Terms of Service

By registering for an account, generating an API key, sending inference traffic to our gateway endpoints, or otherwise accessing the Services, you agree to be bound by these Terms, along with our Privacy Policy, and, where applicable, our Data Processing Addendum (DPA).

If you access or use the Services on behalf of a company, partnership, university, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms. You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account and access the Services.

Fusion provides an edge-native, OpenAI-compatible AI gateway and intelligent inference routing layer. Key functions include:

• Protocol Translation & Standardized APIs: Unified routing for chat completions, embeddings, vision preprocessing, reasoning parameters, and token streaming.
• Edge Prompt Caching & Acceleration: Smart prefix caching, cache replay, and latency optimization across a globally distributed edge network.
• Multi-Provider Load Balancing & Failover: Automated model routing across verified upstream providers, specialized compute clusters, and decentralized nodes.
• Usage Metering & Quota Governance: Real-time token metering, rate-limiting, wallet balance tracking, and concurrency safeguards.

Fusion acts as an intermediary routing infrastructure. We do not host or own the proprietary foundation weights of third-party closed models, and we pass through inference requests in accordance with your API configurations.

To utilize the Services, you must maintain an active account and generate API keys. You are solely responsible for:

• Safeguarding the confidentiality and security of all API keys, passkeys, and credentials issued to your account.
• Restricting access to your API keys and preventing their exposure in public source code repositories, client-side browsers, or unsecured mobile applications.
• All actions, requests, and billed token consumption incurred under your credentials, whether authorized by you or resulting from compromised secrets.

You must notify us immediately at security@fusioncode.app if you discover or suspect any unauthorized use of your keys or account breach.

"Customer Content" includes all prompts, system messages, documents, images, embeddings, configuration parameters, and software code transmitted by you or your end-users to the Services ("Inputs").

You retain all right, title, and interest in your Inputs. You grant Fusion a strictly limited, non-exclusive, worldwide, royalty-free license to transmit, process, and route your Inputs solely as technically required to deliver the Services, generate completions, and perform edge caching in accordance with your settings.

You represent and warrant that you possess all necessary rights, licenses, and permissions to submit your Inputs and that your Inputs do not infringe any third-party intellectual property, trade secret, privacy, or publicity rights.

"Outputs" refers to tokens, text completions, generated code, tool calls, reasoning traces, and embeddings returned by models via the Services.

Ownership of Output: As between you and Fusion, to the maximum extent permitted by applicable law, you own all rights, title, and interest in and to the Outputs generated from your Inputs. Due to the nature of AI models, Outputs generated for other customers using identical or similar inputs may be identical or substantially similar, and such identical responses do not constitute your exclusive property.

You agree not to use the Services to:

• Engage in, facilitate, or promote illegal activities, child exploitation, violence, terrorism, self-harm, hate speech, or non-consensual biometric surveillance.
• Generate, deploy, or distribute malware, ransomware, exploits, phishing campaigns, or weaponized cyberattack payloads.
• Attempt to bypass, disable, reverse engineer, or tamper with gateway rate limiters, token metering, authentication filters, or security mechanisms.
• Conduct distributed denial-of-service (DDoS) attacks, stress testing, or abusive scraping against our edge infrastructure without prior written consent.
• Resell, lease, sublicense, or redistribute API access in violation of export control regulations or upstream provider terms.
• Deploy the Services in safety-critical applications (such as medical life-support, nuclear control systems, aircraft avionics, or critical infrastructure control) where failure could lead to death, personal injury, or catastrophic physical destruction.

Inference is billed based on real-time token consumption (fresh prompt tokens, cached prompt tokens, reasoning tokens, and completion output tokens) at the prevailing rates published on our Models & Pricing Directory.

• Prepaid Balance: Pay-as-you-go usage is deducted from your prepaid wallet balance. If your balance drops to zero or below, API requests will be automatically suspended until additional funds are deposited.
• Refund Policy: Except as required by mandatory consumer protection laws, prepaid credits, top-ups, and subscription fees are non-refundable. Unused wallet balances do not expire as long as your account remains in good standing.
• Taxes: All listed fees are exclusive of applicable value-added taxes (VAT), sales taxes, or duties, which will be calculated and added during checkout where applicable.

We strive to maintain a 99.9% target monthly uptime across our global gateway routing tier. However, we do not warrant that the Services will be completely uninterrupted, timely, secure, or error-free.

Fusion reserves the right to introduce enhancements, update model checkpoints, modify routing algorithms, deprecate outdated model identifiers, or conduct scheduled system maintenance. We will provide reasonable advance notice on our Status Page for significant maintenance or permanent model deprecations.

When you send requests to specific models (e.g., DeepSeek, MiniMax, Moonshot/Kimi, OpenAI, Anthropic), Fusion securely routes your request to vetted upstream inference providers and compute nodes. Your use of specific upstream models is subject to the respective terms and safety policies of those providers, as detailed in our Subprocessors Registry.

Fusion is not liable for upstream service degradation, provider outages, token price shifts originating from foundation labs, or upstream content moderation rejections.

Your privacy is paramount. Fusion adheres to a verifiable Zero Data Retention (ZDR) architecture:

• No Prompt or Output Logging: We do not store, persist, or retain the raw text of your prompts, context windows, system messages, or model outputs in our persistent application databases.
• No LLM Training: Neither Fusion nor our direct hosting infrastructure trains public or foundation AI models on your proprietary data or code.
• Encrypted In-Transit: All data transmitted to and from our gateway is encrypted using modern TLS 1.3 cryptographic standards.

For full details on technical safeguards and data handling, review our Privacy Policy and Data Processing Addendum.

Fusion retains all right, title, and interest in and to the Services, including all software, source code, SDKs, edge routing infrastructure, algorithms, trademarks, and documentation.

If you submit suggestions, feature requests, bug reports, or other feedback regarding the Services, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize such feedback without obligation or compensation to you.

You may terminate your account at any time by ceasing all use of the Services and deleting your account from the developer dashboard.

We may suspend or terminate your access to the Services immediately, with or without prior notice, if:

• You breach any provision of these Terms or the AUP;
• Your account poses a critical security risk to our infrastructure or other users;
• We are required to do so by applicable law, court order, or regulatory authority; or
• Your account has a delinquent or unpaid balance.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, APIS, DOCUMENTATION, AND ALL MODEL OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FUSION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

FUSION DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT OR MODEL OUTPUTS WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR APPLICATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUSION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, WORK STOPPAGE, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

IN NO EVENT SHALL FUSION'S AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO FUSION UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless Fusion and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your Inputs, Customer Content, or applications built with the Services;
• Your violation of these Terms or the Acceptable Use Policy;
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights; or
• Your or your end-users' deployment and reliance upon AI Outputs.

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any conflict of laws principles.

Informal Negotiation: Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve any dispute informally for at least thirty (30) days by providing written notice to legal@fusioncode.app.

Class Action Waiver: YOU AND FUSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

We may amend these Terms periodically. If a revision is material, we will provide at least fifteen (15) days' advance notice prior to any new terms taking effect, via email or through the developer dashboard. By continuing to access or use the Services after revisions become effective, you agree to be bound by the updated Terms.

These Terms, together with the Privacy Policy and applicable DPA, constitute the entire agreement between you and Fusion concerning the Services. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.

If you have any questions or notices regarding these Terms, contact us: