These Terms of Service (“Terms”) govern your access to and use of the websites, APIs, and other services offered by Wafer, Inc. (“Wafer,” “we,” “us”), including wafer.ai, the Wafer inference API, and Wafer Pass (collectively, the “Service”). By creating an account, purchasing a subscription, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. You agree to provide accurate account information and to keep your credentials, including your API keys, confidential. You are responsible for all activity that occurs under your account or API keys.
2. Subscriptions, Billing, and Cancellation
Wafer Pass is offered on weekly, monthly, or yearly billing intervals. Each interval renews automatically at the start of the next period at the then-current price unless you cancel before renewal. Prices, included quotas, supported models, and overage rates may change as we iterate; we will give reasonable notice for material changes that affect your existing subscription before they take effect.
You may cancel a Wafer Pass subscription at any time from your account or by contacting us. Cancellation stops future renewals; your subscription remains active for the remainder of the already-paid billing period.
Refunds. Wafer Pass fees are charged in advance for the upcoming billing period and are generally non-refundable, including for unused quota or unused portions of a billing period after cancellation. We may, at our discretion, issue prorated or full refunds in cases of duplicate charges, our own service errors, or where required by applicable law. Overage charges, once incurred, are non-refundable.
Taxes are your responsibility unless we are legally required to collect them. You authorize Wafer and our payment processor to charge your payment method for all fees and applicable taxes.
3. Acceptable Use
Wafer Pass is licensed for personal use by a single individual. When using the Service, you agree to the following limits:
- One account per person. Each individual may hold only one active Wafer Pass subscription. Sharing your account, your API key, or your subscription with anyone else, or operating multiple Wafer Pass accounts as the same person, is not permitted.
- Concurrency limit. Wafer Pass enforces a per-account concurrency limit of 3 in-flight inference requests at any given time. Requests beyond this limit may be queued or rejected until earlier requests complete.
- No reselling or pooling. You may not resell access to your Wafer Pass account, proxy it for third parties, or pool a single subscription across a team or organization. Teams and organizations should contact us at emilio@wafer.ai about a dedicated or enterprise plan.
- No abuse, illegal, or harmful use. You may not use the Service to violate the law; to generate content that exploits or sexualizes minors; to send unlawful spam, malware, or attacks; to impersonate others in a way designed to deceive; or to attempt to disrupt, reverse engineer, or circumvent security or rate-limiting measures.
- No competing-model training. You may not use outputs from the Service to train, fine-tune, or develop a competing inference or model-hosting service.
4. Enforcement
If we detect that an account is being shared, used by more than one person, used to circumvent the concurrency limit, or otherwise operated in violation of Section 3, we reserve the right, at our sole discretion, to throttle, rate limit, suspend, terminate, or ban the account, with or without notice. We may use account, billing, request metadata, and network signals to investigate suspected violations.
Where an account is suspended or terminated for violation of Section 3, fees already paid for the current billing period are non-refundable and we may decline to provide further service or accept new subscriptions from the same person, payment method, or organization.
5. Your Content; Models We Serve
You retain ownership of the prompts you send and the completions you receive. You grant Wafer a limited license to process your prompts and completions solely as needed to operate, secure, and bill the Service, as described in our Privacy Policy.
The open-source models we serve are owned by their respective creators and licensed under their own terms. Your use of model outputs must comply with the upstream model license. Outputs from large language models can be inaccurate, incomplete, or offensive; you are responsible for evaluating outputs before relying on them.
6. Service Availability and Changes
We aim for high availability but do not promise that the Service will be uninterrupted, error-free, or available at any specific speed. We may add, remove, or change models, quotas, rate limits, supported endpoints, or other features at any time. For changes that materially reduce a paid feature of your existing subscription, we will provide reasonable advance notice.
7. Disclaimers
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Wafer disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that model outputs are accurate, safe, or fit for any particular use.
8. Limitation of Liability
To the maximum extent permitted by law, Wafer and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising out of or related to your use of the Service. Our total aggregate liability for all claims arising out of or relating to these Terms or the Service is limited to the amount you paid Wafer for the Service in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars (USD $100), whichever is greater.
9. Indemnification
You agree to indemnify and hold Wafer harmless from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Service in violation of these Terms or applicable law, or out of content you submit to or generate through the Service.
10. Changes to These Terms
We may update these Terms from time to time. The current version will always be posted at wafer.ai/terms with an updated “Last updated” date. For material changes that affect your rights or your existing subscription, we will give reasonable notice (e.g., by email or an in-product banner) before the change takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.
11. Governing Law and Disputes
These Terms, and any dispute or claim arising out of or relating to them or to your use of the Service, are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The state and federal courts located in Delaware will have exclusive jurisdiction over any such dispute, and you and Wafer each consent to the personal jurisdiction of those courts and waive any objection to venue there. Nothing in this Section limits either party's right to seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.
12. Contact
Questions about these Terms, or formal legal notices, can be sent to: