Xinference Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Xinference website, products, services, software, and enterprise AI inference platform provided by Xinference Australia Pty Ltd ("Xinference", "we", "us", or "our").

By accessing or using Xinference, you agree to these Terms. If you are using Xinference on behalf of a company or organisation, you represent that you have authority to bind that company or organisation to these Terms.

If you do not agree to these Terms, you must not access or use Xinference.

2. Relationship With Separate Agreements

These Terms apply unless you and Xinference have signed a separate written agreement, order form, enterprise service agreement, data processing agreement, or similar contract. If there is a conflict between these Terms and a separately signed agreement, the signed agreement will control to the extent of that conflict.

3. Service Overview

Xinference provides an enterprise AI inference platform designed to support private, on-premises, and hybrid deployment scenarios. The Platform helps organisations deploy, manage, and operate AI models across heterogeneous computing environments.

Depending on the edition, configuration, and customer agreement, Xinference may support features such as:

• Distributed inference orchestration.
• Heterogeneous hardware scheduling.
• Model deployment and management.
• API key management.
• Role-based access control.
• Observability and monitoring.
• High availability features.
• Enterprise technical support.

Specific features, support levels, and commercial terms depend on the applicable edition, order form, or signed agreement.

4. Deployment Architecture and Data Control

Xinference is designed for customer-controlled deployment environments, including private, on-premises, and hybrid infrastructure.

Unless otherwise agreed or configured by the customer:

• Customer prompts, inputs, outputs, datasets, model weights, and knowledge base documents remain within the customer-controlled environment.
• Customers retain ownership and control over their proprietary data and model assets.
• Xinference does not use customer inference data for model training or dataset creation without explicit written authorisation.

Customers are responsible for their own infrastructure, security configuration, network access, external integrations, user permissions, and compliance obligations.

5. Accounts and Access Credentials

You are responsible for maintaining the confidentiality and security of your accounts, API keys, passwords, tokens, and other access credentials.

You agree not to:

• Share credentials with unauthorised persons.
• Bypass access controls.
• Misuse API keys or authentication systems.
• Attempt to gain unauthorised access to Xinference systems or other users' environments.
• Knowingly allow unauthorised use of your account or deployment.

You must promptly notify Xinference if you become aware of any unauthorised access or security incident involving Xinference.

6. Acceptable Use

You agree to use Xinference only in accordance with applicable laws, these Terms, and any applicable documentation or agreement.

You must not use Xinference to:

• Violate applicable laws or regulations.
• Infringe intellectual property, privacy, or other rights.
• Attempt to disrupt, overload, damage, or compromise systems.
• Reverse engineer, decompile, or attempt to extract non-public source code, except where permitted by law or applicable open-source licences.
• Remove proprietary notices.
• Resell or provide unauthorised access to Xinference without written permission.
• Upload or transmit malware, secrets, credentials, or unlawful content through support or hosted services.

7. Customer Data and Ownership

As between you and Xinference, you retain ownership of your customer data, including datasets, prompts, model inputs, model outputs, knowledge base content, and model weights.

You grant Xinference only the rights necessary to provide, maintain, secure, and support the services, subject to these Terms and any applicable signed agreement.

You are responsible for ensuring that you have the necessary rights, permissions, and legal bases to use any data, models, content, or materials with Xinference.

8. Xinference Intellectual Property

Xinference and its licensors retain all rights, title, and interest in and to the Platform, software, documentation, trademarks, logos, interfaces, workflows, designs, and related intellectual property.

These Terms do not transfer any ownership rights in Xinference intellectual property to you.

Some Xinference components may be provided under open-source licences. To the extent there is a conflict between these Terms and an applicable open-source licence, the open-source licence will govern the use of that open-source component.

9. Third-Party Services and Models

Xinference may support integrations with third-party models, cloud platforms, hardware, software, or services. These third-party services are not controlled by Xinference and may be subject to separate terms, licences, pricing, privacy policies, or usage restrictions.

You are responsible for reviewing and complying with any applicable third-party terms. Xinference is not responsible for third-party services, third-party model outputs, third-party availability, or third-party changes.

10. Enterprise Support and Availability

Xinference may provide enterprise support, high availability features, automatic recovery mechanisms, monitoring tools, or service-level commitments depending on the applicable edition or signed agreement.

Actual performance, including throughput, latency, time-to-first-token, stability, and availability, may vary based on factors outside Xinference's control, including:

• Hardware configuration.
• Model size and architecture.
• Concurrency level.
• Network environment.
• Storage performance.
• Customer configuration.
• Third-party dependencies.

Unless expressly stated in a signed agreement, Xinference does not guarantee a specific performance metric, uptime level, cost saving, or business outcome.

11. Fees and Payment

If you purchase a paid edition or enterprise service, fees, payment terms, taxes, renewal terms, support scope, and cancellation terms will be set out in the applicable order form, invoice, quotation, or signed agreement.

Unless otherwise stated in a signed agreement, fees are non-refundable to the maximum extent permitted by applicable law.

12. Confidentiality

Each party may receive confidential information from the other party. The receiving party must use reasonable care to protect confidential information and may use it only for the purpose of performing obligations or exercising rights under these Terms or an applicable agreement.

Confidential information does not include information that is publicly available, independently developed, rightfully received from a third party, or approved for disclosure in writing.

13. Security

Xinference provides enterprise security features such as API key management, role-based access control, and operational monitoring where applicable.

Customers remain responsible for securing their own deployment environment, credentials, network, data, users, and connected systems.

You agree to follow reasonable security practices and promptly report suspected vulnerabilities or unauthorised access.

14. Suspension and Termination

We may suspend or terminate access to Xinference if:

• You violate these Terms.
• Your use creates security, legal, or operational risk.
• Payment is overdue, where applicable.
• Continued access may harm Xinference, other customers, or third parties.
• Required by law or government request.

You may stop using Xinference at any time. Termination does not affect obligations that should reasonably survive, including payment obligations, confidentiality, intellectual property, disclaimers, and limitations of liability.

15. Disclaimers

To the maximum extent permitted by applicable law, Xinference is provided on an "as is" and "as available" basis unless otherwise stated in a signed agreement.

Xinference does not warrant that the Platform will be uninterrupted, error-free, completely secure, or suitable for every customer environment or use case.

AI model outputs may be inaccurate, incomplete, or unsuitable for certain uses. Customers are responsible for evaluating outputs and implementing appropriate human review, safeguards, and compliance controls.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Xinference and its affiliates, officers, employees, agents, and licensors will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, business interruption, or procurement of substitute services.

17. Indemnity

You agree to indemnify and hold harmless Xinference from claims, damages, liabilities, losses, and expenses arising from:

• Your misuse of Xinference.
• Your violation of these Terms.
• Your data, models, content, or materials.
• Your violation of applicable law or third-party rights.
• Your deployment configuration or third-party integrations.

18. Changes to the Services or Terms

We may update Xinference services, documentation, features, and these Terms from time to time. If we make material changes to these Terms, we will update the "Last Updated" date and, where appropriate, provide additional notice.

Your continued use of Xinference after changes become effective means you accept the updated Terms.

19. Governing Law and Jurisdiction

This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

20. Contact

If you have questions about these Terms, contact us at: