Customer Agreement — Going Live

You have been running WUBBERY in shadow mode for free. Shadow mode changes nothing: your model answers every request exactly as it did before, and WUBBERY writes down beside each one what it would have done and what that would have cost. Going live means WUBBERY is allowed to act on those answers. You put a card on file. Nothing is charged today. At the end of each month you receive one invoice for a share of what WUBBERY measurably saved you, taken from the same ledger you can read in your console. If it saved you nothing, the invoice is zero. You can go back to shadow at any time. This summary is for orientation; the clauses below are the agreement.

1. This agreement is between WUBBERY PTY LTD of Melbourne, Victoria, Australia ("WUBBERY", "we", "us") and the person or organisation identified by the account that accepts it ("Customer", "you").
2. You accept this agreement by selecting "Add a card and go live" (or any equivalently labelled control) in the WUBBERY console and confirming the acceptance step. Your acceptance is recorded with the document version, the account email, the time, and the network address it came from. If you accept on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.
3. This agreement sits on top of the Terms of Service, the Privacy Policy, the Acceptable Use Policy and the Data Processing Addendum published on wubbery.com. Where they conflict, this agreement governs the live, paid use of the service.

1. Until you go live, nothing changes. Shadow Mode is free, indefinitely, and serves every request exactly as you pinned it.
2. Going live permits the Engine to act. In Live Mode the Engine may serve a request at a tier at or below your Pin, hold a request briefly for a better answer, or decline to do work that would be wasted, in each case as recorded in the Ledger. It never serves above your Pin and never spends your money with a Provider you have not configured.
3. Fail open. If the Engine is unavailable, cannot answer, or does not recognise your Pin, the request is served exactly as pinned and is recorded as such. An unrecognised Pin is never a reason to change what you asked for.
4. You can go back. You may switch any key or your whole account back to Shadow Mode at any time in the console. Amounts already measured in Live Mode remain payable.
5. Your Provider still answers. WUBBERY does not resell inference. Your Provider bills you directly for what they serve. Our fee is only the share described below.

1. No subscription, no minimum, nothing at signup. The card-on-file step authorises future invoices only. Nothing is charged when you go live.
2. The fee is a share of what was measured, per the table below. The lower rate applies to a wider base. The two rates are never mixed: you are never charged 35% of Combined Value, and never 25% of Measured Saving alone.
3. Zero saving, zero fee. If Measured Saving (or Combined Value) for a Billing Month is zero or negative, the invoice for that month is zero.
4. Only Measured Turns count. Failed or refused requests, and anything the Engine can only estimate, are excluded from every fee calculation. The console shows estimated figures for your information only, labelled as estimates.
5. The Ledger is the record. The fee is computed from the Ledger for your account. You may read your Ledger at any time in the console and, on request, receive the rows behind any invoice.
6. Invoicing and payment. We issue one invoice per Billing Month, in arrears, within seven days of month end, and charge it to the card on file on or after the invoice date. Invoices state the Measured Saving (and Capacity Value where applicable), the rate, the fee, and any tax.
7. Tax. Fees are exclusive of GST and any other applicable tax, which is added where the law requires.
8. Disputes. If you believe an invoice is wrong, tell us within 14 days of the invoice date and we will hold that invoice while we reconcile it against the Ledger with you. Undisputed invoices are payable as issued. A dispute never puts your service back into Shadow Mode unless you ask.
9. Failed payment. If a charge fails and is not resolved within 14 days of notice, we may move your account back to Shadow Mode until it is. Fees already measured remain payable.
10. Rate changes. We may change the rates on 30 days' written notice. A change applies only to Billing Months that begin after the notice period. You may return to Shadow Mode before it applies and owe nothing under the new rate.

1. Published figures are not promises. Figures on wubbery.com are measured on our hardware, on seeded or replayed traffic, under the condition printed beside each. They show what has been achieved; they do not predict what will be measured on your traffic. Your Ledger is the only figure this agreement bills on.
2. Provider rates. Baseline Cost and Served Cost use the Provider's published list rate for the model and token counts in the Ledger.
3. Same tokens, both columns. For every Measured Turn the Baseline Cost and the Served Cost are computed on the same token counts, so a saving can only come from the model or tier served, never from counting differently.
4. Capacity Value is measured only where you have enabled Performance Modules and a money rate for capacity is recorded in the console. If no rate is recorded, Capacity Value is zero and the first row of the fee table applies.

1. Your keys, your Providers. You supply and maintain valid credentials for each Provider you route through the Hosted Gateway, and you are responsible for what those Providers charge you.
2. Lawful use. You use the service only for lawful purposes, in accordance with the Acceptable Use Policy and each Provider's terms.
3. Access. You keep your WUBBERY tokens confidential and are responsible for all use under your account until you tell us a token is compromised, after which we will revoke it.
4. No reverse engineering. You will not, and will not permit anyone to, reverse engineer, decompile, probe, or attempt to derive the methods, weights, thresholds or models of the Engine, nor use the service to build a competing service. Reading and reproducing the published benchmark figures from the public endpoint is expressly permitted.
5. Benchmarks. You may measure the service on your own traffic for your own use. You will not publish comparative benchmarks of the service without our written consent, which we will not unreasonably withhold where the condition of measurement is published alongside the figure.

1. What passes through. In the hosted service your requests and responses pass through the Hosted Gateway to your Provider. They are handled in memory for the purpose of serving the request.
2. What is kept. We keep the Ledger, usage counters for your account, and the audit log of administrative actions. We do not retain the text of prompts or responses, and we do not use your traffic to train any model.
3. Retention. Ledger rows are retained for as long as your account exists and for 24 months afterwards, because they are the record behind every invoice; you may request a copy at any time.
4. Learned state. The Engine keeps per-account state learned from your traffic patterns to improve its answers for you. That state is never pooled with, or shared to, another customer's account.
5. Security. We protect the Hosted Gateway and stored data with measures appropriate to the risk, and will notify you without undue delay of any breach affecting your data.
6. Personal data inside your traffic is governed by the Data Processing Addendum, which you accept together with this agreement.

1. Everything in the Engine, the Hosted Gateway, the console, the documentation and the published figures, including all methods, models and improvements, is and remains the property of WUBBERY PTY LTD and its licensors. Nothing in this agreement transfers any of it.
2. We grant you a non-exclusive, non-transferable licence to use the hosted service for your own business during the term.
3. This agreement covers the hosted service. Any on-premises, self-hosted or wider deployment is by separate written agreement.
4. Suggestions you give us may be used by us without obligation.

1. We will operate the Hosted Gateway with reasonable skill and care. Because an unavailable Engine changes nothing about where a request goes, an outage does not stop your traffic; it stops the saving for the affected requests, which are then recorded as served exactly as pinned.
2. We may change the service, provided the changes do not reduce the protections in the clauses on what changes when you go live, zero saving zero fee, and what is kept.

1. Except as expressly stated, the service is provided as is and we make no warranty that it will achieve any particular saving, that it will be uninterrupted or error-free, or that it will suit a particular purpose.
2. Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded. Where our liability for breach of such a guarantee can be limited, it is limited, at our option, to re-supplying the service or paying the cost of re-supply.

1. To the extent permitted by law, neither party is liable to the other for loss of profit, revenue, data or goodwill, or for indirect or consequential loss, arising out of this agreement.
2. To the extent permitted by law, our total liability arising out of this agreement in any 12-month period is limited to the fees you paid us under it in that period.
3. Nothing limits liability for fraud, wilful misconduct, or a breach of the no-reverse-engineering clause or the Data clause.

1. This agreement starts when you accept it and continues month to month.
2. Either party may end it on 30 days' written notice. You may also end it at once by moving your account to Shadow Mode and removing the card on file.
3. We may suspend or end it at once if you breach the no-reverse-engineering clause or the Acceptable Use Policy, use the service unlawfully, or fail to cure a failed payment.
4. On termination, fees measured up to the termination date remain payable; your account may continue in Shadow Mode; the clauses on fees (for accrued amounts), reverse engineering, data, intellectual property, warranties, liability and general terms survive.

We may update this agreement on 30 days' written notice to the email on your account. A new version is published with a new version number and the console asks you to accept it before the change takes effect for you. If you do not accept, you may return to Shadow Mode before it takes effect, and the version you accepted continues to govern fees measured before then.

1. Notices are given by email to the address on your account (for you) and to the notices address published on this page (for us).
2. You may not assign this agreement without our consent. We may assign it to a successor of our business on notice.
3. This agreement is governed by the law of Victoria, Australia, and the parties submit to the courts of Victoria.
4. This agreement, the Terms of Service, the Privacy Policy, the Acceptable Use Policy, the Data Processing Addendum, and the settings you record in the console are the whole agreement between us about the hosted service.
5. If a clause is unenforceable it is read down or severed and the rest continues.