Terms of Service

1. Acceptance and Eligibility

1.1 Agreement to Terms

By creating an account, accessing the API, or otherwise using any part of the Service, you represent and warrant that you have the legal capacity and authority to enter into this Agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Your continued use of the Service after any modifications to these Terms constitutes acceptance of those modifications. If you do not agree with any changes, your sole and exclusive remedy is to discontinue use and terminate your account.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, Cookies Policy, Refund Policy, and any other policies published on our website.

1.2 Eligibility

• You must be at least 18 years of age, or the age of legal majority in your jurisdiction.
• The Service is intended for business, commercial, professional, or development purposes.
• You may not use the Service if you are located in, or are a national or resident of, any country subject to comprehensive U.S., EU, or UK sanctions.

1.3 Entire Agreement

These Terms, together with all incorporated documents and any applicable Order Form, constitute the entire agreement between you and MegaLLM with respect to the Service and supersede all prior communications, proposals, and agreements.

2. Nature of Service — Aggregator and Routing Intermediary

2.1 Aggregator Identity

MegaLLM.io is an AI PROVIDER AGGREGATOR that provides unified API access to third-party AI model providers. MegaLLM.io is NOT a provider, developer, creator, operator, or host of any AI model. MegaLLM.io does NOT:

• Run, execute, or host any AI model or inference infrastructure
• Train, fine-tune, develop, or create any AI model
• Generate, produce, author, or create any AI-generated content or output
• Exercise any editorial control, selection, curation, or modification of AI model outputs
• Endorse, recommend, certify, or vouch for any AI model, provider, or output

The Service consists exclusively of: API routing, request forwarding, load balancing, billing aggregation, developer tools (dashboard, API key management, analytics, documentation), and ancillary platform features.

2.2 Failover Disclaimer

While MegaLLM's routing system may attempt to route requests to alternative providers when a requested model or provider is unavailable, failover is not guaranteed to be seamless, instantaneous, or successful. You may disable automatic failover using the x-megallm-strict-provider: true header.

2.3 Model Availability

Supported models and providers may be modified, suspended, or discontinued at any time without liability to you. The inclusion of any model does not constitute an endorsement of that model or its provider.

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete registration information and maintain the accuracy of such information.

3.2 API Key Security

You are solely responsible for maintaining the confidentiality and security of your account credentials and API keys. Store API keys in environment variables or a secrets management system — never in client-side code or public repositories. You are responsible for all activities under your account.

You must notify security@megallm.io immediately upon discovering any unauthorized use of your account or API keys.

4. API Access and Usage Rights

4.1 License Grant

Subject to your compliance with these Terms, MegaLLM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service through the documented API, SDKs, and client libraries.

4.2 Restrictions

You may not:

• Sublicense, resell, or redistribute access to the Service without MegaLLM's prior written consent
• Exceed the rate limits, usage limits, or spending controls applicable to your tier
• Use the Service in violation of the Acceptable Use Policy
• Access the Service through any means other than the documented API, SDKs, and client libraries

4.3 Fair Use

MegaLLM reserves the right to implement and enforce rate limits, concurrency limits, burst limits, and other usage controls at its sole discretion.

5. Acceptable Use

Your use of the Service is governed by the Acceptable Use Policy, which is incorporated by reference. Violation of the AUP may result in immediate suspension or termination without notice, without refund, and without liability to you.

6. Billing, Payment, and Credits

6.1 Pricing

All pricing is published at https://megallm.io/pricing and is subject to change. MegaLLM may adjust pricing at any time. Continued use after a price change constitutes acceptance.

6.2 Charges

Charges comprise: (a) the cost of the underlying third-party AI model provider ("Provider Cost"), and (b) MegaLLM's routing and service fee ("Platform Fee"). Provider pricing is set by the respective providers and may change without notice.

6.3 Upstream Price Changes

If an upstream model provider increases its pricing with less than thirty (30) days' notice to MegaLLM, MegaLLM may adjust pricing for the affected model(s) with no less than seven (7) calendar days' advance notice to you. Upstream price pass-throughs are not billing errors and are not eligible for refunds.

6.4 Payment

All charges are in United States Dollars (USD). You authorize MegaLLM (or its payment processor, Stripe) to charge your selected payment method for all fees incurred. All charges are final and non-refundable except as expressly stated in the Refund Policy or as required by mandatory applicable law.

6.5 Prepaid Credits

Prepaid credits expire six (6) months from purchase, are non-refundable, non-transferable, and not redeemable for cash, except to the minimum extent required by mandatory applicable law. See the Refund Policy for jurisdiction-specific carve-outs (California, New York, EU/EEA/UK).

6.6 Taxes

You are responsible for all applicable taxes, levies, and duties. MegaLLM may collect taxes where required by law.

6.7 Late Payment

Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). You are responsible for all costs of collection, including reasonable attorneys' fees.

7. Rate Limiting and Fair Use

7.1 MegaLLM Rate Limits

MegaLLM publishes per-tier rate limits (RPM/TPM/TPD) at https://megallm.io/pricing. MegaLLM may modify rate limits at its sole discretion. Rate-limited requests return HTTP 429 with a Retry-After header.

7.2 Upstream Provider Rate Limits

In addition to MegaLLM's own rate limits, upstream model providers enforce their own rate limits. When a provider rate-limits a request, MegaLLM returns HTTP 429 with X-MegaLLM-Rate-Limit-Source: provider. Upstream provider rate limits are outside MegaLLM's control and are not grounds for any refund, credit, or remedy.

7.3 No Billing for Rate-Limited Requests

You are not billed for requests that are rate-limited without delivering a completed response.

8. Intellectual Property Rights

8.1 MegaLLM IP

The Service, including all software, APIs, documentation, trademarks, and trade secrets, is and remains the exclusive property of MegaLLM.

8.2 Customer Content

You retain ownership of your Input Data (prompts, instructions, content submitted through the API). Output Data (AI-generated responses) ownership is governed by the applicable third-party model provider's terms. MegaLLM claims no ownership over Input Data or Output Data.

8.3 Data Use Guarantee

MegaLLM will not use your Input Data or Output Data to train, fine-tune, or improve any machine learning model — whether MegaLLM's own or any third party's. This guarantee is a material term. Any breach of this guarantee entitles you to terminate without penalty.

8.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by MegaLLM without restriction, attribution, or compensation.

9. Data Handling and Privacy

9.1 Privacy Policy

Our collection, use, and disclosure of personal information is described in the Privacy Policy.

9.2 Data Roles

MegaLLM acts as a data processor with respect to Input Data and Output Data transmitted through the API, and as a data controller with respect to Account Data and Usage Metadata.

9.3 Lawful Bases for Processing (GDPR Art. 6)

Where MegaLLM acts as a data controller, the lawful bases for processing are:

• Contractual necessity (Art. 6(1)(b)) — for Account Data and billing
• Legitimate interest (Art. 6(1)(f)) — for analytics, security monitoring, and abuse prevention
• Legal obligation (Art. 6(1)(c)) — for tax, compliance, and regulatory retention

9.4 Log Retention

By default, MegaLLM does not retain API request or response logs (Input/Output Data). You may opt in to log retention (up to thirty (30) days) through the dashboard for debugging and operational support purposes.

9.5 International Data Transfers

MegaLLM is based in the United States. Your Input Data is transmitted to the third-party model provider you select, which may process it in any country where the provider maintains infrastructure. For transfers of personal data from the EEA, UK, or Switzerland to third countries without an adequacy decision, MegaLLM relies on Standard Contractual Clauses (SCCs).

9.6 Data Subject Rights

MegaLLM provides mechanisms for data subject rights requests (access, erasure, portability, rectification, restriction, objection) as described in the Privacy Policy. Erasure requests are processed without undue delay, and in any event within thirty (30) days per GDPR Art. 12(3).

9.7 Security

MegaLLM implements commercially reasonable security measures including: TLS 1.2+ encryption in transit, AES-256 encryption at rest, API key hashing and per-key scoping, role-based access controls, and security monitoring.

10. Third-Party Model Provider Terms

10.1 General

Your use of each AI model is subject to the applicable provider's terms. You are independently responsible for compliance. Where MegaLLM's terms and a provider's terms both apply, the more restrictive provision controls.

10.2 Anthropic (Claude)

Anthropic's Acceptable Use Policy imposes restrictions that may be stricter than MegaLLM's AUP, including prohibition on autonomous decision-making in government, law enforcement, immigration, or social scoring contexts without meaningful human oversight.

10.3 OpenAI (GPT)

MegaLLM configures OpenAI API requests with store: false by default, ensuring OpenAI does not retain your data for model training. Under OpenAI's current terms, you own the outputs generated by OpenAI models and may use them commercially.

10.4 Meta (Llama)

Meta's Llama models are distributed under the Llama Community License Agreement, which includes a requirement that products with more than 700 million monthly active users obtain a separate license from Meta.

10.5 DeepSeek

DeepSeek is operated by a company based in the People's Republic of China. When you use DeepSeek models, your Input Data is transmitted to infrastructure that may be located in China, subject to the Personal Information Protection Law (PIPL).

11. Disclaimer of Warranties

Nothing in this section excludes warranties that cannot be lawfully excluded under applicable mandatory law, including mandatory EU consumer protection law.

12. Limitation of Liability

12.1 Exclusion of Damages

12.2 Cap on Liability

12.3 Exceptions

The limitations in Sections 12.1 and 12.2 do not apply to: (a) MegaLLM's gross negligence or willful misconduct; (b) liability that cannot be limited or excluded under mandatory applicable law (including mandatory EU consumer protection law); or (c) breach of Section 8.3 (Data Use Guarantee).

12.4 Basis of the Bargain

You acknowledge that fees reflect this allocation of risk and MegaLLM would not enter into this Agreement without these limitations.

13. Indemnification

13.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless MegaLLM and its officers, directors, members, managers, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) violation of these Terms, the AUP, or applicable law; (c) your Input Data or use of Output Data; (d) violation of third-party rights; (e) claims by your end users.

13.2 Cap for Non-Enterprise Customers

For Free, Developer, or Business tiers: aggregate indemnification shall not exceed the greater of twelve (12) months' fees or $10,000 USD. This cap does not apply to willful misconduct, AUP violations, or IP infringement.

14. Termination

14.1 By You

Terminate at any time through the dashboard or by contacting support@megallm.io.

14.2 By MegaLLM

MegaLLM may suspend or terminate your access at any time, for any reason, at its sole discretion. Where reasonably practicable and not prohibited by law, MegaLLM will provide notice.

14.3 Effect of Termination

Upon termination:

• Your license terminates immediately
• Outstanding charges become due
• Prepaid credits are forfeited except as required by mandatory applicable law
• You may request data export in JSON/CSV format within thirty (30) days

14.4 Survival

Sections 2, 6, 8, 11, 12, 13, 14.3, 15, and 16 survive termination.

15. Dispute Resolution

15.1 Good-Faith Negotiation

Before initiating formal proceedings, you must send a written description of the dispute to legal@megallm.io and allow thirty (30) days for resolution.

15.2 Binding Arbitration

Unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator's decision is final and binding.

15.3 EU/EEA/UK/Swiss Exception

15.4 Class Action Waiver

15.5 Small Claims

Either party may bring a claim in small claims court for disputes not exceeding five thousand United States Dollars ($5,000 USD) in any jurisdiction where such court has proper jurisdiction.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. This choice of law does not deprive EU/EEA/UK consumers of mandatory consumer protections of their country of residence.

16.2 Modifications

MegaLLM may modify these Terms at any time with reasonable advance notice via email, dashboard notification, or publication on the website.

16.3 Force Majeure

MegaLLM is not liable for failure or delay due to causes beyond reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, government action, labor disputes, power failures, internet disruptions, third-party AI model provider outages, actions, or policy changes, cyberattacks, and changes in applicable law or regulation.

16.4 Severability

If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable; remaining provisions continue in full force.

16.5 Export Compliance

You shall comply with all applicable export control laws and regulations, including U.S. Export Administration Regulations (EAR), EU dual-use regulations, and UK export controls.

16.6 Notices

Legal notices to MegaLLM: legal@megallm.io or by mail to Ghostlytics Payments, LLC, 1111B South Governors Avenue, Dover, DE 19904. Notices to you will be sent to the email address associated with your account.

16.7 Independent Contractors

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment, or franchise relationship.

17. Contact Information