Allgemeine Geschäftsbedingungen

Dieser Text ist auf Englisch. Datenschutzerklärung

1. Parties, scope and acceptance

1.1These terms govern the use of LLMaaS, a service operated by Mathieu Dubois, 1008 Prilly, Switzerland ("we"). "You" are the person, company or organisation that orders the service.

1.2The service is offered to private individuals as well as to businesses and other organisations. A person who accepts these terms on behalf of an organisation confirms they may bind it. If you use the service for private purposes, outside any trade or profession, you are a consumer: the mandatory rules that protect consumers where you live apply in addition to these terms, and nothing in these terms limits them.

1.3The contract is formed when we confirm your order in writing (email is enough) or when we give you access, whichever comes first. The order names your plan, its price, the model and any options agreed.

1.4The contract consists of the order, these terms, the Privacy Policy and, where one is signed, the data processing agreement. If they conflict, the order prevails, then the data processing agreement, then these terms.

1.5An organisation's own purchasing terms do not apply, even if we do not object to them.

2. The service

2.1We provide a virtual machine with its own GPU in a data centre in Switzerland, dedicated to you alone (your "box"). It runs the open-weight language model named in your order.

2.2You reach the model in three ways:

• the API at api.llmaas.ch, compatible with the OpenAI API, with API keys you create in your account;
• the web chat at chat.llmaas.ch, for the users of your account;
• on request, direct access to your box with access tokens, from the network addresses you give us. Direct requests do not pass through our gateway.

2.3The plans, their GPU and their models are described on llmaas.ch at the time of your order. Speeds and numbers of simultaneous users shown there are typical measurements, not guarantees.

2.4Your box runs around the clock unless the order says it may be paused when idle. A paused box takes several minutes to answer again.

2.5We may change the software on the box (model server, drivers, operating system) and the features of the gateway and the chat, provided the agreed model and plan stay available. We change the model itself, or its version, only with your agreement.

2.6You may ask for another model that the model server supports, including your own fine-tune. We deploy it if it fits your plan's GPU and its licence allows it.

2.7On the agent plan we provide a virtual machine in Switzerland that runs an always-on assistant, nanobot (open source), with its own encrypted disk for its memory and files, and access to our model server with a daily allowance of requests. You set the agent up yourself, on its page.

2.8We provide the machine and the model server; what the agent does is yours to decide. The tools, skills, packages and chat channels you add to it (Telegram, Discord, Slack or email, for example), the outside services it calls, and any other model provider you give it your own key for, are outside our infrastructure and often outside Switzerland. What the agent sends them goes there at your choice and under your responsibility, under those services' own terms.

2.9The agent's disk is encrypted with a key that only you can unlock, or that we also hold so the agent restarts by itself after a reboot, as you choose on its page. We do not read the agent's conversations, memory or files. The agent has no administrator rights on its machine.

2.10Your account page shows the agent's daily allowance on our model server; requests above it are refused until the next day (UTC). With your own key for another provider, that provider's terms and prices apply.

3. Account, keys and your responsibilities

3.1We create your account; there is no self-service signup. You keep your password, API keys and access tokens confidential and give them only to people and systems you authorise.

3.2API keys and access tokens are shown once, when created. We store only a hash and cannot recover them. You can revoke them at any time in your account.

3.3You are responsible for everything done with your account, keys and tokens, until you revoke them or tell us they may be compromised. Tell us without delay at hello@llmaas.ch.

3.4A token revoked while your box is unreachable keeps working on the box until the box has received the new list. Your account page shows when that is the case.

3.5For direct access you give us the network addresses allowed to reach your box, and you keep them current.

3.6You are responsible for your own applications, for the people you let use the service, and for the lawfulness of the content you send to it.

4. Acceptable use

4.1You may use the service for your own purposes, private or professional, including inside products you offer to your own customers. You remain responsible for their use.

4.2You may not use the service to:

• break Swiss law or the law that applies to you or your users;
• produce content that is illegal in Switzerland, such as depictions of child sexual abuse, incitement to violence or hatred, or threats;
• deceive people at scale: spam, fraud, phishing, impersonation;
• write or spread malware, or attack systems you have no right to test;
• attack, overload or probe our infrastructure, or get around access controls or metering;
• resell bare access to your box as a competing hosting service without our written agreement.

