Open Grove API — Terms of Use

Last updated: 7/4/26 · Version 1.5

These Terms of Use ("Terms") govern your access to and use of the Open Grove API ("OG-API," the "API," or the "Service"), provided by Phoenix Grove Systems LLC ("PGS," "we," "our," or "us"). By creating an account, generating an API key, or otherwise accessing or using the Service, you ("you," "your," "Customer") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, do not access or use the Service.

1. The Service

OG-API provides programmatic access to a curated selection of open-weight AI models for inference. The Service is intended for developers and businesses building their own applications, products, and services ("Customer Applications") on top of the API.

The Service — including its model lineup, features, performance characteristics, and pricing — is subject to change at our discretion, at any time, without notice. We may add, modify, deprecate, or remove models, features, or endpoints at any time. The performance of any model or tier (including speed, latency, availability, and priority routing) may vary and is not guaranteed. Where practical, we may provide advance notice of material changes — for example through the Service or our website — but we are not obligated to do so. If you are dissatisfied with a change, your remedy is to stop using the Service; see Section 8.6 regarding discretionary refunds (for example, upon the deprecation of a model).

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service you represent and warrant that you meet this requirement and that you have the legal capacity and authority to agree to these Terms.

3. Accounts and API Keys

To use the Service you must create an account and generate one or more API keys. You are responsible for:

• maintaining the confidentiality and security of your account credentials and API keys;
• all activity that occurs under your account or through your API keys, whether or not authorized by you; and
• promptly notifying us of any suspected unauthorized use or security breach.

We are not liable for any loss or damage arising from your failure to safeguard your credentials. You are responsible for the acts and omissions of anyone who accesses the Service using your keys.

3.1 Rate Limits. The Service enforces rate limits (including limits on requests per unit of time and on concurrent requests). Rate limits are subject to change at our discretion, including based on server load and to protect the reliability and fair use of the Service. We will publish the current rate limits clearly in our documentation, and we will publish any changes to them there. Your continued use of the Service after a change is published constitutes acceptance of the updated limits.

4. Data and Privacy

4.1 Zero retention of inference content. OG-API inference is zero-retention with respect to your content: PGS does not store the prompts you submit to the API or the outputs you receive from it.

4.2 Technical metadata. To keep the Service reliable, secure, and billable, PGS and its processing partners retain limited technical metadata — such as request identifiers, token counts, model parameters, and timestamps — that does not include the content of your prompts or outputs.

4.3 Limited content access. PGS and its processing partners access request content only where reasonably necessary to operate, debug, secure, or protect the integrity of the Service, to enforce these Terms, or where required or permitted by law. PGS is not obligated to review or monitor content, and no representation is made as to whether any particular request is reviewed.

4.4 Account and billing data. PGS separately retains basic account and usage information — such as your user ID and aggregate usage records — as needed to operate your account, enforce these Terms, and process billing. Payment information is handled by our third-party payment processor and is not stored by PGS.

4.5 Consistent handling across models. All models offered through the Service are served on infrastructure operated under the data-handling terms described in this Section 4.

4.6 Privacy Policy. Our collection and processing of personal data in connection with the Service is described in our Privacy Policy at https://pgsgrove.com/privacy-policy.

5. Acceptable Use

You are responsible for how you and your end users use the Service. The following rules apply to all use of OG-API.

5.1 Prohibited Uses

You may not use the Service to create, generate, promote, distribute, or facilitate any of the following:

(a) Child sexual abuse material (CSAM) and child sexualization. Any content that sexually exploits, abuses, or endangers minors, or that sexualizes any person under 18. This prohibition is absolute and admits no exception. Notwithstanding Section 4, if PGS becomes aware through any means of apparent CSAM associated with use of the Service, PGS may preserve the relevant material and account information and report it to the National Center for Missing & Exploited Children (NCMEC) and/or appropriate authorities as required or permitted by law.

(b) Weapons of mass destruction. Content that provides meaningful operational uplift toward the development, acquisition, or deployment of chemical, biological, radiological, or nuclear weapons.

(c) Malicious code and intrusion. Functional malware, ransomware, exploits, or other code or instructions designed to gain unauthorized access to, disrupt, damage, or exfiltrate data from computer systems, networks, or critical infrastructure.

(d) Serious criminal harm. Content that facilitates terrorism, human trafficking, the sexual exploitation or grooming of minors, large-scale fraud, or other conduct carrying serious criminal liability.

