Terms of Service

Last updated: July 10, 2026

These Terms of Service ("Terms") govern your access to and use of OPENWAY, a cloud platform operated by OPENWAY PTY LTD ("the Company", "we", "us", or "our"). OPENWAY PTY LTD is a company registered in Australia with ABN 97 699 810 270 and registered address at Level 2, Kings Court, 8-12 King Street, Rockdale, NSW 2216.

By accessing or using OPENWAY, creating an account, purchasing a pack of usage credits, deploying a model, or using any related services, you agree to these Terms. If you do not agree to these Terms, you must not use OPENWAY.

1. Service Description

OPENWAY provides cloud services for deploying and running open-source AI models — including text, image, and video models — on managed, GPU-backed cloud infrastructure. Customers may deploy open-source models, run inference and generation workloads, and use related platform services subject to these Terms and our Acceptable Use Policy.

OPENWAY does not provide financial services, payment processing services, investment products, stored-value accounts, virtual currency, cryptocurrency services, proxy services, VPN services, or anonymous hosting services.

2. Eligibility

You must be at least 18 years old and legally able to enter into binding agreements to use OPENWAY. If you use OPENWAY on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

You must not use OPENWAY if you are prohibited from doing so under applicable laws, sanctions, export control rules, or our Acceptable Use Policy.

3. Account Registration and Security

You must provide accurate, current, and complete information when creating and maintaining your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You must promptly notify us at [email protected] if you suspect unauthorized access to your account or any security incident.

We may suspend or terminate accounts that provide false information, engage in suspicious activity, violate these Terms, or create legal, security, operational, or reputational risk.

4. Purchases, Billing, and Payment

OPENWAY is offered through one-time purchases. Each purchase (a "pack") adds a usage allowance of credits to your account, as described on our Pricing page and at checkout. OPENWAY is not a subscription: it does not automatically renew and does not charge you on a recurring basis. By completing a purchase, you authorize us and our payment providers to charge the one-time fee shown at checkout.

The price and the included usage allowance for each pack are shown at checkout before you pay. Different packs may include different amounts of usage credits and different concurrency or feature limits, as described on our Pricing page.

Usage credits are consumed as you deploy models and run workloads, based primarily on the compute your workloads actually use. When your available credits are exhausted, your deployments and workloads may be paused, throttled, queued, or limited until you purchase additional credits or a larger pack, as described on our Pricing page. Purchasing another pack adds further credits to your account. Any expiry terms applicable to purchased credits are disclosed at checkout before you buy.

Unless otherwise stated, fees are charged in United States dollars or another currency displayed at checkout. You are responsible for all applicable taxes, duties, bank fees, currency conversion charges, and payment provider fees, unless expressly stated otherwise.

Payments are processed by third-party payment providers. We do not store full payment card details. Your use of third-party payment services may be subject to the relevant provider's terms and privacy policy.

You are responsible for stopping or deleting running model deployments and workloads when you no longer wish to consume credits. Credits are consumed while workloads remain running.

5. Service Delivery

The usage credits from your OPENWAY purchase are normally added to your account shortly after successful payment confirmation. Service delivery is electronic only. No physical goods are shipped.

Your ability to deploy and run models and workloads depends on account status, your available usage credits, system availability, resource limits, security checks, and compliance with these Terms.

Invoices and billing records may be available through your OPENWAY account or upon request to [email protected].

6. Customer Content and Workloads

"Customer Content" means models, code, files, datasets, prompts, outputs, generated media, fine-tuned weights, applications, APIs, logs, configurations, and other materials that you upload, deploy, process, or generate through OPENWAY.

You retain ownership of your Customer Content. You grant us a limited, non-exclusive, worldwide license to host, process, transmit, store, display, and otherwise use Customer Content solely as necessary to provide, secure, operate, support, and improve OPENWAY and to comply with applicable laws.

You are solely responsible for your Customer Content and workloads, including their legality, security, accuracy, permissions, licenses, and compliance with third-party rights and applicable laws. You are responsible for ensuring that your use of any open-source or third-party model complies with that model's license and usage terms.

