Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

By accessing, browsing, registering for, authenticating to, or otherwise using the platform, website, application programming interfaces, software, documentation, and related services offered under OpenCheese.Dev - Intelligent AI Routing (collectively, the "Platform" or "Services"), you ("you" or "User") acknowledge that you have read, understood, and agree to be bound by these Terms of Service (these "Terms") and by our Privacy Policy (the "Privacy Policy"), which is incorporated by reference.

If you do not agree to these Terms in full, you must not access or use the Platform.

1.2 Electronic Acceptance

Your continued use of the Platform after any posted update to these Terms constitutes acceptance of the revised Terms. We may require affirmative click-through acceptance for material changes. The version published on the Platform controls.

1.3 Authority to Bind

If you access or use the Platform on behalf of a company, partnership, DAO, trust, or other legal person, you represent and warrant that you have full legal authority to bind that entity to these Terms, and that "you" refers to both you individually and that entity.

2. Eligibility

2.1 Age and Capacity

You must be at least eighteen (18) years of age (or the age of majority in your place of residence, if higher) and possess full legal capacity to enter into binding contracts under applicable law. By using the Services, you represent that you meet this requirement.

2.2 Compliance Capacity

You represent and warrant that:

• (a) you are not prohibited from using the Services under any applicable law, regulation, or sanctions regime;
• (b) you are not located in, resident of, citizen of, or ordinarily present in any Restricted Region (as defined in Section 3);
• (c) you will not use the Services for any unlawful purpose; and
• (d) all information you provide to us is accurate, complete, and current.

2.3 Right to Refuse

We may refuse, suspend, or terminate access at our sole discretion, including for risk, compliance, abuse, non-payment, or operational reasons.

3. Restricted Regions

3.1 Critical Geographic Prohibition

The Services are not available to persons who are residents, citizens, or located in, or who access the Services from, the following "Restricted Regions":

• the United States of America (including territories);
• all European Union (EU) and European Economic Area (EEA) member states;
• the Russian Federation; and
• any country, territory, or person subject to comprehensive or list-based sanctions administered by OFAC, the United Nations, or other applicable regimes, or designated by the FATF as high-risk in a manner that, in our judgment, makes service inappropriate.

3.2 No Offer; Void Where Prohibited

Nothing on the Platform constitutes an offer of services in a Restricted Region. Any purported access or registration from a Restricted Region is void to the fullest extent permitted by law.

3.3 Contractual Restriction; Optional Technical Controls

The Restricted Region rules are contractual. You agree not to use the Services from a Restricted Region. We may (but are not obligated to) use technical measures to refuse, limit, or terminate access, and we may change those measures over time. Absence of a technical block does not authorize use from a Restricted Region.

3.4 Prohibition on Circumvention

You must not circumvent geographic or access rules, including by VPN, proxy, Tor, false identity data, or any other method intended to conceal a Restricted Region location or status.

3.5 Detection and Enforcement

If we believe you are in a Restricted Region or have circumvented these rules, we may suspend or terminate access, reverse or withhold credits where lawful, and retain records related to the enforcement decision.

4. Description of Services

4.1 Nature of the Platform

OpenCheese.Dev - Intelligent AI Routing provides an AI API gateway and related dashboard intended to:

• authenticate users and user API keys (typically Bearer token authentication);
• route generation and related AI requests to configured upstream model providers;
• meter usage (including tokens and related metrics);
• apply plans, prepaid balance, limits, and routing policies; and
• present usage, configuration, and account tools through the web dashboard.

Optional features may include chat, referrals, credit codes, context compaction, prompt filtering, and balance top-ups, as made available from time to time on https://opencheese.dev.

4.2 What the Services Are Not

The Services do not constitute:

• a bank, e-money institution, payment institution, or money-transmission product as a primary offering;
• a cryptocurrency exchange, broker, custodian, or wallet product;
• a guarantee of any particular upstream provider’s availability, pricing, model quality, or data practices;
• legal, medical, financial, investment, or other professional advice; or
• an open marketplace for reselling third-party provider API keys.

4.3 Upstream Providers

Requests you submit may be forwarded to third-party AI providers. Those providers process inputs and generate outputs under their own terms, policies, and technical constraints. We do not control model weights, training data, provider-side logging, or provider-side moderation beyond the integrations we configure.

4.4 Changes to Features

We may modify, suspend, or discontinue any feature of the Services at any time, with or without notice, including for maintenance, security, legal, commercial, or provider-related reasons.

5. Accounts, API Keys, and Security

5.1 Account Credentials

You must keep login credentials confidential. You are responsible for activity under your account.

5.2 API Keys

User API keys grant access to metered gateway capacity. You must:

• (a) store keys securely and not embed them in public repositories or client-side code exposed to untrusted parties;
• (b) not share keys with unauthorized persons;
• (c) rotate or revoke keys if compromise is suspected; and
• (d) notify us promptly at [email protected] of any suspected unauthorized use.

5.3 Responsibility for Activity

You are responsible for all activity occurring under your credentials or API keys, whether or not authorized by you, except to the extent caused by our proven gross negligence or willful misconduct (and then only to the extent permitted by applicable law).

5.4 Suspension

We may suspend keys or accounts immediately for suspected abuse, non-payment, security risk, legal risk, or Terms violations.

6. Plans, Balance, Fees, and Top-Ups

6.1 Plans and Prepaid Balance

Access may be provided through subscription plans, prepaid balance, promotional credits, referral credits, credit codes, or other commercial arrangements we publish. Usage of the gateway typically debits plan allowances and/or prepaid balance according to our pricing and metering rules.

6.2 Pricing and Metering

Fees, rates, and plan terms are disclosed in the applicable interface, pricing page, or order form. Metering may rely on provider-reported usage, our normalization of usage fields (including cache and related token categories), and internal accounting. You acknowledge that:

• (a) token counts and cost estimates can differ from provider invoices or third-party calculators;
• (b) we may update pricing, models, and routing catalogs;
• (c) failed, partial, or retried requests may still incur costs depending on provider behavior and our delivery rules; and
• (d) displayed balances may update asynchronously.

6.3 Top-Ups and Payment Methods

You may be able to add prepaid balance or purchase plans through supported payment methods. Those methods may include third-party processors. Optional crypto-related top-up rails, if offered, exist only to fund account balance and do not make the Platform a crypto payment gateway or exchange product.

6.4 Finality of Credits and Limited Refunds

Unless required by mandatory law or we expressly agree otherwise in writing:

• (a) prepaid balance, plan fees, and consumed usage charges are non-refundable;
• (b) top-ups credited after a successful processor confirmation are generally final; and
• (c) chargebacks or payment disputes initiated in bad faith may result in suspension and recovery of costs.

6.5 Taxes

You are responsible for any taxes, duties, or similar governmental charges arising from your use of the Services, excluding taxes based on our net income.

7. AI Outputs and Your Content

7.1 Your Content

You retain rights in prompts and other content you submit, subject to the licenses needed for us and upstream providers to process that content to provide the Services.

7.2 Outputs

Model outputs are generated by third-party systems and may be inaccurate, incomplete, offensive, biased, or unsuitable for your purpose. You are solely responsible for reviewing outputs and for any decisions, code, publications, or actions based on them.

7.3 No Professional Advice

Outputs do not constitute professional advice. You must not rely on the Services as a sole source for legal, medical, financial, safety-critical, or other high-stakes decisions without independent human verification.

7.4 Provider and Lawful Use of Content

You represent that you have all rights necessary to submit content to the Services and that your use of inputs and outputs complies with applicable law and the acceptable-use rules in Section 10.

8. Upstream Provider Data Handling

8.1 Transmission to Providers

To fulfill a request, we transmit your request content and related metadata to one or more upstream AI providers. Those providers process that data under their terms and privacy practices.

8.2 Provider Statements Are Not Our Warranties

Upstream providers may publish statements that they do not use API inputs to train models, that they retain data only for limited periods, or that they apply certain security controls. Those statements are made by the providers, not by us.

We do not control, audit, verify, or guarantee any provider’s:

• training or fine-tuning practices;
• logging, retention, or employee access;
• subprocessors or infrastructure locations;
• security posture; or
• policy changes over time.

Even if a provider claims it does not train on API data, you accept the residual risk that content may be stored, logged, reviewed, or used in ways outside our knowledge or control.

8.3 No OpenCheese Liability for Provider Handling

To the maximum extent permitted by law, OpenCheese and LMIW LLC are not responsible or liable for any upstream provider’s collection, use, retention, disclosure, training, breach, outage, ban, rate limit, content policy, or other handling of data you submit through the Services.

8.4 Your Responsibility

You are solely responsible for deciding what content to submit. Do not submit secrets, credentials, personal data of others without a lawful basis, regulated data, or highly sensitive information unless you accept the risks described in this Section and the Privacy Policy.