(e) Unlawful content generally. Any use that violates applicable law, or that would create material legal liability for PGS or its processing partners.

5.2 Hateful and Discriminatory Use

You may not use OG-API to create, promote, or facilitate content or activity that dehumanizes, degrades, or promotes hatred or discrimination against individuals or groups on the basis of protected or identity characteristics — including but not limited to race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or age — or to operate, support, or materially assist any organization, campaign, or effort whose purpose is to promote such hatred or discrimination.

This prohibition applies regardless of whether the content is framed as religious, political, ideological, satirical, or opinion, and regardless of whether it calls for or depicts violence.

PGS determines whether specific content or conduct violates this Section in its sole discretion, and its determination is final and not subject to appeal.

5.3 Lawful Use

Except as prohibited above, your use of the Service is permitted only to the extent it is lawful in the jurisdictions in which you and your end users operate and complies with these Terms. Nothing in Section 5.1 or 5.2 may be produced or facilitated.

The Service is intended solely for adults aged 18 or older. You are solely responsible for implementing any access controls, age verification, content moderation, consent mechanisms, and other safeguards required by applicable law or appropriate to your Customer Applications and the jurisdictions you serve, and for compliance with all laws applicable to your use of the Service and its outputs. PGS does not verify the age or identity of your end users; that obligation is yours.

6. Customer Applications and End Users

You are solely responsible for your Customer Applications and for the conduct of your end users, including:

• ensuring your end users comply with restrictions equivalent to these Terms;
• implementing any age verification, content moderation, consent, and disclosure mechanisms required by law or by these Terms within your Customer Applications; and
• providing your own terms of service and privacy notices to your end users.

PGS has no direct relationship with your end users and assumes no responsibility for them. A violation of these Terms by your end user through your Customer Application is treated as your violation.

7. Model Licenses

The open-weight models made available through the Service are each subject to their own upstream licenses and use policies. Your use of any model through the Service is additionally subject to that model's license, and you are responsible for reviewing and complying with those license terms. Where a model's upstream license is more restrictive than these Terms, the more restrictive terms control for that model.

8. Fees and Payment

8.1 Fees. You agree to pay all fees for your use of the Service at the prices in effect for the models and volume you consume. Fees are billed through our third-party payment processor.

8.2 Usage-based billing. Unless otherwise agreed in writing, the Service is billed on a usage basis. You authorize us to charge your designated payment method for all amounts incurred.

8.3 Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes other than taxes on our net income.

8.4 Non-refundability on termination for breach. Except as required by law, prepaid or unused balances are non-refundable upon termination of your account for breach of these Terms. See Section 10.

8.5 Credit Expiration. Prepaid credits are valid for twelve (12) months from the date of purchase. Credits that remain unused at the end of that period expire and are forfeited, except where applicable law provides otherwise. Credits are consumed on a first-purchased, first-used basis. Expiration dates are not extended by subsequent purchases.

8.6 No Refunds. Except as required by applicable law or as expressly provided in these Terms, all credit purchases are final and non-refundable, and credits are non-transferable and have no cash value. PGS may, in its sole discretion, issue a refund or credit adjustment in individual cases — for example, upon the deprecation of a model or a verified billing error. Any such refund is a courtesy accommodation and does not create an obligation to provide refunds in any other case.

8.7 Pricing Changes. Per-token prices, the priority (turbo) surcharge, cached-input rates, and all other rates are subject to change at our discretion, at any time, without notice. Price changes apply prospectively: each request is billed at the prices in effect at the time it is made, as shown on the Service's model pricing page. Price changes do not alter the dollar value of prepaid credits — your credit balance is a dollar balance, not an entitlement to a fixed number of tokens — but the amount of usage a given balance can purchase will vary as prices change. You are responsible for reviewing current pricing before high-volume use.

9. Enforcement

PGS reserves the right, but is not obligated, to monitor, review, or filter use of the Service. If PGS becomes aware, through any means, of use that violates these Terms, PGS may — in its sole discretion and without prior notice — suspend, throttle, or permanently terminate your access to the Service in whole or in part.

For violations of Section 5.1 (Prohibited Uses) or Section 5.2 (Hateful and Discriminatory Use), termination is permanent and any prepaid or unused balance is non-refundable. All determinations under these Terms are made by PGS in its sole discretion and are final.

