Terms of Service
1. Agreement to terms
These Terms of Service (the "Terms") are a binding agreement between Rackor Labs LLC ("Rackor," "we," "us," or "our"), a Massachusetts limited liability company, and the individual or organization that uses Rackor Model Intelligence ("RackorMI" or the "Service") or our websites at rackor.com and mi.rackor.com ("you" or the "Customer").
You accept these Terms by clicking a button or checking a box indicating your agreement when you create an account or when we present updated Terms to you, or by signing an order form that references them. You also agree to our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization. If you do not agree to these Terms, do not use the Service.
RackorMI is a web platform that lets you run and track LLM benchmarks against any OpenAI-compatible model endpoint. You connect your own model endpoints and keys; Rackor never resells inference or hosts models. Enterprise use may be governed by a separate order form, which will control in the event of a conflict with these Terms.
2. Accounts and eligibility
You must be at least 18 years old to use the Service. By creating an account, you represent that you are 18 or older and, if acting for an organization, that you are authorized to bind it. You agree to provide accurate information and to keep it up to date, and you are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
The Service is multi-tenant. A "user" is a global account, and a "workspace" is the tenant boundary within which benchmarks, transcripts, and results are stored. Workspace members hold roles — owner, admin, or member — that determine what they can do. Account authority is re-derived on every request, so changes to a member's role or removal from a workspace take effect immediately. You are responsible for managing your workspace members and their permissions.
3. Plans, credits, and billing
Credits
Usage of the Service is credit-metered. One completed benchmark run consumes one credit, and one AI-generated question consumes three credits. Your plan determines how many credits are included and over what period.
Plans
- Free — $0; 2 seats; 10 credits per month; community-visible; 30-day transcript history.
- Individual — $50 per year; 2 seats; 500 credits per year; community-visible; 90-day transcript history.
- Pro — $29 per month; unlimited seats; 300 credits per month; private; 1-year transcript history.
- Enterprise — custom, sales-led pricing; unlimited seats; private; 1-year transcript history. Governed by a separate order form.
There is no free trial. Free is a permanent tier that you may use at no charge subject to its limits.
Pay-as-you-go and overage
"Pay-as-You-Go" means a Free-tier workspace with a payment card on file. Pay-as-You-Go usage is billed at $0.10 per credit, up to a default cap of $20 per month. For paid subscribers, usage beyond the plan's included credits (overage) is billed at $0.05 per credit.
Auto-renewal, cancellation, and price changes
Paid subscriptions automatically renew — Pro monthly and Individual annually — until cancelled. Before we charge a renewal for an annual plan, we will send you a reminder email that includes the renewal price and instructions for cancelling. You may cancel at any time through your account settings, and cancellation online is no more difficult than signing up was. When you cancel, future charges stop and your workspace drops to the Free tier at the end of the paid period; you retain access to your paid plan through the end of that period.
We may change our prices. Price changes will not apply to you until your next renewal, and we will notify you by email at least 30 days before a price change takes effect for you. If you do not agree to a price change, you may cancel before it applies.
Payments, taxes, and refunds
Payments and subscriptions are processed by Stripe, and sales tax is calculated using Stripe Tax. You are responsible for all applicable taxes. All fees are non-refundable except where a refund is required by law. Enterprise billing is governed by the applicable order form.
4. Acceptable use
When you use the Service, you agree that you will:
- comply with the terms of any model provider or endpoint you connect, and honor any usage limits or restrictions those providers impose;
- take responsibility for the endpoints and API keys you connect and for the content you submit through the Service;
- not submit or generate unlawful, infringing, or harmful content, or use the Service to violate the rights of others;
- not attempt to circumvent the Service's security controls, the sealed answer keys, or other customers' private content, or otherwise access data you are not authorized to access; and
- not resell, sublicense, or commercially exploit the Service except as expressly permitted, and not scrape, crawl, or systematically extract data from the Service.
We may suspend or limit access to the Service to protect it and its users if we reasonably believe these rules have been violated.
5. Your content and license
As between you and Rackor, you retain ownership of the benchmarks, prompts, questions, transcripts, scores, and other content you create or submit through the Service ("Your Content"). You grant Rackor a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely as necessary to operate and provide the Service to you, including the community-publishing behavior described below.
On community-visible plans (Free — with or without Pay-as-You-Go — and Individual), publishing a benchmark version automatically lists it to the community. On private plans (Pro and Enterprise), sharing to the community happens only when a workspace admin deliberately chooses to publish. When a benchmark version is shared, only the prompt template, sampling defaults, scorer type, question rows with the answer key sealed, the publisher's username, and an aggregate leaderboard are made available. The sealed answer key (gold and accepted answers), full scorer configuration, transcripts, and per-question pass/fail results are never shared. Answer keys are not published, and your own transcripts and per-question results stay visible only to you and remain private to your workspace. Additional detail is in our Privacy Policy.
You represent that you have the rights necessary to submit Your Content and to grant the license above, and that publishing a benchmark to the community does not infringe anyone else's rights.
6. Copyright complaints (DMCA)
We respect intellectual property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent:
Copyright Agent, Rackor Labs LLC
82 Wendell Lane, Ste 100, Pittsfield, MA 01201
[email protected]
Your notice must identify the copyrighted work, identify the allegedly infringing material with enough detail for us to locate it, include your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. We will respond to valid notices, which may include removing or disabling access to the identified material. If your content is removed and you believe the removal was mistaken, you may submit a counter-notice under 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances.
7. Our intellectual property
Rackor owns all rights, title, and interest in and to the Service, including the software, underlying technology, the Rackor brand and trademarks, and our documentation. Except for the limited rights expressly granted to you in these Terms, we reserve all rights. You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer it, except as permitted by law or the applicable license for the self-hosted image.
