Terms of Service

Policy date: October 2026

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a binding agreement between you, either individually or on behalf of an organization ("you"), and NEXTBIT 256, S.L. ("Nextbit", "we", "us", or "our"), governing your access to and use of the Nextbit online platform (the "Platform"), which includes all associated media formats, mobile applications, and digital environments connected to it.

Through the Platform, users can access and manage various Services offered by Nextbit, including AI model inference via API (collectively, the "Services").

By accessing the Platform or using any of the Services, you acknowledge that you have read, understood, and agree to abide by these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND/OR THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Any additional guidelines or policies published on the Platform from time to time are incorporated into these Terms by reference. We may modify these Terms at our discretion and will update the "Last updated" date accordingly. Continued use of the Platform constitutes acceptance of any changes, so please review the Terms regularly.

Use of the Platform may be restricted or subject to legal requirements in certain jurisdictions. Accessing the Platform from outside your local jurisdiction is done voluntarily, and you are responsible for complying with applicable local laws.

If your use case is subject to specific regulatory requirements, please contact us at [email protected] before using the Services so we can assess whether and how we can accommodate your needs.

Only individuals aged 18 or older may register for or use the Platform and its Services. Users under the age of 18 are not permitted to access the Platform.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the Platform and the Services are proprietary to Nextbit. All source code, software, database structures, site design, graphics, text, audio, and video content (collectively, the "Content"), and any trademarks or logos displayed on the Platform (the "Marks"), are owned by us or licensed to us.

The Content and Marks are made available on the Platform solely for informational and personal use. Except as expressly authorized in these Terms, you may not copy, reproduce, modify, distribute, or commercially exploit any part of the Platform, the Services, or the Content without our prior written consent.

If you are eligible to use the Platform, you are granted a limited, non-transferable license to access and use it, and to download or print portions of the Content you are legally authorized to access. All rights not expressly granted are reserved.

3. USER REPRESENTATIONS

By accessing the Platform or using our Services, you represent and confirm that:

The registration data you submit is truthful, complete, and current.
You will update your information promptly to maintain its accuracy.
You are legally capable and agree to be bound by these Terms.
You are not underage according to your jurisdiction's laws.
You will not use the Platform or Services through automated or non-human means.
You will not use the Platform for any illicit or unauthorized activity.
Your use of the Platform and Services will comply with all applicable laws.
You will not use the Platform or Services to process, transmit, or store any content that infringes third-party intellectual property rights, including content protected by copyright, trademark, patent, or any other proprietary right, without holding the necessary licenses or authorizations. You represent that you have obtained all rights, licenses, and permissions required for any content you submit or use through the Services.

In the event that your use of the Platform or Services results in any claim, demand, action, or proceeding brought against Nextbit by any third party — including claims arising from infringement of intellectual property rights, violation of applicable law, or unauthorized use of third-party content — you shall indemnify, defend, and hold harmless Nextbit and its officers, directors, employees, and agents from and against any and all losses, damages, liabilities, and costs (including reasonable legal fees) arising from or related to such claims. This indemnification obligation applies with particular force to: (i) any regulatory investigation, fine, or sanction imposed by a data protection authority (including the AEPD) or an AI supervisory authority (including AESIA) arising from your processing of personal data through the Services, your transmission of Special Categories of Personal Data in violation of Section 8.1(a), or your deployment of AI systems in violation of Sections 8.1(b) or 8.2; and (ii) any claim brought by a data subject whose personal data was processed through the Services under your control.

Providing inaccurate or fraudulent information may lead to suspension or termination of your account and restricted future access to the Platform.

You may not use the Services to engage in illegal or prohibited transactions, including but not limited to trafficking illicit substances, unauthorized alcohol sales, pornography, or gambling services. Doing so may result in permanent account termination and prohibition from the Platform.

We operate solely as a service provider. We do not guarantee the reliability, legality, or performance of Services displayed or accessed through the Platform. You use the Platform and the Services at your own risk, and we are not responsible for user-generated content, pricing, or representations made about any Service.

4. USER REGISTRATION

To register on the Platform — either as an individual or on behalf of an organization — you must be at least 18 years old or a legally recognized entity. If registering an organization, you must have authority to accept these Terms on its behalf.

You are responsible for keeping your account credentials secure. Any activity under your account is your responsibility. If your account is compromised, you must notify us immediately.

