- Operating Entity:NiceCloud LLC (a limited liability company organized and existing under the laws of the State of Colorado, United States of America, referred to as “NiceCloud,” “we,” “us,” or “our”)
- Covered Products:claudeapi.com website, console.claudeapi.com console, ClaudeAPI API gateway, documentation, Playground, and all related ancillary services (collectively, the “Service”)
- Version:v1.1
- Effective Date:May 24, 2026
- Last Updated:May 24, 2026
- Contact:[email protected] (Legal), [email protected] (Customer Support), [email protected] (Privacy), [email protected] (DMCA)
Important Notice (Please Read Carefully Before Use)
- The Service is operated in the United States by NiceCloud LLC, a U.S. company. The Service’s core infrastructure, servers, databases, logging systems, payment systems, and customer support systems are primarily hosted in Amazon Web Services regions in the United States and other jurisdictions where our service providers operate. By using the Service, you understand that your data may be transferred to, stored in, and processed in countries other than your country of residence.
- The Service is not offered to users in mainland China (excluding the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan), and NiceCloud does not conduct any business operations, promotion, or public service activities within mainland China. If you are located in mainland China, you must immediately stop accessing the Service and must not register, top up, or use the Service.
- NiceCloud is an independent third-party API access and routing provider. NiceCloud has no agency, authorization, partnership, sponsorship, reseller, or distribution relationship with Anthropic, PBC, Amazon Web Services, Inc., OpenAI, or any other upstream model or cloud service provider. “Claude,” “Anthropic,” “Claude Code,” and related marks are owned by Anthropic, PBC. The Service refers to these names only for nominative fair use, to identify upstream models that may be accessible through the Service.
- This Agreement contains mandatory individual arbitration, class action and class arbitration waivers, a jury trial waiver, and limitations of liability. Please read carefully Section 18 (Dispute Resolution), Section 14 (Limitations of Liability), Section 15 (Indemnification), and other provisions that may materially affect your rights before accepting this Agreement. We have brought these provisions to your attention through bold text, red text, pop-up notices, or similar means.
- By registering, logging in, creating an API Key, topping up, calling any interface of the Service, or otherwise using the Service, you are deemed to have fully read, understood, and agreed to this Agreement, the ClaudeAPI Privacy Policy, and all upstream service terms incorporated by reference into this Agreement. If you do not agree to any part of this Agreement, you must immediately stop using the Service.
Section 1. Parties and Scope
1.1 These ClaudeAPI Terms of Service (this “Agreement”) are entered into by and between NiceCloud LLC (registered in the State of Colorado, United States of America; registered agent and company registration number as published by the Colorado Secretary of State) and each user who accesses, registers for, logs into, or uses the Service (“User” or “you”). This Agreement constitutes a complete and legally binding agreement between you and NiceCloud.
1.2 This Agreement, the ClaudeAPI Privacy Policy, the ClaudeAPI Acceptable Use Policy (the “AUP”), and rules and policy documents that may be published from time to time on the website or console, including the Refund Policy, SLA Description, Data Processing Description, Billing Rules, Announcements, and Community and Support Guidelines, are integral parts of this Agreement and have the same legal effect. If these rules conflict, this Agreement controls, except that the ClaudeAPI Privacy Policy controls with respect to the processing of personal information.
1.3 If you use the Service on behalf of a company, organization, or other entity, you represent and warrant that you have full authority to accept this Agreement on behalf of that entity, and both that entity and you personally must comply with this Agreement.
1.4 The Service is intended for developers, enterprises, and organizational users with full legal capacity. The Service is not offered to individuals under the age of 18.
Section 2. Service Description
2.1 Service positioning. NiceCloud is a third-party AI model aggregation and routing gateway provider. Through a unified interface, NiceCloud provides developers with API gateway access, Base URL, API Key management, usage metering and billing, console features, model lists, call logs, Playground, documentation, status page, technical support, wallet top-ups, invoice management, profile center, and related functions. NiceCloud does not develop, train, or own any underlying large language model. NiceCloud acts only as a technical intermediary that provides routing, forwarding, metering, billing, and observability for communications between you and upstream model providers.
2.2 Underlying technical architecture. The Service is primarily based on the following categories of upstream services:
- Amazon Bedrock: a managed foundation model service provided by Amazon Web Services, Inc. (“AWS”) in U.S. and other non-China regions. Your calls to Claude-series models through the Service may be inferred by AWS Amazon Bedrock in its selected regions. As of the effective date of this Agreement, AWS publicly states that customer content is encrypted at rest only in the AWS region selected by the customer; AWS and third-party model providers do not use your inputs or outputs to train Amazon Nova, Amazon Titan, or any third-party model; and user inputs and model outputs are not shared with any model provider.
- Anthropic API: Claude-series models provided by Anthropic, PBC through its commercial API. Anthropic’s Commercial Terms of Service publicly state: “Anthropic may not train models on Customer Content from Services.” Except for feedback that you voluntarily submit, Anthropic by default does not use inputs or outputs from the commercial API to train any model.
2.3 Pass-through incorporation of upstream terms. When you call any upstream model through the Service, you must comply not only with this Agreement but also with the then-current service terms and acceptable use policies of the applicable upstream provider, including:
- Anthropic Commercial Terms of Service (https://www.anthropic.com/legal/commercial-terms);
- Anthropic Usage Policy / Acceptable Use Policy (https://www.anthropic.com/legal/aup);
- AWS Customer Agreement (https://aws.amazon.com/agreement/);
- AWS Service Terms, including the Amazon Bedrock section (https://aws.amazon.com/service-terms/);
- AWS Acceptable Use Policy (https://aws.amazon.com/aup/);
- similar policies published from time to time by other upstream providers.
The upstream terms above are incorporated into this Agreement by reference and are binding on you. If an upstream term conflicts with this Agreement, the stricter requirement of the upstream term controls with respect to the relevant upstream model. Anthropic, AWS, and other upstream providers are third-party beneficiaries of Section 5 (Prohibited Conduct), Section 7 (User Content and Upstream Processing), Section 14 (Limitations of Liability), and Section 15 (Indemnification), and may enforce those provisions directly in their own names.