9. Prompt Filter

9.1 Optional User Tool

The Platform may offer a Prompt Filter feature that allows you to define literal text substitutions applied to certain outbound request text before routing to providers.

9.2 Accurate Scope (No Overclaim)

You acknowledge that Prompt Filter:

• is optional and generally disabled by default until you enable it and create rules;
• performs user-configured text replacement, not automatic secret detection, not regex pattern intelligence, and not legal redaction;
• may apply only to limited portions of a request depending on mode and configuration (for example, not every message role in default mode);
• does not process non-text content such as images, PDFs, audio, or other attachment payloads as text replacement targets;
• does not filter model outputs; and
• may be unavailable or inactive in some deployment configurations.

9.3 No Warranty; No Shift of Responsibility

PROMPT FILTER IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND. It does not guarantee that sensitive content will be removed, that providers will not receive original text, or that providers will not process data in ways you dislike.

Use of Prompt Filter does not make OpenCheese responsible for upstream provider data handling. You remain solely responsible for content you submit and for configuring (or not configuring) filters. OpenCheese has no liability for filter misses, misconfiguration, partial application, or any provider conduct after a request is sent.

10. Acceptable Use

You must not, and must not enable others to:

• (a) violate any law, regulation, or third-party right;
• (b) attempt to access the Services from a Restricted Region or circumvent Restricted Region rules;
• (c) probe, scan, or attack the Platform, or bypass limits except via documented features;
• (d) reverse engineer the Platform except to the limited extent mandatory law permits;
• (e) use the Services to generate or distribute malware, phishing, child sexual abuse material, or other clearly illegal content;
• (f) use the Services for fraud, spam, or large-scale abuse of third-party systems;
• (g) resell, sublicense, or commercially redistribute access in a manner that violates these Terms, our published policies, or upstream provider terms applicable to the capacity you consume;
• (h) misrepresent the source of outputs in a way that is unlawful or fraudulent;
• (i) engage in any activity that would reasonably expose LMIW LLC, its directors, officers, employees, agents, or affiliates to regulatory investigation, civil liability, or severe reputational harm; or
• (j) attempt to circumvent, disable, evade, or defeat Platform or upstream-provider safety controls, content safeguards, or usage restrictions, including through jailbreak prompts, prompt injection, obfuscation, or repeated reformulation intended to obtain prohibited output.

We may investigate and remove content, throttle traffic, or terminate accounts for violations. We may immediately freeze an account while investigating a suspected violation. If we confirm a jailbreak attempt, use of the Services for unlawful activity, or another material violation of this Section, the account will be permanently frozen and model access will not be reinstated. Dashboard access may remain available at our discretion.

11. Intellectual Property

11.1 Ownership

All rights, title, and interest in and to the Platform—including software, code, designs, trademarks, logos, documentation, and content we provide—are owned by LMIW LLC or its licensors and are protected by intellectual property laws.

11.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal lawful purposes.

11.3 Restrictions

You may not copy, modify, distribute, sell, or create derivative works of the Platform except as expressly allowed by us in writing or by mandatory law.

11.4 Feedback

If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free license to use them without obligation to you.

12. Third-Party Services and Links

The Platform may integrate or link to third-party websites, identity providers, AI model APIs, payment processors, analytics tools, and infrastructure. We do not control third-party services and are not responsible for their content, security, availability, or practices. Your use of third-party services is at your own risk and may be subject to separate terms.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR FIT FOR YOUR PURPOSE. UPSTREAM PROVIDER OUTAGES, MODEL CHANGES, DATA PRACTICES, AND NETWORK FAILURES ARE OUTSIDE OUR FULL CONTROL.

14. Limitation of Liability

14.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LMIW LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR DIGITAL ASSETS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES (IF ANY) ACTUALLY PAID BY YOU TO LMIW LLC FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100) (OR EQUIVALENT).

14.3 Essential Basis

The limitations in this Section are an essential basis of the bargain and will apply even if any limited remedy fails of its essential purpose.

14.4 AI, Provider, and Filter Losses

Without limiting the foregoing, Company Parties are not liable for losses arising from model hallucinations, harmful outputs, provider policy changes, provider bans, rate limits, provider data handling or training practices, Prompt Filter configuration or misses, or your reliance on AI-generated content.

15. Indemnification

You will defend, indemnify, and hold harmless the Company Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your content and outputs you publish or rely on; (c) your violation of these Terms or applicable law; (d) your infringement of third-party rights; (e) disputes between you and any third party relating to your use of the Services; or (f) any claim related to upstream provider handling of content you submitted through the Services.

