Terms of service

These terms are between you and José Cabrero-Holgueras, established in Madrid, Spain and trading as Perdurance. The legal notice carries the full identification. “We” and “us” mean Perdurance; “you” means the organisation on whose behalf the account is opened.

You accept these terms by opening an account or by using the service. If you are accepting on behalf of an organisation, you are stating that you are authorised to bind it.

1. This service is not sold to consumers

Perdurance is offered only to businesses and to people acting in the course of a trade, business, craft or profession. It is not offered to consumers, and by opening an account you confirm that you are not contracting as one. Consumer protection law — including the withdrawal rights under Directive 2011/83/EU and the Spanish consolidated consumer act — does not apply to this contract, and much of what follows would read differently if it did.

We may ask you to evidence this, and we may close an account opened in breach of it and refund what is unused.

2. What the service does

Perdurance accepts a request intended for a large language model, answers with an identifier immediately, performs the upstream call on your behalf, and stores the request, the response, each streamed chunk and the usage counts so you can collect the result later by that identifier.

The service routes to model providers using your credentials under your contract with them. We do not resell model capacity, we do not stand behind what a model returns, and your agreement with a provider governs your use of that provider. If a provider suspends you, terminates you or changes its prices, that is between you and them.

3. Accounts and credentials

You are responsible for everything done with your credentials. API keys are shown once, at the moment they are issued, and we cannot show them again — we store only a one-way hash, so we do not have them. Keep them secret, rotate them when someone leaves, and tell us at hello@perdurance.dev if you believe one has escaped.

You must give accurate account information and keep it current. One person must hold ownership of each tenancy, and you are responsible for transferring it before that person leaves your organisation.

4. Your content stays yours

The requests you submit, the responses they produce, and the provider credentials you configure are your content. You own it. We claim no rights in it beyond the narrow licence needed to run the service you asked for: to store it, transmit it to the provider you nominated, and give it back to you.

We do not train on it. No prompt, response or stored chunk is used to train, fine-tune or evaluate any model. We do not read your content except where you ask us to for support, or where we are compelled by law.

You are responsible for what you send. You confirm you have the rights and, where personal data is involved, the lawful basis to send it and to have us process it. Where it contains personal data, the data processing agreement applies and forms part of these terms.

5. What you may not do

• Break the law with it, or use it to produce material that is unlawful where you or your users are.
• Send content you have no right to send, including someone else’s personal data without a basis for it.
• Attack the service or the infrastructure under it: probing for holes without written permission, denial of service, circumventing quotas, or trying to reach another tenancy’s data.
• Reverse-engineer, decompile or attempt to derive the source of the software, except to the extent Spanish law says such a term is unenforceable.
• Resell or sublicense access to the hosted service without our written agreement.
• Use a stolen or unauthorised provider credential, or one you are not permitted to use.

We may suspend an account immediately where continuing would break the law, endanger the service, or endanger another customer. We will tell you why, and restore access once the cause is gone.

6. Availability

The pay-as-you-go service is provided on a reasonable-efforts basis and carries no service level agreement. It may be interrupted for maintenance, and it depends on providers we do not control. A committed availability target is available as part of an enterprise agreement; ask at hello@perdurance.dev.

Durability is the thing this service is for, and we build for it — but it is not a backup product. Keep your own copy of anything you cannot afford to lose.

7. Fees, tax and refunds

Prices are published at perdurance.dev. Usage is metered and billed as it is described there. We may change prices with 30 days’ notice by email; a change never applies to usage already incurred.

Sales are made through Polar as merchant of record. Polar is the seller on your invoice, takes the payment, and collects and remits any VAT or sales tax. Your purchase is therefore also subject to Polar’s own terms at https://polar.sh. Where those terms govern the transaction and these govern the service, and the two conflict on a question of payment, theirs prevail on that question.

Prices are exclusive of tax unless stated. Fees for usage already delivered are not refundable, because the upstream cost has already been spent on your behalf. If you believe you have been billed in error, write to hello@perdurance.dev within 60 days and we will investigate and, where the error is ours, correct it. Refunds are issued through Polar.

8. Intellectual property

The software, this website and the Perdurance name and mark are ours and stay ours. These terms grant you a non-exclusive, non-transferable right to use the hosted service for the term, and nothing more. Perdurance is proprietary; there is no public source repository and no licence to copy or redistribute it.

If you send us feedback, we may use it without obligation to you. This does not give us any right in your content.

9. What we do not promise

To the fullest extent the law allows, the service is provided as is. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, and we make no promise whatsoever about the content a model returns — its accuracy, its suitability, or its fitness for any decision you take on it.

10. Liability

Neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of or damage to data, however caused.

Our total aggregate liability arising out of or in connection with these terms is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that Spanish law does not permit to be excluded or limited.

11. Indemnity

You will indemnify us against claims brought by a third party arising from your content or from your use of the service in breach of these terms. We will tell you promptly of any such claim, let you control its defence, and cooperate at your expense.

12. Ending it

You may close your account at any time from the console. We may terminate for material breach that is not cured within 30 days of notice, or immediately in the circumstances described in section 5.

On termination, access ends and your content is deleted within 30 days, except where the law requires us to keep a record. Ask before you close the account if you want an export — after deletion we cannot produce it, and that is by design rather than obstruction.

13. Changes

We may change these terms. Material changes are notified by email to account holders at least 30 days before they take effect, and using the service after that date is acceptance. If you do not accept, close the account before the date and we will refund any unused prepaid balance.

14. Law and jurisdiction

These terms are governed by Spanish law, without regard to its conflict of law rules. The courts of Madrid, Spain have exclusive jurisdiction over any dispute arising out of them. Since this contract is not made with consumers, no consumer forum applies.

15. The rest

• Entire agreement. These terms, the data processing agreement and the privacy policy are the whole agreement between us, and replace anything said beforehand.
• Severability. If a term is unenforceable, the rest stands and the unenforceable one is read down as far as needed to make it work.
• No waiver. Not enforcing a term once does not give it up.
• Assignment. You may not assign without our written consent. We may assign to a successor to the business.
• Notices. To you, at the email on your account. To us, at hello@perdurance.dev.
• Force majeure. Neither party is liable for a failure caused by something genuinely outside its control.