2.4 Statement of non-official relationship. NiceCloud is not an official agent, official reseller, authorized provider, affiliate, subsidiary, joint venture partner, or strategic partner of Anthropic, AWS, OpenAI, Google, Meta, Mistral, or any other model or cloud service provider. You may not use statements such as “officially authorized by Anthropic,” “official Claude agent,” “Anthropic mainland China agent,” “Anthropic strategic partner,” “official AWS partner,” or any similar unverified official endorsement in external marketing, website copy, product pages, advertisements, app store descriptions, community messages, or other public materials.
2.5 Service availability. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Unless the parties enter into a separate written SLA, NiceCloud does not promise that the Service or any specific model will be continuously available, uninterrupted, error-free, delay-free, omission-free, or suitable for your particular purpose.
Section 3. User Eligibility and Geographic Restrictions
3.1 Age requirement. You represent and warrant that you are at least 18 years old and have full legal capacity. The Service is not offered to individuals under the age of 18. If we discover such use, we will immediately terminate the use and delete the relevant account data.
3.2 Geographic Availability. The Service is available only in jurisdictions where NiceCloud and its upstream providers are permitted to provide access. You may not register for, access, or use the Service, or make the Service available to your end users, if you are located in, ordinarily reside in, are incorporated or established in, or are owned or controlled by persons or entities from any jurisdiction not supported by the applicable upstream provider’s Supported Regions Policy, or where access is prohibited by U.S. sanctions, export controls, upstream provider requirements, or other applicable law.
If NiceCloud reasonably determines that your access or use violates this Section, NiceCloud may refuse to provide the Service, suspend or terminate your account, disable API Keys, restrict model access, reclaim Credits where permitted by this Agreement, and refuse refunds.
3.3 Sanctions and export controls. You represent and warrant that:
- you, the entity you represent, and its controlling persons and beneficial owners are not listed on the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) SDN List, Foreign Sanctions Evaders List, Sectoral Sanctions Identifications List, the U.S. Department of Commerce Bureau of Industry and Security (BIS) Entity List, Denied Persons List, Unverified List, or any other U.S. government sanctions or export control list;
- you are not located in any country or region subject to comprehensive U.S. government sanctions, such as Cuba, Iran, North Korea, Syria, Crimea, the Luhansk People’s Republic (LNR), or the Donetsk People’s Republic (DNR);
- you will not directly or indirectly export, re-export, or transfer the Service, outputs from the Service, or any technical materials to the sanctioned parties or regions above, and you will not use them for any purpose prohibited by the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), or other U.S. export control laws, including the development of nuclear, chemical, biological, missile, or CBRN weapons;
- you will independently comply with all data, privacy, AI, and telecommunications laws applicable in your jurisdiction.
3.4 No circumvention. You may not use a VPN, proxy, Tor, false information, or any other technical or non-technical means to circumvent the eligibility, geographic, or sanctions restrictions in this Section. Any such circumvention is a material breach. NiceCloud may immediately terminate your account, reclaim any remaining Credits balance, refuse refunds, and reserve the right to report the matter to competent law enforcement authorities.
3.5 Your own compliance obligations. By voluntarily accessing, registering for, paying for, and using the Service, you are deemed to have independently evaluated and completed all compliance obligations in your jurisdiction relating to subscription to overseas services, cross-border data transfers, foreign exchange payments, personal information processing, AI applications, content distribution, and similar matters. You are solely responsible for any consequences arising from your violation of local laws or regulations, and NiceCloud assumes no liability.
3.6 Refusal-of-service list. In addition to the geographic and sanctions restrictions in Sections 3.2 and 3.3, NiceCloud separately maintains a list of industries and customer types for which service will be refused, and may update and publish that list on the website or console from time to time. For any industry, use case, or customer type on that list, NiceCloud may refuse registration, refuse to enable API Keys, or terminate existing services. The list includes: (i) entities that use or primarily support the use of the Service for conduct absolutely prohibited by Section 5.2; (ii) industries such as adult pornography, online gambling, drugs and controlled goods, and weapons or ammunition transactions; (iii) businesses engaged in telecom and internet fraud, fake orders or fake traffic, disinformation, or opinion manipulation; (iv) entities operating account pools, API relays, resale, carpooling, or similar models in violation of Section 4.4; and (v) entities to which service may not be provided under sanctions, export controls, or upstream provider requirements. Industries or uses not listed are not thereby permitted or implicitly approved by us.
Section 4. Account Registration and Security
4.1 Accuracy of registration information. You must provide true, accurate, complete, lawful, and current registration, login, contact, payment, and invoice information as prompted on the relevant pages. You are responsible for service exceptions, failed notices, failed invoicing, or loss of rights caused by untrue, inaccurate, or outdated information. One person or organization may maintain only one account unless we give written consent.
4.2 Credential security. You must properly safeguard your account, password, multi-factor authentication (MFA) credentials, API Keys, access tokens, Webhook secrets, third-party tool configurations (including configuration files for command-line or IDE tools such as Claude Code, Cline, Cursor, OpenCode, and CC Switch), and other authentication credentials. All activity through your account or API Key is deemed to be activity by you or authorized by you, unless you can prove that the activity resulted from NiceCloud’s systemic fault.
4.3 Confidentiality of credentials. You may not publicly disclose a complete API Key in any manner, including by submitting it to a public repository on GitHub, GitLab, Bitbucket, or other code hosting platforms; uploading it to Pastebin, Gist, or document-sharing platforms; publishing it on webpages, blogs, technical articles, video tutorials, screenshots, or screen recordings; sending it in public chat groups, social media, or customer support ticket attachments; or embedding it in mobile apps or frontend browser JavaScript code. You are solely responsible for balance consumption, abuse, upstream penalties, or third-party losses caused by your failure to safeguard API Keys, and consumed fees will not be refunded.
4.4 No account sharing or account pools. Without NiceCloud’s written consent, you may not sell, rent, lend, transfer, share, sublicense, publicly publish, or otherwise provide your account, API Keys, access tokens, subscription benefits, or remaining Credits to any third party. You may not package the Service as an external API relay, account pool, carpooling service, aggregation service, forwarding service, mirror, SaaS product, or competing service.
4.5 NiceCloud’s enforcement rights. For security, risk-control, compliance, non-payment, abuse, upstream model provider requirements, regulatory requirements, or reasons stated in this Agreement, NiceCloud may take measures regarding accounts, API Keys, tokens, model access, top-ups, log exports, or other functions, including reminders, MFA, rate limits, restrictions, suspensions, disabling, deletion, and termination. Where necessary, NiceCloud may act immediately without prior notice. NiceCloud may take the measures above if it reasonably believes a violation has occurred.
4.6 Associated accounts. If you register or control multiple accounts to evade bans, obtain promotional Credits, bypass rate limits, circumvent geographic restrictions, or for other improper purposes, NiceCloud may take measures against all related accounts, including suspension, termination, reclaiming unused promotional Credits, and refusing refunds.
4.7 Dormant accounts. If an account has no login or call activity for 12 consecutive months, NiceCloud may terminate the account and clear related data after reasonable notice. Unused Credits will be handled in accordance with Section 8.6 of this Agreement.
4.8 Use-case and application statement. When registering an account or applying for or creating an API Key, you must truthfully and completely describe your application scenario, industry, and primary use as required by the relevant page, and must promptly update that information if it materially changes. You represent and warrant that the use description you submit is true and accurate, and that your actual use will not exceed the declared scope. NiceCloud may conduct a risk assessment based on your use description and decide whether to provide, restrict, or refuse the Service. Providing a false use description, or materially using the Service in a manner inconsistent with the declared use, is a breach, and NiceCloud may take measures under Section 5.5.
Section 5. Acceptable Use Policy and Prohibited Conduct
5.1 You agree to use the Service only for lawful, compliant, proper purposes permitted by this Agreement and upstream policies. In addition to the prohibited conduct listed in this Section and upstream AUPs, NiceCloud may publish supplemental Acceptable Use Policy rules on the website or console, which will be binding on you as an attachment to this Agreement.
5.2 Absolutely prohibited conduct. You must not directly use the Service, or allow others, including your end users, to use the Service, to engage in or assist any of the following:
A. Violations of law and upstream policies
- violating U.S. federal or state law, the laws of your location, the laws of an upstream provider’s location, or any other applicable law or regulation;
- violating any upstream provider’s service terms or acceptable use policy, including all prohibited items in the then-current Anthropic Usage Policy.
B. Harm to critical infrastructure and public safety
- harming or attempting to harm critical infrastructure, including power grids, water treatment, medical devices, telecommunications, air traffic control, voting systems, medical databases, financial markets, military systems, and traffic control systems;
- using the Service for the research, design, manufacture, acquisition, or use of nuclear, chemical, biological, radiological (CBRN), or other weapons of mass destruction, high-yield explosives or their precursor materials, or delivery systems;
- designing or deploying automated systems that directly cause personal injury or death.
C. Cyberattacks and platform abuse
- developing, distributing, or deploying malware, ransomware, botnets, remote access trojans, infostealers, keyloggers, firmware implants, or exploit code;
- conducting unauthorized penetration testing, vulnerability scanning, stress testing, credential attacks, DoS/DDoS, SQL injection, XSS attacks, or social engineering;
- conducting unauthorized jailbreaking, prompt injection, model distillation, model reverse engineering, or adversarial attacks against NiceCloud or upstream models. Security researchers who need to conduct such activity must first apply to [email protected] and obtain written authorization;
- circumventing NiceCloud’s or an upstream provider’s rate limits, paywalls, geographic restrictions, content filters, risk-control systems, or security mechanisms;
- using the Service to train any AI model that competes with NiceCloud, Anthropic, or any other upstream provider, or bulk collecting model inputs or outputs for that purpose.
D. Infringement of others’ rights
- infringing another person’s intellectual property rights, trade secrets, rights of publicity, reputation rights, privacy rights, or other lawful rights and interests;
- illegally collecting, processing, disclosing, or selling another person’s personal information, including biometric data, neural data, and facial recognition data;
- using AI to impersonate a natural person without clear disclosure;
- using the Service for doxxing, harassment, stalking, bullying, or other conduct that causes mental or physical harm to an individual.
E. Child safety
- generating, distributing, or obtaining child sexual abuse material (CSAM), including AI-generated CSAM;
- any form of sexualization or exploitation of minors, or inappropriate content involving minors, including fictional or role-play content;
- processing personal information of children under the age of 14 without valid guardian consent.
F. Extremism, fraud, and disinformation
- terrorism, violent extremism, discrimination based on protected attributes such as race, ethnicity, religion, gender, sexual orientation, disability, hate speech, or similar conduct;
- encouraging suicide, self-harm, or eating disorders; animal abuse; unnecessary graphic content, including depictions of sexual violence; creating, generating, or distributing adult pornography or sexually explicit content, or soliciting pornography or sex-trade services. Content involving minors is separately covered by item E of this Section and is absolutely prohibited;
- mass creation or distribution of fake news, medical, health, or scientific misinformation, deepfake videos, forged identity documents, forged bills or invoices, telecom fraud, pyramid schemes, phishing websites, fake reviews, fake orders, or fake traffic;
- election manipulation, personalized political persuasion, synthetic media impersonating political figures, or voter suppression.
G. High-risk uses in regulated industries
- directly using the Service for medical diagnosis, clinical decisions, psychotherapy, legal advice, judicial decisions, administrative penalty decisions, credit approval, insurance underwriting, hiring or firing, housing allocation, educational evaluation, academic grading, news reporting, autonomous driving, critical infrastructure control, or weapons systems without review by a qualified human professional and without clearly disclosing AI involvement to end users;
- processing protected health information (PHI), payment card data (PCI DSS data), information about children covered by the Children’s Online Privacy Protection Act (COPPA), or EU special categories of personal data, unless you have entered into a separate written data processing agreement (DPA), business associate agreement (BAA), or equivalent compliance agreement with NiceCloud.
H. Platform and commercial order
- reselling, sublicensing, or redistributing the Service or API access, except for channel distribution authorized in writing by NiceCloud;
- using AI to mass-generate fake accounts, obtain invitation-code rewards, engage in reward arbitrage, or manipulate top-up bonus campaigns;
- intentionally providing incorrect country or region information that causes NiceCloud to report incorrectly to upstream providers or violates upstream geographic permissions;
- disparaging, defaming, or making false statements about the relationship between NiceCloud and upstream providers;
- any other conduct that may harm NiceCloud, upstream providers, other users, or the public interest.
5.3 Human review and disclosure obligations for high-risk uses. Even if your use is not absolutely prohibited by this Section, if it falls within a regulated or high-impact scenario, including those listed in Section 5.2(22), you must:
- arrange review by a qualified human professional (human-in-the-loop);
- clearly disclose to end users at the start of each interaction or session that they are interacting with an AI system;
- provide end users with risk notices, appeal channels, and a fallback mechanism for human service;
- assume full responsibility for all consequences caused by inaccurate or biased AI outputs, and indemnify NiceCloud for them.
5.4 Identification of AI-generated content. As the publisher or external provider of AI-generated content, you must independently comply with labeling, watermarking, filing, risk notice, and other compliance obligations under the laws applicable in your jurisdiction, such as relevant U.S. state laws, the EU Artificial Intelligence Act, and AI-generated content labeling and disclosure requirements in other regions. You may not state, imply, or allow others to mistakenly believe that AI-generated content was created by a human.
5.5 Escalating enforcement measures. Depending on the severity of a violation, NiceCloud may take the following measures against you:
- Minor: block the violating request, issue a warning, or require remediation;
- General: apply rate limits, lower priority, suspend access to some models, or temporarily freeze some functions;
- Serious: suspend the account, reclaim unused promotional Credits, and disable all API Keys;
- Especially serious: permanently terminate the account, reclaim all remaining Credits balance without refund, preserve evidence, notify upstream providers, report to competent law enforcement or regulatory authorities, and pursue civil or criminal liability.
5.6 Appeals. If you believe that rate limits, suspension, termination, reclaiming of promotional Credits, or other measures taken against your account are erroneous, you may request manual review through [email protected] within 14 days after receiving notice of the measure or discovering it. NiceCloud will reassess within a reasonable period and inform you of the result. This paragraph does not affect NiceCloud’s right to take measures under this Agreement.
5.7 Content safety monitoring and filtering. You acknowledge and agree that, to perform platform management obligations, prevent abuse, and, where necessary, cooperate with upstream review or law enforcement, NiceCloud has the right, but not the obligation, to use automated technical measures, such as sensitive-word detection and third-party content safety interfaces, to conduct real-time content safety monitoring and screening of requests and model outputs transmitted through the Service, and to block, throttle, or refuse requests identified as illegal, non-compliant, or high-risk. This monitoring is for abuse detection and compliance purposes and does not change the default non-persistence commitment in Section 7.5. NiceCloud’s deployment of these measures does not create an obligation to manually review user content item by item, nor does it make NiceCloud liable for content that it fails to identify or block in time.
Section 6. API Keys, Base URL, and Third-Party Tools
6.1 NiceCloud will provide you through the console with the Base URL, API Keys, Tokens, and related SDKs, CLIs, IDE plugins, documentation, and examples. You must decide independently whether to use any third-party tool, including Claude Code, Cline, Cursor, OpenCode, and CC Switch, after understanding the command source, execution environment, permission scope, and potential risks.
6.2 Assumption of local tool risks. Third-party developer tools are provided by their respective developers and are independently subject to their own license terms, privacy policies, and security practices. NiceCloud makes no warranty and assumes no liability for the functionality, security, privacy practices, or access to your local code and files by such third-party tools.
6.3 You must keep API Keys in secure environments, such as environment variables, key management services, or operating system keychains, and must not hard-code them into client code, mobile apps, frontend JavaScript, container images, public repositories, or locations accessible from the public internet.
6.4 NiceCloud may revoke, rotate, or reset API Keys at any time for security reasons and notify you through the console or by email.
6.5 NiceCloud may impose rate limits, concurrency limits, or quota limits on your API calls for system stability, fair use, risk control, or upstream restrictions, and may publish the relevant rules in the console or documentation.
Section 7. User Content, Model Outputs, and Training Use
7.1 Definitions. In this Agreement, “User Content” includes: (i) prompts, system prompts, messages, files, images, audio, video, context, parameters, embedding data, vectors, code snippets, and other inputs that you submit to the Service through the API, console, Playground, or support tickets (“Inputs”); and (ii) text, code, structured data, tool calls, embeddings, image descriptions, and other outputs returned by models (“Outputs”).
7.2 Ownership. To the extent permitted by applicable law, you retain all rights you lawfully hold in your Inputs and Outputs. NiceCloud does not claim ownership of your Inputs or Outputs. Copyright ownership and permitted uses of Outputs are also subject to the then-current terms of upstream providers, such as the arrangements regarding outputs in Anthropic’s commercial terms.
7.3 Limited processing license. To provide the Service, you grant NiceCloud a worldwide, non-exclusive, royalty-free, non-sublicensable, revocable, limited license solely to:
- receive, parse, route, and forward your requests to the upstream model you select, and return the output from the upstream provider to you;
- perform transient caching to complete processing of the current request;
- perform metering, billing, call logging, error diagnosis, risk-control determinations, abuse detection, and security audits;
- generate service performance, availability, and cost statistics in fully de-identified and aggregated form;
- process content you voluntarily submit through support tickets, customer service, community, or feedback channels for troubleshooting and service improvement.