4.3Each model comes with its publisher's licence, linked on llmaas.ch or named in your order. You follow that licence. For a model you bring, you confirm you have the right to run it and to have us host it.

4.4We do not monitor the content of your requests. If we learn of a breach of this section, we may suspend access under section 9.3.

5. Prices, billing and payment

5.1Prices are in Swiss francs. Your plan's monthly price is set in the order.

5.2The box is billed by the hour. The hourly price is the monthly price divided by 730. You pay for the hours your box exists for you, running or stopped, from the moment it is dedicated to you until it is deleted or paused. A calendar month of 720 hours therefore costs slightly less than the monthly price, one of 744 hours slightly more.

5.3A box paused at your request is not billed for the paused hours.

5.4With a dedicated box, requests through the API and the chat are included in the box's price, without a limit on tokens. Your statement lists them per API key for your information.

5.5Months are calendar months in UTC. Your statement for each month is available in your account. We invoice each month in arrears, on the basis of that statement.

5.6Invoices are payable within 30 days by bank transfer. After a reminder, late amounts bear interest at 5% a year, and we may suspend the service under section 9.3.

5.7You have 30 days from the invoice date to dispute it in writing; after that it is deemed accepted.

5.8We are not currently registered for VAT, so none is charged. If that changes, VAT is added to the prices at the legal rate.

5.9We may change prices with 60 days' written notice. You may end the contract for the date the change takes effect.

5.10The agent is billed by the month, in advance, at the price shown on llmaas.ch when you create it. A month left unpaid 7 days after it began stops the agent, its disk kept; still unpaid at that month's end, the agent and its disk are deleted. Each step is announced by email 48 hours before. You may cancel the agent at any time: it runs until the end of the month paid for, then it and its disk are deleted, so download its memory before then.

5.11An account without a plan of its own is on the free plan: our shared model server, free of charge, with 50 requests a day across your API keys and the chat, 5 at a time, answers up to 4,096 tokens, prompts up to about 16,000 tokens, and no thinking mode. A request beyond these limits is refused; the day's count starts again at 00:00 UTC.

5.12The agent plan includes 100 requests a day on our shared model server, 2 at a time, answers up to 4,096 tokens and prompts as long as the agent's context window. Requests beyond the day's allowance are refused until 00:00 UTC, and we tell you by email once that day when it is used up. An agent on your own key with another provider uses none of it.

5.13The free plan and these allowances come as they are, with no guarantee of availability or speed. We may change their limits; a change that reduces them is announced by email beforehand.

6. Your content

6.1"Your content" is what you and your users send to the model (prompts, files, images) and what the model returns. It stays yours. We claim no rights in it.

6.2We process your content only to return the answer. We do not store prompts or answers, we do not read them, and we do not use them to train or improve any model.

6.3What this means in practice:

• chat conversations are kept in the user's browser, not on our servers;
• a file uploaded in the chat is turned into text as it arrives, any temporary file deleted at once, and the result held in memory for at most one hour;
• our logs record that a request happened (time, key, model, token counts), not what it said.

6.4Exceptions, each under your control:

• Web search exists only in our chat app (chat.llmaas.ch), for a conversation where a user switches it on: the search query is then sent to an external search engine outside Switzerland, and our server may open the public web pages the model chooses to read. The rest of the conversation is not sent. The API never searches the web.
• If your box cannot answer, your requests are refused, unless you have asked us to answer them meanwhile with our shared model server in Switzerland. That option is off unless you ask for it.
• To diagnose a fault we may switch on detailed logging that includes content, only with your written consent and for the time agreed.

6.5Where your content contains personal data, we process it as your processor, on your instructions, under the data processing agreement or, if none is signed, under this section. We keep it confidential, protect it with the measures described in the Privacy Policy, use the sub-processors listed there, and tell you without undue delay about a breach that affects it.

6.6You make sure you are allowed to send your content to the service, in particular personal data and data under professional secrecy.

6.7Each party keeps the other's non-public information confidential and uses it only for this contract. This continues for three years after the contract ends.

7. Availability, maintenance and support

7.1We operate the service with the care of a professional provider and aim to keep your box available around the clock. We do not guarantee a level of availability, and interruptions give no right to a credit, unless the order says otherwise.

