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Terms of Service & Privacy Policy

Last Updated: December 2024

Welcome to OTR404 ("OTR404," "we," "our," or "us"). We operate an off-the-record artificial intelligence chat service designed with privacy as its foundational principle. By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy (collectively, the "Agreement"). If you do not agree to these terms, please do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using OTR404 (the "Service"), you represent that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

2. Description of Service

OTR404 provides a privacy-focused artificial intelligence chat interface that enables users to interact with various AI models. Our Service is designed with an ephemeral architecture, meaning conversations are not retained beyond the active session unless explicitly required for service functionality.

3. Privacy Commitment

Privacy is not merely a feature of OTR404—it is the core principle upon which our Service is built. We have implemented the following data handling practices:

3.1 Data We Do Not Collect

  • Conversation content or chat history
  • User queries or prompts submitted to AI models
  • IP addresses or device fingerprints for tracking purposes
  • Behavioral analytics or usage patterns
  • Third-party tracking identifiers

3.2 Data We Collect

We collect only the minimum information necessary to provide and maintain the Service:

  • Account Information: Email address for authentication and account recovery purposes
  • Billing Information: Payment details processed securely through our third-party payment processor (Stripe) for subscription management
  • Credit Balance: A numerical record of your remaining service credits

3.3 Cookie Policy

We utilize cookies exclusively for essential service functions:

  • Session authentication and maintenance
  • Security tokens to prevent unauthorized access

We do not employ cookies for advertising, analytics, cross-site tracking, or any purpose beyond core service functionality.

3.4 Third-Party AI Providers

Our Service interfaces with third-party AI model providers to process your requests. We have selected providers that offer zero-retention API endpoints where available, meaning your conversation data is not stored or used for model training by these providers. The specific data retention policy of each model is disclosed within the Service interface.

3.5 Data Retention

Conversation data exists only in volatile memory during your active session and is not persisted to any storage medium. Account information is retained only for the duration of your active account and is deleted upon account termination.

4. Acceptable Use Policy

You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations, and in compliance with our Acceptable Use Policy, which is incorporated by reference into this Agreement. The AUP prohibits, among other things:

  • Sexual exploitation of minors, including child sexual abuse material (CSAM)
  • Threats of violence; operational guidance for biological, chemical, radiological, or nuclear weapons; or detailed instructions for unlawful firearms or explosives
  • Fraud, phishing, identity theft, election interference, or non-consensual intimate imagery of identifiable persons
  • Creating, distributing, or improving malware, ransomware, spyware, stalkerware, or attacks on critical infrastructure
  • Harassment, threats, doxing, or content inciting discrimination or violence against protected groups
  • Sale or trafficking of controlled substances, illegal weapons, counterfeit goods, or activities that violate sanctions or export-control laws
  • Bulk unsolicited messaging, coordinated-inauthentic-content campaigns, or reselling raw model output as a competing inference API
  • Attempting to circumvent, disable, or interfere with security features of the Service; reverse engineering or decompiling the Service; or reselling, sublicensing, or redistributing access without authorization

The full AUP, including upstream provider obligations, abuse reporting, and enforcement details, is at otr404.com/aup. We reserve the right to suspend or terminate access for users who violate these terms, without prior notice and without refund of unused credits or subscription periods.

5. Intellectual Property

The Service, including its original content, features, and functionality, is owned by OTR404 and is protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of any content you input into the Service. By using the Service, you grant us a limited, non-exclusive license to process your inputs solely for the purpose of providing the Service to you.

6. Payment, Credits, and Billing

6.1 Plans and pricing

Certain features of the Service require payment. We offer two billing models: (a) monthly subscriptions that include a recurring credit allotment, and (b) one-time credit packs purchased outside of a subscription. By subscribing to a paid plan or purchasing a credit pack, you agree to pay all applicable fees as described at the time of purchase, plus any applicable taxes.

6.2 Subscriptions

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected) until canceled. You may cancel at any time; cancellation takes effect at the end of the current billing period. Subscription credits issued for a billing period are valid only during that billing period and a 30-day rollover window thereafter, unless otherwise stated. Subscription credits that remain unused after the rollover window expire and are not refundable.

6.3 Credit packs

Credits purchased as a one-time pack are non-refundable, non-transferable, and have no cash value. They expire twelve (12) months after the date of purchase if unused. Expired credits are not redeemable, exchangeable, or refundable. Credits are a prepaid entitlement to use the Service and do not represent stored monetary value.

6.4 Use of credits

Credits are consumed when you submit requests to the Service. The credit cost of a request varies by model, modality, and request size; the current pricing schedule is published within the Service. Once consumed, credits are not refundable. We may, at our discretion, provide credit adjustments for documented Service outages or technical errors that caused unintended consumption.

6.5 Pricing changes

We may change the price of subscriptions or credit packs from time to time. Subscription pricing changes will be communicated at least thirty (30) days in advance and will apply to your next renewal. Pricing changes do not affect credits already purchased.

6.6 Refunds

Except where required by applicable law, all payments are non-refundable. We may, at our reasonable discretion, provide refunds or service credits for billing errors or extended Service outages.

6.7 Chargebacks and payment disputes

If you initiate a chargeback, payment dispute, or reversal with your card issuer or bank, we may immediately suspend your account and access to the Service pending resolution of the dispute. Filing a chargeback in bad faith — for example, after consuming credits and disputing the underlying charge as "non-delivery" — is a breach of this Agreement. We may collect outstanding amounts (including chargeback fees), forfeit any remaining credits, and terminate the account. If you have a billing concern, contact us at billing@otr404.com before disputing the charge with your bank.

6.8 Termination for AUP violations

Accounts terminated for violations of the Acceptable Use Policy forfeit any unused credits, prepaid balances, and remaining subscription periods. No refund is owed in those cases.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

AI-generated content may contain inaccuracies, errors, or inappropriate material. You are solely responsible for evaluating and verifying any output generated through the Service before relying upon it.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTR404, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to defend, indemnify, and hold harmless OTR404 and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service.

10. Modifications to Service and Terms

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We may revise this Agreement from time to time. The most current version will always be posted on this page with an updated "Last Updated" date. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach this Agreement.

Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to this Agreement or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

13. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and OTR404 regarding the Service and supersedes all prior agreements, representations, and understandings, whether written or oral.

15. Contact Information

For questions, concerns, or requests regarding this Agreement or our privacy practices, please contact us at:

Legal Inquiries: legal@otr404.com

Privacy Inquiries: privacy@otr404.com

General Support: support@otr404.com

© 2026 OTR404. All rights reserved.