7.4 Zero-training commitment. NiceCloud itself will not use your Inputs or Outputs to train, fine-tune, distill, or evaluate any AI model, and will not sell your Inputs or Outputs to any third party.
7.5 No long-term retention by default. By default, NiceCloud will not persistently store complete user Inputs, model Outputs, code snippets, or generated content as long-term business records. NiceCloud processes such content only for the shortest necessary period in necessary steps such as routing, transient caching, and risk-control determinations. NiceCloud retains long-term only necessary call metadata, such as timestamp, selected model, token counts, HTTP status code, cost, API Key identifier, request ID, and source IP digest, for billing, audit, security protection, and legal compliance. Optional enabling of full logs, retention periods, and disabling methods are described in the ClaudeAPI Privacy Policy.
7.6 Exceptions. NiceCloud may temporarily record part or all of requests or responses in the following circumstances: (i) you voluntarily submit them to support tickets or customer service for troubleshooting; (ii) risk-control or compliance rules are triggered and an audit is required; (iii) an upstream provider requests relevant records from NiceCloud for security review; (iv) law, a court order, or a law enforcement authority lawfully requires it; or (v) it is necessary to handle billing objections, refund disputes, or third-party complaints.
7.7 Upstream processing. After your Inputs and Outputs are forwarded to upstream model providers, the upstream providers process them according to their respective service terms and privacy policies. NiceCloud has obtained no-training commitments through the terms of the Anthropic commercial API and AWS Amazon Bedrock, but upstream processing practices may change as their policies are updated.
7.8 Feedback license. NiceCloud may use feedback, suggestions, bug reports, feature requests, and improvement comments that you voluntarily submit to NiceCloud, worldwide, perpetually, irrevocably, and without paying you any fee, to improve products and services. NiceCloud does not thereby obtain ownership of personal information or trade secrets contained in your feedback.
7.9 Disclaimer regarding output accuracy. AI model outputs may be inaccurate, incomplete, outdated, fabricated (hallucinated), biased, unsafe (including code with security vulnerabilities or license incompatibilities), or unsuitable for your specific purpose. You must independently evaluate, review, and test Outputs, and must not use Outputs as the sole basis for medical, legal, financial, security, production, or other high-risk decisions without human review and professional judgment.
7.10 Warranties regarding User Content. You represent and warrant that: (a) you have all rights necessary to submit and use your Inputs, or have obtained sufficient authorization from the rights holder; (b) your Inputs, and your copying, publishing, distribution, or other downstream use of Outputs, do not infringe any third party’s intellectual property rights, trade secrets, publicity rights, privacy rights, or other lawful rights and interests; and (c) your Inputs and downstream use based on Outputs do not violate any applicable law or upstream policy. Any third-party claim, complaint, investigation, or loss arising from your breach of any warranty in this paragraph is subject to your defense and indemnification obligations to NiceCloud under Section 15 of this Agreement.
Section 8. Billing, Top-Ups, Credits, Refunds, and Invoices
8.1 Prepaid Credits model. The Service uses a prepaid Credits model. You must top up your wallet account according to the latest price list shown in the console before calling the API. NiceCloud deducts fees in real time based on multiple factors, including model, request volume, input/output/cache tokens, context length, tool call count, image/file/audio processing volume, upstream cost, currency, and payment channel.
8.2 Legal nature of Credits. Credits are prepaid units of account for service consideration. They are not cash, stored-value cards, electronic money, transferable instruments, or withdrawable assets. Without NiceCloud’s written consent, Credits may not be transferred, sold, lent, withdrawn, or used for any purpose outside the Service.
8.3 Price adjustments. NiceCloud may adjust prices, model availability, and billing rules based on upstream costs, exchange rates, payment channel fees, market conditions, compliance requirements, or service strategy. For material price changes adverse to you, NiceCloud will provide at least 14 days’ prior notice through console announcements, email, or in-site messages, except in urgent security, compliance, or upstream-change scenarios. Prices for newly launched models may initially be higher than upstream official pricing and may be reduced when supply improves.
8.4 Taxes and exchange rates. Unless NiceCloud’s quotation expressly includes taxes, you are additionally responsible for any sales tax, value-added tax, consumption tax, withholding tax, and similar taxes. If withholding tax applies, you must gross up the payment so that the amount actually received by NiceCloud is not reduced by withholding tax. Exchange rates are determined by the payment channel and the rates published on the Service page.
8.5 Refund policy.
- No refunds by default: all top-ups and subscriptions are final by default, and consumed Credits are never refundable.
- 24-hour no-call refund window: if no successful API call has occurred within 24 hours after your top-up, and you have not received any promotional or discounted benefit, you may request a refund of the unused amount actually topped up. The refund will deduct payment channel fees, exchange-rate losses, taxes corresponding to issued invoices, and a 5% platform processing fee, with a minimum of USD 1.
- Non-refundable circumstances: (i) if NiceCloud enables cryptocurrency payment channels in the future, amounts paid in cryptocurrency will not be returned to the original payment method; if such amounts are refundable under Section 8.5(d) or 8.5(f), NiceCloud will return them to your wallet account in the form of USD-denominated service Credits; (ii) Credits obtained through gifts, campaigns, coupons, invitation rewards, or promotional rewards are not refundable; (iii) consumed Credits are not refundable; (iv) remaining Credits in an account terminated because you violated this Agreement are not refundable; (v) remaining Credits are not refundable if you are found to have violated the geographic or sanctions provisions of Section 3; (vi) billed subscription periods are not refundable; and (vii) corresponding amounts are not refundable if you unilaterally initiate a chargeback or payment platform complaint without first communicating with NiceCloud to resolve the issue.
- Compensation for NiceCloud fault: if NiceCloud makes an obvious pricing error, such as mismatched model pricing, or the Service clearly fails to meet the standards stated in this Agreement or a separate SLA, and the issue is verified, NiceCloud will compensate by refunding the overcharged amount or actual loss through the original payment path.
- Credits validity period: unused Credits expire 365 days after the last top-up. NiceCloud will remind you by email 30 days before expiration.
- Site-wide extended unavailability fallback: if all upstream models for the Service are completely unavailable for more than 24 consecutive hours, you may request a proportional refund without the processing fee for the affected period. Failure of a single upstream provider or a single model does not apply.
- Case-by-case handling of upstream interruption: if an upstream provider’s policy adjustment, authorization change, geographic restriction, account-level restriction, or technical reason causes a specific customer to be unable to continue calling the upstream model it primarily uses, and NiceCloud cannot provide that customer with a functionally equivalent alternative model within a reasonable period, then, provided the customer has not violated Section 3 or Section 5, the customer may request a proportional refund of affected and unused Credits, or request that such Credits be returned to its wallet account without interest. This paragraph does not apply to upstream penalties or bans caused by the customer’s own breach.
8.6 Refund process and timing.
- Refund requests must be submitted through the console or to [email protected], with supporting materials such as transaction records, order numbers, and charge screenshots;
- NiceCloud will acknowledge receipt within 1 business day, verify and complete ordinary matters within 3 business days, and complete complex cross-channel matters within up to 7 business days;
- After a refund is approved, funds will be returned through the original payment path within 5-10 business days. Amounts paid in cryptocurrency, if applicable, will be handled under Section 8.5(c)(i);
- Transaction disputes must be raised within 30 days after the transaction date. Failure to do so is deemed a waiver of objection.
8.7 Non-payment and abnormal activity. If you are overdue in payment, have a negative balance, have abnormal transactions, present fraud risk, have a chargeback dispute, or violate payment channel rules, NiceCloud may immediately suspend or terminate the relevant services and charge liquidated damages on overdue amounts at 0.05% per day until full payment is made. NiceCloud may retain the account, pursue the debt, and submit relevant records to payment channels and collection agencies.
8.8 Invoices. If you need an invoice, you must submit true, accurate, and complete invoice information as required by the relevant page, including legal billing name, tax ID, address, phone number, and recipient email address. NiceCloud issues invoices only to the extent permitted by applicable law and cooperating payment channels. Amounts corresponding to issued invoices are never refundable. Discount amounts, promotional Credits, and campaign rewards are not invoiced.
8.9 Third-party payment channels. NiceCloud processes payments through third-party payment channels such as Stripe, PayPal, Wise, and Mercury. NiceCloud may enable cryptocurrency payment channels in the future and will publish applicable rules separately at that time. These channels are independently subject to their own terms and privacy policies. NiceCloud is not responsible for their acts, but will reasonably assist you in handling payment disputes.
Section 9. Service Availability, Maintenance, and Changes
9.1 NiceCloud uses commercially reasonable efforts to maintain stable operation of the Service. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Unless the parties agree otherwise in a written SLA, NiceCloud makes no guarantee regarding service continuity, availability, specific latency, specific accuracy, or fitness for a particular business objective.
9.2 The following may cause service interruption, degradation, delay, failure, price changes, model removal, or abnormal results: system maintenance, network failures, payment channel issues, changes by upstream model providers, including upstream rate limits, account suspension or bans, geographic adjustments, model removal, suspension decisions by Anthropic or AWS, third-party service failures, attacks, abuse, compliance requirements, force majeure, or other events beyond NiceCloud’s reasonable control. NiceCloud is not liable for losses caused by these circumstances.
9.3 Model lifecycle. NiceCloud may add, adjust, suspend, or discontinue models based on upstream policies and business circumstances. For deprecation of non-experimental models, NiceCloud will use reasonable efforts to provide a transition period of at least 14 days. Experimental, Beta, or preview models may be removed at any time without notice.
9.4 Service changes. NiceCloud may add, modify, suspend, or discontinue some functions, documentation, payment methods, logging capabilities, support channels, or interface parameters based on business, technical, security, compliance, or upstream requirements. Material changes adverse to you will be notified through reasonable means such as website announcements, console prompts, in-site messages, or email.
Section 10. Call Logs, Export, and Technical Support
10.1 To provide billing, troubleshooting, security, risk-control, and customer support, NiceCloud may display call logs and consumption records in the console, including metadata such as call time, model, token count, cost, HTTP status code, API Key identifier, error information, and request ID.
10.2 Log details and CSV exports may contain sensitive business information. You should authorize only trusted personnel to access the console, view logs, or export data, and you are responsible for storage, transmission, use, and deletion after export.
10.3 When you contact customer support, NiceCloud may ask you to provide account identifiers, error time, model name, request method, Request ID, error code, or partial log screenshots. You should avoid sending complete API Keys, account passwords, private data, trade secrets, PHI/PCI data, or other unnecessary sensitive information to customer support or community channels.
10.4 Support channels, response times, and service levels are as displayed on the relevant pages or as separately agreed in writing by the parties. Unless there is a separate written SLA, NiceCloud does not promise any specific response time or that any issue will necessarily be resolved.
Section 11. Intellectual Property
11.1 Intellectual property rights in the NiceCloud website, console, user interface, documentation, code examples, brands, trademarks (including the “ClaudeAPI” and “NiceCloud” word and design marks), icons, designs, database structures, software, API specifications, business processes, derivative data (including aggregated performance metrics, model routing statistics, abuse detection signals, and security intelligence), and other platform assets are owned by NiceCloud or the relevant rights holders and are protected by U.S. and international copyright, trademark, and other intellectual property laws.
11.2 Without NiceCloud’s written permission, you may not copy, modify, translate, adapt, rent, sell, distribute, reverse engineer, scrape, mirror, or otherwise use NiceCloud’s platform content or technical assets, except for code examples expressly permitted in the documentation for connecting to the Service.
