Terms of Service

1. Agreement and definitions

These Terms, the Acceptable Use Policy (AUP), Privacy Policy, applicable Data Processing Addendum (DPA), order form, and incorporated policies form the agreement between Elektric, Inc. ("Elektric") and the person or entity accepting it ("Customer"). "Service" means Elektric's APIs, dashboard, SDKs, documentation, and related infrastructure. "Customer Content" means prompts, messages, files, documents, data, tool results, and other submitted material. "Output" means returned content. "Authorized User" means a person Customer permits to use its account. "Customer Application" means a product or workflow connected to the Service.

2. Eligibility, accounts, and credentials

The Service is offered for business use. A person accepting for an organization represents authority to bind it. Customer must provide accurate information, administer Authorized Users and projects, and promptly revoke unauthorized access. API keys are server-side secrets. Customer must not expose them in public clients, source control, URLs, logs, analytics, or prompts and must rotate suspected compromised keys. Customer is responsible for its applications, end users, notices, consents, instructions, and safeguards.

3. Permitted use

Subject to the agreement, Elektric grants Customer a limited, non-exclusive, non-transferable right during the term to use the Service for its business and Customer Applications. The AUP is incorporated. Customer may not circumvent limits or safeguards, interfere with the Service, reverse engineer except where law prohibits restriction, resell raw account access, share credentials outside its organization, or use the Service unlawfully.

4. Routing and providers

Customer authorizes Elektric to analyze requests and automatically select, substitute, and route among third-party AI providers and models, including OpenAI, Anthropic, Google, Cloudflare, and others on the Subprocessor List. Routing may consider capability, quality, cost, latency, health, availability, and Customer-selected modes. Retries and fallbacks may cause the same request to be processed by more than one eligible provider. Provider restrictions, availability, and behavior are outside Elektric's control.

5. Customer Content and Output

As between the parties, Customer retains its rights in Customer Content and represents it has the rights, notices, consents, and lawful instructions required for processing. Customer grants Elektric a limited worldwide license to host, copy, transmit, transform, and process Customer Content to provide, secure, support, and administer the Service.

Subject to third-party rights and law, Elektric assigns to Customer any rights Elektric may have in Output generated specifically for Customer. Output may be inaccurate, incomplete, offensive, non-unique, non-copyrightable, or similar to output provided to others. Elektric does not warrant accuracy, completeness, non-infringement, or fitness for a decision. Customer must evaluate Output and use appropriate human review and safeguards.

6. Stateful features and retention

Conversation and Memory are available automatically when requests supply the relevant user and conversation IDs. Non-streaming requests can store submitted user content and successful assistant text. Memory can retrieve selected information and update after successful non-streaming responses. Operational records and separate file/result storage also apply.

Temporary Files and Assets normally have a one-hour access expiry, with asynchronous physical deletion and possible active-job cleanup delays. Deleting a Conversation does not delete Memory. Memory deletion deactivates a card and preserves its stored content. Account deletion revokes owned keys and removes owned customer content through a retriable cleanup process. Revoking an individual key preserves usage history. See the Privacy Policy for retention and account-deletion limitations.

7. Feedback and Elektric property

Customer grants Elektric a perpetual, irrevocable, worldwide, royalty-free right to use feedback without restriction or attribution, excluding Customer Content inadvertently included. Elektric and its licensors retain the Service, code, routing/evaluation systems, documentation, branding, and improvements. Open-source components remain governed by their licenses.

8. Changes, beta status, and availability

Elektric may modify or discontinue features, providers, models, routing, pricing, limits, and interfaces. Beta or experimental features may be less reliable. Elektric does not promise uninterrupted or error-free service. Provider outages, capacity, security events, maintenance, and force majeure may affect availability.

9. Limits, suspension, and abuse

Elektric may enforce payload, rate, concurrency, daily usage, spend, file, and job limits and reject work based on capacity. It may restrict or suspend access to address security risk, abuse, law, nonpayment, insufficient balance, provider restrictions, or material breach, with notice and an opportunity to cure where practicable.

10. Billing

Customer funds a prepaid USD service balance through Stripe-hosted Checkout. Charges equal supported upstream AI usage cost, with no Elektric markup. Estimates, reservations, and final charges may differ based on actual use. Paid webhook events credit the ledger idempotently. Failed requests ordinarily release reservations, but billable upstream work and retries or fallbacks may incur usage.

Balances are service credits, not deposits, bank accounts, stored value, or legal tender. Customer is responsible for applicable taxes, chargebacks, and disputes. Promotional credits have no cash value. Elektric may correct errors and reverse duplicate, erroneous, fraudulent, or charged-back credits.

11. Confidentiality, privacy, and security

Each party will protect the other's nonpublic information using reasonable care and use it to perform the agreement. Exclusions apply to information lawfully known, independently developed, public without breach, or rightfully received. Required disclosures may be made where compelled, with notice where permitted. The Privacy Policy, DPA, and Security page describe processing and safeguards.

12. Trade controls and high-impact use

Customer may not violate sanctions, export controls, or trade restrictions, or use Output as the sole basis for decisions producing legal or similarly significant effects in regulated or high-impact areas. The AUP supplies additional restrictions.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, BETA FEATURES, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." ELEKTRIC DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, TITLE, AND NON-INFRINGEMENT AND DOES NOT WARRANT ANY PARTICULAR OUTPUT, SAVINGS, PROVIDER, AVAILABILITY, OR RESULT.

14. Indemnification and liability

Customer will defend and indemnify Elektric and its personnel against third-party claims arising from Customer Content, Customer Applications, end users, AUP violations, or unlawful use, subject to customary notice, defense control, and cooperation.

15. Termination

Either party may terminate as provided in an order form or for uncured material breach after reasonable notice. On termination, Customer must stop using the Service and pay amounts due. Customer should export or delete content before termination. Elektric will delete or return Customer Personal Data under the DPA, subject to legal retention, backups, security records, and technical limits. Accrued payment, confidentiality, IP, disclaimer, indemnity, liability, and dispute provisions survive as appropriate.

16. General

Assignment requires consent except for an affiliate transfer, reorganization, merger, or sale of substantially all relevant assets where obligations are assumed. Neither party is liable for events beyond reasonable control. Unenforceability does not affect remaining terms; nonenforcement is not waiver. The agreement is complete on its subject. An order form controls only where expressly stated. Elektric may update these Terms with reasonable notice of material changes.