Attempts to create multiple free accounts by using fake or disposable emails are prohibited. We reserve the right to:

Immediately suspend any accounts involved in misuse.
Revoke any free resources or benefits acquired through abuse.
Take legal action when appropriate.

5. SERVICES

5.1 General

We reserve the right to limit availability or adjust the scope of Services offered through the Platform. Descriptions and pricing of Services are subject to change without notice. We may discontinue any Service at any time.

We do not guarantee that any Service will meet your expectations or that errors or issues within the Platform will be resolved.

5.2 Service Endpoints and Data Location

The Services are available through two endpoints. You determine where each API request is processed by choosing the endpoint you call. The models available on each endpoint are listed at the /v1/models path of its base URL, and the catalogue of each endpoint may change over time. In the model catalogue published on the Nextbit website, models served through the EU Endpoint are labelled "EU" and models served through the Global Endpoint are labelled "Multi".

EU Endpoint — https://eu.api.nextbit256.com/v1. Model inference is performed exclusively on infrastructure located in Spain, within the European Union. No third-party infrastructure provider performs inference on, or stores, content submitted through the EU Endpoint.

Global Endpoint — https://api.nextbit256.com/v1. Model inference may be performed on compute capacity provided by a third-party cloud infrastructure provider on nodes located outside the European Economic Area (EEA).

API gateway. API traffic to both endpoints is received by an API gateway hosted within the European Union. The gateway handles request content only transiently, in transit, to route, secure and authenticate requests, and does not store it.

You are solely responsible for selecting the endpoint appropriate to your data residency and data protection requirements. If you require that your content is not processed on inference infrastructure outside the EEA, you must use the EU Endpoint exclusively.

Customers should be aware that infrastructure providers, or their parent companies, may be incorporated or operate in third countries and may be subject to the laws of those countries — for example, in the United States, the Clarifying Lawful Overseas Use of Data Act (CLOUD Act, 2018) and Section 702 of the Foreign Intelligence Surveillance Act (FISA), as well as comparable laws of other jurisdictions in which infrastructure providers or their corporate groups are established — which may permit public authorities to compel disclosure of data held by those providers regardless of the physical location of the servers. This exposure is not fully mitigated by contractual safeguards alone. For international data transfers, Nextbit relies on Standard Contractual Clauses (SCCs) approved by the European Commission and, where applicable, on the EU–US Data Privacy Framework (DPF, 2023) for providers that have self-certified under it. The DPF is subject to ongoing judicial review and may be invalidated by competent courts, as occurred with its predecessors. In such event, Nextbit will rely on SCCs or other valid mechanisms. Nextbit accepts no liability towards any customer or third party arising from the invalidation or modification of the DPF or any other transfer mechanism by a court or regulatory authority, provided that Nextbit maintains at all times at least one valid transfer mechanism under applicable law. Customers for whom third-country governmental access represents a material risk are strongly encouraged to use the EU Endpoint.

5.3 Data Retention and Use of Content

For the purposes of this Section, "Request Content" means the prompts, inputs, files and other content you submit in an API request, the outputs generated in response, and any logs containing them.

EU Endpoint. Nextbit does not store or retain Request Content submitted through the EU Endpoint. Request Content is processed in memory solely to generate the response and is discarded once the request is completed. It is not written to persistent storage or logs.

Global Endpoint. Neither Nextbit nor its infrastructure providers retain Request Content submitted through the Global Endpoint after the request is completed, save where retention is required by applicable law, in which case it is retained for no longer than thirty (30) days and used for no purpose other than compliance with that legal requirement.

No training. Nextbit does not use Request Content to train, fine-tune, evaluate or otherwise develop any AI model, and its infrastructure providers are contractually prohibited from doing so.

No disclosure. Nextbit does not disclose Request Content to third parties, except to the infrastructure providers strictly necessary to process your requests as described in Section 5.2, or where required by applicable law, court order or a binding request of a competent public authority.

Request metadata. Nextbit collects and retains technical and billing information associated with your use of the Services that does not include Request Content — such as timestamps, model used, token counts, API key identifier, IP address, response status and latency. This information is used for service delivery, billing, performance monitoring, capacity planning, security and abuse prevention, and service improvement, and is retained for as long as reasonably necessary for those purposes, including for the duration of the customer relationship and as required to comply with applicable legal obligations (including accounting and tax obligations).

