Terms of Service

1. Scope

These Terms of Service apply to the use of the platform Railwail (website, API and MCP server; "Service"), operated by Philipp Schmid, Steinenberg 10, 88339 Bad Waldsee, Germany, email: info@railwail.com.

These terms become part of our contract when you agree to them when signing up or when buying balance.

2. Service Description

Railwail provides access to AI models from various providers (text, image, video, audio, speech, voice cloning, embeddings, code) via the website, an OpenAI-compatible API and an MCP server. Railwail does not operate the models itself: every run is carried out by an external AI service that runs the respective model (currently mainly Replicate, OpenAI, Anthropic and DeepSeek).

The Service operates on a pay-per-use basis: you add balance and pay per run. Each model page shows the price for your settings before you start a run; how models billed by tokens or GPU time are charged is described in section 4.

A request cannot switch off a model provider's safety filters: these settings come only from the model's defaults.

AI models generate their outputs automatically. Outputs may be wrong, incomplete or unsuitable; check them before you use them. We cannot promise uninterrupted availability, for example during maintenance or outages of the model providers.

We may deactivate or remove individual models, in particular if the provider discontinues or changes the model, for legal or security reasons, or if a model keeps failing. Your balance remains usable for the other models.

3. Account

Runs require an account. The only exception: where the website offers it (e.g., on the homepage or in blog articles), you can try selected low-cost models once per browser without an account. You can sign up with email, Google or GitHub.

You are responsible for the security of your credentials.

4. Balance, Prices and Purchase

You buy balance by card via Stripe. A top-up has a balance value between USD 5 and USD 500; there is no subscription and no base fee. You are always charged in US dollars; 1 credit = USD 0.01. No VAT is charged under the German small business rule, § 19 UStG; the amount of a top-up is the final price. Amounts shown in other currencies are for information only; we generally convert them at the reference rate of the European Central Bank and, if it cannot be retrieved, at stored fallback rates.

The Stripe checkout shows you the total amount due before you pay. There you can correct your payment and address details; until you click the button to pay, you can cancel at any time and start again with a different amount. With this click, you make a binding offer. The contract for the top-up is concluded when the payment is completed; we then credit the balance to your account and send you a confirmation of the contract by email. We do not store the contract text separately for you; you can view and save these terms on this page at any time, and the confirmation of the contract contains them in full.

Balance does not expire. For each run, we deduct its price from your balance. Models billed by tokens or GPU time reserve credits when a run starts and are settled to actual usage afterwards. Failed runs are refunded to your balance automatically; the one exception is a GPU-time run that was stopped at its reserved time limit, in which case the time used is charged.

If you ask us within 14 days of the purchase, we refund unused purchased balance; write to info@railwail.com. We grant this refund voluntarily; your statutory rights, in particular any right of withdrawal as a consumer, remain unaffected. How you withdraw as a consumer, when the right of withdrawal expires because you requested immediate provision of the balance, and the model withdrawal form are set out in our right of withdrawal notice, which you reach from the page footer like these terms. It also contains the withdrawal function (button "Withdraw from contract") with which you can withdraw online; we confirm receipt by email. The highlighted entry "Withdraw from contract" in the footer of every public page and in the dashboard sidebar (in the menu on phones) also leads to the withdrawal function. If a payment is refunded or disputed with your card issuer, we deduct the corresponding credits from your balance as far as it covers them; if a dispute is decided in our favor, we credit them back.

5. Trial Credits

There is no permanent free allowance. Accounts registered with Google currently receive 10 trial credits (USD 0.10) once, unless the email address belongs to a disposable or alias email provider. Registrations via email or GitHub receive no trial credits.

Until your own first top-up, the following limits currently apply automatically:

• Runs no earlier than 24 hours after the account was created
• At most 5 runs per 24 hours
• At most 2 credits per run
• After 3 failed runs in a row, further runs only after a top-up
• At most 8 trial runs per internet connection (IPv4 address or IPv6 /64 network) and 24 hours, across all accounts
• No fine-tuning

A run refused because of these limits costs nothing. The limits no longer apply after your first top-up.

6. User Obligations and Suspension

You may not use the Service for:

• Creating illegal, harmful or offensive content
• Automated abuse of the platform, e.g., creating accounts in bulk (use of the API within these terms is permitted)
• Creating several accounts to receive trial credits more than once
• Infringing copyrights or other rights of third parties
• Generating deepfakes, misinformation or content that harms individuals
• Circumventing security measures, provider safety filters or rate limits

In the case of serious violations, or violations that continue despite a warning, we may suspend your account or terminate the contract for good cause. If there is a well-founded suspicion of a serious violation, we may suspend the account provisionally until the matter is clarified. We will tell you the reason for a suspension.

7. Voice Cloning

You may only clone your own voice or the voice of a person who has expressly consented to it; you must be able to prove this consent. Before every run with a voice sample, you confirm that you are allowed to use this voice (on the website with a checkbox for each sample, in the API with consent: true); without this confirmation, the run is refused. Only voice samples you have uploaded to Railwail yourself can be used (at most 10 MB and 60 seconds each). The voice sample is processed by the AI service that runs the model (currently Replicate).

In particular, you may not use cloned voices to:

• deceive others or pretend to be another person
• commit fraud or other offenses
• imitate public figures without their consent
• create deepfakes intended to mislead

You may only share or publish a generated voice recording with the consent of the person whose voice it is, and you must clearly state that it is synthetic. Railwail currently adds no machine-readable AI label to audio.

Railwail deletes your uploaded voice sample automatically about 24 hours after the upload; only its link remains in your history. What happens to generated audio is described in section 13.

If you violate these rules, section 6 applies; in addition, we may delete your voice samples and the audio generated with them. You indemnify Railwail against claims that third parties, in particular the persons whose voices were used, assert because of your violation, including reasonable costs of legal defense, insofar as you are responsible for the violation.

8. Rights to Content and AI Labeling

Content you generate through the Service belongs to you, to the extent legally possible and unless the license of the respective model provides otherwise. Individual models are subject to license terms of their developers that may restrict the use of outputs, for example to non-commercial purposes. Check a model's license before you use its outputs commercially. You are responsible for complying with applicable law when using this content.

Labeling: Where technically possible, Railwail writes a machine-readable note into generated images (IPTC/XMP and EXIF metadata) stating that they were generated by AI. Video, audio and text currently receive no machine-readable label. If you publish image, audio or video content that noticeably resembles real persons, objects, places or events and could falsely appear to be authentic (deepfakes), you must disclose that it was generated or manipulated by AI; for evidently artistic, satirical or fictional works, a notice that does not hamper the display of the work is sufficient.

Platform: Software, design and trademarks remain the property of Railwail. The rights to the AI models remain with their respective rights holders.

9. API, API Keys and MCP

Access to the API and the MCP server is subject to these Terms of Service. Keep API keys confidential. Runs made with your API key are charged to your balance unless you are not responsible for its use by unauthorized persons. We store keys only as a hash, so a key is shown in full only once, when it is created or rotated.

When creating a key, you can limit it (scopes, IP allowlist, expiry date, requests per minute: 600 by default, adjustable from 60 to 6,000). You can revoke or rotate a key in the dashboard at any time; a revoked key stops working immediately. Revoke a key immediately if you suspect misuse. An optional monthly spending limit applies to all runs on your account (dashboard, API keys and MCP); a run that would exceed it is refused. In the dashboard you can also set a daily and a monthly credit limit for each key (counted in UTC); a request that would exceed it is refused (in the API with HTTP 429), and nothing is charged.

Abuse of the API (e.g., excessive requests, reselling access) may lead to suspension under section 6.

10. Fine-Tuning

Where fine-tuning is offered for a model, the following applies. Training uses only public datasets on Hugging Face that you name; the job is generally pinned to the version of the dataset that was checked when the job was created. You must be entitled to use the dataset for training.

When you create a job, we reserve credits for its maximum GPU time from your balance; you can request a cost estimate beforehand. You are charged for the GPU time actually used, never more than the reserve, and the rest is refunded. A job that is still waiting in the queue can be canceled with a full refund; if you cancel a job that is already being processed, the GPU time used until it stops is charged. When a job reaches its maximum GPU time, it stops. Fine-tuning is not available before your first top-up, and not with an API key that has a daily or monthly credit limit (section 9).

Training runs on rented GPU servers of a third-party provider (currently vast.ai).

11. Referral Program

With your personal referral link from the dashboard, you can recommend Railwail. A new account counts as referred if it is created in the same browser within 30 days of first opening a referral link; the first link used counts.

You earn 10% of the net amount (excluding taxes) of every balance top-up that a referred user pays within 365 days of signing up. Commissions become available 14 days after the purchase. A refunded or disputed purchase earns no commission; if a commission is reversed after you have used it, we offset it against future commissions.

You can convert any available amount into credits at once (USD 1 = 100 credits) or request a payout from USD 10 via PayPal or bank transfer. We review payout requests by hand and contact you by email. Converted credits do not count as a top-up: until your own first top-up, the limits in section 5 continue to apply.

If you publish your link, you must make its promotional nature clear (e.g., "Ad" or "Referral link"). Unsolicited emails, messages or spam are not allowed.

Referrals of yourself (same account, same email address or an account created in the browser in which you opened your own referral page) and sign-ups with disposable email addresses do not count. Commissions from referrals that break these rules (for example referring yourself through other accounts, fake accounts, or misleading referrals or referrals not marked as advertising) are forfeited. In the case of serious or repeated violations, we may exclude you from the program after prior notice; commissions already earned from proper referrals remain.

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.

For a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. An obligation is essential if its fulfillment makes the proper performance of the contract possible in the first place and you may regularly rely on its fulfillment. Otherwise, our liability for slight negligence is excluded.

Your statutory rights in the event of defects in digital products remain unaffected.

13. Privacy and Storage

Your data is processed in accordance with our Privacy Policy. To carry out a run, your input (prompt, settings, uploaded files) is sent to the AI service that runs the chosen model; whether that service passes inputs on to others, for example the developer of the model, is governed by its own terms.

We store your runs in your history with input, settings and the result or a link to it; there is currently no automatic deletion period. Images, videos and audio, including speech generated through the API, are generally stored in our own storage. If copying fails or a file is too large (currently over 50 MB), only the provider's link remains, and the result can be retrieved only as long as the provider serves it, often only for a short time. Download results you want to keep.

Stored results and uploaded files are kept at an address that can be opened without signing in: anyone who knows the link can open the file. Share such links with care.

We do not use your inputs or results to train AI models; a fine-tuning job trains only on the dataset you name.

14. Term and Termination

The contract for your account runs for an indefinite period. You can terminate it at any time without notice, for example by email to info@railwail.com. Our right to terminate for good cause (section 6) remains unaffected. What happens to your data after the contract ends is described in the Privacy Policy.

15. Changes to These Terms

We may change these Terms of Service for the future, for example because of changes in the law or new or discontinued features. Changed terms apply to you only once you have agreed to them; until then, the previous terms continue to apply.

16. Governing Law, Jurisdiction and Contract Languages

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Bad Waldsee, Germany (the operator's place of business).

The contract languages are German and English. Versions in other languages are for information only.