Terms of service

You must be at least 18 years old, or the age of legal majority where you live, to use the Services. You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction. By using the Services you represent that you meet these requirements.

You need an account to use most of the Services. You agree to give us accurate and current information, and to keep it up to date.

• You are responsible for everything that happens under your account and for keeping your credentials and API keys confidential. An API key authenticates and bills as you — treat it like a password, do not commit it to source control, and do not ship it in client-side code.
• We store only a hash of each key plus a short display prefix. A key is shown to you once when it is created and cannot be recovered afterwards. You can revoke a key at any time in the console.
• Tell us at once, at founders@withhopper.com, if you believe your account or a key has been compromised or used without your authorisation. Usage incurred before you tell us remains your responsibility.
• If we have previously terminated your account for breach of these Terms, you may not create another without our written consent.

How billing works

• The Services are billed with prepaid credits. New accounts receive a starting credit grant. You buy further credits through the console, and usage is metered against your balance at the prices published in our documentation and console at the time of use.
• Credits are a limited, prepaid right to use the Services. They are not money, a deposit, or stored value, and they create no fiduciary or custodial relationship. They may not be transferred, sold or assigned.
• You may enable automatic top-ups, in which case you authorise us to charge your saved payment method when your balance falls below the threshold you set. You can turn this off at any time in the console.
• When your balance reaches zero, requests are declined until you add credits.
• Free and purchased credits carry the same rights. We place no restriction on using the Services commercially.

Expiry, refunds and pricing

• Unless we state otherwise at the time, credits expire twelve (12) months after the date they are purchased or granted. Expired credits are removed from your balance and cannot be reinstated.
• Except where required by law, credit purchases are final and non-refundable, including for unused, partially used or expired credits, and including on suspension or termination of your account.
• We may change our prices. Price changes apply to usage occurring after they take effect. Credits you have already bought keep their dollar value, but at higher prices they will buy proportionally less usage. Continuing to use the Services after a price change means you accept it.
• Amounts are in US dollars and exclude taxes. You are responsible for any taxes due on your purchases other than taxes on our income.

Payment processing

Payments are handled by our third-party payment processor, Stripe. You provide your card details directly to Stripe, and your use of its service is subject to Stripe’s own terms and privacy policy. We are not responsible if your card issuer declines a payment. If a payment is reversed or charged back, we may suspend your account and recover the amount owed.

You are responsible for what you send to the Services and what you do with what comes back. You may not, and may not allow anyone else to:

• Break the law, infringe anyone’s intellectual property, privacy or publicity rights, or violate any applicable regulation or third-party contract.
• Generate or distribute content that is unlawful, defamatory, harassing, hateful, deceptive, or that sexualises or endangers minors.
• Use a person’s voice, likeness or identity without their permission, or generate audio that impersonates a real person in a way intended to deceive. This includes synthetic audio of public figures, political candidates and the deceased.
• Submit protected health information, payment card data, government identifiers, or other regulated sensitive data unless we have agreed in writing to receive it.
• Attempt to gain unauthorised access to the Services, other accounts, or our systems; probe, scan or test our security; or interfere with, overburden or disrupt the Services.
• Reverse engineer, decompile or attempt to extract the weights, architecture or source of any model or software we run, or use the Services to build a competing inference product.
• Resell, sublicense or provide the Services to third parties as your own without our written permission.
• Circumvent rate limits, metering, credit balances or any other technical restriction, including by creating multiple accounts to obtain additional free credits.
• Misrepresent your identity or your affiliation with Hopper.

We may investigate suspected breaches and take any action we consider appropriate, including limiting, suspending or terminating access.

“Input” means what you send to the Services — prompts, audio, text and other content. “Output” means what the models return. Together they are “Your Content”.

• You keep your rights. As between you and Hopper, you retain all rights in your Input, and we do not claim ownership of your Output.
• The licence you give us is narrow. You grant us only the rights needed to operate the Services for you: to receive, transmit, process and return Your Content, including passing it to the infrastructure and model providers that serve your request. This licence ends when we stop processing that request.
• You need the rights to what you send. You represent that you have all permissions necessary for us to process Your Content, including for any voice or personal information contained in it.
• Output may not be unique. Because of how these models work, others may receive output that is the same as or similar to yours, and we make no representation that Output is original, accurate or protectable.
• You are responsible for what you do with Output. Evaluate it before relying on it. Do not use it for decisions with legal, medical, financial or safety consequences without meaningful human review.

We may use aggregated and de-identified metering data — request counts, token and audio volumes, latency and error rates — to operate, secure, capacity-plan and publish performance statistics about the Services. This covers measurements about your requests, never their content.

