Terms of Service

Last updated: October 23, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Niansuh ("Company", "we", "us", or "our") governing your access to and use of the Niansuh AI Inference API service, including our website, API, documentation, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

2.2 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access or security breach

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may terminate your account at any time by contacting us.

3. Use License and Restrictions

3.1 License Grant

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

3.2 Restrictions

You agree not to:

  • Modify, copy, or create derivative works of the Service or its documentation
  • Reverse engineer, decompile, or disassemble any software or systems comprising the Service
  • Remove, alter, or obscure any proprietary notices or labels on the Service
  • Use the Service for any illegal, harmful, or unauthorized purpose
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Transmit viruses, malware, or other malicious code through the Service
  • Use the Service to harass, abuse, or harm others
  • Scrape, crawl, or use automated means to access the Service without permission
  • Resell, sublicense, or redistribute the Service without our written consent
  • Use the Service to compete with us or develop competing products

4. API Usage and Rate Limits

4.1 API Access

Access to our API is provided through API keys. You are responsible for maintaining the confidentiality of your API keys and for all activities that occur using your keys.

4.2 Rate Limits

Your use of the API is subject to rate limits based on your subscription plan. Exceeding these limits may result in temporary suspension of access or additional charges. Current rate limits are:

  • Free tier: 200 requests per day
  • Starter: 2,500 requests per month
  • Pro: 5,000 requests per month
  • Business: 10,000 requests per month
  • Enterprise: Custom limits

4.3 Fair Use

You agree to use the Service in a manner that is fair and reasonable. We reserve the right to throttle or block requests that we determine, in our sole discretion, to be abusive or excessive.

5. Fees and Payment

5.1 Subscription Fees

Access to certain features of the Service requires payment of subscription fees. All fees are stated in U.S. dollars and are non-refundable except as required by law or as expressly stated in these Terms.

5.2 Billing

Subscription fees are billed in advance on a monthly basis. You authorize us to charge your payment method on file for all applicable fees. If payment fails, we may suspend your access to the Service until payment is received.

5.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all such taxes associated with your use of the Service.

6. Intellectual Property Rights

6.1 Our Property

The Service, including all software, text, images, trademarks, service marks, logos, and other content (collectively, "Content"), is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain all rights to any content, data, or information you submit through the Service ("User Content"). By submitting User Content, you grant us a limited license to process and transmit your User Content solely to provide the Service.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable license to use such feedback without compensation or attribution.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We maintain a zero retention policy for API request and response data. Your inputs and outputs are processed in real-time and immediately deleted. We do not use your data to train or improve AI models.

You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including GDPR, CCPA, and other regional privacy regulations.

8. Warranties and Disclaimers

8.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided "as is" and "as available" without warranties of any kind.

8.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

  • The Service will meet your requirements or expectations
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected

8.3 AI Model Outputs

AI model outputs may be inaccurate, incomplete, or inappropriate. You are solely responsible for evaluating the accuracy and appropriateness of any outputs before using them. We are not responsible for any decisions made based on AI model outputs.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIANSUH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Business interruption or loss of goodwill
  • Cost of substitute services
  • Any other intangible losses

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

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

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • Your violation of applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claim.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a formal dispute, you agree to contact us and attempt to resolve the issue informally. We will work in good faith to resolve any disputes.

11.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Location], and judgment on the award may be entered in any court having jurisdiction.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [State], without regard to its conflict of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the courts located in [Location] for the resolution of any disputes not subject to arbitration.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, your right to access and use the Service will immediately cease.

13.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Abusive or excessive use of the Service
  • At our sole discretion for any other reason

13.3 Effect of Termination

Upon termination, all licenses granted to you will immediately terminate, and you must cease all use of the Service. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last updated" date
  • Sending you an email notification
  • Displaying a notice in the Service

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

  • Email: legal@niansuh.net
  • Discord: Join our Discord server
  • Response Time: We aim to respond to all inquiries within 48 hours

For legal inquiries, please include "Legal Inquiry" in your subject line to ensure prompt handling.