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Subconscious

Terms of Service

Effective and last updated October 26, 2026

Subconscious maintains a zero data retention policy for all Customer Content.

Subconscious does not store, log or retain customer inputs or outputs, does not permit any personnel to access them, and does not use them to train any model. These obligations are binding commitments under Section 2 of these Terms.

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a binding agreement between you and Subconscious Systems Technologies, Inc., a Delaware corporation ("Subconscious," "we," "us" or "our"), governing access to and use of the website located at subconscious.dev, the Subconscious platform, inference API, Team Token Plans, dedicated deployments and related services (collectively, the "Services").

By creating an account or accessing the Services, you accept these Terms and acknowledge the Privacy Policy. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. Where you and Subconscious have executed a separate written agreement, that agreement controls to the extent it conflicts with these Terms.

2. Zero Data Retention and Customer Content

2.1 Definitions

"Customer Content" means all prompts, inputs, files, images and other material you submit to the Services, together with all outputs the Services generate in response. "Usage Data" means counts of input, output and cached tokens and associated request metadata, and does not include Customer Content.

2.2 Zero Data Retention

Subconscious maintains a zero data retention policy for all Customer Content. Subconscious processes Customer Content solely to fulfill the request in which it is submitted and does not store or retain Customer Content after that request is complete.

2.3 No Logging or Access

Subconscious does not log any Customer Content. Customer Content is not accessible to any Subconscious employee or contractor, during processing or after.

2.4 Caching

To support its caching optimizations, Subconscious may retain cache data within its infrastructure for a maximum of 24 hours from creation. Cache data is stored solely in an encoded, non-human-readable format that Subconscious personnel cannot access.

2.5 No Training

Subconscious will not use Customer Content or cache data to train or fine-tune any model.

2.6 Usage Data

The only data Subconscious records in connection with your requests is Usage Data, which Subconscious uses for billing, capacity planning and your usage reporting.

2.7 Ownership

As between you and Subconscious, you own all Customer Content. You grant Subconscious only the limited right to process Customer Content as necessary to provide the Services.

2.8 Third Parties

Subconscious will not disclose Customer Content to any third party other than the compute and infrastructure providers necessary to operate the Services, as listed on our Subprocessors page. Each such provider is bound by the restrictions set out in this Section 2.

2.9 Customer Records

Because Subconscious retains no copy of Customer Content, Subconscious cannot recover any prompt or output. You are responsible for maintaining your own records of Customer Content.

3. The Services

Subconscious provides inference services for long-running AI agents, including access to hosted models through an API compatible with the OpenAI and Anthropic formats and deployments within Subconscious's cloud or a customer's environment. The Services are intended for business use, and you must be at least 18 years of age to use them.

4. Accounts and Credentials

You will provide accurate and complete account information and keep it current. You are responsible for safeguarding your credentials and API keys and for all activity conducted under them. You will notify Subconscious promptly at security@subconscious.dev of any suspected unauthorized use and revoke any compromised key.

5. Acceptable Use

You will use the Services in compliance with applicable law. You will not:

  • resell raw access to the API as a standalone product without Subconscious's written agreement;
  • reverse engineer, decompile or attempt to extract the source code, model weights or underlying components of the Services;
  • circumvent any rate limit, spend limit, access control or security measure;
  • test the security of, or interfere with, the Services without Subconscious's prior written consent;
  • use the Services to create or distribute malware, child sexual abuse material, or any content that infringes the rights of others or violates applicable law; or
  • share account credentials with any person outside your organization.

6. Fees and Payment

6.1 Fees

Usage-based fees are charged at the list prices published on the pricing page or at the rates set out in an applicable order form. Subscription plans and dedicated deployments are billed as stated at purchase or in the applicable order form. All fees are stated in U.S. dollars.

6.2 Changes to List Prices

Subconscious may change its list prices at any time, at its sole discretion. Changes take effect when posted to the pricing page and apply to all usage incurred after that time. Your continued use of the Services after a change constitutes acceptance of the revised prices. Rates fixed for a stated term under an executed order form or agreement are not affected by changes to list prices during that term.

6.3 Payment Methods

Unless otherwise agreed in writing, fees are charged to the payment method on file for your account. Invoiced billing is available to high-volume customers at Subconscious's discretion under an executed order form, with payment terms as stated in that order form. To request invoiced billing, contact info@subconscious.dev.

6.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, other than taxes on Subconscious's income.

6.5 Late Payment

Subconscious may suspend the Services for overdue amounts after providing written notice.

7. Rate Limits and Model Availability

Your account is subject to the rate limits displayed in the platform. Subconscious may add models to the Services at any time and may retire a model on 30 days' notice to paying customers, except where earlier withdrawal is required for legal, security or safety reasons.

8. Outputs

Outputs are generated by machine learning models and may be inaccurate, incomplete or similar to outputs provided to others. You are solely responsible for evaluating outputs before relying on them.

9. Intellectual Property

Subconscious and its licensors own all right, title and interest in the Services, including all software, runtime technology, documentation and trademarks. No rights are granted to you other than the right to use the Services in accordance with these Terms. Subconscious may use any feedback you provide without obligation to you.

10. Confidentiality

Each party will protect the other party's non-public information, including non-public pricing terms, using at least reasonable care, and will use such information only for purposes of these Terms.

11. Suspension and Termination

You may discontinue use of the Services and close your account at any time. Subconscious may suspend or terminate your access if you materially breach these Terms, fail to pay amounts due, or use the Services in a manner that presents a security or legal risk, and will provide notice in advance where practicable. You remain responsible for all fees incurred through the effective date of termination. Sections 2, 9, 10 and 12 through 17 survive termination.

12. Disclaimer of Warranties

Except for the commitments expressly stated in these Terms, the Services are provided "as is" and "as available." To the maximum extent permitted by law, Subconscious disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Services will be uninterrupted or error-free.

13. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue or data. Each party's aggregate liability arising out of or relating to these Terms will not exceed the fees paid or payable by you to Subconscious in the 12 months preceding the event giving rise to the claim. These limitations do not apply to breaches of confidentiality, your payment obligations or your indemnification obligations.

14. Indemnification

You will defend, indemnify and hold harmless Subconscious from and against any third-party claim arising from your Customer Content or from your use of the Services in violation of these Terms or applicable law.

15. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. The state and federal courts located in Boston, Massachusetts have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to that jurisdiction.

16. Amendments

Subconscious may amend these Terms by posting the revised Terms on this page with a revised effective date. Subconscious will notify account holders by email of material amendments before they take effect. No amendment will reduce the protections of Section 2 for existing customers without their consent.

17. General Provisions

These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between the parties regarding their subject matter. You may not assign these Terms without Subconscious's prior written consent, except to a successor in connection with a merger or sale of substantially all of your business. If any provision is held unenforceable, the remaining provisions remain in full force and effect. No failure to enforce any provision constitutes a waiver. Neither party is liable for delay or failure in performance caused by events beyond its reasonable control.

18. Contact Information

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