Terms of Service

Last updated: 9 March 2026

These Terms of Service ("Terms") govern your access to and use of the Classer API and related services (the "Services") provided by BrainByte, Inc., a Delaware corporation ("Company", "we", "us", or "our").

1. Acceptance of Terms

By generating an API key or using our Services, you agree to these Terms. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Intellectual Property and Data Ownership

Your Content: You retain all rights, title, and interest in the text, data, and files you submit to the API ("Inputs").

Our Classifications: Subject to your compliance with these Terms, we assign to you all right, title, and interest in the classification results generated and returned by the API ("Outputs").

Our Technology: BrainByte retains all rights, ownership, and intellectual property in the Classer API, our underlying AI models, algorithms, and infrastructure.

No Model Training on Your Data: As stated in our Privacy Policy, we do not use your Inputs or Outputs to train our foundational models.

3. Acceptable Use and Restrictions

You agree to use the Services only for lawful purposes. You are strictly prohibited from using the Classer API to:

  • Violate Laws: Engage in, promote, or facilitate any illegal activity, including but not limited to fraud, child exploitation, or copyright infringement.
  • Mass Surveillance & Biometrics: Use the API for real-time facial recognition, biometric tracking, predictive policing, or any form of unauthorized mass public surveillance or tracking.
  • Sensitive Automated Decisions: Use the API as the sole decision-maker for granting credit, housing, employment, or medical treatment without meaningful human oversight.
  • Develop Competing AI (Reverse Engineering): Use the API, Inputs, or Outputs to develop, train, fine-tune, or improve any artificial intelligence or machine learning model that competes with Classer.
  • Bypass Security: Attempt to circumvent rate limits, access the API through unauthorized means, or distribute malware.

We reserve the right to immediately suspend or terminate your API access if we believe, in our sole discretion, that you have violated this Acceptable Use policy.

4. The Nature of AI (Accuracy Disclaimer)

You acknowledge that machine learning models are probabilistic systems. The Outputs provided by the Classer API may not always be accurate, complete, or reliable. You are solely responsible for evaluating the accuracy and appropriateness of the Outputs before relying on them, especially in high-stakes environments.

5. Payment Terms

Paid plans are billed based on API request volume. You agree to provide accurate billing information and pay all fees associated with your use of the Services. We may change our pricing upon 30 days' prior written notice. Unpaid invoices may result in suspension of your API access.

6. Indemnification

You agree to defend, indemnify, and hold harmless BrainByte, Inc., its affiliates, and employees from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your Inputs or the applications you build using the API; or (c) your violation of these Terms or applicable law.

7. Limitation of Liability

To the maximum extent permitted by law, in no event shall BrainByte, Inc. be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) resulting from your use of or inability to use the Services. In no event shall our total aggregate liability exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.

9. Contact

For legal inquiries regarding these Terms, please contact us at legal@classer.ai.

Mailing Address: BrainByte, Inc., 3 Germay Dr., Unit 4 #1650, Wilmington, DE 19804, USA

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