Terms of Service

Wallaby Data Pty Ltd (trading as Wallaby Token) · ABN 90 701 729 964 · Last updated: 4 September 2026

1. The service

Wallaby provides API access to open-weight machine-learning models ("the Service"). You pay prepaid credit; we meter your usage in tokens and deduct from your balance. The Service is provided by Wallaby Data Pty Ltd (ABN 90 701 729 964), trading as Wallaby Token, registered in Australia ("we", "us").

2. Your account

You must provide a valid email and keep your API keys secret.
You are responsible for all activity under your keys, whether or not you authorised it. Rotate a key immediately if you suspect it has leaked.
You must be at least 18 and able to form a binding contract.

3. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is part of these Terms. Breaching the AUP may result in immediate suspension or termination, and we may report unlawful activity to relevant authorities.

4. Payment, balance, refunds

Balance is prepaid in USD via Stripe and does not expire.
Prices are listed on our pricing page and may change with 14 days' notice by email. Changes never apply retroactively to credit already purchased.
If we terminate your account without cause, or if the Service fails in a way that gives you rights under the Australian Consumer Law, we refund your unused balance.
Refunds: prepaid balance is non-refundable, and tokens already consumed are never refundable — that service was already delivered. The exceptions: (a) billing errors — you were charged twice, charged the wrong amount, or paid but never received the credit: email us from your registered address, we investigate and resolve within 3 business days, and confirmed errors are refunded to the original payment method; (b) refunds required by law, including the Australian Consumer Law; (c) if we terminate your account without cause, we refund your unused paid balance. Refunds go only to the original payment method, never to a different account. When we calculate any refund, amounts consumed are deemed drawn from your paid balance first, and any promotional or bonus credit in the account is forfeited when a refund is issued — trial and bonus credit holds no cash value and is never refunded.
Billing disputes: if something looks wrong on your statement, email us first — we resolve billing issues within 3 business days. If you file a chargeback with your bank without contacting us first, we may suspend your account while the dispute is reviewed.
Applicability: the refunds and billing-disputes clauses above apply to credit purchased on or after 23 September 2026. Credit purchased before that date is covered by the refund terms in effect at the time of purchase.
If we terminate your account for breach of these Terms or the AUP, unused balance may be forfeited to the extent permitted by law.
Trial credit: new accounts may receive promotional trial credit. One trial per person or organisation; it requires a verified email, may be restricted to specific models and lower rate limits, is non-transferable, and holds no cash value. We may withhold or revoke trial credit where we suspect multi-accounting, automation, or other abuse.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

5. Service availability

The Service is provided "as is" and "as available". We route across multiple upstream providers and work hard to stay up, but we do not warrant uninterrupted or error-free operation. Live availability is published on our status page (status.wallabytoken.com), and planned maintenance is announced there and by email where practicable.

6. Model output

Model output is generated by third-party open-weight models. We do not control, review, or warrant output accuracy, and output may be wrong, offensive, or biased.
You are responsible for how you use output, including any decisions, products, or content built on it.
As between you and us, you may use output for any lawful purpose, subject to the model's licence (Kimi K3: Kimi K3 License) and these Terms.

7. Privacy and data

We do not log or store prompt or completion content. We store only billing metadata (token counts, model, timestamps, key id) and account data. See our Privacy Policy.

8. Limitation of liability

To the maximum extent permitted by law, our total liability to you for any claim arising from the Service is limited to the amount you paid us in the 3 months before the event giving rise to the claim. We are not liable for indirect, consequential, or special damages, lost profits, or lost data. This clause does not limit liability that cannot lawfully be limited, including under the Australian Consumer Law.

9. Indemnity

You indemnify us against claims, losses, and expenses arising from your breach of these Terms, your breach of the AUP, or your unlawful use of the Service or its output.

10. Suspension and termination

We may suspend the Service immediately for AUP violations, suspected fraud, or security risk, and will notify you where lawful and practicable.
You may close your account at any time by emailing support@wallabytoken.com; remaining balance is then handled per §4 (prepaid balance is non-refundable except as stated there).

11. Changes

We may update these Terms with 14 days' notice by email. Continued use after the notice period is acceptance. If you don't accept, close your account; remaining balance is handled per §4.

12. Governing law

These Terms are governed by the laws of New South Wales, Australia. Courts of New South Wales have non-exclusive jurisdiction.

13. Contact

Wallaby Data Pty Ltd (trading as Wallaby Token) · support@wallabytoken.com · abuse reports: abuse@wallabytoken.com