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Last updated: 2026-09-20

These Terms of Service ("Terms") are a contract between you and Cognitivers LLC, a limited liability company formed under the laws of [STATE], United States, with registered address at [REGISTERED ADDRESS] ("Cognitivers", "we", "us"). They govern your use of the Cognitivers API, the chat interface, the embeddings service, the console and the website (together, the "Service").

By creating an account, using an API key or clicking "I agree", you accept these Terms, the Acceptable Use Policy ("AUP"), the Privacy Policy and, where you process personal data through the Service, the Data Processing Addendum ("DPA"). If there is a conflict, the AUP wins on what you may do with the Service, the DPA wins on personal data, and these Terms win on everything else.

1. What the Service is, in one paragraph

Cognitivers serves open-weight language models over an OpenAI-compatible API. Some of those models are variants whose refusal behaviour has been removed ("abliterated"). We do not run a moderation layer between you and the model. We do not train on your traffic. Model versions are pinned, so the model you tested is the model you get until we announce a change. This design is the point of the product, and it is also why the AUP is strict and enforced.

2. Definitions

Account: your registration with us, including all users, API keys and workspaces under it.
API key: a credential that authenticates requests to the API. Each key has its own budget and retention setting.
Credits: prepaid balance, in euros, that is consumed by usage at the published prices.
Plan: a paid subscription that bundles usage, features or limits, as described on the pricing page.
Input: anything you send to the Service, including prompts, system messages, files, embeddings inputs and chat messages.
Output: anything the Service returns in response to an Input, including completions, embeddings and metadata.
Model: a machine-learning model we make available through the Service, including modified variants we host.
Model Terms: the licence and any use restrictions attached to a Model by its upstream author or licensor.
Customer, you: the person or organisation that accepts these Terms.
Consumer: an individual who uses the Service for purposes wholly outside their trade, business, craft or profession. See section 3 on why this should be rare.

3. Eligibility and accounts

3.1. You must be at least 18 years old. The Service is intended for professional and organisational use. If you sign up for an organisation, you confirm you have authority to bind it, and "you" means that organisation.

3.2. You must give accurate registration and billing information and keep it up to date. We may ask you to verify your identity, your organisation or your intended use before or after granting access, and we may refuse or limit access if we are not satisfied. This is part of the compliance programme described in section 6.

3.3. You are responsible for everything that happens under your Account, including the actions of your users, your end customers and any application you build on the Service.

3.4. There is no free tier. Access to Models requires a Plan or a positive Credit balance.

4. API keys, budgets and retention settings

4.1. Keep API keys secret. Do not embed them in client-side code or share them outside your organisation. Rotate a key immediately if you think it is exposed and tell us if you think the exposure was serious.

4.2. Each key can carry a spending budget. Budgets are a control we offer you, not a guarantee: a burst of concurrent requests may overshoot a budget by a small amount before the limit takes effect, and you pay for what was served.

4.3. Each key carries a retention setting that governs what we store about requests made with it:

None: we store no request or response content and no per-request metadata beyond what billing requires (aggregate token counts and cost).
Metadata only (default unless you change it): we store per-request metadata (timestamps, model, token counts, latency, status codes, key and Account identifiers) but not the content of Inputs or Outputs.
Full requests: we store Inputs and Outputs so that you can review them in the console or export them. You choose this. You are responsible for having the right to store that content with us.

Retention periods are set out in the Privacy Policy. Changing the setting applies to new requests only.

4.4. Audit log export lets you download the metadata and, where you chose full retention, the content we hold for your Account. You are responsible for what you do with the export.

5. The Service, changes and deprecation

5.1. We provide the API, the chat interface and embeddings as described in the documentation. We may add, change or remove features. We will give at least 30 days' notice before removing a Model from the catalogue or changing a pinned Model version, except where we must act faster because of a legal requirement, a licensor request, a security issue or a serious abuse pattern.

5.2. Pinned versions: a Model version listed as pinned will not change under you without notice. "Same weights" is what we promise; identical outputs are not, because inference hardware, batching and sampling introduce variation.

5.3. We may set and change rate limits, context limits and concurrency limits. Current limits are published in the documentation.

5.4. Beta or preview features are provided as is, may be withdrawn at any time and are excluded from any service-level commitment.

6. Acceptable use, verification and our compliance programme

6.1. You must comply with the AUP. It is part of these Terms. A breach of the AUP is a material breach of these Terms.

6.2. Because we serve models without a refusal layer, we run a written compliance programme instead. It includes verification of accounts before or after signup, review of offensive-security use cases, automated abuse signals that do not require a human to read your content, a suspension and termination ladder, and reporting of serious offences to the competent authorities. You agree to cooperate with it.

6.3. If you use the Service for work that is offensive in nature (for example penetration testing, exploit development, malware analysis with generation, social-engineering simulation), we may ask you for evidence that you are authorised to do that work: an engagement letter, a scope document, a bug-bounty programme reference or an equivalent. You must provide it within 5 business days. If you do not, we may suspend the relevant keys or the Account.

6.4. We may also ask business customers to provide the identity of the organisation, its registration number, a business contact and a short description of the intended use ("know your business" checks). We may refuse or end service to persons or organisations we cannot verify, that appear on a sanctions list, or whose stated use we consider incompatible with the AUP.

6.5. You must not use the Service to provide your own end users with access to a Model in a way that would let them breach the AUP through you. If you resell or expose Model access, you must pass on restrictions at least as strict as the AUP and enforce them.

7. Models, Model Terms and upstream licences

7.1. The Models are third-party open-weight models, or variants of them that we or others have modified. Each Model page lists the upstream licence (for example Apache 2.0, MIT, Llama Community Licence, Gemma Terms of Use, Qwen licence) and any use restrictions or attribution requirements that come with it ("Model Terms").

7.2. You are responsible for reviewing the Model Terms of each Model you use and for making sure that your use, your users' use and your Outputs comply with them. Where Model Terms conflict with these Terms in respect of the Model itself, the Model Terms govern.

7.3. We may suspend, restrict or remove a Model if the upstream licensor requires or requests it, if a court or authority orders it, or if we reasonably believe that continuing to serve it would be unlawful.

7.4. Modified Models (including abliterated variants) are provided as general-purpose models. We do not represent that any Model is fit for, or has been tested for, any specific task, and we make no claim about the safety properties of a Model whose refusal behaviour has been removed. That is your evaluation to make.

7.5. We do not grant you any right to download the weights of a Model through the Service. If a Model is available for download elsewhere, that is under its own licence and not under these Terms.

8. Inputs, Outputs and training

8.1. You own your Inputs. As between you and us, you own the Outputs and may use them for any lawful purpose, subject to the AUP and the Model Terms. We do not claim any rights in your Outputs.

8.2. You grant us the limited licence we need to process Inputs and produce Outputs, to store them according to the retention setting you chose, to provide the export feature, and to investigate suspected abuse.

8.3. We do not use your Inputs or Outputs to train, fine-tune or evaluate any Model. We do not sell them.

8.4. Outputs are generated by statistical models. They may be wrong, incomplete, biased, offensive, insecure or infringing, and they may be similar to Outputs returned to other customers. You must not rely on an Output without independent verification when the consequence of error is serious. You are responsible for the use you make of Outputs, for any decisions taken on their basis, and for any content you publish that contains them.

8.5. If you deploy Outputs to people other than your own staff, you are responsible for the transparency obligations that apply to you as the deployer of an AI system, including under Regulation (EU) 2024/1689 (the AI Act) where it applies, such as telling people that they are interacting with an AI system or that content is synthetic. We will provide the technical information you reasonably need to comply, on request.

8.6. Nothing in these Terms makes us the provider of any downstream AI system that you build with the Service.

9. Fees, Credits, Plans and taxes

9.1. Prices are published on the pricing page and in the documentation. Usage is measured in tokens (and, for embeddings, in input tokens) and billed at the price in force when the request is served. Prices may change with at least 14 days' notice; a change does not affect Credits already bought.

9.2. Credits are prepaid. They are consumed by usage and are not interest-bearing. Credits expire 12 months after purchase unless the law of your country prohibits expiry, in which case they do not expire. Credits are not transferable between Accounts.

9.3. Plans renew automatically at the end of each billing period until you cancel from the console. Cancellation takes effect at the end of the current period.

9.4. Payments are processed by Stripe. We do not store full card numbers. By paying you also accept Stripe's terms as they apply to the payment. If a payment fails, we may suspend the Service until it is settled.

9.5. All prices exclude VAT and any other applicable tax. You are responsible for taxes that apply to you.

If you are a business established in the EU and give us a valid VAT identification number, we will not charge VAT and the reverse-charge mechanism applies: you account for VAT in your own country.
If you are a Consumer in the EU, or a business that does not give us a valid VAT number, we will charge VAT at the rate of your country as the law requires.
Outside the EU, we apply the tax rules that apply to us in your country, if any.

9.6. You must give us accurate tax information (country, VAT number, business status). If it is wrong, you are liable for any tax, penalty and interest we incur as a result.

9.7. Disputed charges must be raised within 60 days of the invoice date. We will investigate in good faith and correct genuine errors.

10. Refunds and withdrawal rights

10.1. Business customers: Credits and Plan fees are non-refundable except where these Terms or the law say otherwise, or where the Service was unavailable in breach of a written service-level commitment.

10.2. Consumers in the EU and UK: you have a statutory right to withdraw from a distance contract within 14 days without giving a reason. The Service is a digital service that starts immediately. By buying Credits or a Plan you ask us to start providing the Service at once and you acknowledge that:

you can withdraw within 14 days and receive a refund of the unused part of the Credits or the unused pro-rata part of the Plan;
the part already used is not refundable, because you asked us to start at once.

To withdraw, email [LEGAL EMAIL] with your Account email and the date of purchase. No form is required.

10.3. We may refund at our discretion in other cases, for example where a Model was withdrawn shortly after you bought Credits specifically for it.

11. Suspension and termination

11.1. You may close your Account at any time from the console. Closing your Account forfeits unused Credits unless section 10 gives you a refund right.

11.2. We may suspend keys or the Account immediately, with notice as soon as practicable, if:

we reasonably believe the AUP has been breached, or that continuing service would break the law or expose us to serious liability;
you have not provided verification or evidence of authorisation we requested under section 6;
a licensor, a court, an authority or our payment processor requires it;
payment has failed or a chargeback has been made;
your usage threatens the stability or security of the Service.

11.3. We aim to act proportionately. Where the breach is a good-faith error by a professional doing authorised work, we will say so and, where we can, restore access once it is fixed. Where the breach is deliberate, we will not.

11.4. Either party may terminate these Terms for material breach not cured within 15 days of written notice, or immediately for a breach that cannot be cured. We may also terminate for convenience with 30 days' notice, in which case we will refund unused Credits.

11.5. On termination we will keep your data for the export window set out in the Privacy Policy, then delete it, except what we must keep by law or for our legal defence. Sections that by their nature should survive (payment, ownership, disclaimers, liability, indemnity, governing law) survive.

12. Service levels and support

12.1. Unless you have a signed agreement with us that includes a service-level commitment, the Service is provided without an uptime guarantee. Our published availability targets and status page are at [SLA PAGE] and are informational.

12.2. Support is provided by email in English and Spanish during our published business hours. Response times are targets, not commitments, unless a signed agreement says otherwise.

13. Data protection

13.1. Our Privacy Policy explains what personal data we process about you and your users as controller.

13.2. Where you send personal data in Inputs, you are the controller (or a processor for your own customer) and we are your processor. The DPA applies and forms part of these Terms. It includes the Standard Contractual Clauses for transfers, the list of subprocessors, our security measures and breach notification.

13.3. GPU inference and data storage take place in the European Union. Cognitivers LLC is a United States company; the DPA explains what that means for transfers and how we address it.

14. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform these Terms. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law (in which case the disclosing party will notify the other where legally permitted). Your Inputs and Outputs are your confidential information. This section lasts for 3 years after termination, and indefinitely for trade secrets.

15. Intellectual property

15.1. We and our licensors own the Service, the console, the documentation, our brand and everything we build around the Models. These Terms give you a non-exclusive, non-transferable right to use the Service while you comply with them. Nothing here transfers any intellectual property to you.

15.2. You must not copy, reverse engineer, scrape or build a competing service by extracting the Service's design, except as the law allows. Using the Service to benchmark Models and publishing the results is allowed.

15.3. If you send us feedback, we may use it without obligation to you.

16. Indemnity

16.1. You will defend and indemnify us, our officers and our staff against third-party claims, fines, damages and reasonable legal costs arising from: your Inputs; your use of Outputs; your breach of the AUP, the Model Terms or the law; your applications and your end users; and inaccurate tax or verification information you gave us.

16.2. We will defend and indemnify you against third-party claims that the Service itself (not the Models, not the Outputs) infringes a third party's intellectual property rights in the EU, the UK or the US, and pay the damages finally awarded or agreed. We may instead modify or replace the Service or, if neither is reasonable, terminate and refund unused Credits. This does not apply to claims caused by Models, Outputs, your Inputs, your modifications or your combination of the Service with other things.

16.3. The indemnified party must give prompt notice, allow the indemnifying party to control the defence and settlement, and cooperate reasonably.

17. Warranties and disclaimers

17.1. We warrant that we will provide the Service with reasonable skill and care.

17.2. Otherwise, and to the fullest extent the law allows, the Service, the Models and the Outputs are provided "as is" and "as available". We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty that Outputs will be correct, safe, lawful or free of harmful content. We do not warrant that the Service will be uninterrupted or error-free.

17.3. If you are a Consumer, you have statutory rights that this section does not reduce, including under Directive (EU) 2019/770 on digital content and digital services and its national implementations.

18. Limitation of liability

18.1. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for anything that cannot be limited under the law that applies to you.

18.2. Subject to 18.1, neither party is liable for indirect or consequential loss, loss of profit, revenue, business, goodwill or data, or for the cost of substitute services, even if advised of the possibility.

18.3. Subject to 18.1, each party's total liability under or in connection with these Terms in any 12-month period is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or 100 euros if greater.

18.4. The caps in 18.2 and 18.3 do not apply to your payment obligations, your indemnity under 16.1, or your breach of section 6, 7 or 14.

18.5. If you are a Consumer, sections 18.2 and 18.3 apply only to the extent permitted by the mandatory consumer law of your country of residence.

19. Export control and sanctions

19.1. The Service, the Models and technical data are subject to United States export laws (including the Export Administration Regulations) and sanctions administered by OFAC, and to EU export control and sanctions law (including Regulation (EU) 2021/821 and EU restrictive measures).

19.2. You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive US or EU sanctions, and that neither you nor anyone who owns or controls you is on a US, EU, UK or UN sanctions list.

19.3. You must not use the Service to develop or transfer anything that is controlled for export without the required licence, including "intrusion software" as defined in Regulation (EU) 2021/821 where an export outside the EU is involved.

20. Changes to these Terms

We may change these Terms. For material changes we will give at least 30 days' notice by email or in the console before they take effect. If you do not accept a material change you may terminate before it takes effect and we will refund unused Credits. Continued use after the effective date means you accept the change. Changes required by law or by a licensor may take effect sooner.

21. Governing law and disputes

21.1. Default choice. These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2. Consumers. If you are a Consumer resident in the European Union, the United Kingdom or another country whose law gives you mandatory protections, those protections apply to you regardless of 21.1, and you may bring proceedings in the courts of your country of residence. We may bring proceedings against you only in the courts of your country of residence.

21.3. Business customers. Any dispute that we cannot resolve by discussion within 30 days will be brought exclusively in the state or federal courts located in [STATE], and each party submits to their jurisdiction. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

21.4. Why this default. Cognitivers is a [STATE] LLC selling to businesses worldwide; a single governing law keeps the contract predictable, while 21.2 preserves the rights that EU and UK consumer law grants regardless of choice of law (Rome I, Article 6; Brussels I bis, Articles 17 to 19). Counsel may replace 21.1 and 21.3 with the law and courts of an EU Member State (for example Spain, where the GPU hosting and the founding team are located) if that is judged commercially preferable; sections 21.2 and 17.3 should stay in either case.

21.5. We are not obliged to take part in alternative dispute resolution proceedings before a consumer arbitration body, but we will consider it in good faith if you ask.

22. General

22.1. These Terms, the AUP, the Privacy Policy, the DPA and any signed order form are the entire agreement between us on their subject matter and replace prior discussions.

22.2. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor in a merger or asset sale, with notice.

22.3. Neither party is liable for delay or failure caused by events outside its reasonable control, except payment obligations.

22.4. If a provision is unenforceable it will be applied to the maximum extent permitted and the rest remains in force. A failure to enforce is not a waiver.

22.5. Notices to us go to [LEGAL EMAIL]. Notices to you go to the email on your Account.

22.6. These Terms are available in English and Spanish. If the versions differ, the English version governs, except where the law of a Consumer's country requires otherwise.

23. Contact

Cognitivers LLC, [REGISTERED ADDRESS], United States. Email: [LEGAL EMAIL]. EU representative for data protection purposes: [EU REPRESENTATIVE] (see the Privacy Policy).

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