PGS may cooperate with law enforcement and comply with valid legal process. Consistent with Section 4, PGS can only preserve or disclose the limited information it actually holds, and will do so only where required by law or reasonably necessary to protect the rights, safety, or property of PGS, its users, or the public.

10. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access as described in Section 9, or if required to do so by law or by an upstream provider. Upon termination, your right to access the Service ceases immediately. Sections that by their nature should survive termination — including Sections 4, 5, 7, 8.4 through 8.7, 9, 11, 12, 13, 15, 16, and 17 — survive.

11. Disclaimers

THE SERVICE AND ALL MODEL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AI model outputs are generated probabilistically and may be inaccurate, incomplete, offensive, or otherwise unsuitable. You are responsible for evaluating the accuracy, legality, and appropriateness of any output before relying on or distributing it. PGS does not warrant that the Service will be uninterrupted, secure, or error-free.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PGS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PROCESSING PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PGS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO PGS FOR THE SERVICE IN THE [THREE (3)] MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [ONE HUNDRED U.S. DOLLARS (US$100)].

WITHOUT LIMITING THE FOREGOING, THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 12 APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, TO ANY CLAIM ARISING OUT OF OR RELATING TO ANY UNAUTHORIZED ACCESS TO, ACQUISITION OF, USE OF, ALTERATION OF, OR DISCLOSURE OF DATA OR CONTENT — INCLUDING ANY SECURITY INCIDENT OR DATA BREACH — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN WHERE CAUSED BY THE ACTS OR OMISSIONS OF THIRD PARTIES. YOU ACKNOWLEDGE THAT NO SECURITY MEASURES ARE PERFECT OR IMPENETRABLE AND THAT PGS CANNOT AND DOES NOT GUARANTEE THAT UNAUTHORIZED ACCESS WILL NEVER OCCUR.

13. Indemnification

You will defend, indemnify, and hold harmless PGS and its affiliates, officers, employees, and processing partners from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or relating to (a) your use of the Service, (b) your Customer Applications and the conduct of your end users, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party.

14. Changes to the Service and These Terms

We may modify these Terms from time to time. When we do, we will update the "Last updated" date and version above and, where the changes are material, provide reasonable notice through the account or by email. Changes take effect upon posting unless otherwise stated. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, your remedy is to stop using the Service.

15. Governing Law and Dispute Resolution

Please read this Section 15 carefully. It affects your legal rights, including your right to bring claims in court or to participate in class actions, except as limited by applicable law.

15.1 Governing Law. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles.

15.2 Mandatory Individual Arbitration. Except as provided in Sections 15.4 and 15.5, you and Phoenix Grove Systems agree that any dispute, claim, or controversy arising out of or relating to your use of OG-API, these Terms, or the relationship between you and Phoenix Grove Systems with respect to OG-API (including, without limitation, any dispute relating to privacy, data security, or an actual or alleged security incident or data breach), shall be resolved exclusively through final and binding individual arbitration administered under the rules of the American Arbitration Association (AAA), including the AAA Consumer Arbitration Rules where applicable, conducted by a single arbitrator. The arbitration shall take place in the Commonwealth of Massachusetts, or by remote means as the parties may agree.

15.3 Class Action Waiver. YOU AND PHOENIX GROVE SYSTEMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

15.4 Jurisdictional Limitations. Sections 15.2 and 15.3 apply to the maximum extent permitted by applicable law. Where applicable law (including without limitation the laws of the European Union and its Member States, the United Kingdom, the State of California, and any other jurisdiction whose laws limit or prohibit such provisions as to particular claims or particular classes of customers) restricts or prohibits the enforceability of arbitration or class action waivers, those specific claims may be brought as permitted by that applicable law, and the remainder of this Section 15 continues to apply to any claims not so restricted.

15.5 Carve-Outs. Notwithstanding the foregoing, either party may bring (i) claims for injunctive or other equitable relief in a court of competent jurisdiction to prevent ongoing infringement of intellectual property rights or unauthorized access to systems or data, and (ii) claims qualifying for resolution in small-claims court in the appropriate jurisdiction.

15.6 Informal Resolution First. Before commencing arbitration, the party initiating the dispute shall provide the other party with written notice describing the dispute and a proposed resolution. Notice to Phoenix Grove Systems shall be sent to support@pgsgroveinternal.com. The parties shall attempt in good faith to resolve the dispute informally for at least sixty (60) days following receipt of such notice before initiating arbitration.

15.7 Coordinated Filings (Batch Arbitration). If twenty-five (25) or more similar arbitration demands are filed against Phoenix Grove Systems by or with the assistance of the same law firm, group of law firms, or coordinated organizations within a ninety (90) day period, the parties agree that the demands shall be administered in staged batches: the claims shall be grouped into batches of no more than fifty (50) demands per batch, a single batch shall proceed to arbitration first as a bellwether, and remaining batches shall be stayed pending its resolution, after which the parties shall engage in a global mediation before further batches proceed. Applicable statutes of limitations shall be tolled for stayed demands from the date of filing. This subsection is intended to promote efficient resolution and applies to the maximum extent permitted by applicable law.

15.8 Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending written notice to support@pgsgroveinternal.com within thirty (30) days of first accepting these Terms (or, for existing users, within thirty (30) days of these Terms taking effect). The notice must include your full name (and the name of the entity you represent, if applicable), the email address associated with your OG-API account, and a clear statement of your intent to opt out. Opting out does not affect any other provision of these Terms.

16. Service Availability and Restricted Regions

16.1 Availability. OG-API is not available in all regions. We may, at our sole discretion, restrict or suspend access to the Service from particular geographic locations, with or without notice. We make no representation that the Service is appropriate or available for use in any particular location, and access from regions where the Service is restricted is prohibited. Service availability may also be affected by scheduled maintenance, infrastructure issues, third-party provider issues, or other factors. We do not guarantee uninterrupted availability of the Service.

16.2 Restricted Regions. As of the effective date of these Terms, OG-API is not available to users located in, residing in, or accessing the Service from the following regions:

• The European Economic Area (EEA), comprising: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
• The United Kingdom (England, Scotland, Wales, and Northern Ireland).
• Switzerland.
• The State of Tennessee, United States.
• Any Restricted Jurisdiction identified under Section 17 (Export Controls and Sanctions Compliance), which as of the effective date of these Terms include Cuba, Iran, North Korea, Syria, Russia, Belarus, Afghanistan, and Venezuela, and the Crimea, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine. In the event of any difference between this list and Section 17, Section 17 controls.

Account creation, credit or subscription purchase, and use of OG-API from any of the above regions is prohibited. By creating an account or using OG-API, you represent and warrant that you are not located in, residing in, or accessing the Service from a Restricted Region. We reserve the right to verify location through reasonable means (including IP address, billing country, and other technical signals) and to suspend, terminate, or refuse to create accounts that we determine, in good faith, originate from a Restricted Region.

Use of a VPN, proxy, or other means to circumvent these geographic restrictions is a violation of these Terms and may result in immediate account termination without refund.

The list of Restricted Regions may be updated from time to time as legal, regulatory, or operational circumstances require. The current list is maintained in this Section. Where these regions become eligible in the future, this Section will be updated and notice will be provided through the Service.

17. Export Controls and Sanctions Compliance

The Service is subject to U.S. economic sanctions and export-control laws. By accessing or using OG-API, you represent, warrant, and agree that:

(a) You are not located in, ordinarily resident in, or accessing the Service from a country or region subject to comprehensive U.S. sanctions or to which we do not offer the Service (the "Restricted Jurisdictions"), which currently include Cuba, Iran, North Korea, Syria, Russia, Belarus, Afghanistan, and Venezuela, and the Crimea, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine;

(b) You are not identified on any U.S. government list of restricted parties, including the U.S. Treasury Department Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List or its Consolidated Sanctions List, and are not owned or controlled by, or acting on behalf of, any such party;

(c) You will not use the Service in violation of any applicable U.S. export-control or sanctions law, and will not export, re-export, or make the Service available in violation of such laws; and

(d) You will not use a VPN, proxy, or other means to access the Service from, or conceal your location in, a Restricted Jurisdiction.

We may verify location and eligibility through reasonable means (including IP address, billing country, and other technical signals) and may refuse, suspend, or terminate access — without refund — where we determine in good faith that this Section is or may be violated. The list of Restricted Jurisdictions may be updated as legal and regulatory circumstances require.

18. General

These Terms, together with any policies referenced herein, constitute the entire agreement between you and PGS regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship.

19. Contact

Questions about these Terms may be sent to support@pgsgroveinternal.com.