These Terms of Service ("Terms") govern access to and use of the websites and services operated under the heabsy.com domain, including the Heabsy Platform — an API service providing access to AI model inference ("the Service"). The Service is operated by FEYA, s.r.o., Pekná cesta 19, 831 52 Bratislava-Rača, Slovak Republic, IČO 47 887 541, DIČ 2024136169, IČ DPH SK2024136169, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No. 100404/B ("Heabsy", "we"). By creating an account, using an API key, or accessing the Service, you ("Customer", "you") agree to these Terms.
1. Business-to-business service
The Heabsy Platform is offered only to businesses, sole traders, and other professionals acting in the course of their trade or profession, and not to consumers. By using the Service you confirm you are acting in a business capacity and are at least 18 years old. These Terms are our standard business terms within the meaning of § 273 of the Slovak Commercial Code; unusual clauses (in particular the limitation of liability, indemnity, and suspension provisions) are highlighted by their headings and you confirm you have had the opportunity to review them.
2. The Service
Heabsy Platform provides programmatic access to large language models over an OpenAI-compatible API, together with a management console for keys, usage and billing. Models marked as served on Heabsy infrastructure are run on inference capacity provisioned in data centres within the European Economic Area. Some models may be fulfilled through third-party inference providers; where that is the case, it is stated in the model catalog. Individual models — particularly open-weight models — may be added, changed, or retired; we will give reasonable notice before retiring a model you actively use where practical.
3. Accounts and API keys
You are responsible for safeguarding your API keys and for all activity performed with them. Notify us immediately if you believe a key is compromised; we will revoke and reissue it. We may apply rate limits (requests and tokens per minute) to each key; requests over the limit receive HTTP 429 and may be retried.
4. Acceptable use
You agree not to use the Service, and not to permit any of your end users to use it, to:
- violate any applicable law, or infringe the intellectual-property, privacy, or other rights of others;
- generate or distribute content that is illegal in your or our jurisdiction, including child sexual abuse material (CSAM), credible threats or incitement to violence, or instructions materially enabling serious physical harm (e.g. weapons or malware);
- attempt to breach, probe, or overload the Service or its infrastructure outside of documented rate limits;
- resell or provide access to the Service in a way that conceals the identity of the end user from us where we are legally required to know it, or that circumvents these Terms;
- use the Service to gather information about our infrastructure, suppliers or pricing for a competing service, or send artificial traffic designed to slow the Service down or distort how it ranks on third-party platforms.
4.1 Prohibited and restricted uses under the EU AI Act
You must not use the Service, or enable any end user to use it, for practices prohibited under Article 5 of Regulation (EU) 2024/1689 (the "AI Act"), including social scoring, individual predictive policing based solely on profiling, untargeted scraping of facial images to build facial-recognition databases, emotion inference in the workplace or education, biometric categorisation to infer sensitive attributes, real-time remote biometric identification in publicly accessible spaces for law-enforcement purposes, and manipulative, deceptive, or exploitative techniques causing significant harm. Use of output in a high-risk context under the AI Act (Annex III — e.g. biometrics, critical infrastructure, education, employment or worker management, essential public or private services such as credit or insurance scoring, law enforcement, migration, or administration of justice — or as a safety component of a product regulated under Annex I, such as a medical device) is permitted only if you comply, as provider or deployer of the resulting system, with all obligations the AI Act places on you; you are solely responsible for that compliance.
5. AI Act — allocation of responsibilities
Heabsy is the provider of the Heabsy Platform AI systemand makes available, as a downstream distributor, third-party open-weight general-purpose AI (GPAI) models. Heabsy is not the provider of those underlying GPAI models within the meaning of Articles 3(3) and 53 of the AI Act, and does not train, fine-tune, or otherwise substantially modify them. As between the parties, you are the deployer — and, where you integrate the Service into your own product, the provider — of the AI system you put on the market or into use, and you carry the corresponding AI Act obligations, including any fundamental-rights impact assessment (Article 27) and the deployer transparency obligations under Article 50(1) and 50(4): to inform natural persons that they are interacting with an AI system and to disclose AI-generated or manipulated content to your end users. Where the Heabsy Platform is a generative AI system, we, as its provider, remain responsible under Article 50(2) for marking synthetic output in a machine-readable format, as far as technically feasible and in line with the state of the art; we make available such marking or detection means as we implement, and you must not remove or defeat them. You are responsible for adding any required end-user disclosure and application-level content marking in your product.
6. Pricing and billing
Prices are published per model in the Service catalog, in USD per token (or other stated unit), separately for fresh input, cached input, and output. Usage is measured by our metering, which records token counts per request; measured token counts are authoritative unless shown to be in error. Depending on your agreement, billing is prepaid or by invoice. Invoiced amounts are calculated as measured usage × published prices for the billing period, exclusive of any applicable VAT or other taxes, which are added where required by law. FEYA's VAT ID (IČ DPH) is SK2024136169; for business customers established in another EU member state, our supplies of services are treated under the reverse-charge mechanism (Article 44 of Directive 2006/112/EC) and you account for VAT in your own country, while supplies to customers outside the EU are outside the scope of Slovak VAT. Unless an order form states otherwise, invoices are payable within 14 days of the invoice date, and overdue amounts bear default interest at the statutory rate under § 369 of the Slovak Commercial Code, without prejudice to our suspension rights. You must raise any good-faith dispute about an invoice within 30 days of its date; undisputed amounts remain payable. Prices may change with effect for future usage; changes are published in the catalog.
7. Model output
Output is generated by machine-learning models and may be inaccurate, incomplete, or unsuitable for your purpose, and may in some cases resemble or reproduce third-party material. You are responsible for reviewing output before relying on it or distributing it, and for any Article 50 disclosure to your end users. We make no warranty as to the correctness, fitness, or non-infringement of model output. As between you and us, and to the extent permitted by the applicable model licence, you own your inputs and the output generated for you. Use of a given model is additionally subject to that model's licence (open-model licences are referenced in the catalog).
8. Data
For models served on Heabsy infrastructure we do not use your prompts or completions to train models and do not store their contents beyond the in-memory processing needed to serve the request: our records retain token counts and request metadata, not content. Models fulfilled by third-party providers are governed by their own data policies, as described in our Privacy Policy. Where you process personal data through the Service, our Data Processing Addendum (GDPR Art. 28) applies and forms part of these Terms.
9. Your obligations and indemnity
You represent that your use of the Service, your inputs, and your and your end users' use of the output comply with these Terms and applicable law. You will defend, indemnify, and hold harmless Heabsy and its personnel against any third-party claim, and any resulting loss, damage, penalty, or reasonable cost (including legal fees), arising from (a) your breach of these Terms or of law, (b) your inputs or your use or distribution of output, (c) claims by or relating to your end users, or (d) infringement of third-party rights through your use of the Service. Where you provide access to the Service to end users, you do so as principal, you remain responsible for their acts and omissions as if they were your own, and you must bind them to terms at least as protective of Heabsy as these Terms. We will notify you of any claim, allow you to control the defence with counsel reasonable to us, and cooperate at your expense; you may not settle a claim in a way that imposes any obligation or admission on Heabsy without our prior written consent, and we may participate with our own counsel.
10. Export control and sanctions
You must comply with the export-control and economic-sanctions laws that apply under the law of the Slovak Republic (including directly applicable EU regulations such as Regulation (EU) 2021/821 on dual-use items) and with sanctions of the United Nations Security Council. You represent that you, your end users, and your permitted resellers are not subject to such sanctions, are not owned or controlled, directly or indirectly, 50% or more by, or acting on behalf of, any such person, and are not located in a comprehensively sanctioned territory, and that you will not use the Service in breach of these laws. We may suspend or terminate access immediately where necessary to comply with them.
11. Availability and warranties
We aim to keep the Service continuously available but do not guarantee uninterrupted operation unless a separate service-level agreement is in place. Scheduled maintenance and capacity changes may temporarily reduce availability of specific models. To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
12. Liability
To the maximum extent permitted by law, Heabsy's aggregate liability to you arising out of or in connection with the Service is limited to the amounts you paid for the Service in the twelve months preceding the event giving rise to the claim, regardless of the theory of liability. Heabsy is not liable for indirect or consequential damages, or for loss of profit, revenue, goodwill, business, or data. This cap and this exclusion limit only Heabsy's liability to you; they do not limit your payment obligations, your indemnity under §9, or your liability for breach of §4, §7 (model licences), or §10. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under mandatory Slovak law, in particular liability for damage caused intentionally.
13. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access for material breach of these Terms, for non-payment, or where required by law, giving notice where practical. We may also decline to provide the Service to any customer, or stop providing it, at our own discretion and without giving reasons; in that case we notify you and refund any unused prepaid balance in full. We may suspend access immediately and without prior notice where continued operation would expose us or third parties to serious harm or legal risk — for example suspected CSAM, an active attack on the infrastructure, fraud, or a sanctions/export-control issue — and we are not liable for such suspension. On termination by Heabsy for your material breach, your prepaid balance is first applied against unpaid amounts and the loss and reasonable costs caused by the breach, and any remainder is refunded on request; on any other termination, prepaid balances for unused service are refunded on request, except where prohibited by law.
14. General
- Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
- Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or successor.
- Severability. If a provision is held unenforceable, the rest remains in effect and the provision is replaced by the closest enforceable meaning.
- Entire agreement. These Terms, the Privacy Policy, the DPA, and any order form or written agreement between us are the entire agreement and supersede prior understandings.
- Order of precedence. If an order form, these Terms, and the DPA conflict, a signed order form prevails, then the DPA (for the processing of personal data), then these Terms.
- No third-party beneficiaries. These Terms create no rights for your end users or any other third party.
- No waiver. Failure to enforce a provision is not a waiver of it.
- No partnership. These Terms create no agency, partnership, or employment relationship.
- Survival. Sections 6 to 13, 16, and this section survive termination or expiry to the extent required to give them effect.
15. Changes to these Terms
We may update these Terms; the current version is always published at this address with its effective date. Material changes will be announced to account holders in advance. Continued use after the effective date constitutes acceptance.
16. Governing law and disputes
These Terms are governed by the laws of the Slovak Republic, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts of the Slovak Republic (Bratislava) have jurisdiction. For customers outside the Slovak Republic, the parties may instead agree in an order form to resolve disputes by binding arbitration to support cross-border enforcement.
17. Contact
FEYA, s.r.o., Pekná cesta 19, 831 52 Bratislava-Rača, Slovak Republic. IČO: 47 887 541. Legal: legal@heabsy.com.