7.2Planned maintenance that interrupts your box (updates of the model server, drivers or operating system, a restart) is announced by email at least 3 business days ahead, and done outside 08:00 to 18:00 Swiss time where possible. Urgent security fixes may come without notice.

7.3The service depends on our cloud provider's GPU capacity. If your box is lost and no GPU of your plan can be had, we tell you without delay and you do not pay for the hours without a box.

7.4We may send test requests to your box to check that it works or to diagnose a fault. They are not billed to you and do not appear in your usage.

7.5Support is by email at hello@llmaas.ch, on business days in the canton of Vaud, 09:00 to 17:00 Swiss time. We answer by the next business day, in English, French or German.

7.6The box holds no data of yours that needs a backup. We back up account and billing data. Keeping copies of your conversations and outputs is up to you.

8. Model output, warranties and liability

8.1Language models produce text that can be wrong, incomplete, biased or out of date, and can differ from one request to the next. You check the output before relying on it, and you do not use it as the only basis for decisions with legal or similarly serious effects on people.

8.2The models are made by third parties and provided as they are. We give no warranty for the quality or fitness of a model or its output, nor that output is free of third-party rights.

8.3Apart from what these terms state expressly, all warranties are excluded as far as the law allows.

8.4We are liable without limit for damage we cause intentionally or through gross negligence, and for personal injury.

8.5In all other cases our total liability per contract year is limited to the fees you paid for the 12 months before the event that caused the damage. We are not liable for indirect or consequential damage, lost profit, lost data, or claims of third parties against you.

8.6Our liability for auxiliary persons and subcontractors is excluded as far as the law allows.

8.7Neither party is liable for failures caused by events outside its reasonable control, such as power or network failures beyond the data centre's redundancy, an outage of the cloud provider, attacks, or orders of an authority.

8.8You indemnify us against third-party claims that arise from your content or from your use of the service in breach of section 4. If you are a consumer, sections 8.5, 8.6 and 8.8 apply only as far as the law allows them against consumers.

9. Term, suspension and termination

9.1The contract starts when it is formed (section 1.3) and runs until terminated.

9.2You may terminate at any time in writing (email is enough), for the end of the current calendar month or a later date you name. We may terminate with 60 days' notice for the end of a calendar month.

9.3We may suspend your access, in whole or in part, if an invoice stays unpaid 10 days after a reminder, if you breach section 4, or if your account endangers the service or others. We tell you beforehand where that is reasonable, and restore access once the cause is removed. The box stays billed during a suspension caused by you.

9.4Either party may terminate without notice for good cause, in particular a serious breach not remedied within 14 days of a written warning, or the other party's bankruptcy.

9.5On the end date:

• your API keys, access tokens and logins stop working;
• your box and its disk are deleted, including any model or fine-tune you had us install. They cannot be restored;
• we issue the final statement and invoice for the hours up to deletion.

9.6On the end date your account is suspended: nobody can sign in with it any more. We delete it, with its keys and usage detail, when you ask us to (Privacy Policy, section 8); until then its usage detail is kept for the period in the Privacy Policy. Invoices and the data behind them are kept as long as the law requires.

9.7The model weights we provide are publicly available under their own licences; you can run them elsewhere. We hand over no machine image.

10. Changes, law and jurisdiction

10.1We may change these terms. We send you the new version by email at least 30 days before it applies. If a change is to your disadvantage, you may terminate for the date it takes effect; if you do not, the new version applies from that date.

10.2Notices under this contract are valid by email: to you at the address of your account, to us at hello@llmaas.ch.

10.3You may not transfer the contract without our written consent. We may transfer it to a successor that takes over the service, with notice to you.

10.4You may name us as a supplier; we name you as a client only with your consent.

10.5If a clause is invalid, the rest stands, and the clause is replaced by a valid one closest to its purpose.

10.6Swiss law applies, without its conflict-of-law rules and without the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you keep the protection of the mandatory law of the country where you live.

10.7The ordinary courts competent for Prilly, canton of Vaud, Switzerland, have exclusive jurisdiction. We may also bring a claim at your seat. If you are a consumer, you may also bring a claim before the courts where you live, and we may bring one against you only there.

10.8These terms are written in English. Any translation is for convenience only; the English version prevails.