Terms of Service AI Gateway Addendum

Terms of Service - AI Gateway Addendum

Version 2026.05

This addendum supplements the IMG.LY Terms of Service (https://img.ly/tos) and governs the use of prepaid API credit balances ("Credit Balance") in connection with IMG.LY's generative AI API gateway and ancillary services directly supporting the API gateway related services (the "Services") between IMG.LY GmbH, Kortumstraße 19-21, 44787 Bochum, Germany (“IMG.LY”) and the business customer (“Customer”). In the event of a conflict between this addendum and the Terms of Service, this addendum prevails with respect to the Credit Balance and the Services. The Services, and this addendum, are offered to business customers only and are not directed to consumers.

1. Credit Balance

The Credit Balance is a prepaid USD balance on the Customer's account that is consumed when using the Services — whether through the Customer's own applications via API key or directly through IMG.LY-hosted applications. The Credit Balance is separate from and in addition to any existing IMG.LY subscription fees. The Credit Balance is additive to any existing IMG.LY subscription and does not replace subscription fees. Each operation deducts the applicable cost in USD from the Credit Balance in accordance with Section 5. Current per-operation costs are published in the Customer's dashboard.

2. Adding Funds

The Customer may add funds to the Credit Balance through the dashboard using a supported credit card. All funds are denominated in USD, billed separately from any existing subscription, and are stated net of applicable VAT, which is added at checkout. For EU business customers who provide a valid VAT identification number, the reverse-charge mechanism applies. The minimum top-up amount is USD 10. The maximum Credit Balance is USD 10,000. Customers who require a higher balance should contact IMG.LY through regular support channels. Funds added to the Credit Balance are non-refundable except as expressly provided in Section 7.

3. No Expiration

Credits on active accounts do not expire. Refund of any remaining Credit Balance following account termination is governed by Section 7.

4. Auto Top-Up

The Customer may enable automatic top-up through the dashboard, authorizing IMG.LY to charge the Customer's stored payment method when the Credit Balance falls below a Customer-configured threshold by a Customer-configured amount. The Customer may adjust the threshold and amount or disable auto top-up at any time through the dashboard. Each auto top-up charge is processed immediately and invoiced separately. If an auto top-up charge fails, IMG.LY may suspend the Customer's access to the Services until the Credit Balance is replenished.

5. Metering and Reservation

Each API call is metered as follows. When a request is received, IMG.LY estimates the cost by combining the upstream provider's cost estimate with the historical average cost for the applicable model and operation, and reserves the higher of the two (including the IMG.LY margin in line with Section 8) against the Credit Balance. Requests are declined if the Credit Balance is insufficient to cover the reservation. Once the operation completes, the reservation is reconciled against the actual cost: any excess is returned to the Credit Balance, and any shortfall is deducted. In limited cases the Credit Balance may become slightly negative as a result of this reconciliation. Credits are consumed only when IMG.LY is charged by the upstream provider for the operation. Accordingly:

Operations that fail due to an IMG.LY gateway error are not charged.
Operations that fail due to an upstream provider error for which IMG.LY is not billed are not charged.
Requests rejected as malformed before dispatch to the upstream provider are not charged.
Operations refused by upstream content moderation are charged only to the extent IMG.LY is billed by the upstream provider.
Operations that complete at the upstream provider after the Customer's client has disconnected are charged.

6. Negative Balance

Any negative Credit Balance is settled against (a) the Customer's next top-up or auto top-up, or (b) if auto top-up is enabled, an immediate charge to the stored payment method. The Customer remains liable for any outstanding negative balance. IMG.LY may charge default interest on any negative balance at the applicable statutory rate. IMG.LY may suspend or terminate the Customer's access to the Services while the Credit Balance is negative.

7. Account Termination and Refund

Upon termination of the Customer's account, the Customer may request in writing a refund of any remaining positive Credit Balance, less any outstanding negative balance or pending charges. Refund requests must be submitted through IMG.LY's regular support channels within three (3) years360 days of account termination; unclaimed balances are forfeited thereafter. Refunds are paid to the original payment method where possible; where not possible, IMG.LY and the Customer will agree on an alternative method.

8. Pricing

Per-operation pricing reflects the applicable upstream provider's cost plus an IMG.LY margin. IMG.LY may adjust pricing at any time; changes take effect upon publication in the dashboard. IMG.LY will use reasonable efforts to notify the Customer of material price increases via email in advance. If the Customer does not agree to a price increase, the Customer's sole remedy is to cease using the Services, terminate Customer's account and request a refund of any remaining Credit Balance in accordance with Section 7. Operations completed before a price change are not retroactively repriced.

9. Promotional Credits

IMG.LY may from time to time issue promotional, trial, or complimentary credits ("Promotional Credits"). Promotional Credits are non-refundable, non-transferable, not convertible to cash, and may expire or be revoked by IMG.LY at any time at its discretion. Where both Promotional Credits and paid Credit Balance are available, Promotional Credits are consumed first.

10. Acceptable Use

The Services may be used only in accordance with the Terms of Service, this addendum, and IMG.LY's Acceptable Use Policy. Certain upstream providers impose additional model-specific terms, usage policies, or restrictions ("Model Rules") on models made available through the Services. The Customer is responsible for complying with any applicable Model Rules, which are identified in the dashboard for each model. The Customer may use the Services for lawful commercial purposes, including to build applications, products, and tools powered by the Services for the Customer's own end users.
The Customer may not:

resell, transfer, redistribute, or share Credit Balance funds with third parties;
provide the Services on a standalone basis, including as a competing API, gateway, or equivalent service, without IMG.LY's prior written permission; or
use the Services in violation of applicable sanctions, export controls, or the acceptableuse policies of IMG.LY's upstream providers.; or
circumvent or attempt to circumvent any rate limits, access controls, metering mechanisms, or other technical measures applied to the Services.

IMG.LY may suspend or terminate access to the Services for any violation of this Section 10.

11. Data Use and Training

IMG.LY does not use the Customer's prompts or outputs to train any model. The upstream paid-tier API services through which requests are routed are, under their respective current API terms, likewise do not useprohibited from using the Customer's prompts or outputs to train their models under their applicable API . IMG.LY does not warrant or guarantee compliance by upstream providers with their own terms and is not liable for any unauthorized use of Customer data by an upstream provider. IMG.LY's processing of personal data contained in prompts and outputs is described in the IMG.LY Privacy Policy (https://img.ly/privacy-policy). A Data Processing Addendum is available on request through IMG.LY's regular support channels and shall be requested by Customer and executed between the parties before personal data is included in any of the Customer’s prompts.

12. Output Ownership and Warranties

As between the Customer and IMG.LY, the Customer owns the outputs generated through the Services based on the Customer's inputs, subject to (i) any third-party rights in the inputs or outputs, (ii) any applicable Model Rules, and (iii) these Termsthis addendum and the Terms of Service. Outputs are not exclusive; the same or similar inputs may produce similar outputs for other customers. The Services, including all outputs, are provided on an "as-is" and "as-available" basis. IMG.LY makes no warranties or representations regarding the accuracy, completeness, fitness for a particular purpose, or non-infringement of any output. IMG.LY does not offer indemnification for third-party claims arising out of Customer inputs or outputs.

13. Service Availability

IMG.LY does not guarantee any particular level of availability, uptime, or throughput for the Services. The Services depend on third-party upstream providers, and IMG.LY is not responsible for any unavailability, degradation, or failure caused by or attributable to an upstream provider. IMG.LY may apply rate limits and other usage restrictions at its discretion to protect the integrity of the Services. IMG.LY may change, add, or retire upstream models and services at any time without prior notice.

14. Liability

Except as set forth in the Terms of Service, IMG.LY's aggregate liability to the Customer arising out of or in connection with this addendum or the Services is limited to the amounts paid by the Customer for the Services during the six (6) months preceding the claim.

15. Notices

Notices from IMG.LY to the Customer may be provided by email to the primary account contact, through the IMG.LY dashboard, or both. Notices from the Customer to IMG.LY — including termination notices and refund requests — should be submitted through IMG.LY's regular support channels.

16. Final provisions

This addendum and any dispute arising out of or in connection with it shall be governed by the laws of the Federal Republic of Germany; the regulations of the UN Sales Convention shall beexcluded. The courts for IMG.LY's registered office shall have exclusive jurisdiction over all disputes under and in connection with this addendum. Should any provision of this addendum be or become invalid, this shall not affect the validity of the remaining terms. In such event, the parties shall be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the addendum.

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