7. Acceptable Use

You must comply with our Acceptable Use Policy. You must not use OPENWAY for illegal, harmful, abusive, deceptive, infringing, high-risk, or unauthorized activities, including malware, phishing, spam, credential theft, network attacks, illegal content distribution, or unauthorized access to systems.

We may investigate, suspend, limit, remove, or terminate access to any workload, deployment, account, or content that we reasonably believe violates these Terms, our Acceptable Use Policy, law, or third-party rights.

8. Resource Limits and Fair Use

We may apply usage limits, rate limits, storage limits, bandwidth limits, compute limits, deployment limits, and other technical controls to protect service quality, platform security, and other customers.

We may change or enforce resource limits at any time, especially where usage creates security, operational, legal, cost, or abuse risk.

9. Service Availability

We aim to provide a reliable service, but OPENWAY is provided on an "as available" basis. We do not guarantee uninterrupted availability, error-free operation, specific performance, or compatibility with every model or workload.

We may perform maintenance, updates, upgrades, emergency fixes, or security actions that temporarily affect service availability.

10. Third-Party Services and Software

OPENWAY may allow you to use third-party software, models, container images, APIs, packages, open-source components, or integrations. You are responsible for complying with all applicable third-party terms, licenses, and usage restrictions.

We are not responsible for third-party services, software, models, content, vulnerabilities, outages, or actions.

11. Privacy

Our collection and processing of personal data is described in our Privacy Policy. By using OPENWAY, you acknowledge that we may process personal data as described in that policy.

12. Refunds

Refunds are governed by our Refund Policy. In general, fees for usage credits that have already been consumed, compute resources used, completed service usage, and charges caused by customer workloads are not refundable except where required by applicable law or expressly stated in the Refund Policy.

13. Suspension and Termination

We may suspend or terminate your account, deployments, workloads, or access to OPENWAY if:

You violate these Terms or our Acceptable Use Policy.
Your usage creates security, operational, legal, payment, or reputational risk.
Payment is disputed, reversed, fraudulent, unauthorized, or unsuccessful.
We are required to do so by law, court order, regulator, payment provider, or infrastructure provider.
Your account is inactive for an extended period.

You may stop using OPENWAY at any time. Account closure requests may be sent to [email protected].

14. Disclaimers

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted, or modified (your "Non-Excludable Rights"). The disclaimers, exclusions, and limitations in these Terms apply only to the extent they do not exclude or limit your Non-Excludable Rights.

Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, OPENWAY is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, and error-free operation.

15. Limitation of Liability

Nothing in this section limits or excludes your Non-Excludable Rights. Where our liability for failure to comply with a consumer guarantee under the Australian Consumer Law can lawfully be limited, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.

Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, OPENWAY PTY LTD and its directors, officers, employees, contractors, affiliates, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of data, revenue, goodwill, business opportunity, or service availability.

Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, our total liability arising out of or related to OPENWAY or these Terms will not exceed the amount you paid to us for OPENWAY services during the three months immediately before the event giving rise to the claim.

16. Indemnity

You agree to indemnify and hold harmless OPENWAY PTY LTD and its directors, officers, employees, contractors, affiliates, and suppliers from and against claims, losses, liabilities, damages, costs, and expenses arising from your use of OPENWAY, Customer Content, workloads, violation of these Terms, violation of law, or infringement of third-party rights.

17. Changes to the Service or Terms

We may update OPENWAY and these Terms from time to time. If we make material changes, we will take reasonable steps to notify users, such as posting the updated Terms on the website or sending an email notice.

Your continued use of OPENWAY after changes become effective constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or OPENWAY will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, unless applicable law requires otherwise.

19. Contact

For questions about these Terms, please contact:

OPENWAY PTY LTD
ABN: 97 699 810 270
Level 2, Kings Court, 8-12 King Street, Rockdale, NSW 2216
Email: [email protected]