Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Brokyl LTD. ("Brokyl", "we", "us") governing your access to and use of the Brokyl platform, APIs, dashboards, documentation, websites, and any related services (collectively, the "Service"). By creating an account, clicking "Initialize", or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

You may use the Service only if you are at least 18 years old and legally able to enter into contracts. If you are using the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and in that case "you" refers to that entity. We may update these Terms from time to time; material changes will be indicated by updating the effective date above and, where appropriate, additional notice. Your continued use of the Service after any change constitutes acceptance of the updated Terms, so please review them periodically. If you do not agree, you must stop using the Service.

Subject to your continued compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Brokyl API, dashboards, and related SDKs solely for deploying, operating, and monitoring your own machine learning models and workflows, as described in our documentation. You are responsible for all activity that occurs using your account credentials, API keys, and access tokens, and you must keep them confidential and secure.

You agree not to (a) exceed any documented or communicated rate limits or quotas; (b) attempt to bypass or interfere with any security, authentication, or usage controls; (c) probe, scan, or test the vulnerability of the Service without our prior written consent; (d) use the Service to process unlawful content or for any activity that violates applicable law (including data protection and export control laws); or (e) use the Service for life-critical or high-risk activities where failure could lead to death, personal injury, or severe environmental or property damage. We may throttle, suspend, or terminate access that, in our reasonable judgment, degrades platform stability or violates these Terms.

You retain all right, title, and interest in and to the machine learning models, datasets, prompts, configuration files, and other materials you deploy or submit through the Service ("User Content"), subject to the limited license you grant us below. You are solely responsible for User Content, including ensuring that you have all necessary rights, permissions, and consents to use it with the Service and to grant the licenses in these Terms, and for complying with all laws that apply to your content and your end users.

You grant Brokyl a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, execute, and display User Content solely as necessary to provide, maintain, secure, and improve the Service, to prevent or address service, security, or technical issues, and to comply with law. We do not use your models or data to train our own machine learning models. We may collect and use aggregated or de-identified metrics and telemetry (such as request volumes, error rates, and performance statistics) that do not reasonably identify you or your end users, to operate and improve the Service and for analytics and benchmarking.

We may suspend or terminate your access to some or all of the Service, or remove or disable access to any User Content, at any time if we reasonably believe that (a) you have breached these Terms; (b) your use of the Service poses a security risk, may cause harm or liability to us, the Service, or others, or may disrupt the integrity or performance of the Service; (c) you fail to pay fees when due; or (d) we are required to do so by law or by a governmental or regulatory authority.

You may stop using the Service at any time. Upon any termination, your license to use the Service ends immediately and you must cease all use of the Service and any related credentials. We may retain backups, logs, and other records for a period consistent with our internal retention policies and legal obligations. Sections that by their nature should survive termination (including those relating to ownership, confidentiality, disclaimers, limitations of liability, indemnification, and governing law) will continue to apply.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROKYL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BROKYL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED (100) POUNDS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You agree to indemnify, defend, and hold harmless Brokyl and its affiliates, officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your User Content, or your violation of these Terms or applicable law. Third-party services used with the Service (including but not limited to Supabase, Stripe, GitHub, and any cloud providers) are provided by the relevant third parties, and we are not responsible for their acts or omissions. To the extent any limitation of liability or exclusion of damages is not permitted by law in your jurisdiction, our liability will be limited to the minimum extent required by law.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of Scotland, without regard to conflict-of-law principles. You and Brokyl agree that the courts of Edinburgh, Scotland will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Service, except where applicable law gives you the right to bring claims in another jurisdiction.