6. PURCHASES AND PAYMENT

If you opt into a custom Service plan, pricing and terms will be negotiated and documented in a Services Agreement, Order Form, or similar binding document.

Pricing may change over time at our discretion. Your initial subscription pricing will remain fixed during its term, and revised prices will only apply after renewal.

All payments for Services are handled via a third-party payment provider integrated with the Platform. By providing payment details, you authorize us to charge you for all applicable fees without prior notice. You are responsible for keeping your payment information up to date.

All charges are non-refundable and exclusive of applicable taxes. Prices displayed on the Platform are exclusive of any taxes, levies, or duties imposed by applicable law, including value added tax (VAT) or equivalent indirect taxes applicable in your jurisdiction. Where required by law, applicable taxes will be calculated and added to the amount due at the time of purchase or credit top-up. You are solely responsible for paying all such taxes and agree to indemnify us for any tax-related claims.

Services are accessed through a prepaid credit system. Credits are purchased and loaded via the Platform and subsequently consumed as you use the Services. The credit balance associated with your account reflects the remaining prepaid amount available for use. Credits have no cash value and are non-transferable. When loading credits, the total amount charged to your payment method may include applicable taxes and fees charged by the third-party payment processor. Such payment processing fees are not retained by Nextbit and are determined solely by the payment provider. Nextbit reserves the right to adjust the credit pricing at any time, with changes taking effect upon the next credit purchase.

Currency and exchange rate. Credits are purchased and invoiced in euros (EUR), and your account balance is held in EUR. Prices for AI model inference are published in US dollars (USD). When you use these Services, the applicable USD price is converted into EUR and deducted from your balance using the most recent euro reference exchange rate for the US dollar published by the European Central Bank (ECB) before the start of that day (UTC). Prices for other Services published in EUR are deducted in EUR without conversion. Changes in the exchange rate do not constitute a change of price under these Terms.

Automatic top-ups will be charged to your selected payment method when predefined thresholds are reached.

7. REFUND POLICY

All transactions are final. We do not issue refunds for any Services purchased via the Platform.

8. PROHIBITED ACTIVITIES

You agree to use the Platform solely for lawful and authorized purposes. Unauthorized commercial use is not permitted unless explicitly approved.

You may not:

Scrape or systematically extract data from the Platform.
Misrepresent your identity or intentions.
Attempt to bypass Platform security features.
Harass users or Platform staff.
Post or transmit viruses, spam, or other disruptive content.
Use bots, scripts, or automation to interact with the Platform.
Reverse engineer or decompile Platform software.
Engage in fraudulent activity.
Mine cryptocurrencies using Platform resources.

Violations may result in account suspension and legal action.

8.1 Data Protection and AI Restrictions

In addition to the general prohibitions above, you may not use the Platform or the Services to:

(a) Special Categories of Personal Data. Process Special Categories of Personal Data as defined in Article 9 of Regulation (EU) 2016/679 (GDPR), including without limitation: health data, genetic data, biometric data processed for the purpose of uniquely identifying a natural person, data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning a person's sex life or sexual orientation. If your use case requires processing such data, you must contact [email protected] and execute a separate written addendum with Nextbit prior to any such use. Nextbit accepts no liability for Special Categories of Personal Data transmitted through the Services without a prior written addendum. You shall indemnify Nextbit against any claims, fines, or regulatory penalties arising from such unauthorized transmission.

(b) AI Act Prohibited Uses. Develop, deploy, integrate, or operate any AI system using the Services for any purpose that is prohibited under Article 5 of Regulation (EU) 2024/1689 (EU AI Act), including without limitation:

(i) Social scoring: evaluating or classifying natural persons based on their social behaviour or personal characteristics in a way that causes detrimental or unfavorable treatment of those persons in unrelated social contexts or that is disproportionate or unjustified;
(ii) Real-time biometric identification: deploying real-time remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement, except where expressly permitted by applicable law;
(iii) Subliminal manipulation: using AI techniques that operate below the threshold of a person's consciousness to materially distort their behaviour in a manner that causes or is likely to cause harm;
(iv) Exploitation of vulnerabilities: exploiting the vulnerabilities of specific groups of persons due to their age, disability, or socioeconomic situation in a manner that causes or is likely to cause harm to those persons.

