BoostRail Terms of Service (Draft)

*Draft revised 2026-08-16 (originally prepared 2026-07-15) for legal review. Operated by Boostly Limited, New Zealand.*

1. The service

BoostRail provides programmatic access to third-party AI models through a unified, OpenAI-compatible API, together with a web console for managing API keys, projects, usage, and billing. The service is provided by Boostly Limited ("we", "us"), a company registered in New Zealand.

By creating an account, accessing, or using the service, you confirm that you have read and understood these terms and the Privacy Policy, and agree to be bound by them. If you use the service on behalf of a company or other entity, you confirm that you are authorized to bind it. If you do not agree, do not use the service.

2. Accounts

The service is designed for business and professional use. You must be at least 18 years old (or the age of majority where you live) and able to enter into a binding contract to open an account. Account holders are responsible for safeguarding credentials and API keys, and for all activity under their keys. Keys can be revoked at any time in the console. Accounts may represent an individual or a business; business accounts may add billing details and tax IDs. We send service and account notices (such as balance alerts and payment confirmations) to the account email address, and may send occasional product usage and onboarding guidance emails; guidance emails include an unsubscribe link, and opting out does not affect service notices.

3. Credits, billing, and taxes

The service is prepaid. Credits are purchased in USD and are consumed per request at the unit prices published in the console at the time of each request — per token for text models, and per image, per second, or per clip for image and video models. Prices may change; changes apply only to subsequent requests. Failed requests are not charged.

• Card payments are processed by Stripe. Card top-ups carry a payment processing fee, disclosed before payment; the credits posted always equal the top-up principal. A minimum top-up amount applies and is shown on the recharge page.
• Auto top-up is optional and off by default. If you enable it, we automatically charge your saved card for the top-up amount you chose whenever your balance falls below the threshold you chose. Each automatic top-up is recorded as a normal order with its invoice, and auto top-up can be turned off at any time in the console.
• Wise transfer (USD bank transfer to our Wise receiving account) is available where offered: the transfer is declared in the console and credits post after we match it against the bank statement. Declarations that cannot be matched within the stated window are closed without charge.
• Taxes: published prices and top-up amounts are exclusive of taxes. Where applicable, tax is calculated and shown at checkout and recorded on the order. If a payment to us is subject to withholding or deduction required by law in the customer's jurisdiction, the customer bears that amount and pays such additional sum as ensures we receive the full amount ordered.
• Invoices: an invoice is issued for each successful top-up and is available next to the order in the console.

Purchased credits are non-refundable and not redeemable for cash, except where applicable law requires otherwise or as set out in Section 8 (Termination). Where a statutory right of withdrawal applies to a purchase (for example, for consumers in the EU), you request that credits be made available immediately upon payment and acknowledge that, to the extent permitted by law, the right of withdrawal ends once you begin consuming the credits.

4. Optional plans and customer-provided keys (BYOK)

The service offers optional monthly plans (for example, BYOK request allowances). Plan fees are deducted from the prepaid balance; auto-renewal can be turned off at any time, in which case the plan ends with the current month. Fees for a started month are not refunded pro rata. Monthly allowances reset at the start of each calendar month (UTC); usage beyond an allowance is served over the platform's own routes at the published platform prices.

Where the customer stores their own provider API keys ("BYOK"): the keys are stored encrypted and are used solely to serve requests of the customer's own organization. The customer remains responsible for the keys' validity, for compliance with the relevant provider's terms, and for any charges the provider bills to the customer's own provider account. We may stop using keys that fail, are revoked, or are reported compromised. Requests served with customer-provided keys count against the plan allowance and are not billed per token by us.

5. Acceptable use

The service must not be used to violate applicable law, to infringe third-party rights, to attempt to compromise the service or other customers, or to breach the usage policies of the underlying model providers. The service may not be used from, or for the benefit of, any jurisdiction or person subject to comprehensive sanctions or listed on an applicable sanctions list, and use of the service must comply with applicable export control laws. We may suspend keys or accounts involved in abuse, with notice where practicable.

6. Third-party models and outputs

Model outputs are generated by third-party providers and are not verified by us. Availability of a specific model is not guaranteed; the catalog may change. Requests and responses are transmitted to the selected provider to serve the request — under BYOK, using the customer's own provider account. As between you and us, we claim no rights in your prompts or in model outputs; any rights or restrictions attaching to outputs are determined by the terms of the provider that generated them, and you are responsible for how you use outputs.

Upstream providers are independent third parties, and we do not control their infrastructure, models, or policies. To the maximum extent permitted by law, we are not liable for issues originating with an upstream provider — including outages, latency, degraded or incorrect outputs, model changes or retirements, or a provider's suspension, rate limiting, or policy enforcement. For a request that fails for such a reason, our responsibility is limited to not charging for it (Section 3); Section 10 otherwise applies.

7. Service changes and availability

We aim for high availability but do not warrant uninterrupted service. We may modify or discontinue features with reasonable notice. Material changes to these terms will be announced in the console; continued use after the effective date constitutes acceptance.

8. Termination

You may stop using the service at any time and may request account closure via support. We may suspend or terminate an account for material breach of these terms (including abuse under Section 5), with notice where practicable; unused credits on an account terminated for material breach are handled under Section 3. If we discontinue the service entirely, or close an account without cause, we will refund the unused prepaid balance.

9. Indemnity

You will indemnify us against third-party claims, and reasonable costs arising from them, to the extent caused by your content, your use of the service in breach of these terms, or your breach of a model provider's policies.

10. Liability

To the maximum extent permitted by law, the service is provided "as is", and our aggregate liability for any claim is limited to the amounts paid for the service in the three months preceding the claim. Nothing in these terms limits liability that cannot be limited under applicable law, including under the New Zealand Consumer Guarantees Act where it applies.

11. General

These terms are the entire agreement between you and us about the service. If any provision is found unenforceable, the remainder stays in effect. You may not assign these terms without our consent; we may assign them as part of a corporate reorganization or a sale of the business. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

12. Governing law

These terms are governed by the laws of New Zealand. Any dispute arising out of or in connection with these terms or the service must be brought exclusively in the courts of New Zealand, and each party submits to that jurisdiction. This does not displace mandatory rights under the law of your place of residence where that law does not permit them to be displaced, and either party may seek urgent injunctive relief, or enforce a judgment, in any court of competent jurisdiction.

13. Contact

Boostly Limited — support@boostrail.com