Terms of Service

Last Updated: August 9, 2025

Welcome to HummingBytes! These Terms of Service ("Terms") govern your use of our AI model fine-tuning platform and services ("Services"), operated by HummingBytes, LLC. By using our Services, you agree to these Terms.

1. Accounts and Age Requirements

You must be at least 18 years old to use our Services. You are responsible for keeping your account credentials secure and for all activities that occur under your account.

2. Content Ownership

• Your Content: You own all the data, images, and other content you upload to the Service ("Your Content"). We do not claim any rights to it. You grant us a limited license solely to use Your Content to provide and improve our Services for you.
• Generated Content: You own the fine-tuned models and the content you generate using them ("Generated Content"), subject to your compliance with any third-party model licenses (see Section 4). We assign to you any rights we might have in the Generated Content.
• Our Content: We own the platform, our branding, and all related intellectual property. You may not copy or reverse engineer our Services.

3. Acceptable Use Policy

You agree not to use the Services to create, upload, or share any content that:

• Is illegal, harmful (e.g., malware, phishing), hateful, or discriminatory.
• Violates someone's privacy, intellectual property, or other rights. This includes training models on copyrighted data without a proper license.
• Involves the exploitation or harm of minors. Nudity and sexually explicit content are strictly prohibited.
• Is deceptive or fraudulent, such as creating non-consensual deepfakes, misinformation, or impersonating individuals without their explicit consent.
• Attempts to discover the source code or underlying components of our models or systems.

4. Model Licenses

The AI models available on our platform (like Flux, Llama, Qwen) are provided by third parties and are subject to their own licenses. You are solely responsible for understanding and complying with these licenses, especially any restrictions on commercial use.

5. Subscriptions, Payments, and Refunds

Subscriptions: If you purchase a subscription plan, it will automatically renew at the end of each billing cycle (e.g., monthly). You authorize us to charge your payment method for the renewal. You can cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing period.

Payments and Refunds: Our pay-as-you-go Services are billed based on your usage. All payments are governed by our Refund Policy, which outlines the specific conditions under which a refund may be considered. Any free credits or trials have no cash value and are non-refundable.

6. Data Retention and Account Cancellation

Active Subscribers: As long as you maintain an active subscription, all your generated content is stored indefinitely with unlimited storage.

After Cancellation: When your subscription ends or is cancelled:

• Generated images and videos are retained for 30 days, giving you time to download your content. After 30 days, they are permanently deleted.
• LoRA models (which require significant credits to train) are retained for 90 days after subscription ends, giving you extra time to reactivate and recover these valuable assets.

We will send email reminders before any data deletion. You can export your data at any time through your account settings while your subscription is active or during the retention period.

7. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES. WE DO NOT GUARANTEE THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS.

THE PLATFORM IS NOT INTENDED FOR HIGH-RISK ACTIVITIES (e.g., medical, autonomous vehicles) WHERE FAILURE COULD LEAD TO SERIOUS HARM.

TO THE FULLEST EXTENT PERMITTED BY LAW, HUMMINGBYTES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

8. Indemnification

You agree to indemnify and hold harmless HummingBytes, LLC from any claims, damages, or expenses arising from your use of the Services, your content, or your violation of these Terms.

9. DMCA (Copyright) Policy

We respect copyright. If you believe your work has been infringed, please send a DMCA notice to our designated agent with all required information. We reserve the right to terminate the accounts of repeat infringers.

10. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A JURY TRIAL. You can opt out of this arbitration agreement within 30 days of creating your account by emailing us at [email protected].

11. Termination

You may terminate your account at any time. We reserve the right to suspend or terminate your account if you violate these Terms. For minor violations, we will provide notice and an opportunity to remedy the issue where appropriate. For severe violations (such as illegal activities or content), termination may be immediate and without notice.

12. General Terms

We may update these Terms by notifying you 30 days in advance. Your continued use of the Services after the changes take effect means you agree to the new Terms. These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and HummingBytes, LLC.

13. Contact

For questions about these Terms, please contact us at [email protected].