16. Privacy

Our collection and use of information is described in the Privacy Policy available on https://opencheese.dev (or such path as we designate). By using the Services, you consent to such processing as described therein, including transmission of request content to upstream AI providers as needed to fulfill requests and retention of de-identified usage records after account closure as described in the Privacy Policy.

17. Termination

17.1 By You

You may stop using the Services at any time and may request account closure by contacting [email protected].

17.2 By Us

We may suspend or terminate access immediately, with or without notice, for any breach of these Terms, legal or risk reasons, non-payment, extended inactivity, or discontinuation of the Services.

17.3 Effect

Upon termination, your license ends. Provisions that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnity, and governing law) will survive. Unused prepaid balance is not refundable except as required by mandatory law or our written policy. After account identifiers are removed, de-identified usage records may remain for statistics and operations as described in the Privacy Policy.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the substantive laws of Nevis, Federation of Saint Kitts and Nevis, without regard to conflict-of-law principles.

18.2 Exclusive Venue — Nevis, Federation of Saint Kitts and Nevis

You agree that the exclusive venue for any court proceedings arising out of or relating to these Terms or the Services shall be the competent courts of Nevis, Federation of Saint Kitts and Nevis, and you irrevocably submit to the personal jurisdiction of those courts.

18.3 Agreement on Forum; Waiver of Other Venues

You expressly agree that any lawsuit, claim, or proceeding against us must be brought in Nevis, Federation of Saint Kitts and Nevis as provided above, and not in the United States or any other country, except where a non-waivable mandatory consumer protection rule in your country of residence requires otherwise.

To the maximum extent permitted by law, you waive any right to:

• (a) litigate in courts of the United States or any U.S. state;
• (b) a jury trial; and
• (c) participate in a class, collective, consolidated, or representative action.

18.4 Interim Relief

Either party may seek interim or injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information or to stop unauthorized access, without waiving the exclusive venue provisions for the main dispute.

18.5 Time Limit

Any claim must be filed within one (1) year after the cause of action accrues, or it is permanently barred, except where mandatory law requires a longer period.

19. Modifications to These Terms

We may modify these Terms by posting an updated version on the Platform and updating the "Last Updated" date. Material changes may also be communicated through the dashboard or other reasonable means. Continued use after the effective date of changes constitutes acceptance.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or supplemental terms expressly incorporated by reference, constitute the entire agreement between you and LMIW LLC regarding the Services and supersede all prior or contemporaneous agreements on the subject matter.

20.2 Severability

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

20.3 Waiver

Failure to enforce a provision is not a waiver of the right to enforce it later.

20.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a corporate transaction or to an affiliate. These Terms bind permitted successors and assigns.

20.5 Force Majeure

We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, epidemics, utility failures, internet or cloud-provider failures, upstream AI provider outages, governmental action, or sanctions developments.

20.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship. You have no authority to bind LMIW LLC.

20.7 Language

The English version of these Terms controls if translations conflict.

20.8 Notices

Notices to us must be sent to [email protected] (and, if we designate a physical address, to that address). Notices to you may be provided via the Platform, email on file, or other reasonable means.

20.9 Export and Sanctions Compliance

You must comply with all applicable export control and sanctions laws. You may not use the Services if you are a prohibited party under applicable sanctions regimes.

20.10 Headings

Headings are for convenience only and do not affect interpretation.

21. Contact

For questions regarding these Terms:

• Entity: LMIW LLC
• Platform: OpenCheese.Dev - Intelligent AI Routing — https://opencheese.dev
• Email: [email protected]
• Governing law: Nevis, Federation of Saint Kitts and Nevis
• Exclusive venue: Nevis, Federation of Saint Kitts and Nevis

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM, INCLUDING THE RESTRICTED REGION RULES IN SECTION 3, THE UPSTREAM PROVIDER DATA HANDLING RULES IN SECTION 8, THE PROMPT FILTER LIMITATIONS IN SECTION 9, THE LIABILITY LIMITATIONS IN SECTION 14, THE INDEMNITY IN SECTION 15, AND THE NEVIS GOVERNING LAW AND EXCLUSIVE VENUE PROVISIONS IN SECTION 18 (INCLUDING YOUR AGREEMENT THAT DISPUTES ARE BROUGHT IN NEVIS AND NOT IN THE UNITED STATES, TO THE MAXIMUM EXTENT PERMITTED BY LAW).