(c) Circumvention. Circumventing or attempting to circumvent the restrictions set out in (a) and (b) above by anonymizing, pseudonymizing, aggregating, or otherwise transforming data or system design before or after submission, if the underlying purpose or data falls within these categories.

8.2 AI Act Compliance

If you use the Services to develop, integrate, or operate an AI system — including but not limited to chatbots, autonomous agents, decision-support tools, or any system that uses model outputs to produce effects on natural persons — you acknowledge and agree that:

(a) You act as the provider or deployer of that AI system under Regulation (EU) 2024/1689 (EU AI Act) and are solely responsible for your compliance with all obligations arising from that role, including documentation requirements, conformity assessments, transparency obligations toward your own users, human oversight measures, and reporting to competent supervisory authorities.

(b) Nextbit provides inference infrastructure only. Nextbit does not act as provider or deployer of your AI system and does not assume any obligations under the AI Act arising from your use of the Services.

(c) You will not use the Services to deploy AI systems classified as high-risk under Annex III of the AI Act (including systems used in employment screening, credit scoring, critical infrastructure management, or law enforcement) without having completed the applicable conformity assessment required by the AI Act prior to deployment.

8.3 Sanctions, Critical Uses and Infrastructure Provider Policies

(a) Sanctions and export controls. You represent and warrant, at the time of registration and throughout your use of the Services, that neither you nor, where you act on behalf of an organization, that organization or any of its subsidiaries, officers, directors, shareholders, agents or employees: (i) is listed on any sanctions or restricted persons list maintained by the European Union or any of its Member States, the United Nations Security Council, the United Kingdom, the United States, or any other competent authority; (ii) is organized, located, resident or ordinarily operating in any country or territory subject to comprehensive sanctions (including, at the date of these Terms, Iran, Cuba, North Korea, the Crimea region of Ukraine, and the so-called Donetsk People's Republic and Luhansk People's Republic); or (iii) is owned or controlled, directly or indirectly, fifty percent (50%) or more by any such listed person. You will comply with all applicable export control and economic sanctions laws in connection with your use of the Services and will not use the Services in any manner that would place Nextbit or its infrastructure providers in breach of such laws. Nextbit may suspend or terminate your access to the Services with immediate effect and without liability if it reasonably believes that this Section 8.3(a) has been breached or that continued provision of the Services would breach applicable sanctions or export control laws.

(b) Critical uses. You may not use the Services in the operation of nuclear facilities, air traffic control, life support systems, or any other application where the use or failure of the Services could lead to death, personal injury, or environmental damage.

(c) Infrastructure provider policies. Where your requests are processed on third-party infrastructure (including through the Global Endpoint), you will comply with, and ensure that your end users comply with, the acceptable use requirements that Nextbit's infrastructure providers apply to the content processed on their infrastructure, as communicated by Nextbit from time to time. You acknowledge that Nextbit may be required by its infrastructure providers to suspend, restrict or block specific requests, content, applications or accounts that breach such requirements or applicable law.

9. CONTRIBUTION LICENSE

You and the Platform agree that we may access, process, store, and use any personal data or information you provide in accordance with our Privacy Policy (https://www.nextbit256.com/docs/privacy-policy) and your specified preferences.

By submitting feedback, ideas, or suggestions regarding the Platform or the Services, you grant us full rights to use such feedback for any purpose without compensation or acknowledgment.

You retain ownership of all content and intellectual property rights associated with your contributions. We do not claim ownership of your content, and you are solely responsible for anything you post or share on the Platform. You agree to release us from any liability related to your contributions and not to pursue any legal action against us related to such content.

10. SUBMISSIONS

Any information you send us regarding the Platform or the Services — such as ideas, suggestions, or feedback ("Submissions") — is deemed non-confidential and becomes our property. We acquire all rights, including intellectual property rights, to such Submissions and may use them for any lawful purpose without providing credit or compensation to you. You waive any moral rights in connection with your Submissions and confirm that you either created them yourself or are authorized to submit them. You agree not to hold us liable for any actual or alleged misuse of your Submissions.

11. THIRD-PARTY WEBSITES AND CONTENT

The Platform may include links to or integrate content from third-party websites ("Third-Party Websites") or feature materials provided by third parties ("Third-Party Content"). We do not monitor or control such content and are not responsible for its accuracy, legality, or appropriateness. Inclusion of Third-Party Content or links to Third-Party Websites does not imply endorsement.

