Not only it is available, but people have been fine-tuning LLaMA using GPT-4 outputs and training data generated by it for a while now; that's why you see models with names like gpt4-x-alpaca on HuggingFace.
1. It is available via API 2. Likely not a conspiracy theory. Newer models don't have logits available and that's almost certainly because they didn't want other labs distilling from them.
But it is, waitlisted-gated, but available. I have API access.
I think it is available now.