11.3 Your feedback provided to NiceCloud is handled in accordance with Section 7.8 of this Agreement.
11.4 Third-party intellectual property. “Claude,” “Anthropic,” “Claude Code,” “AWS,” “Amazon Bedrock,” “OpenAI,” “GPT,” “Gemini,” “Google,” and similar trademarks and marks are owned by their respective owners. NiceCloud refers to these names only within the scope of nominative fair use. You may not use these trademarks in your product or marketing in any manner that may cause confusion.
Section 12. Privacy and Data Protection
12.1 NiceCloud processes your personal information, call metadata, logs, and other relevant data in accordance with the ClaudeAPI Privacy Policy. The ClaudeAPI Privacy Policy is incorporated into this Agreement by reference.
12.2 Before processing another person’s personal information, customer data, sensitive data, or regulated data through the Service, you must independently ensure that you have obtained sufficient authorization and completed necessary notices, assessments, contractual arrangements, and security protections. Your obligations as a data controller, processing-entrusting party, processor, or personal information handler do not transfer to NiceCloud because you use the Service.
12.3 Where processing involves specific personal data from the EU, UK, Switzerland, California, or other jurisdictions, you must independently assess whether you need to sign a separate data processing agreement (DPA) or standard contractual clauses (SCCs) with NiceCloud, and may submit a request through [email protected].
Section 13. DMCA / Notice and Takedown
13.1 NiceCloud respects intellectual property rights. If you believe in good faith that content on the Service infringes your copyright, you may send NiceCloud a written copyright complaint notice. The notice should substantially follow the notice requirements of the U.S. Digital Millennium Copyright Act (DMCA, 17 U.S.C. Section 512) and include:
- an electronic or physical signature of the rights holder or its authorized representative;
- a description of the copyrighted work claimed to have been infringed;
- the specific location or URL of the allegedly infringing content;
- your name, address, telephone number, and email address;
- a statement that you have a good-faith belief that the accused use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner of the infringed right or are authorized to act on behalf of the owner.
Copyright complaint contact: NiceCloud LLC, email [email protected].
13.2 NiceCloud maintains a copyright counter-notice and repeat-infringer policy and handles such matters by reference to the relevant requirements of the law above. Users who are repeatedly the subject of valid complaints will be permanently terminated.
Section 14. Disclaimers and Limitations of Liability
14.1 Disclaimer. To the maximum extent permitted by applicable law, the Service is provided “AS IS” and “AS AVAILABLE,” without any express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, timeliness, security, or uninterrupted operation. NiceCloud makes no express or implied warranty regarding the accuracy of model outputs, the availability of upstream models, third-party services, or third-party links.
14.2 Express notice of unsuitable uses. The Service is not designed, tested, or suitable for any regulated, high-risk, safety-critical, legal-advice, medical-diagnosis, financial-decision, employment-decision, housing-decision, educational-evaluation, or direct-to-consumer critical decision use. All risks of any such use are borne solely by you.
14.3 Circumstances for which NiceCloud is not liable. NiceCloud is not liable for losses caused by the following, except as otherwise required by law: (a) your improper management of your account or API Keys; (b) issues with your code, configurations, network, systems, local tools, or third-party services; (c) adjustments, suspension, or termination by upstream model providers or payment channels; (d) force majeure, including war, riots, natural disasters, epidemics, cyberattacks, government or court orders, sanctions, policy changes, and cross-border network interruptions; (e) regulatory or compliance requirements; (f) your violation of this Agreement or laws and regulations; or (g) inaccurate or biased model outputs.
14.4 Exclusion of indirect damages. To the maximum extent permitted by applicable law, NiceCloud and its officers, directors, employees, affiliates, and upstream providers are not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of goodwill, data loss, business interruption, cost of procuring substitute services, or third-party claims, whether based on contract, tort, strict liability, or any other legal theory, and regardless of whether NiceCloud was advised of the possibility of such damages.
14.5 Liability cap. To the maximum extent permitted by applicable law, NiceCloud’s total cumulative liability to you arising from this Agreement or the Service will not exceed the greater of: (a) the service fees you actually paid to NiceCloud and consumed during the 12 months before the event giving rise to liability; and (b) USD 100.
14.6 International adaptation. If your jurisdiction does not permit certain exclusions or limitations in this Section, the exclusions and limitations in this Section apply in that jurisdiction only to the maximum extent permitted by its laws, and the remaining provisions of this Agreement remain effective.
Section 15. Indemnification
15.1 You agree to defend, indemnify, and hold harmless NiceCloud and its officers, directors, employees, affiliates, upstream model providers, and cloud service providers from and against any third-party claims, investigations, proceedings, losses, damages, judgments, settlements, fines, and expenses, including reasonable attorneys’ fees, arising from:
- your access to or use of the Service;
- your violation of this Agreement, upstream terms, or any applicable law;
- your User Content, including Inputs, submitted files, and downstream use based on Outputs;
- your infringement of any third-party right, including intellectual property rights, privacy rights, and publicity rights;
- disputes between you and end users, customers, or other third parties;
- any consequences arising from your violation of the geographic, sanctions, or export control provisions in Section 3;
- upstream penalties, regulatory investigations, or government enforcement actions arising from your violation of Section 5 AUP or an upstream AUP.
15.2 NiceCloud will notify you of a claim within a reasonably practicable time and cooperate with your defense. Without your prior written consent, NiceCloud is not obligated to bear settlement expenses for a claim. However, NiceCloud reserves the right to participate in the defense through independent counsel at its own expense and has veto rights over settlement terms involving its reputation, brand, or upstream relationships.
Section 16. Term, Suspension, and Termination
16.1 This Agreement becomes effective when you accept it or begin using the Service, and continues until you or NiceCloud terminates this Agreement or the service relationship.
16.2 You may stop using the Service at any time and request account closure through the console or [email protected]. After account closure, your API Keys, configurations, logs, Credits, invoices, and support records may be deleted, anonymized, or restricted from access. Specific handling is governed by the ClaudeAPI Privacy Policy and applicable law.