Hopper serves open models built by third parties. Each is published under its own licence and acceptable-use terms, set by whoever published it. Those terms apply to your use of that model in addition to these Terms. We identify the applicable licence for each model on our models page, and you are responsible for complying with it.

Models are probabilistic and can be wrong, biased or inconsistent. We may add, change, retire or replace models, and change their versions or default parameters, at any time. Where a change is significant we will make reasonable efforts to give notice.

We may make features available as alpha, beta or preview. Using them is voluntary. They are provided as-is, may be unstable or produce incorrect results, may change or be withdrawn without notice, and are excluded from any commitment we make elsewhere. Do not depend on them in production.

The Services, including their software, design, text, graphics and documentation, and all intellectual property rights in them, belong to Hopper or our licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services. All rights not expressly granted are reserved.

“Hopper”, our logo and our product names are our trademarks. You may not use them without our prior written permission. Other names and logos appearing on the Services belong to their respective owners, and their appearance does not imply endorsement.

If you send us feedback, ideas or suggestions, we may use them for any purpose without obligation or compensation to you, and you assign us any rights you have in them.

The Services depend on and interoperate with third-party products, including cloud hosting, payment processing, authentication, and compute and model providers. Those services are outside our control, and their availability affects ours. We are not responsible for third-party services, content or websites linked from or used by the Services, and your dealings with those third parties are between you and them.

You may stop using the Services and close your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms, if your use creates risk or legal exposure for us or others, if payment fails, or if we discontinue the Services.

On termination, your licence to use the Services ends and any remaining credits are forfeited without refund, except where the law requires otherwise. We handle data associated with your account, and any deletion request, as described in our Privacy Policy. Provisions that by their nature should survive termination will survive, including Sections 3, 5, 8, 12, 13, 14, 16 and 19.

If we become aware of a security incident that affects your account or your data, we will notify you without undue delay at the email address on your account, and tell you what we know and what we are doing about it.

Notices to you may be sent to your account email address or posted in the Services, and are effective when sent or posted. Notices to us must go to founders@withhopper.com.

Your use of the Services is at your own risk. To the fullest extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Unless you have a separate written agreement with us that says otherwise, we do not offer a service level agreement or an uptime commitment, and the free demos on our website are provided for evaluation only and may be changed or withdrawn at any time.

We do not warrant that the Services will be uninterrupted, secure, timely or error-free; that Output will be accurate, complete or suitable for your purpose; that the Services will meet your requirements or work with any particular system; or that defects will be corrected. We are not responsible for any failure to transmit Your Content.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

To the fullest extent permitted by law, Hopper and its officers, directors, employees, agents and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or business interruption, arising out of or relating to these Terms or the Services, under any theory of liability, even if we have been advised of the possibility of such damages.

Our total liability for all claims relating to these Terms or the Services will not exceed the greater of (a) the amount you paid us for the Services in the twelve (12) months before the event giving rise to the claim, and (b) one hundred US dollars ($100).

These limits apply even if a remedy fails of its essential purpose, and are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

You will defend, indemnify and hold harmless Hopper and its officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising out of or relating to your use of the Services, Your Content, your breach of these Terms or of any law, or your violation of the rights of any third party. We may assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with us.

If you believe material on the Services infringes your copyright, send a notice to founders@withhopper.com that includes: identification of the copyrighted work; identification of the material claimed to be infringing and where it is located; your contact details; a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent or the law; a statement that the information is accurate and, under penalty of perjury, that you are authorised to act for the owner; and your physical or electronic signature. We may terminate the accounts of repeat infringers.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at founders@withhopper.com and allowing us thirty (30) days to respond. If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in the State of Delaware, and we each consent to the jurisdiction and venue of those courts.

You must comply with all applicable export control and sanctions laws. You represent that you are not located in, and are not a national or resident of, a country or territory subject to comprehensive US sanctions, and that you do not appear on any US government list of restricted parties.

We may update these Terms. When we do, we will update the “Last revised” date at the top of this page, and we will make reasonable efforts to notify you of material changes, such as by email or a notice in the Services. Changes take effect when posted unless we say otherwise. Continuing to use the Services after that means you accept the updated Terms. If you do not accept them, stop using the Services.

These Terms, together with our Privacy Policy and any written agreement we sign with you, are the entire agreement between us regarding the Services and supersede any prior understandings. If any provision is held unenforceable, it will be limited or severed and the rest will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them, including in connection with a merger, acquisition or sale of assets. Nothing in these Terms creates a partnership, agency or employment relationship, or gives rights to any third party. Section headings are for convenience only. We are not liable for failures caused by events beyond our reasonable control.

Hopper Inference, Inc. is a Delaware corporation based in San Francisco, California. Questions about these Terms, or about the Services, go to founders@withhopper.com.