see Section 13)

Current service status and incident updates are available at status.infercom.ai.

8.2 Service Level Agreements

Service level agreements (SLAs) with defined uptime commitments and remedies are available for Reserved Capacity and Dedicated Rack customers under separate agreement. SLAs are not included in pay-as-you-go plans.

8.3 Support

• Documentation: Available at docs.infercom.ai
• Support tickets: Available at support.infercom.ai
• Enterprise support: Enhanced support options are available for Reserved Capacity and Dedicated Rack customers under separate agreement

9. Data Protection

9.1 Privacy Statement

Our collection and use of personal data is governed by our Privacy Statement, which is incorporated into these Terms by reference.

9.2 Data Processing Agreement

For customers who process personal data through the Services, Infercom provides a Data Processing Agreement (DPA) in accordance with GDPR Article 28, available at infercom.ai/dpa. By accepting these Terms, you also agree to the DPA, which is incorporated into these Terms by reference. The DPA governs Infercom's processing of personal data on your behalf as data controller. Customers requiring a countersigned DPA for procurement or compliance purposes may contact legal@infercom.ai.

9.3 Security Incident Notification

In the event of a security incident that affects your data, Infercom will notify you without undue delay. Where the incident constitutes a personal data breach under GDPR Article 33, Infercom will provide the information necessary for you to fulfil your own notification obligations as data controller.

9.4 Data Location

EU-Hosted Models process all data within the EU (Equinix Munich 4, Germany). Global Model Catalog models process data on SambaNova's global infrastructure (primarily US). See our Privacy Statement, Section 8, for details on international data transfer safeguards.

10. Warranties and Disclaimers

10.1 Our Warranties

Infercom warrants that:

• The Services will be provided with reasonable skill and care
• The Services will materially conform to the documentation at docs.infercom.ai
• We will comply with all applicable laws in providing the Services

10.2 Disclaimers

To the extent permitted by applicable law:

• The Services are provided "as is" and "as available."
• We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.
• We do not warrant the accuracy, completeness, or reliability of any Output generated by the AI models.
• We do not warrant that the Output will be fit for any particular purpose.

10.3 Consumer Rights

Nothing in these Terms excludes or limits any rights you may have under mandatory consumer protection laws of the European Union or Luxembourg that cannot be excluded or limited by contract.

11. Limitation of Liability

11.1 Liability Cap

To the maximum extent permitted by applicable law, Infercom's total aggregate liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to Infercom in the six (6) months immediately preceding the event giving rise to the claim.

For free tier users who have not paid any fees, the Services are provided without any liability on Infercom's part, to the maximum extent permitted by applicable law.

11.2 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, Infercom shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or loss of goodwill, regardless of the cause of action or the theory of liability, even if Infercom has been advised of the possibility of such damages.

11.3 Exceptions

The limitations in this Section 11 do not apply to:

• Liability arising from Infercom's willful misconduct or gross negligence
• Liability that cannot be excluded or limited under applicable law
• Infercom's obligations under the GDPR regarding personal data breaches

12. Indemnification

12.1 Indemnification by You

You agree to indemnify, defend, and hold harmless Infercom and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Services in violation of these Terms or applicable law
• Your Input or your use of the Output
• Your breach of any third party's rights, including intellectual property rights or data protection rights

12.2 Indemnification by Infercom

Infercom will indemnify, defend, and hold harmless you from any third-party claims alleging that the Services (excluding the open-source AI models themselves and any Output) infringe the intellectual property rights of a third party, provided that you promptly notify Infercom of the claim, give Infercom sole control of the defence, and cooperate with Infercom's defence efforts.

This indemnification does not apply to claims arising from your Input, the Output, the open-source models (which are licensed under their own terms), or your use of the Services in violation of these Terms.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, power outages, internet or telecommunications failures, or cyberattacks.

14. Term and Termination

14.1 Term

These Terms take effect when you first access or use the Services and continue until terminated.

14.2 Termination by You

You may terminate your account at any time by contacting support@infercom.ai. Upon termination, any remaining unused credits are forfeited and no refund will be provided for prepaid amounts.

14.3 EU Consumer Right of Withdrawal

If you are a consumer within the European Union, you have the right to withdraw from these Terms within 14 days of account creation, without giving any reason (in accordance with the EU Consumer Rights Directive 2011/83/EU).

To exercise this right, notify us by email at support@infercom.ai with a clear statement of your decision to withdraw.

If you request to begin using the Services before the withdrawal period expires, you acknowledge that you will lose the right of withdrawal for any Services already consumed. You will be refunded any fees paid, minus the value of Services already used during the withdrawal period.

The withdrawal right does not apply to business or enterprise customers.

14.4 Termination by Infercom

Infercom may terminate or suspend your access to the Services:

• Immediately, without notice, if you breach these Terms
• Immediately, if required by law or regulatory order
• With 30 days' notice, for any other reason

14.5 Effect of Termination

Upon termination:

• Your right to access the Services ceases immediately
• All outstanding fees become due and payable
• Infercom will delete your account data within 30 days, except where retention is required by law
• Sections that by their nature should survive termination will survive, including Sections 6, 7, 10, 11, 12, and 16

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date at the top of this page
• We will notify registered users by email at least 14 days before the changes take effect
• Your continued use of the Services after the changes take effect constitutes acceptance of the revised Terms

If you do not agree with the revised Terms, you must stop using the Services before the changes take effect.

For Reserved Capacity and Dedicated Rack customers, changes to contractual terms are governed by the applicable contract.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to its conflict of law provisions.

16.2 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Luxembourg City, Grand Duchy of Luxembourg.

16.3 EU Consumer Rights

If you are a consumer within the European Union, you may also bring proceedings in the courts of the EU member state in which you are domiciled, and nothing in these Terms affects your right to rely on any mandatory consumer protection provisions of your country of residence.

16.4 Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform for consumers, available at ec.europa.eu/consumers/odr. Our email address for ODR purposes is: info@infercom.ai.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Statement and any applicable DPA or enterprise contract, constitute the entire agreement between you and Infercom regarding the Services. In the event of a conflict between these Terms and an enterprise contract, the enterprise contract shall prevail.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Infercom may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

17.4 Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.

17.5 Export Control and Sanctions

The Services may be subject to export control and sanctions laws of the European Union, Luxembourg, and other applicable jurisdictions. You represent and warrant that:

• You are not located in, or a resident or national of, any country subject to EU or UN comprehensive sanctions
• You are not listed on any EU, UN, or applicable national sanctions list
• You will not use the Services in violation of any applicable export control laws
• You will not re-export, transfer, or make available the Services or any Output to any person or entity in violation of applicable sanctions or export control laws

17.6 Notices

Notices to Infercom should be sent to:

Notices to you will be sent to the email address associated with your account.

18. Contact

If you have any questions about these Terms, please contact us: