Perf

Terms of Service

Last updated: January 7, 2026

1. Agreement to Terms

By accessing or using Perf's AI runtime orchestration platform and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Eligibility: You must be at least 18 years old and have the legal authority to enter into these Terms. 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.

2. Service Description

Perf provides an AI runtime orchestration platform that automatically routes requests to optimal AI models based on task type, complexity, and cost constraints. Our Service includes:

  • Intelligent prompt classification and model routing
  • Multi-provider AI model access (OpenAI, Anthropic, Google, and others)
  • Output validation and quality assurance
  • Automatic retry and fallback handling
  • Usage analytics and observability tools
  • API access via REST endpoints
  • SDKs for JavaScript/TypeScript and Python

2.1 Service Availability

We target 99.9% uptime for our API services on a monthly basis. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance will be announced in advance when possible.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for material changes that may affect your use of the Service.

3. Account Terms

  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account credentials
  • You are responsible for all activity that occurs under your account
  • One person or legal entity may not maintain more than one free account
  • You must notify us immediately of any unauthorized access to your account
  • Organization administrators are responsible for managing access for their team members

4. API Usage

4.1 Fair Use

You agree to use the Service in accordance with fair use expectations. Excessive or abusive usage patterns may result in rate limiting or account suspension.

4.2 Rate Limits

Rate limits vary by plan:

  • Starter: 60 requests/minute, 10,000 tokens/month
  • Pro: 120 requests/minute, 100,000 tokens/month
  • Growth: 300 requests/minute, 1,000,000 tokens/month
  • Team: 600 requests/minute, 10,000,000 tokens/month
  • Enterprise: Custom limits

4.3 Prohibited Uses

You may NOT use the Service to:

  • Engage in any illegal activities or violate any laws or regulations
  • Generate content that promotes violence, harassment, or discrimination
  • Create sexually explicit content involving minors
  • Generate misinformation, deepfakes, or deceptive content
  • Send spam or unsolicited bulk messages
  • Engage in phishing, social engineering, or fraud
  • Attempt to bypass rate limits or security measures
  • Probe for vulnerabilities without explicit written permission
  • Access other users' data or accounts
  • Resell or redistribute the Service without authorization
  • Use the Service in a way that infringes intellectual property rights

For detailed guidelines, please review our Acceptable Use Policy.

5. Payment Terms

5.1 Billing

Subscription fees are billed in advance on a monthly or annual basis. Usage-based charges (overages) are billed monthly in arrears.

5.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5.3 Overages

If you exceed your plan's included usage, you will be charged at the overage rates specified in your plan. You can set usage limits in your dashboard to prevent unexpected charges.

5.4 Refund Policy

  • Annual subscriptions: Prorated refunds available within 30 days
  • Monthly subscriptions: No refunds for partial months
  • Usage charges: No refunds for consumed usage

5.5 Taxes

You are responsible for all applicable taxes. We will collect and remit taxes where legally required.

6. Intellectual Property

6.1 Our Intellectual Property

Perf and its licensors retain all rights to the Service, including the platform, APIs, documentation, and related materials. These Terms do not grant you any rights to our trademarks or service marks.

6.2 Your Intellectual Property

You retain all rights to your prompts, applications, and integrations. We do not claim ownership of your content.

6.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

6.4 ML Training

We may use anonymized usage patterns and aggregated data to improve our routing algorithms. Individual prompts are not used for training without explicit consent. You may opt out of ML training through your account settings or by contacting us.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

We implement industry-standard security measures but cannot guarantee absolute security. You acknowledge that you provide data at your own risk.

8. Service Level Agreement (SLA)

For paid plans, we commit to:

8.1 Uptime Commitment

99.9% monthly uptime for the API service, measured against our health check endpoint (/v1/health).

8.2 Exclusions

The SLA does not cover:

  • Scheduled maintenance (announced at least 24 hours in advance)
  • Force majeure events
  • Issues caused by third-party services (LLM providers, payment processors)
  • Issues caused by your actions or violations of these Terms
  • Issues outside our reasonable control

8.3 Service Credits

If we fail to meet our uptime commitment:

  • 99.0% - 99.9%: 10% credit on next invoice
  • 95.0% - 99.0%: 25% credit on next invoice
  • Below 95.0%: 50% credit on next invoice

Credits must be requested within 30 days of the incident. Credits are limited to one month's subscription fee and are your sole remedy for downtime.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability is limited to the greater of $100 or the fees you paid to us in the 12 months preceding the claim.
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages.
  • We do not guarantee the accuracy, reliability, or appropriateness of AI-generated outputs. You are responsible for reviewing and validating all outputs.
  • We are not liable for actions taken by third-party LLM providers or their outputs.

10. Indemnification

10.1 Your Indemnification

You agree to indemnify and hold harmless Perf, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you submit through the Service

10.2 Our Indemnification

We will indemnify you against claims that the Service infringes a third party's intellectual property rights, subject to certain conditions and limitations.

11. Termination

11.1 By You

You may terminate your account at any time through your dashboard or by contacting support. Annual subscription refunds follow our refund policy above.

11.2 By Us

We may terminate or suspend your account:

  • With 30 days notice for any reason
  • Immediately for violation of these Terms
  • Immediately for non-payment after grace period
  • Immediately if required by law

11.3 Effect of Termination

Upon termination, your access to the Service will cease. Your data will be retained for 30 days before deletion, during which you may request an export.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

12.2 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@withperf.pro to attempt to resolve the dispute informally.

12.3 Arbitration

Any disputes that cannot be resolved informally will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except for claims that may be brought in small claims court.

13. General Terms

  • Entire Agreement: These Terms, along with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Perf.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • No Waiver: Our failure to enforce any right does not constitute a waiver of that right.
  • Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
  • Force Majeure: Neither party is liable for delays caused by events beyond reasonable control.

14. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Service. Your continued use after changes become effective constitutes acceptance of the modified Terms.

15. Contact

For questions about these Terms: