Terms of Service

• “Switchy”, “we”, “us”, “our” refers to Switchy and the Switchy platform at switchy.build.
• “Service” refers to the Switchy AI workspace, chat interface, Memory API, and all related tools, SDKs, and documentation.
• “User”, “you”, “your” refers to any individual or entity accessing or using the Service.
• “Content” refers to text, images, files, code, and other material submitted to or generated through the Service.
• “API” refers to the Switchy Memory API and associated endpoints.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not use the Service. We reserve the right to refuse service to anyone for any reason at any time.

Switchy provides:

• An AI workspace with access to 350+ AI models from providers including OpenAI, Anthropic, Google, Meta, and Mistral via OpenRouter
• Persistent memory that follows across models and sessions
• A Memory API for developers to integrate cross-model memory into their applications
• Usage analytics, billing management, and team collaboration tools

The Service is provided “as is” and may be modified, updated, or discontinued at any time with reasonable notice.

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activity that occurs under your account, whether or not authorised by you
• Notifying us immediately at contact@switchy.build if you suspect unauthorised access
• Ensuring that your use complies with applicable laws and regulations

You must be at least 16 years old (or the age of digital consent in your jurisdiction) to create an account. We reserve the right to suspend or terminate accounts that violate these Terms.

You agree not to use the Service to:

• Generate, distribute, or store content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Attempt to circumvent AI model safety measures, content filters, or platform restrictions
• Impersonate any person or entity, or misrepresent your affiliation
• Engage in automated or excessive use that degrades the Service for other users (denial-of-service, scraping at scale, or systematic extraction)
• Reverse-engineer, decompile, or extract source code from the Service
• Use the Service to develop a competing product or service
• Share, transfer, or resell your API keys or account access
• Violate any applicable local, national, or international law or regulation
• Use the Service in any manner that infringes the intellectual property rights of third parties

We reserve the right to investigate and take appropriate action, including suspension or termination, for violations of this section.

In addition to these general Terms, the following apply to API usage:

• API keys are personal and non-transferable. You are responsible for all usage under your API keys.
• You must not exceed the rate limits and operation quotas of your plan.
• You must include appropriate error handling and must not retry failed requests in a manner that constitutes abuse.
• We reserve the right to throttle or suspend API access if usage patterns indicate abuse or excessive load.
• API availability is provided on a best-effort basis. We target 99.9% uptime but do not guarantee uninterrupted access.

Our handling of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

If you use the API to process personal data of your end users, you act as the data controller for that data. You are responsible for ensuring that your use complies with GDPR and all applicable data protection laws, including obtaining necessary consents and providing appropriate privacy notices to your users.

To the maximum extent permitted by applicable law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated content will be accurate or suitable for any particular purpose.
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total amount paid by you to Switchy in the twelve (12) months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under applicable law.

You agree to indemnify and hold harmless Switchy, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) Content you submit through the Service.

We may suspend or terminate your access to the Service if:

• You violate these Terms or our Acceptable Use policy
• Your account shows signs of fraudulent, abusive, or illegal activity
• Required by law, regulation, or court order
• Necessary to protect the security or integrity of the Service or other users

We will provide reasonable notice before suspension or termination where practicable, except in cases of urgent security concerns or legal requirements. Upon termination, you may request export of your data within 30 days. After 30 days, your data will be permanently deleted.

We shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or failures of third-party AI model providers.

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law (including applicable consumer protection provisions), the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on the platform at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use and may request account deletion.

These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and Switchy regarding the Service. They supersede all prior agreements, communications, and understandings, whether written or oral.

For questions about these Terms: