Terms of Service
Last Updated: November 9, 2026
These Terms of Service ("Terms") form a binding agreement between you ("you," "your," "User," or "Customer") and Zerith LLC, a limited liability company organized under the laws of the State of Wyoming, United States ("Zerith," "we," "us," or "our"), governing your access to and use of the jmds.dev website, the API gateway available at api.jmds.dev, the user console, and all related services (collectively, the "Service").
By creating an account, generating an API key, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.
1. Description of the Service
Zerith operates an AI API gateway. The Service proxies and routes your API requests to third-party upstream AI model providers (including, without limitation, OpenAI, Anthropic, Google, DeepSeek, Alibaba (Qwen), Mistral, Meta (Llama), and Cohere) and returns their responses to you through a unified, OpenAI-compatible and Anthropic-compatible interface.
We do not create, own, train, host, or control the underlying AI models. We are a routing and aggregation layer. The models, their availability, their behavior, their pricing inputs, and their outputs are determined by the respective upstream providers. We may add, remove, rename, re-route, or change the availability of any model at any time, including in response to changes made by an upstream provider.
The Service does not include, and we are not responsible for, any third-party product, model, cloud platform, payment channel, or service that you access through or alongside the Service. Such third parties may impose their own terms, usage policies, regional restrictions, and pricing, and their acts, omissions, outages, content filtering, model retirements, or price changes may affect the Service.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is not directed to, and may not be used by, anyone under 18. The Service is intended for development and commercial use and is not a consumer product.
You may only use the Service in countries and regions where it is lawfully available, and you may not use it if you, or any entity that controls you, are subject to applicable sanctions or are located in a sanctioned or embargoed jurisdiction. You are responsible for compliance with all export-control, sanctions, and local laws applicable to your use.
3. Accounts and API Keys
- Registration. You must provide accurate and complete information when you register and keep it current. You are responsible for all activity that occurs under your account.
- API keys. API keys authenticate requests to the Service and are secrets. You are solely responsible for keeping your API keys confidential. Do not publish, embed in client-side code, or otherwise expose your keys, and do not share them except as permitted under "Who may use your account" below. You are responsible for all usage and charges incurred under your keys, whether or not authorized by you.
- Security. Notify us immediately at [email protected] if you suspect any unauthorized use of your account or keys. We are not liable for losses arising from your failure to safeguard your credentials.
- One account. You may not create accounts by automated means, maintain multiple accounts to evade limits, quotas, suspensions, or pricing, or register on behalf of anyone other than yourself or an entity you are authorized to represent.
- Who may use your account. An individual's account is for that individual's own use. An organization's account may be used by its employees and contractors acting on its behalf, and the organization is responsible for their use. You may create as many API keys as you need for your own applications, devices, and environments. You may not resell access to the Service, or share an account, subscription, or API key with people outside the account holder — for example, by pooling one subscription among unrelated individuals or splitting its cost with them. Wider shared use requires our prior written consent. Building your own product or application on the Service is not resale, as long as your end users use your product rather than receiving your account, your API keys, or direct or pass-through access to the Service's API. If your current use may fall outside this paragraph, contact us at [email protected] and we will work with you on a suitable arrangement; for use that began before October 21, 2026, we will give you reasonable notice and time to adjust before taking action under Section 10.
4. Acceptable Use
You agree not to use the Service, and not to permit any end user or downstream recipient of your access to use the Service, to do any of the following. This Acceptable Use Policy applies to all access to the Service, including via any authorized resale or pass-through access.
4.1 Unlawful, harmful, and abusive use. You may not:
- violate any applicable law or regulation, or infringe or misappropriate any third party's intellectual property, privacy, or other rights;
- generate, solicit, or distribute child sexual abuse material (CSAM) or any content that sexually exploits or endangers minors;
- create or facilitate malware, ransomware, exploits, botnets, denial-of-service attacks, or other means of compromising the security, integrity, or availability of any computer, network, or system;
- develop, design, or facilitate weapons, including chemical, biological, radiological, nuclear, or high-yield explosive weapons, or autonomous weapons systems;
- incite or promote violence, terrorism, self-harm, harassment, or hateful conduct against individuals or groups;
- engage in fraud, scams, phishing, impersonation, deceptive or predatory practices, or the generation of disinformation intended to deceive;
- conduct unlawful surveillance, social scoring, biometric identification of individuals in public or private spaces without consent, or other prohibited law-enforcement or rights-violating activities;
- compromise the privacy of others, including unlawfully collecting, processing, or disclosing personal or sensitive data.
4.2 Output handling and high-risk uses. AI outputs may be inaccurate, incomplete, biased, or otherwise unreliable. You are solely responsible for evaluating outputs before relying on or distributing them. If you use the Service in connection with high-risk domains — including legal, medical, financial, employment, housing, insurance, education/admissions, journalism, or other consequential decisions about individuals — you must implement appropriate human review, and you must disclose to your end users that they are interacting with AI and that outputs may be false or incomplete. Outputs are not professional, legal, medical, or financial advice.
4.3 Platform abuse. You may not:
- attempt to circumvent, disable, or interfere with rate limits, quotas, usage-based metering, billing, or other protective or security features of the Service;
- probe, scan, penetration-test, reverse engineer, decompile, or attempt to discover the source code, internal routing, system prompts, or upstream credentials of the Service, except to the extent this restriction is prohibited by law;
- use the Service or its outputs in a way prohibited by Section 4.5;
- resell, redistribute, sublicense, or provide pass-through access to the Service, or share accounts or API keys, except as permitted in Section 3 or with our prior written permission;
- impose an unreasonable or disproportionately large load on the Service, or use the Service in any manner that could disable, overburden, or impair it.
4.4 Upstream provider policies. Each request you send is forwarded to an upstream provider and is also subject to that provider's terms and usage policies. You are responsible for complying with the applicable upstream provider's policies. We may block, filter, or refuse any request or output to comply with an upstream provider's requirements or to protect the Service.
4.5 Model training and bulk collection of outputs. You may not:
- use outputs obtained through the Service to train, fine-tune, or distill an AI model that competes with the models available through the Service, or help anyone else do so;
- use the Service or its outputs to build a competing API gateway;
- use automated or systematic means to collect outputs in bulk — for example, sending large volumes of generated or templated prompts to build a dataset of responses, or to extract a model's behavior, capabilities, or weights.
This does not restrict normal use, such as storing the outputs your application produces, evaluating or comparing models to decide which to use, fine-tuning a model for your own non-competing purposes where the upstream provider's terms allow it, or high-volume use that serves the actual users of your product. Any further restrictions that upstream providers place on their outputs also apply (see Sections 4.4 and 9).
We may, at our discretion and without liability, monitor for, investigate, restrict, filter, modify, suspend, or terminate access in connection with suspected violations of this Section 4, as described in Sections 8.3 and 10.
5. Fees, Credits, and Billing
- Prepaid balance. The Service is offered on a prepaid, usage-based basis. You purchase a balance ("Credits"), which is consumed as you use the Service, generally metered by the number of tokens processed and the model used, according to the rates published on our pricing page.
- Pricing. Prices and consumption rates are set out on our pricing and model pages and may be updated from time to time. Material rate changes will take effect prospectively after we post them. Your continued use after a change constitutes acceptance of the updated rates. Credit values are denominated in U.S. dollars; the actual amount charged by your payment provider may vary by payment method and currency.
- Payment. Payments are processed by third-party payment processors. We do not receive or store your full payment card number. You authorize us and our processors to charge your selected payment method for the amounts you purchase.
- Policy violation fees. Each request that we determine to be a policy violation incurs a fixed policy violation fee, in addition to any usage charges the request has already incurred. Policy violations include a model refusing to respond, a request rejected by an upstream provider's content moderation, a request blocked under a cybersecurity policy, and output blocked by content filtering. The current fee and how violations are identified are published on our Model Refusals and Policy Violations page; changes to the fee take effect as described under "Pricing" above. The fee is not subject to group or other rate multipliers, is deducted from your balance even if you have an active subscription, and may reduce your balance below zero. While your balance is below zero, all access to the Service, including access under a subscription, is suspended until you top up your balance to zero or above. Policy violation fees are non-refundable.
- Taxes. Stated prices are exclusive of taxes. You are responsible for all applicable taxes, duties, and similar charges, other than taxes based on our net income.
- No guarantee of value. Credits have no cash value except as expressly required by law, are not transferable, and are not a deposit or stored-value instrument.
6. Refund Policy
Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. In summary: unused top-up balance may be refunded to the original payment method within ninety (90) days of payment, net of the fee the payment processor does not return; consumed Credits, gifted or promotional balance, and purchases tied to accounts terminated for violations are non-refundable; subscription refunds deduct the value already used; and all refund requests are subject to review, identity verification, and fraud / anti-money-laundering checks. Nothing in this Section or the Refund Policy limits any right you have under applicable law that cannot be waived by contract.
