These Terms of Service ("Terms") govern your access to and use of the websites, APIs, dashboards, and other software made available by Perchy, Inc. ("Perchy", "we", "us") at perchy.ai and api.perchy.ai (the "Services"). By creating an account or using the Services you agree to these Terms.
1. The agreement
These Terms form a binding agreement between you (or the entity you represent) and Perchy. If you are accepting on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.
Where your use is governed by a separately signed master services agreement, that agreement controls and these Terms apply only to the extent not inconsistent with it.
2. Accounts and access
You must register for an account to use the Services. You are responsible for the accuracy of registration details, the security of your credentials and API keys, and all activity that occurs under your account. You must be at least 18 years old.
API keys are sensitive credentials. Treat them like passwords. Notify us immediately at security@perchy.ai if you suspect a key has been exposed.
3. The service
Perchy provides routing and reservation infrastructure on top of a marketplace of GPU hosts and third-party model providers. We do not guarantee that any specific model, host, or feature will remain available, but we will provide reasonable advance notice before deprecating a stable v1 endpoint.
We may improve, modify, or discontinue features. Beta or preview features are clearly labeled and provided "as is" — they may change or be removed without notice.
4. Fees and billing
You pay the fees published on the pricing page for the components of the Services you use. Concurrency plans are one-time purchases that set the number of concurrent requests on your account; usage extensions purchase additional API usage that is consumed by per-token calls.
Charges are billed in U.S. dollars and processed by Stripe. Local taxes are added at checkout where applicable.
All sales are final except as expressly stated in our refund policy.
Unused usage allowance does not expire while your account is in good standing, but is non-transferable and non-refundable except as described in the refund policy.
We may change prices on a forward-looking basis. Changes apply to purchases after the change takes effect.
5. Customer content
"Customer Content" means inputs you submit to the Services and outputs returned to you. As between you and Perchy, you own your Customer Content. You grant Perchy a limited, non-exclusive license to host, transmit, and process Customer Content solely to provide the Services and for the limited operational purposes described in our Privacy Policy.
We do not use your Customer Content to train foundation models, and we do not sell your Customer Content. You are responsible for ensuring you have the rights to submit any Customer Content you send through the Services.
6. Acceptable use
Your use of the Services must comply with our Acceptable Use Policy. You may not use the Services to violate law, infringe rights, generate CSAM or non-consensual sexual content, evade provider rate limits, or perform automated harm.
7. Third-party model providers
The Services route requests to model providers (e.g., Anthropic, OpenAI, Google, DeepSeek, MiniMax, Meta, Mistral, Qwen, and others) and to GPU hosts on the Perchy marketplace. Use of those models is also governed by the applicable provider's terms and acceptable use policy. We pass through provider notices when required.
8. Intellectual property
Perchy and its licensors own all right, title, and interest in and to the Services, including all software, designs, logos, and documentation. We grant you a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.
Feedback you provide is non-confidential, and you grant Perchy a perpetual license to use it without restriction. Outputs you receive from generative models are subject to the upstream provider's ownership and licensing rules.
9. Confidentiality
Each party may receive non-public information of the other ("Confidential Information") and will protect it with at least the same care it uses for its own, and use it only to perform under these Terms. This obligation survives for three years following termination.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". PERCHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, RELIABLE, OR FREE FROM ERROR. YOU MUST EVALUATE OUTPUTS BEFORE RELYING ON THEM IN PRODUCTION.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO PERCHY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT APPLIES IN AGGREGATE ACROSS ALL CLAIMS.
12. Indemnification
You will defend and indemnify Perchy from third-party claims arising from your Customer Content, your violation of these Terms, your use of outputs in commercial decisions, or your violation of applicable law.
13. Suspension and termination
We may suspend access immediately to address security incidents, suspected abuse, or non-payment. We will give reasonable notice when feasible. Either party may terminate for material uncured breach after thirty (30) days' notice. On termination, your right to use the Services ends; remaining usage allowance is handled as described in the refund policy.
14. Changes to these terms
We may update these Terms from time to time. We will post the revised version with a new effective date. Material changes will be highlighted via in-product notice or email at least fifteen (15) days before they take effect, except for changes required by law, which may take effect sooner.
15. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict of laws rules. The exclusive venue for any dispute is the state or federal courts located in San Francisco County, California, and each party consents to personal jurisdiction there. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
16. Contact
Perchy, Inc., 548 Market St, PMB 38421, San Francisco, CA 94104, USA. Legal notices should be sent to legal@perchy.ai.
