Terms of service

SwitchGate AI ("SwitchGate," "we," "us") operates a model gateway: one OpenAI-compatible API through which you can access generative AI models offered by third-party providers ("Models"), models you serve yourself through the Model Tunnel, and related tooling such as workflows, benchmarks and the usage ledger (together, the "Service"). We may add or remove Models from the catalog at any time; providers do the same to us.

You must be at least 13 years old (or the higher minimum age required where you live - 14 in Québec for consent to certain data processing) to use the Service, and at least 18, or have a parent or guardian's permission, to purchase credits. By using the Service you confirm that you meet these requirements, that you haven't previously been removed from the Service, and that your use complies with the laws that apply to you. If you use the Service on behalf of an organization, you confirm you have authority to bind it to these terms.

Most of the Service requires an account. Keep your registration details accurate and your password to yourself; you're responsible for what happens under your account. Organizational accounts are managed by admin users, who configure what their members ("authorized users") can do - budgets, model locks, key policies, logging settings. Authorized users may only use the Service as configured by their admins.

You are responsible for the confidentiality of all API keys and other credentials, and for all activity and charges under them - including a leaked key - except to the extent caused by our own breach of these terms. That is precisely why keys support prepaid balances, budgets, model locks, IP and country restrictions, per-key rate limits and instant revocation: use them. Notify us immediately at [email protected] if you believe a credential is compromised. We may suspend or limit credentials when we reasonably believe it's necessary to protect you, the Service, or anyone else.

Credits. Using paid Models requires prepaid credits. Our fee is 4.9% (minimum $0.50) charged when you top up; model usage itself is billed at the provider's list price, passed through without markup. Applicable taxes and payment-processing fees may be added at purchase. You'll always see the total before you pay.

Credits never expire. Unlike some gateways, purchased credits remain valid until used or refunded. Unused purchased credits are refundable on request within 30 days of purchase, and any remaining purchased credits are refunded when you close your account in good standing; our top-up fee and processing fees are non-refundable. Promotional or trial credits have no cash value, are non-transferable and non-refundable, and may carry their own expiry stated when granted.

Auto-recharge. If you enable it, you authorize us to charge your chosen payment method when your balance falls below your threshold; you can change or cancel it anytime in your account.

Nature of credits. Credits are not money, legal tender, or property; they're a prepaid balance usable only within the Service, except for the refunds described above or as required by law.

Fee changes. If we change our fees we'll give you advance notice; if you don't accept the change, stop topping up - your existing balance keeps its value.

Models are provided by third parties under their own terms ("Model Terms"). By calling a Model through the Service you agree - and will ensure your authorized users and customers agree - to the Model Terms that apply to it. Providers change their terms, availability, prices and restrictions on their own schedules; we surface what we know on each model page, but you're responsible for reviewing the Model Terms that matter to your use, especially for regulated, high-risk or customer-facing applications.

Some providers restrict access from certain regions or for certain users ("restricted models"). You agree not to circumvent those restrictions - including with VPNs or proxies - and we may suspend access where we reasonably believe restrictions are being evaded or where a provider requires it. Each provider retains control over its own Model; we're not liable for a provider's suspension, degradation or removal of one, though we'll tell you what we know and our failover exists for exactly these moments.

You may submit input to Models ("Input") and receive output ("Output"). As between you and SwitchGate, you retain your rights in your Input; your rights in Output are determined by the applicable Model Terms. You grant us only the narrow license needed to operate the Service: to transmit, cache (where you've enabled caching) and process your Input and Output in order to route requests, serve responses, detect abuse, and produce your ledger.

We do not train on your data, ever. We don't log prompt or completion content in the ordinary course - the ledger stores metadata (model, token counts, latency, cost, trace ID), not content. Where a feature requires temporary storage (for example batch processing or your own opt-in caches), storage is scoped to your organization and used solely to provide that feature. Providers receive your Input under their own terms; where a provider offers a no-training option, we take it, and we label each model's data practices in the catalog.

You're responsible for your Inputs: you confirm you have the rights needed to submit them and that they don't violate law or anyone's rights. We may refuse or remove content that breaks these terms, but we have no obligation to monitor it and disclaim liability for user content.

You agree not to: use the Service illegally or in violation of Model Terms; misrepresent your identity or create multiple accounts to evade limits; resell raw API access to Models or build a competing aggregation service on our infrastructure (publishing your own models through the upcoming marketplace program is the sanctioned way to sell access); scrape the Site or circumvent anti-scraping measures; infringe anyone's rights; interfere with security features; probe, jailbreak or prompt-inject Models ("red teaming") without our prior written approval; distribute malware; disrupt the Service or its users; commit fraud; or help anyone else do any of the above.

Adversarial testing violates many Model Terms, so we allow it only for legitimate research with prior written approval. Email [email protected] with your scope and method; we typically respond within five business days. Unauthorized red teaming is flagged by our monitoring and by providers', and usually ends with providers terminating access - something we cannot undo for you.

You can close your account anytime by contacting us; you remain responsible for charges already incurred, and we refund remaining purchased credits as described in Section 4. We may suspend or terminate accounts that violate these terms (in which case remaining credits are forfeited to the extent permitted by law), and may modify or discontinue the Service; if we discontinue it entirely, we'll refund remaining purchased credits.

Our privacy policy explains what we collect and why, and forms part of these terms. Organizations processing personal data through the Service can request our data processing agreement (DPA) for signature; enterprise agreements may add residency and no-logging commitments.

If we materially change these terms we'll give you at least 30 days' notice by email or in-product notification; continued use after notice means acceptance. Non-material changes take effect when posted. Disputes are resolved under the version in effect when the dispute arose.

The Service - its interfaces, code, design, documentation and data other than your content - belongs to SwitchGate and its licensors. If you send us feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or obligation.

Each party will protect the other's non-public information disclosed in connection with the Service with at least reasonable care, use it only for purposes of the Service, and limit access to people who need it and are bound to confidentiality. Compelled disclosures are permitted with notice where legally allowed. Feedback isn't confidential.

You'll defend and indemnify SwitchGate and its officers, employees and agents against claims and costs (including reasonable legal fees) arising from your use of the Service, your violation of these terms or of anyone's rights, or disputes between you and third parties, except to the extent caused by our own breach.

THE SERVICE AND ALL MODELS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE OR ANY MODEL WILL BE UNINTERRUPTED, ERROR-FREE OR SUITABLE FOR YOUR PURPOSE, AND WE MAKE NO WARRANTY ABOUT ANY PROVIDER'S DATA HANDLING, AVAILABILITY OR PRACTICES. MODEL OUTPUT CAN BE WRONG; YOU ARE RESPONSIBLE FOR EVALUATING IT AND FOR APPROPRIATE HUMAN REVIEW BEFORE RELYING ON IT, ESPECIALLY IN REGULATED, SAFETY-CRITICAL OR CUSTOMER-FACING USES. SOME JURISDICTIONS (INCLUDING QUÉBEC, FOR CONSUMERS) LIMIT WARRANTY DISCLAIMERS; WHERE THEY DO, YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWITCHGATE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, GOODWILL OR DATA. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US (OUR FEES) IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) $100 CAD. THESE LIMITS ALLOCATE RISK BETWEEN US AND ARE PART OF THE BARGAIN; THEY DO NOT APPLY WHERE PROHIBITED, INCLUDING TO LIABILITY THAT CANNOT BE LIMITED UNDER QUÉBEC CONSUMER PROTECTION LAW.

These terms are governed by the laws of Québec and the federal laws of Canada applicable in it. Before formal proceedings, contact us - most disputes are a mislabeled ledger line. Otherwise, disputes will be resolved by binding arbitration administered by the ADR Institute of Canada in Montréal, in English or French at your choice, on an individual basis: no class or representative proceedings, to the extent such waiver is enforceable where you live. Either party may instead bring an individual claim in small-claims court, seek injunctive relief for IP or security matters, or exercise non-waivable consumer rights (Québec consumers retain recourse to their local courts where the law says so).

These terms (with the privacy policy and any signed agreements) are the entire agreement about the Service. You may not assign them without our consent; we may assign them in connection with a reorganization or sale. Our failure to enforce a provision isn't a waiver. If a part is unenforceable, the rest stands. Providers are intended beneficiaries of the sections about Model Terms and your content, to the extent those sections concern their Models. Sections that by nature should survive termination do.

Contact. SwitchGate AI, Mile End, Montréal, Québec, Canada · [email protected].