API Terms of Use

2.1 API Key Security Requirements

You must:

• Keep your API keys strictly confidential and secure
• Never share API keys with unauthorized parties
• Use strong, unique keys provided by your API provider
• Regularly rotate your keys according to best practices
• Immediately revoke and replace compromised keys

2.2 Account Activity Responsibility

You are responsible for ALL activities that occur using your API keys, including unauthorized use. Monitor your API provider dashboards regularly for unusual activity.

2.3 Key Storage and Encryption

While Orate encrypts and securely stores your API keys using industry-standard security measures, you acknowledge that you are ultimately responsible for the security of your keys and should maintain your own security practices.

3.1 Direct Billing Responsibility

You are solely responsible for ALL charges incurred through the use of your API keys. These charges are billed directly by your API provider (Google, Amazon, Microsoft, ElevenLabs, etc.) according to their pricing and billing terms.

3.3 Liability for Discrepancies

Orate is NOT liable for any discrepancies between estimated and actual API usage or charges. You should monitor your usage directly through your API provider's dashboard and set up billing alerts as needed.

3.4 Cost Management Recommendations

4.1 Third-Party Terms Compliance

You agree to comply with ALL terms and conditions of the third-party API providers whose services you access through our App. This includes but is not limited to their:

• Terms of Service and Acceptable Use Policies
• Privacy policies and data handling requirements
• Rate limits and usage restrictions
• Content policies and prohibited use cases
• Geographic restrictions and compliance requirements

4.2 Rate Limits and Technical Restrictions

You will not use the APIs in any manner that:

• Exceeds rate limits imposed by API providers
• Attempts to circumvent usage restrictions
• Causes service degradation or outages
• Violates any technical limitations or guidelines

4.3 Content Restrictions

5.1 Your Data Privacy Obligations

You are responsible for ensuring that your use of third-party APIs through our App complies with all applicable data protection and privacy laws, including but not limited to GDPR, CCPA, and other regional privacy regulations.

5.2 Third-Party Data Processing

When you use BYOK, your content is processed by third-party API providers according to their own privacy policies and data handling practices. Orate acts as a conduit and does not control how these providers handle your data.

5.3 Orate's Data Handling

Orate will handle any data processed through third-party APIs in accordance with our Privacy Policy. We do not store or retain your content beyond what's necessary to facilitate the API requests.

6.1 BYOK Feature Disclaimer

Orate provides the BYOK feature "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 Third-Party API Availability

We do not warrant that third-party APIs will be uninterrupted, timely, secure, or error-free. API availability, performance, and functionality are controlled by the respective third-party providers.

6.3 Voice Quality and Output

We make no guarantees about the quality, accuracy, or suitability of voice output generated through third-party APIs. Voice quality depends on the capabilities and limitations of each provider's technology.

7.1 Exclusion of Damages

Orate shall NOT be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of third-party APIs through our App, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• API usage charges or billing disputes
• Service interruptions or downtime
• Voice quality issues or generation failures
• Third-party API policy violations or account suspensions

7.2 Maximum Liability Cap

To the extent permitted by law, Orate's total liability to you for all claims related to API usage shall not exceed the amount you paid to Orate in the 12 months preceding the claim.

9.1 Right to Modify

We reserve the right to modify these API Terms of Use at any time to reflect changes in our services, third-party requirements, or applicable law.

9.2 Notification Process

We will notify you of any changes by:

• Posting the new API Terms on this page
• Updating the "Last Updated" date
• Sending email notifications for material changes
• Providing in-app notifications when appropriate

9.3 Continued Use

Your continued use of API features after any changes constitutes your acceptance of the updated API Terms.

10.1 Termination Rights

We may suspend or terminate your access to API features immediately, without prior notice, if you violate these API Terms or any third-party provider terms.

10.2 Effect of Termination

Upon termination:

• Your API keys will be securely deleted from our systems
• You remain responsible for all charges incurred before termination
• These API Terms survive termination where applicable
• You may still access other non-API features of Orate