Terms of Service — MCLY Technology

Last updated September 2026

1. Agreement

These terms govern your access to the MCLY gateway, the MCLY API, any reserved compute capacity and the mclytechnology.com website. They form a binding agreement between you (or the organisation you represent) and MCLY TECHNOLOGY INC. By creating an account or placing an order you accept them.

2. Accounts

You are responsible for the accuracy of the information on your account, for keeping your API keys confidential, and for all activity that occurs under them. Keys must not be embedded in client-side code or shared between organisations. Notify us immediately if you believe a key has been exposed; we will rotate it and review the associated usage.

3. Acceptable use

You may not use the service to:

• violate any law applicable to you or to us, including export-control and sanctions rules;
• generate sexual content involving minors, non-consensual intimate imagery, or material that incites violence against a person or group;
• produce malware, phishing content or material intended to facilitate unauthorised access to systems;
• misrepresent AI-generated output as human-authored where disclosure is legally required;
• attempt to bypass rate limits, quotas, safety systems or authentication of the gateway or of any upstream provider;
• resell raw API access to the gateway without a written reseller agreement.

Upstream providers impose their own acceptable-use policies. Where those are stricter than ours, they apply to requests routed to that provider.

4. Orders, pricing and payment

Prices are quoted in US dollars and are exclusive of taxes, which are added where applicable. An order is confirmed when we acknowledge it and issue a reference number. Larger orders are settled by bank transfer or corporate card; card and its details are provided on request through our support channel. Access, quotas and reserved capacity are provisioned once funds clear.

We may change the rate card prospectively. Changes never apply retroactively to credit already purchased or to capacity already reserved for a paid period.

5. Credits and expiry

Token credits are consumed per request at the rate card attached to your plan, based on the upstream provider's token accounting. Credits remain on the account for the validity window stated on the plan and are non-transferable between accounts. Unused credits are handled in line with our refund policy.

6. Reserved compute

GPU reservations are monthly commitments. Instances are provided with root access and are your responsibility to secure and operate. You are responsible for the content you host and for complying with the licences of any model you deploy. We do not accept liability for models, data or software you install on reserved instances.

7. Availability

Availability targets and the credit mechanism that applies when we miss them are set out in our service level agreement. Upstream provider outages that our routing layer cannot work around are handled under the same document.

8. Suspension and termination

We may suspend access where there is a security risk, a legal obligation, or a material breach of these terms — in the case of a breach, normally after notifying you and giving a reasonable opportunity to remedy it. You may close your account at any time. On termination we delete keys and stop metering; clause 10 and any accrued payment obligations survive.

9. Intellectual property

You retain all rights to the inputs you send and, to the extent permitted by the applicable upstream provider, to the outputs you receive. We claim no licence over your content beyond what is needed to route and meter a request. We retain all rights in the gateway, our software and our marks.

10. Liability

The service is provided on a commercially reasonable basis. To the maximum extent permitted by law, our aggregate liability arising out of or relating to this agreement is limited to the fees you paid in the three months preceding the event giving rise to the claim. We are not liable for indirect, incidental or consequential loss, including lost profits, lost data or business interruption. Nothing in these terms excludes liability that cannot lawfully be excluded.

11. Governing law

These terms are governed by the laws of the State of Colorado, United States, and the state and federal courts located in Boulder County, Colorado have exclusive jurisdiction, without regard to conflict-of-law rules.

12. Contact

Questions about these terms: [email protected].