Terms of Service

These Terms of Service form a binding agreement between you and Klaver Solutions, a sole proprietorship (eenmanszaak) registered in the Netherlands that operates Chernion, for your use of the Chernion website, API, hosted chat, coding command line agent, and any related service (together the service).

By creating an account, clicking to accept these terms, or using the service, you agree to these terms, to the Acceptable Use Policy, and to the Privacy Policy, each of which is part of this agreement. If you do not agree, do not use the service.

If you use the service on behalf of an organisation, you confirm that you are authorised to bind that organisation, and references to you include that organisation.

Chernion is an artificial intelligence gateway operated by Klaver Solutions. It speaks the OpenAI and Anthropic application programming interfaces, so a customer can point an existing software development kit at one base address, use one Chernion key, and reach models from OpenAI, Anthropic, Google, and other providers. Chernion offers three surfaces on one prepaid balance: a programmatic API, a hosted chat over every model it carries, and a coding command line agent. Each model is billed as a fixed percentage of that provider's official list price, and the exact cost of every call is returned with the response.

Chernion is a gateway that resells access to models owned and run by upstream providers. It does not build or train the underlying models. The provider that owns a model runs the inference that produces the output you receive.

We may add, change, or remove models, surfaces, and features at any time. Some features may be offered as beta or preview and may change or be withdrawn without notice.

You must be at least eighteen years old and able to enter a binding contract to use the service. The service is not directed at children, and you may not use it on behalf of anyone under eighteen.

You must give accurate account information and keep it current. You are responsible for everything that happens under your account and for keeping your credentials, API keys, and second factor secure.

An API key is shown in full only once when it is created. Treat each key as a secret. Tell us promptly at [email protected] if you believe a key or your account has been compromised, and revoke any affected key. We are not liable for loss caused by your failure to keep credentials secure.

You may use social sign in with Google or GitHub. If you do, you authorise us to receive the basic profile information described in the Privacy Policy from that provider.

Your use of the service must follow the Acceptable Use Policy, which is part of this agreement and is available at the slug /acceptable-use. The Acceptable Use Policy lists the content and conduct that are not allowed, including the categories that the upstream providers themselves prohibit.

We may investigate suspected breaches and may suspend or limit access to protect the service, our other customers, the upstream providers, or any person.

The models you reach through Chernion are owned and operated by upstream providers. Today these include OpenAI for the GPT and Codex families, Anthropic for the Claude, Opus, and Fable families, and Google for the Gemini family. The provider that owns a model may change, and we may add or remove providers.

When you use a model, the terms and the usage policies of the provider that owns that model apply to that use, in addition to these terms. You are responsible for reading and following them. Where a provider policy is stricter than ours, the stricter rule controls. This includes, at the date of this draft:

• The OpenAI usage policies, for the GPT and Codex families.
• The Anthropic usage policy and acceptable use policy, for the Claude, Opus, and Fable families.
• The Google generative AI prohibited use policy and the Gemini API terms, for the Gemini family.

You authorise us to route the content of your requests to the provider that owns the model you select, so that the provider can generate a response. You confirm that you have the rights needed to send that content and that doing so does not breach any provider policy or any law.

We do not control the upstream providers. Their availability, their pricing, their model behaviour, and their policies can change, and a provider can suspend or block specific use. We are not responsible for a provider's acts, omissions, downtime, or policy decisions, and a provider's refusal, error, or change does not make us liable to you.

The service runs on a prepaid balance. You add funds, and usage is drawn down from that balance at the per token rate for the model you use. The balance is tracked internally in millionths of a US dollar so that small per call amounts are exact. There is no subscription requirement for pay as you go use, and there is no minimum top up.

You can add funds with a payment card or supported wallet through our payment service provider, or with cryptocurrency through our hosted crypto checkout. Cryptocurrency top ups are credited automatically once the transaction confirms on the relevant network. The detailed mechanics, the consumer right of withdrawal, and the position on refunds are set out in the Refund and Billing Policy at the slug /refunds, which is part of this agreement.

Pricing for each model is a fixed percentage of that provider's official list price for that model. Because our price is a percentage of the provider's price, it can change when the provider's price changes or when we change the percentage. Current per model pricing is shown in the product and is the price that applies at the time of each call. We never charge you the upstream cost or any margin figure; you pay the displayed per token price.

The exact cost of each call is metered by the gateway and returned with the response. You agree to rely on that returned cost rather than computing it yourself.

Chernion is a Netherlands digital service, so value added tax is applied at checkout where it is due. The amount you enter to top up is the net credit you receive, and value added tax is added on top, so you pay the gross total. A value added tax invoice is issued and emailed when a payment is made. A business customer with a validated value added tax number may qualify for the reverse charge.

If your balance reaches zero, calls that would cost money are refused until you add funds. You are responsible for keeping enough balance for your needs. We may set, and change, reasonable rate limits and request size limits to protect the service.

The output you receive is generated by a statistical model. It can be wrong, incomplete, outdated, biased, or offensive, and it can present false information as if it were true. Output is not a statement of fact by us and is not reviewed by us before you receive it.

Output is not professional advice. It is not legal, medical, financial, tax, accounting, safety, or other professional advice, and using it does not create any professional relationship with us. Do not rely on output for any decision without independent verification by a qualified person.

You are responsible for evaluating output for accuracy and suitability before you use it, and for any decision you make or action you take based on it. You must not present output as professional advice to others, and you must not use the service for any purpose where an error in output could lead to death, personal injury, or serious harm without meaningful human review and appropriate safeguards.

We give no warranty that output is accurate, fit for any purpose, original, or free of third party rights. Rights in output, as between you and us, are dealt with in section 9, and are in every case subject to the terms of the provider that owns the model.

Your content means the prompts, messages, files, instructions, and other material you send to the service, and, for hosted chat with memory, the conversations and remembered facts stored for your account. You keep whatever rights you already have in your content.

You confirm that you have the rights needed to send your content, that your content and your use of the output do not infringe anyone's rights or break any law, and that your content does not include anything the Acceptable Use Policy forbids.

You are responsible for not sending content you are not allowed to share, including other people's personal data without a lawful basis and confidential information you are not permitted to disclose. Where you send the personal data of others through the API, the Data Processing Agreement at the slug /dpa governs how we handle it on your behalf.

The service, the Chernion name and logo, the website, the documentation, and the software are owned by Klaver Solutions or its licensors and are protected by law. These terms give you no right to our names or branding beyond using the service as allowed.

As between you and us, and to the extent we can grant it, we do not claim ownership of the output generated for you from your content. Your rights in output are subject to the terms of the provider that owns the model, which may limit ownership, reuse, or commercial use. Output may not be unique, and similar output can be generated for other customers.

If you send us feedback or suggestions, you allow us to use them without restriction or payment.

You may stop using the service and close your account at any time. The treatment of any remaining balance on closure is set out in the Refund and Billing Policy.

We may suspend or terminate your access, with notice where reasonably possible and immediately where needed, if you breach this agreement or the Acceptable Use Policy, if you fail to pay or your balance cannot cover use, if an upstream provider requires it, if we must do so to comply with the law or a lawful request, or if your use creates a security, legal, or reputational risk to us, the providers, or others.

Where you have seriously or repeatedly breached the Acceptable Use Policy, we may forfeit the remaining prepaid balance to the extent this is permitted by law. We will not forfeit a balance where mandatory consumer law does not allow it. On termination the licence to use the service ends, and the sections that by their nature should survive will survive.

We work to keep the service available, but we do not promise that it will be uninterrupted, error free, or available at any particular time. The service depends on upstream providers and other infrastructure that can fail or change. We may perform maintenance, and we may change or discontinue features.

To the maximum extent permitted by law, the service and all output are provided as is and as available, without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non infringement.

Nothing in this section limits the rights you have under mandatory Dutch consumer law that cannot be excluded. Where such law applies, the statutory guarantees apply, and this section applies only to the extent the law allows.

To the maximum extent permitted by law, Klaver Solutions is not liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, data, goodwill, or business, arising from or related to the service or the output, even if we were told such loss was possible.

To the maximum extent permitted by law, our total liability arising from or related to this agreement in any twelve month period is limited to the greater of the amount you actually paid us for the service in the three months before the event giving rise to the claim, or 50 US dollars.

Nothing in this agreement excludes or limits liability that cannot be excluded or limited by law, including liability for intent or deliberate recklessness, for death or personal injury caused by our negligence, or under mandatory Dutch consumer protection law. Where you are a consumer, your mandatory statutory rights are not affected, and the limits above apply only to the extent the law allows.

If you use the service other than as a consumer, you will defend and indemnify Klaver Solutions against any third party claim, and any resulting loss, damages, and reasonable costs, that arises from your content, your use of the service or the output, your breach of this agreement or the Acceptable Use Policy, or your breach of an upstream provider's terms or of any law. We will tell you about the claim, let you control the defence of matters that concern only your indemnity, and cooperate reasonably.

We may update these terms. If a change is material, we will give reasonable notice, for example by email or a notice in the product, before it takes effect. By continuing to use the service after a change takes effect, you accept the updated terms. If you do not accept a change, stop using the service and close your account.

This agreement and any dispute arising from it are governed by the laws of the Netherlands, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Disputes will be submitted to the competent court in the Netherlands for the place where Klaver Solutions is established, unless mandatory law gives you, as a consumer, the right to bring or defend a claim before another court.

If any provision is held invalid, the rest stays in force, and the invalid provision is replaced by a valid one that comes closest to its intent. Our failure to enforce a provision is not a waiver. You may not assign this agreement without our consent; we may assign it to an affiliate or in connection with a reorganisation or sale. These terms, with the Acceptable Use Policy, the Privacy Policy, the Refund and Billing Policy, and, where it applies, the Data Processing Agreement, are the entire agreement between you and us about the service. The English version of these terms prevails.

Questions about these terms can be sent to [email protected], or to Klaver Solutions, Blaasbalg 14, 8253 LX Dronten, Flevoland, Netherlands.