16.3 NiceCloud may restrict, suspend, terminate, or take other measures against your account or part of the Service under Sections 4.5, 5.5, 8.7, and other relevant provisions of this Agreement. In the event of a serious breach, NiceCloud may terminate immediately without prior notice.
16.4 Effect after termination. Termination of this Agreement does not affect payment obligations actually incurred before termination, indemnification obligations, confidentiality obligations, intellectual property provisions, disclaimers, limitations of liability, dispute resolution provisions, or other provisions that by their nature should survive.
Section 17. Changes to this Agreement and Notices
17.1 NiceCloud may modify this Agreement at any time based on changes in business, law, regulation, technology, or upstream services. Material changes, such as discontinuation of core service functions, material adjustments to billing rules, changes to limitations of liability, changes to dispute resolution provisions, or substantive adjustments to users’ primary rights and obligations, will be notified to you through one or more of the following methods: (a) announcement on the website homepage; (b) console pop-up or in-site notice; or (c) email to your registered email address.
17.2 Material changes take effect 14 days after notice is sent. Other changes take effect when published on the website. Your continued use of the Service after a change takes effect is deemed acceptance of the new version. If you do not agree to the change, you should stop using the Service before the change takes effect and apply for account closure under this Agreement.
17.3 Methods by which NiceCloud may send notices to you include website announcements, console pop-ups and in-site messages, emails to your registered email address, customer service messages, and other contact methods you provide. You must keep your contact information accurate and valid and check it regularly. A notice is deemed delivered 7 days after it is sent, regardless of whether you actually review it.
Section 18. Governing Law and Dispute Resolution
18.1 Governing law. The formation, effectiveness, interpretation, performance, and dispute resolution of this Agreement are governed by the substantive laws of the State of Colorado, United States of America, without giving effect to its conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods.
18.2 Good-faith negotiation first. Any dispute arising from this Agreement or the Service must first be subject to good-faith negotiations for no less than 30 days through written notice. A negotiation notice must be sent to [email protected] for NiceCloud or to your registered email address for you.
18.3 Mandatory individual arbitration. If negotiation fails, any dispute, including contract, tort, statutory rights, scope of this Agreement, and arbitrability disputes, must be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules and Consumer Arbitration Rules, where applicable. The seat of arbitration is Denver, Colorado, United States; there will be one arbitrator; the arbitration language is English; and the arbitration is governed by the U.S. Federal Arbitration Act (FAA).
18.4 Class action/class arbitration waiver and jury waiver. You and NiceCloud each waive the right to a jury trial. Any dispute may be brought only in an individual capacity and may not be brought as a class action, representative action, class arbitration, private attorney general action, or in any other form on behalf of or represented by others. The arbitrator has no authority to consolidate claims of multiple parties or preside over any form of class proceeding.
18.5 Arbitration opt-out (30 days). You may opt out of Sections 18.3 and 18.4 by sending an email to [email protected] with the subject line “ARBITRATION OPT-OUT” and your account identifier within 30 days after you first accept this Agreement. After opt-out, any dispute will be submitted to the federal or state courts in Colorado as provided in Section 18.6.
18.6 Court exceptions. The following matters are not subject to the arbitration provisions and may be brought in the federal or state courts located in Denver, Colorado, United States: (a) claims within the jurisdiction of small claims court; (b) requests for injunctive relief relating to intellectual property, trade secrets, confidentiality obligations, or similar matters; and (c) matters that law expressly makes non-arbitrable. You irrevocably consent to personal jurisdiction and venue in those courts.
18.7 Electronic service. The parties agree to accept service of process and procedural documents by email or console in-site message, deemed served on the day after transmission.
Section 19. General Terms
19.1 Severability. If any provision of this Agreement is held invalid or unenforceable by a competent authority, the remaining provisions remain effective. The invalid provision should be reinterpreted within the lawful scope as a valid provision that most closely reflects the parties’ original intent.
19.2 No waiver. NiceCloud’s failure or delay in exercising any right under this Agreement does not constitute a waiver of that right. A single waiver does not constitute a continuing waiver.
19.3 Force majeure. Neither party is liable for failure to perform this Agreement due to force majeure, including war, riots, natural disasters, epidemics, cyberattacks, government or court orders, sanctions and export control changes, cross-border network interruptions, and complete upstream service failures, provided that the affected party promptly notifies the other party and uses reasonable efforts to mitigate losses.
19.4 Assignment. Without NiceCloud’s prior written consent, you may not assign any right or obligation under this Agreement, and any assignment without consent is void. NiceCloud may assign this Agreement or any rights or obligations under it to an affiliate or a successor in a merger, division, acquisition, or asset transfer after giving you written notice.
19.5 Entire agreement. This Agreement, the Privacy Policy, the AUP, and other policy documents incorporated by reference constitute the entire agreement between the parties regarding the Service and supersede any prior oral or written statements, negotiations, or commitments.
19.6 Third-party beneficiaries. Except for the third-party beneficiary rights expressly granted to upstream providers such as Anthropic and AWS in Section 2.3, this Agreement creates no rights between any other third party and NiceCloud.
19.7 Language and Interpretation. This Privacy Policy may be translated into languages other than English for convenience. If any translated version conflicts with the English version, the English version will govern to the maximum extent permitted by applicable law.
19.8 Electronic signature. Your clicking “Agree,” checking a confirmation box, or continuing to use the Service constitutes a valid electronic signature and is legally binding on you.
Section 20. Contact Us
If you have any questions, complaints, requests, or notices regarding this Agreement or the Service, you may contact NiceCloud LLC as follows:
- Legal matters, including arbitration notices and violation notices: [email protected]
- Customer support: [email protected] or the support entry in the console
- Privacy matters: [email protected]
- DMCA notices: [email protected]
- Company name: NiceCloud LLC
- Place of registration: State of Colorado, United States of America
- Registered and mailing address: 1500 N Grant St Ste R, Denver, CO 80203, USA