If you provide feedback, suggestions, or ideas about the Service, you grant Rackor a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without obligation or compensation to you.
8. Third-party services and connected endpoints
The Service works by sending prompts to the model endpoints you connect. You choose those endpoints and provide their base URLs and API keys. Those endpoints and providers — for example llama.cpp, vLLM, Ollama, OpenRouter, OpenAI, and other hosted providers — are third parties governed by their own terms of service and privacy practices, which you are responsible for reviewing and following.
Rackor is not responsible for the availability, security, or output of third-party endpoints. Model outputs are probabilistic and may be inaccurate, incomplete, or unexpected. You are solely responsible for the endpoints and keys you connect and for how you use any output you obtain through the Service.
9. Self-hosting
The Service is also offered as a free self-hosted mode via a Docker image. In self-host mode, you operate the application and database on your own infrastructure, and your data stays with you and under your control, including retention. Rackor does not host or have access to your self-hosted deployment or its data. Your use of the self-hosted image is governed by the license terms that accompany the image; in the event of a conflict between that license and these Terms with respect to the self-hosted image, the image license controls. You are responsible for securing, maintaining, and complying with applicable law in your self-hosted deployment.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Rackor does not warrant that the Service will be uninterrupted, error-free, or secure.
Benchmark results are informational only. They are not guaranteed to be accurate, complete, or fit for any particular purpose, and they should not be relied upon as the sole basis for any decision. Model behavior is provided by third parties and is probabilistic. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACKOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER OR NOT RACKOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACKOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID RACKOR FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) US$100. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you; nothing in these Terms limits liability that cannot be limited under applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Rackor and its members, managers, officers, and employees from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to Your Content, the endpoints and keys you connect, your use or misuse of the Service, or your violation of these Terms or applicable law.
13. Term and termination
These Terms apply while you use the Service. You may stop using the Service and close your account at any time, and you may cancel a paid subscription as described in the billing section. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or its users.
On termination, your right to use the Service ends. We may delete or prune your data in accordance with our retention practices and the Privacy Policy, though we may retain information as needed to meet legal or accounting obligations. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and the dispute-resolution terms — will survive.
14. Governing law, arbitration, and disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules.
Informal resolution
Before starting a formal proceeding, you agree to first contact us at [email protected] and give us a 30-day good-faith period to resolve the dispute informally. This notice must include your name, account email, and a description of the dispute and the relief sought. The informal-resolution period is a condition to starting arbitration or litigation.
Binding individual arbitration
If we cannot resolve a dispute informally, you and Rackor agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer or Commercial Arbitration Rules. The arbitration will be seated in Massachusetts, though consumer arbitrations may proceed by videoconference or, where the AAA Consumer Rules provide, in the county where you live. Judgment on the award may be entered in any court with jurisdiction.
Class-action waiver
You and Rackor agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.
Non-severability of the class waiver. If a court or arbitrator determines that this class-action waiver is unenforceable as to a particular claim or request for relief, then that claim or request — and only that claim or request — must be brought in court, and the remainder of the dispute will proceed in arbitration. Under no circumstances may a class, consolidated, or representative proceeding take place in arbitration.
Coordinated filings
If 25 or more arbitration demands of a substantially similar nature are filed against Rackor by or with the assistance of the same law firm or organization, the parties agree that the demands will be resolved in staged proceedings: the parties will each select up to 10 demands to proceed first as bellwether arbitrations, and the remaining demands will be tolled and will not be filed (and no fees will be due on them) until the bellwether arbitrations conclude, after which the parties will meet and confer in good faith about resolving the remainder.
Small-claims carve-out
Either party may bring a qualifying claim in small-claims court instead of arbitration, so long as the claim stays in that court and proceeds only on an individual basis.
30-day opt-out
You may opt out of this arbitration agreement (including the class-action waiver) by emailing [email protected] within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. If you opt out, the arbitration and class-waiver provisions will not apply to you, but the rest of these Terms will.
Jury-trial waiver and time limit
To the extent a dispute proceeds in court rather than arbitration, you and Rackor each waive any right to a jury trial to the fullest extent permitted by law. Any claim arising out of or related to the Service or these Terms must be brought within one year after the claim arises, or it is permanently barred, unless applicable law requires otherwise.
15. General terms
Changes to these Terms. We may update these Terms from time to time. For material changes — including any change to pricing, this Section 15, or the dispute-resolution terms in Section 14 — we will notify you at least 30 days before the change takes effect, by email or by a prominent notice in the Service, and the change will not apply to you until that period ends. For non-material changes, we will revise the "Last updated" date, and the change takes effect when posted. Your continued use of the Service after a change takes effect means you accept the revised Terms; if you do not agree, you should stop using the Service and may cancel as described in Section 3. Changes to the arbitration provisions do not apply to disputes that arose before the change took effect.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent, and any attempted assignment in violation of this section is void. Rackor may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate.
Severability. Except as stated in the "Non-severability of the class waiver" provision above, if any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Force majeure. Rackor will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, internet or utility failures, or failures of third-party providers.
Notices. We may provide notices to you by email to the address on your account or through the Service, and notices are effective when sent or posted. You may provide legal notices to us at [email protected] or by mail to the address in Section 16. You are responsible for keeping your account email current.
Waiver. A failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.
Entire agreement. These Terms, together with the Privacy Policy, any applicable order form, and the license accompanying the self-hosted image, are the entire agreement between you and Rackor regarding the Service and supersede any prior agreements on that subject.
16. Contact
If you have questions about these Terms, contact us at [email protected] or by mail at:
Rackor Labs LLC
82 Wendell Lane, Ste 100
Pittsfield, MA 01201
United States