Terms and conditions - Keera by bespinian

What these terms cover

They apply to every contract between bespinian GmbH ("we") and you as a customer for Keera Gateway and Keera Engine: the shared instance at gateway.keera.ch, an instance of your own, and an installation on your own infrastructure. Terms of your own apply only if we agree to them in writing.

On Swiss Cloud, the contract starts when you create an organisation at gateway.keera.ch. On Dedicated and Enterprise, it starts with a signed quote, and what the quote says takes precedence over these terms. Whoever creates an organisation confirms that they may act for it.

What we provide

What each plan includes is on the pricing page or in your quote. Keera Gateway forwards your requests to the model providers your organisation opens. We run the service with care, but we promise no particular availability unless an SLA says so.

A language model's answer can be wrong, incomplete or unsuitable. We are not responsible for what it says: check it before you rely on it. The model providers' own terms apply to their services as well.

Prices and payment

All prices are in Swiss francs, plus VAT. Base fees are per organisation and due in advance, monthly or yearly; a yearly contract takes 10% off the base fee. Model usage is charged at the provider's list price, as shown in the model catalogue.

On Swiss Cloud, you pay for usage in advance as credit, through PostFinance Checkout. Each request is taken from the credit; once it is used up, requests to those models are refused. Credit does not expire and is not paid out, unless we end the contract through no fault of yours. Invoices are payable within 30 days.

What you agree to

You use Keera only as the law and these terms allow. If you do not, we may block your access.

You keep keys and accounts secret and are responsible for everything done with them.
You send only data you are allowed to process, and you follow the model providers' usage policies.
You do not attack the service, work around its limits, or offer it to others as a service of your own.

Data and rights

We do not store prompts or answers, and we train no model on your data. What is stored is the record of each request - who, when, which model, how many tokens, which decision - in your organisation's log. We process personal data in your requests on your behalf, and we sign a data processing agreement on request. The privacy policy has the detail.

The software remains the property of bespinian GmbH; its source is under the Keera Community Licence. For the term of the contract, you may use it to the extent agreed. Your data and the answers you receive are yours.

Liability

We are liable for damage we cause intentionally or through gross negligence. Any further liability is excluded as far as the law allows, in particular for slight negligence, lost profit, lost data and consequential damage.

We are not liable for outages at the model providers, for disruptions outside our control, or for damage arising from what a model's answer says.

Term and termination

Swiss Cloud runs with no fixed term: you can cancel at any time, and we with 30 days' notice. Dedicated can be cancelled with 30 days' notice to the end of any month; a yearly contract renews for another year unless either side cancels 30 days before it ends. Enterprise follows its quote. Either side may end the contract at once for good cause, such as misuse or unpaid invoices.

After the contract ends, you can export your data for 30 days. Then we delete it, except what the law requires us to keep, such as accounting records.

Changes, law and jurisdiction

We may change these terms and our prices. We announce a change at least 30 days ahead. If you do not agree, you can cancel as of the day it takes effect; if you keep using Keera after that, the change counts as accepted.

Swiss law applies, excluding the Vienna Sales Convention. The place of jurisdiction is the registered office of bespinian GmbH. Questions about these terms go to info@bespinian.io.