If you choose to interact with or purchase from a Third-Party Website via the Platform, you do so at your own risk and understand that these Terms no longer govern your use. We take no responsibility for any disputes or losses related to those third-party interactions or purchases.

12. PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Platform for violations of these Terms.
Take legal action against users who violate applicable laws or these Terms, including reporting to authorities.
Restrict or remove any content or contributions, at our sole discretion and without notice.
Remove content that is excessively large or burdensome to our infrastructure.
Operate the Platform in a way that protects our interests and maintains proper function of the Services.

13. PRIVACY POLICY

https://www.nextbit256.com/docs/privacy-policy

We are committed to protecting your data and privacy. By using the Platform or the Services, you agree to our Privacy Policy, which is an integral part of these Terms.

When you use the Services to process personal data of third parties as data controller, a Data Processing Agreement (DPA) compliant with Article 28 GDPR is published at https://www.nextbit256.com/docs/dpa and applies automatically to such use without requiring separate execution. The DPA sets out the respective obligations of Nextbit as processor and the Controller regarding the processing of personal data through the Services. Controllers who require a separately negotiated or countersigned version of the DPA may contact [email protected]. Nextbit has no obligation to negotiate custom DPA terms.

14. TERM AND TERMINATION

These Terms remain in effect while you use the Platform or Services. We reserve the right, at our sole discretion and without prior notice, to restrict or revoke your access to the Platform or Services, including by blocking IP addresses, for any reason — especially if you violate these Terms or any applicable law.

We may also suspend, restrict or discontinue access to any endpoint, model or region, in whole or in part, where required by our infrastructure providers, by applicable law, or by an order or request of a competent authority.

We may delete your account and any content you've submitted without warning. If your account is terminated, you are prohibited from creating a new account using your name, a false name, or a third party's identity — even if acting on behalf of someone else.

We also reserve the right to pursue legal remedies, including civil or criminal action, if applicable.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, update, or remove content from the Platform at any time without notice. This includes suspending or discontinuing parts of the Services.

We are not liable for any inconvenience or loss caused by your inability to access the Platform or Services due to maintenance, updates, errors, or system failures. You acknowledge that we are not obligated to maintain or support the Platform or Services, or to provide future updates or releases.

16. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Spain. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Informal Negotiation

To resolve any disputes related to these Terms ("Disputes"), you agree to first attempt resolution informally by contacting us in writing at [email protected]. Both parties agree to negotiate in good faith for at least thirty (30) days before initiating formal legal proceedings.

Jurisdiction

If informal negotiation fails to resolve the Dispute, the dispute shall be submitted to the exclusive jurisdiction of the courts of Valencia, Spain, unless mandatory rules of law applicable in your jurisdiction provide otherwise.

Exceptions

The following matters may be submitted directly to court without prior informal negotiation:

Disputes concerning intellectual property rights.
Allegations of theft, privacy violations, or unauthorized use.
Requests for injunctive or equitable relief.

17. CORRECTIONS

The Platform may contain typographical errors, inaccuracies, or omissions, particularly related to Service descriptions, pricing, or availability. We reserve the right to correct any errors or update content without prior notice.

18. DISCLAIMER

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT: (1) THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; (2) THE PLATFORM OR SERVICES WILL MEET YOUR NEEDS; (3) ANY RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE; (4) ANY CONTENT, SERVICE, OR PRODUCT WILL MEET YOUR EXPECTATIONS.

We are not liable for third-party websites, software, or content linked through the Platform, and we do not monitor or assume responsibility for your transactions with such third parties.

19. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE (INCLUDING OUR DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION — RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF €100 OR THE AMOUNT YOU HAVE PAID TO US IN THE PAST SIX (6) MONTHS.

20. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising out of:

Your use of the Services.
Your violation of these Terms.
Your violation of any applicable law or regulation, including data protection law (GDPR, LOPDGDD) and AI regulation (EU AI Act).
Your infringement of any third-party rights.
Any content or data you submit through the Platform or the Services.

21. CONTACT US

For questions about these Terms, contact us at [email protected].

NEXTBIT 256, S.L. Carrer del Moll de la Duana, s/n, Edificio Lanzadera 46024 Valencia, Spain [email protected] https://www.nextbit256.com