7. Service Availability
The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, and we do not warrant the accuracy, reliability, or completeness of any model output obtained through the Service.
A substantial part of the Service depends on third-party upstream providers and infrastructure. We are not responsible or liable for upstream provider outages, latency, rate limiting, content filtering, model deprecations, errors, or changes, and any such event does not entitle you to a refund of consumed Credits. We may perform maintenance, impose or change rate limits and quotas, or modify, suspend, or discontinue any part of the Service at any time.
8. Data and Privacy
Our collection and use of information is described in our Privacy Policy. In summary, and as further detailed there:
- We log request metadata (such as model, token counts, timestamps, status, and source IP) for billing, security, abuse-prevention, and operational purposes.
- Depending on configuration, the content of your API requests and responses (prompts and completions) may be logged and retained for a limited period to operate, debug, secure, and prevent abuse of the Service, and to comply with law and upstream provider requirements. When a request results in an error from the upstream provider, its full content is kept for up to 90 days to diagnose the failure.
- We run automated safety review on requests, and keep additional records when an account is suspected of a violation, as described in Section 8.3.
- To fulfil your requests, the content of your requests is forwarded to the relevant upstream AI provider, where it is subject to that provider's own terms and privacy practices.
You are responsible for ensuring that you have the necessary rights and consents to send any data (including any personal or confidential data) through the Service, and for not submitting data you are not permitted to disclose.
8.1 Optional Data Sharing Program. We offer an optional, opt-in Data Sharing Program described in our Privacy Policy. If — and only if — you affirmatively enable the Program (by checking the separate, unticked Data Sharing box during registration or by enabling it in your console settings) and route requests through the discounted "data-sharing" model group, you grant us a worldwide, royalty-free, sublicensable, and transferable license to reproduce, process, de-identify, and disclose the content of those requests and responses to third parties, and to permit those third parties to use it, in order to train, evaluate, and improve machine-learning models. In exchange, you receive discounted pricing on that model group. Participation is entirely voluntary, is separate from and not required for your acceptance of these Terms, and may be withdrawn at any time in your console settings; however, content already shared with third parties before you withdraw cannot be recalled, deleted, or unwound, and the license granted above is irrevocable with respect to such already-shared content. The Program is not available to, and may not be enabled by, users located in the European Economic Area, the United Kingdom, Switzerland, or Brazil.
8.2 Your warranties for shared content. If you participate in the Program, you represent and warrant that, for all content you route through the data-sharing model group, you hold all rights, consents, and authority necessary to permit the de-identification, disclosure, and use described in Section 8.1; that such content does not contain personal information of third parties that you are not authorized to share, trade secrets or confidential information of others, or material whose disclosure would violate any law, regulation, or contract; and that your participation does not breach any obligation you owe to a third party. Your indemnification obligations in Section 13 apply in full to all content you submit to the Program.
8.3 Safety review and content records. To prevent abuse and investigate security incidents, we run automated checks on requests sent through the Service. These checks are run by us or by service providers processing data on our behalf, and assign each reviewed request a category and a risk score.
- Review results (the category and score) are kept for up to 180 days.
- Content records. When an account is reasonably suspected of violating these Terms or the Acceptable Use Policy, we may record the full text of that account's requests and responses. These records can be accessed only by the Service's administrators, are used only to investigate the suspected violation, and are deleted as soon as the investigation ends — and in any case no later than 7 days after they are recorded.
- We keep these records longer only where the law requires us to preserve them.
The 7-day limit applies only to these safety records. It does not cover the upstream-error records described in Section 8 above and in Section 2.3 of our Privacy Policy, which are kept for up to 90 days to diagnose failures.
An automated result may lead to measures such as rate limiting or isolation. For clear, serious violations (such as those listed in Section 10), we may suspend or terminate an account directly on the basis of automated detection. You can appeal any such decision at [email protected], and a person will review it.
9. Intellectual Property
- Our property. The Service, including the gateway, console, website, software, and our trademarks and branding, is owned by Zerith or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. No other rights are granted.
- Your inputs. As between you and us, you retain whatever rights you have in the content you submit to the Service ("Inputs").
- Outputs. As between you and us, we do not claim ownership of the outputs returned to you. Outputs are generated by upstream providers and your rights in them, and any restrictions on their use, are governed by the applicable upstream provider's terms. We make no representation that outputs are unique or non-infringing.
- Feedback. If you give us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without restriction.
10. Suspension and Termination
By you. You may stop using the Service and close your account at any time. Voluntary termination does not entitle you to a refund of any remaining or consumed balance except as required by law or expressly stated in Section 6.
By us. We may suspend, restrict, filter, or terminate your access (in whole or in part, with or without notice) if we reasonably believe you have violated these Terms or the Acceptable Use Policy; if required to manage security, fraud, or attack risk; if an upstream provider suspends or restricts a service we rely on; or if required by law. We may also terminate for convenience on reasonable notice.
How we respond to violations. Our response is proportionate to the violation. We generally escalate in this order:
- Rate limiting — lowering the request rate, concurrency, or quota of the account or of specific API keys.
- Isolation — limiting the account or specific API keys to certain models or routes, or disabling specific keys, while we look into the issue.
- Suspension — temporarily blocking access to the account while we review it, or for a fixed period.
- Termination — closing the account and revoking all of its API keys.
Automatic measures. Some measures are applied automatically, without prior notice. Repeated policy violations (as defined in Section 5) within a single day automatically trigger time-limited rate limiting of the account and, if they continue, a time-limited suspension of the account. These measures lift automatically when their period ends. If an account is automatically suspended multiple times within a rolling period, we may deactivate it until a person reviews and restores it; deactivation alone is not termination and does not forfeit the account's balance. The current thresholds and durations are published on our Model Refusals and Policy Violations page and may change.
For other measures, where practical, we will tell you what we observed and give you a chance to explain or correct it before suspending your account. We may skip steps or act without notice for serious violations (such as content that sexually exploits minors, attacks on the Service or others, fraud, or chargebacks), for repeated violations, when an upstream provider or the law requires it, or when notice would compromise an investigation. You may contact [email protected] to ask about or contest any measure, including an automatic one, and a person will review it.
Balance and refunds. Rate limiting and isolation do not affect your balance or your right to request a refund. Policy violation fees under Section 5 are charged regardless of any measure under this Section and are non-refundable. While an account is suspended, refund requests are on hold until the review ends or, for an automatic time-limited suspension, until the suspension ends; if the suspension is lifted, the Refund Policy applies as usual. If an account is terminated for violating these Terms or the Acceptable Use Policy, its remaining balance and purchases are non-refundable and forfeited, as set out in Section 2 of the Refund Policy.
Effect. On termination, your license to use the Service ends and your API keys are revoked. Sections that by their nature should survive (including Sections 4, 6, 7, 9, 11, 12, 13, 14, and 15) survive termination.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE, RELIABLE, OR FIT FOR YOUR PURPOSES. WE MAKE NO WARRANTIES REGARDING ANY THIRD-PARTY PROVIDER, MODEL, OR SERVICE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZERITH LLC, ITS MEMBER, OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO THE SERVICE, INCLUDING ANY MODEL OUTPUT OR THE ACTS OR OMISSIONS OF ANY UPSTREAM PROVIDER.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification
You will defend, indemnify, and hold harmless Zerith LLC and its member, affiliates, and personnel from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Inputs or the data you submit through the Service; (b) your use of the Service or any output; (c) your violation of these Terms, the Acceptable Use Policy, applicable law, or any upstream provider's terms; or (d) your violation of any third party's rights.
14. Dispute Resolution; Governing Law
- Governing law. These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules.
- Informal resolution. Before filing any claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally in good faith for at least thirty (30) days.
- Binding arbitration. Except for claims that may be brought in small-claims court and claims for injunctive relief relating to intellectual property or unauthorized use, any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered under the rules of a recognized arbitration provider, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
- Class-action waiver. You and we agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You and we waive any right to a jury trial.
- Venue. To the extent any dispute is not subject to arbitration, the state and federal courts located in Wyoming shall have exclusive jurisdiction, and you consent to personal jurisdiction there.
15. General
- Changes to these Terms. We may update these Terms from time to time. We will update the "Last Updated" date and, for material changes, provide reasonable notice (such as by email or an in-console notice). Your continued use of the Service after changes take effect constitutes acceptance.
- Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including upstream provider failures, internet or infrastructure outages, acts of government, or natural disasters.
- Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
16. Contact
Questions about these Terms may be sent to:
Zerith LLC (operator of jmds.dev) Email: [email protected]