Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Pelago ("Pelago," "we," "us," or "our") and all related websites, applications, products, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you are authorized to accept these Terms on its behalf. In that case, "you" and "User" also refer to that entity.

2. Eligibility

To use Pelago, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction); and
• Have the legal capacity to enter into a binding contract; and
• Not be barred from using the Service under any applicable laws or sanctions regimes.

By using the Service, you represent and warrant that you meet these requirements.

3. Description of the Service

Pelago is an AI aggregation platform that allows Users to access and interact with multiple third-party AI models through a unified interface. Features may include (but are not limited to):

• Access to various AI models provided by third parties
• Centralized messaging, history, and workspace collaboration
• Usage tracking, routing, and plan-based limits
• Tools, automations, and integrations to enhance AI-assisted workflows

We may modify, enhance, or remove features from time to time without prior notice, provided such changes do not materially violate these Terms.

Model availability, performance, and capabilities may change at any time and are not guaranteed.

4. Account Registration & Security

4.1 Account Creation

To use most features, you must create an account and provide accurate, current, and complete information. You agree to update your information to keep it accurate and complete.

4.2 Credentials & Responsibility

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account

You must notify us promptly at legal@pelago.dev if you suspect unauthorized access or a security breach. We are not liable for losses resulting from unauthorized use of your credentials if caused by your failure to safeguard them.

4.3 One User Per Account

Unless explicitly permitted (e.g., Teams/Enterprise seats), you may not share your login credentials with others.

5. Subscription Plans, Trials & Billing

5.1 Plans

Pelago may offer various plans, including free, paid, team, and enterprise tiers. Plan details (limits, pricing, features) are described on our website or within the Service and may be updated from time to time.

5.2 Example Plan Structure

(You may adjust these in your UI; if changed there, those govern.)

• Free Plan: Limited monthly messages and feature set
• Pro Plan: Fixed fee with higher limits and additional features
• Teams/Enterprise: Multi-user plan with enhanced limits, admin controls, and collaboration

If there is any inconsistency between this section and the live pricing page, the live pricing page controls.

5.3 Early Bird & Promotions

From time to time, we may offer promotional discounts or trials (e.g., early bird offers, free trial periods). Such promotions:

• Are subject to specific terms stated at the time of the offer
• Are non-transferable and may be modified or revoked at our discretion

5.4 Billing & Renewals

• Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected).
• By starting a paid plan, you authorize Pelago (via our payment processors) to charge the payment method on file for applicable fees, taxes, and renewals.
• Subscriptions automatically renew until canceled.

5.5 Cancellation

You may cancel your subscription at any time via your account settings:

• Cancellation takes effect at the end of the current billing period.
• You retain access to paid features until the period ends.
• Fees already paid are non-refundable except where required by law or explicitly stated otherwise.

5.6 Changes to Fees

We may change our pricing or plan structure. Any increase in subscription fees for your existing plan will be notified in advance and will take effect at the next renewal. Your continued use after the new pricing takes effect constitutes acceptance.

6. Usage Limits, Fair Use & Rate Limits

6.1 Message & Usage Limits

Your plan may include:

• Monthly message quotas
• Model- or feature-specific limits
• Rate limits (requests per minute/hour/etc.)

If you reach your limit, you may:

• Wait until your quota resets; or
• Upgrade to a higher plan (if available).

6.2 Fair Use

We may apply fair use policies to prevent abuse, including throttling, rate limiting, or temporary restrictions, particularly where usage:

• Is excessively high relative to typical users on your plan;
• Risks degrading performance or stability for others.

We will act reasonably and, where practical, provide notice if action is taken.

7. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Infringe, misappropriate, or violate any intellectual property, privacy, or other rights of others.
• Generate, upload, or share content that is illegal, harmful, exploitative, hateful, harassing, defamatory, or invasive of others' privacy.
• Generate or disseminate content involving sexualization of minors, non-consensual intimate imagery, or other exploitative or abusive material.
• Engage in activities related to malware, exploits, fraud, phishing, doxxing, or other security abuse.
• Attempt to bypass technical or usage restrictions, including rate limits or message quotas.
• Reverse engineer, decompile, or otherwise attempt to access or derive source code, underlying models, or trade secrets of Pelago or third-party providers (except to the limited extent permitted by law).
• Use automated means (bots, scripts, scrapers) to access or extract data from the Service, except via approved APIs in accordance with their terms.
• Use the Service to build, train, or improve models or services that compete directly with Pelago or to resell access without our prior written consent.
• Misrepresent your identity or affiliation, or impersonate any person or entity.

We reserve the right to investigate violations and cooperate with law enforcement where legally required or permitted.

8. Third-Party Services & AI Models

8.1 Third-Party Providers

Pelago routes certain requests to models and services operated by third parties (e.g., OpenAI, Anthropic, Google, and others). Your use of those models via Pelago:

• Is subject to these Terms; and
• May also be subject to the third party's own terms and policies.

8.2 No Control Over Third-Party Outputs

We do not control the algorithms or outputs of third-party models. We:

• Do not warrant the accuracy, completeness, legality, or reliability of AI-generated content.
• Are not responsible for any loss or damage arising from reliance on such outputs.

You are solely responsible for reviewing and evaluating outputs before using them in any personal, professional, or commercial context.

8.3 Compliance

You agree to comply with all applicable third-party terms to the extent they apply to your use through Pelago. If a third-party provider restricts or suspends our access, we may adjust or terminate related features without liability.

9. Intellectual Property

9.1 Pelago IP

All rights, title, and interest in and to the Service (including software, interfaces, design, logos, content, and documentation), excluding your content and third-party content, are owned by Pelago or its licensors. These are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. No other rights are granted.

9.2 Trademarks

"Pelago" and associated names, logos, and designs are trademarks or service marks of Pelago. You may not use them without our prior written permission, except as necessary to identify Pelago factually.

10. User Content & License

10.1 User Content

"User Content" means any prompts, messages, files, data, or other material you input, upload, or otherwise submit to the Service, and any outputs generated for you based on that input, to the extent permitted by applicable provider terms.

Subject to third-party rights, you retain ownership of your User Content.

10.2 License to Pelago

You grant Pelago a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display your User Content solely as necessary to:

• Provide, maintain, and improve the Service;
• Operate security, abuse detection, and debugging;
• Comply with legal obligations.

If we introduce optional programs (e.g., using data to improve models), they will be clearly disclosed and, where required, subject to consent/opt-out controls.

10.3 Responsibility

You are responsible for:

• Ensuring you have all necessary rights to submit User Content;
• Ensuring your User Content and use of outputs comply with these Terms and applicable laws.

11. Confidentiality

We will not use or disclose your confidential information except:

• As necessary to provide and secure the Service;
• As permitted under these Terms or our Privacy Policy;
• As required by law, in which case we will, where lawful, provide notice.

You should not share highly confidential or regulated data (e.g., PCI data, protected health information, classified info) unless we explicitly agree in writing.

12. Feedback

If you provide feedback, suggestions, or ideas ("Feedback"), you grant Pelago a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose without obligation or compensation to you. Feedback is not confidential.

13. Beta Features

We may label certain features as "beta," "experimental," or similar.

• These features may be incomplete, change at any time, or be discontinued.
• They are provided "as is" without any warranties, and may be subject to additional terms or limits.

14. Disclaimers

To the fullest extent permitted by law:

• The Service is provided "as is" and "as available".
• We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free;
• AI outputs will be correct, reliable, or suitable for any specific use;
• Defects will be corrected immediately.

You are responsible for independently evaluating information and outputs obtained through the Service.

15. Limitation of Liability

To the maximum extent permitted by law:

Pelago and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenues, data, or business opportunities, arising out of or related to your use of (or inability to use) the Service, whether based on contract, tort, or other theory, even if advised of the possibility of such damages.

Our total aggregate liability for any claims arising out of or related to the Service or these Terms shall not exceed the greater of:

• The amounts you paid to Pelago for the Service in the three (3) months preceding the event giving rise to the claim; or
• One hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain limitations; in those cases, the above limits apply to the fullest extent permitted.

16. Indemnification

You agree to indemnify, defend, and hold harmless Pelago and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service;
• Your User Content;
• Your violation of these Terms;
• Your violation of any law or third-party rights.

17. Suspension & Termination

17.1 By You

You may stop using the Service at any time. You may cancel paid subscriptions via your account settings.

17.2 By Us

We may suspend or terminate your access (in whole or part) immediately, with or without notice, if:

• You breach these Terms or applicable law;
• We are required to do so by law or by a third-party provider;
• Your use poses a security, legal, or operational risk.

Upon termination:

• Your right to use the Service ceases immediately;
• We may (subject to legal obligations) delete or restrict access to your account and related data after a reasonable period.

Sections that by their nature should survive (e.g., IP, limitations of liability, indemnification, governing law) will continue to apply.

18. Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time. Where a change materially reduces core functionality for paid users, we will make reasonable efforts to provide notice.

19. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Virginia, U.S.A., without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Virginia, and you consent to such jurisdiction and venue.

20. Export Control & Sanctions

You may not use the Service if:

• You are located in, or are a resident of, any jurisdiction subject to comprehensive U.S. or other applicable sanctions; or
• You are on any denied or restricted party list under applicable export control or sanctions laws.

You agree to comply with all such laws in connection with your use of the Service.

21. Entire Agreement & Miscellaneous

• These Terms, together with the Privacy Policy and any applicable plan-specific or feature-specific terms, constitute the entire agreement between you and Pelago regarding the Service.
• If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Our failure to enforce any right or provision is not a waiver of such right or provision.
• You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

22. Contact

If you have questions about these Terms or the Service, contact us at:

Email: legal@pelago.dev