Terms of Service

1. Agreement and scope

These Terms of Service (the "Terms") are entered into between the Customer and Alchemy Insights, Inc. ("Alchemy", "we", "us", or "our").

These Terms govern access to and use of Alchemy Inference, including serverless token-based APIs, dedicated deployments, streaming responses, the dashboard, account administration, billing, documentation, and support (collectively, the "Services").

The Services are business-to-business services only. They are not offered to consumers, children, or individuals acting primarily for personal, family, or household purposes.

If Alchemy and Customer sign a separate order form, master services agreement, data processing agreement, service level agreement, or enterprise agreement, the signed agreement controls to the extent it conflicts with these Terms.

2. Definitions

• "Account" means an Alchemy Inference account, organization, API key, billing profile, dashboard access, or other credential issued by Alchemy or made available for use with the Services.
• "Customer" means the legal entity using the Services, including any organization on whose behalf an individual uses the Services.
• "Input" means prompts, messages, parameters, files, system prompts, metadata in the request body, and other content submitted to the Services for processing.
• "Output" means model-generated text, code, data, tool-call payloads, or other content returned by the Services in response to Input.
• "Customer Content" means Inputs and Outputs together.
• "Usage Metadata" means operational, billing, security, and account data that does not include prompt or completion text, such as timestamp, account identifier, API key identifier, model identifier, endpoint, token counts, latency, status code, error category, request size, and charge amount.
• "Model Terms" means the license, attribution, acceptable use, and other legal terms that apply to open-weight or other third-party models made available through the Services.
• "Zero Data Retention" or "ZDR" means that inference endpoints process Inputs and Outputs only for the time necessary to provide the inference response and do not intentionally write prompt or completion text to persistent logs, databases, analytics, monitoring systems, backups, or training datasets.

3. Service description

Alchemy provides hosted AI inference for open-weight and other third-party large language models, offered as serverless token-based APIs on shared infrastructure and as dedicated deployments on infrastructure reserved for a single Customer.

The Services may include OpenAI-compatible API endpoints, streaming responses, token counting, a dashboard for API keys, usage and billing, support, and related tooling.

Alchemy may add, remove, suspend, rename, replace, quantize, patch, update, or deprecate models, endpoints, parameters, rate limits, context windows, pricing, or features. Alchemy will use reasonable efforts to avoid material disruption to dedicated deployments.

Alchemy does not provide legal, medical, financial, tax, accounting, cybersecurity, or other regulated professional advice. Outputs may be inaccurate, incomplete, offensive, unsafe, or unsuitable for Customer's use case. Customer must independently evaluate Outputs before relying on them.

4. Eligibility, authority, and Customer responsibility

Customer must be a business, organization, sole trader, professional user, developer acting in a business capacity, or other non-consumer user.

Each individual accepting these Terms or using an Account represents that they are at least 18 years old, are not using the Services as a consumer, and are authorized to bind the Customer.

Customer is responsible for its users, applications, API keys, requests, Inputs, Outputs, use cases, end users, downstream distribution, and compliance with applicable laws and these Terms.

Customer must not allow minors to use the Services directly and must not deploy the Services as a child-directed service unless separately agreed in writing.

Access to the Services may be limited during early access. Alchemy may decide, in its discretion, which organizations receive access and when.

5. Accounts, API keys, and access controls

Customer must provide accurate account, billing, tax, and contact information and keep it current.

Customer is responsible for safeguarding API keys, credentials, dashboard access, and other authentication methods. API keys are secret credentials and must not be embedded in public repositories, client-side code, browser or mobile applications, or other places where they can be extracted.

Customer must promptly notify Alchemy at [email protected] of any suspected unauthorized access, credential compromise, or security incident involving the Services.

Alchemy may revoke, rotate, rate limit, or suspend API keys where necessary to protect the Services, prevent abuse, comply with law, or enforce these Terms.

6. Customer Content and Output responsibility

As between Alchemy and Customer, Customer owns its Inputs. Subject to these Terms and applicable Model Terms, Alchemy assigns to Customer any rights Alchemy may have in Outputs generated for Customer through the Services.

Customer is solely responsible for Customer Content, including whether Inputs may lawfully be submitted, whether Outputs may lawfully be used, and whether Customer has the rights, notices, consents, and legal bases its use cases require.

Customer must not submit special-category personal data, protected health information, payment card data, biometric identifiers, government identification data, classified information, export-controlled data, or other highly sensitive data unless Alchemy has expressly agreed to that use in a signed agreement.

Alchemy does not guarantee that Outputs are unique, non-infringing, correct, secure, or fit for a particular purpose. Similar or identical Outputs may be generated for other customers.

7. Zero Data Retention and data use

Alchemy Inference inference endpoints are operated under ZDR unless a separate signed agreement expressly states otherwise.

Alchemy does not intentionally store prompt text, completion text, or persistent result caches from inference requests after the request completes. Inputs and Outputs are processed transiently to provide the response and are not used to train, fine-tune, evaluate, benchmark, or improve models or services without Customer's opt-in or a signed agreement.

Alchemy processes Usage Metadata for billing, fraud prevention, rate limiting, security, debugging, capacity planning, reliability, and compliance. Usage Metadata does not include prompt or completion text.

Temporary processing required for streaming, queueing, batching, in-request KV-cache reuse, retry handling, and network transmission is not retention, provided the data is not intentionally written to persistent storage and is discarded or overwritten as part of normal request handling.

Customer acknowledges that ZDR limits Alchemy's ability to reproduce requests, debug output quality, investigate model behavior, or restore Customer Content.

8. Model Terms and model behavior

Models made available through the Services may be subject to Model Terms imposed by their licensors or publishers. Customer must comply with the Model Terms for every model it uses.

Alchemy may publish model information such as name, source, license, context window, and support status. Model information may change over time.

Customer must not use a model in a way that violates its Model Terms, including restrictions on unlawful use, regulated use, deception, automated decision-making, or attribution obligations.

Unless expressly agreed in writing, Alchemy does not fine-tune models on Customer Content and does not create Customer-specific model weights from Customer Content.

9. Acceptable use and regulated use

Customer must comply with the Acceptable Use Policy in Appendix C and all applicable laws, regulations, sanctions, export controls, and industry rules.

High-risk regulated uses are prohibited unless Alchemy expressly authorizes the use case in a signed agreement. This includes uses that may require conformity assessment, human oversight, risk management, auditability, or other regulated AI controls under applicable law.

Alchemy may suspend or restrict access where it reasonably believes Customer's use violates these Terms, creates security or legal risk, threatens the integrity of the Services, or may harm third parties.

10. Fees, billing, taxes, and credits

Customer must pay all fees for the Services according to the pricing shown in the dashboard, in an order form or invoice, or as otherwise agreed in writing. Serverless usage is billed per token; dedicated deployments are billed as stated in the applicable order form.

Fees are stated in United States dollars unless the order form or invoice states otherwise, and are exclusive of sales tax, VAT, withholding tax, duties, and similar taxes.

For self-service prepaid usage, Customer must maintain a positive credit balance unless Alchemy has approved invoiced billing. Credits are deducted based on actual usage and may decrease in real time. If the balance reaches zero or a risk threshold set by Alchemy, Alchemy may suspend or throttle access until credits are added or payment is made.

Purchased prepaid credits do not expire under these Terms unless an order form, promotion, or applicable law provides otherwise.

Promotional, trial, gift, or early-access credits, including credits offered through the waitlist or redeemed with a gift code, are granted at our discretion, may be subject to additional conditions, may expire or be revoked, apply only to fees for the Services, and have no cash value.

Prepaid credits are non-refundable except where required by law, expressly stated in a signed order form, or approved by Alchemy in writing for a verified billing error. Credits are not bank deposits, stored value, or electronic money.

For approved invoiced billing, invoices are due thirty (30) days from the invoice date unless the invoice or order form states otherwise. Customer must raise billing disputes within thirty (30) days after the invoice or charge date and must pay undisputed amounts on time. Past-due undisputed amounts may lead to suspension and late charges at the lower of 1.5% per month or the maximum rate permitted by law.

Customer is responsible for chargebacks, payment reversals, failed payments, and taxes arising from its use. Alchemy uses third-party payment processors to collect payments and manage invoices.

11. Service levels and support

Alchemy does not offer a service level agreement under these Terms. Availability targets, support response times, and any service credits apply only where stated in a signed order form or agreement, and Appendix D describes how those commitments work.

Alchemy will use commercially reasonable efforts to keep the Services available and to respond to support requests, and may prioritize incidents based on severity, security risk, production impact, and Customer's contract terms.

12. Security

Alchemy maintains administrative, technical, and organizational safeguards designed to protect the Services and Customer Content. Current measures are summarized in Appendix B.

Customer is responsible for securing its own applications, systems, networks, devices, API keys, users, end-user notices, and downstream processing. Customer must not attempt to bypass rate limits, authentication, security controls, usage limits, or isolation controls.

Alchemy may investigate suspected abuse, security incidents, fraud, or policy violations, in a manner consistent with the ZDR commitments in these Terms where technically feasible.

13. Confidentiality

Each party may receive non-public business, technical, security, pricing, product, or operational information from the other ("Confidential Information"). Customer Content is Customer's Confidential Information.

The receiving party must use Confidential Information only to provide or receive the Services, protect it with reasonable care, and disclose it only to personnel, affiliates, contractors, professional advisers, and subprocessors who need to know it and are bound by confidentiality obligations.

These obligations do not apply to information that is public without breach, independently developed, lawfully received from a third party without confidentiality restrictions, or required to be disclosed by law after reasonable notice where permitted.

14. Intellectual property and feedback

Alchemy and its licensors retain all rights in the Services, software, documentation, infrastructure, APIs, dashboard, model serving stack, names, logos, trademarks, and related technology.

Customer grants Alchemy a limited right to process Customer Content solely to provide, secure, bill, troubleshoot, and support the Services and to comply with law and these Terms.

If Customer provides feedback, suggestions, or ideas, Alchemy may use them without restriction or compensation, provided that Alchemy does not disclose Customer's Confidential Information or Customer Content in violation of these Terms.

15. Disclaimers

Except as expressly stated in these Terms or a signed agreement, the Services are provided "as is" and "as available". Alchemy disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and error-free operation.

Alchemy does not warrant that any model or Output will be accurate, safe, complete, uninterrupted, secure, available in every region, compliant with Customer-specific laws, or suitable for a regulated use case.

AI systems can produce incorrect, biased, harmful, unsafe, or unexpected Outputs. Customer is responsible for appropriate human review, testing, monitoring, and safeguards.

16. Indemnification

Customer will defend, indemnify, and hold harmless Alchemy and its affiliates, directors, officers, employees, and contractors from and against claims, damages, liabilities, penalties, fines, costs, and expenses, including reasonable legal fees, arising from Customer Content, Customer's applications, Customer's use of the Services, Customer's breach of these Terms, or Customer's violation of law or third-party rights.

Alchemy will promptly notify Customer of any indemnified claim, allow Customer reasonable control of the defense, and reasonably cooperate at Customer's expense. Customer may not settle a claim in a way that admits fault by Alchemy or imposes non-monetary obligations on Alchemy without Alchemy's prior written consent.

17. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, business opportunity, or anticipated savings, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party's total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts paid or payable by Customer to Alchemy for the Services giving rise to the claim during the twelve (12) months before the event giving rise to liability.

This cap does not limit Customer's payment obligations, Customer's indemnification obligations, either party's liability for fraud or willful misconduct, or any liability that cannot be limited under applicable law.

18. Suspension and termination

Alchemy may suspend or limit access immediately if Customer breaches these Terms, fails to pay undisputed amounts, creates security or legal risk, exceeds usage limits, attacks or disrupts the Services, or uses the Services in a prohibited manner.

Either party may terminate for material breach not cured within thirty (30) days after written notice, except that Alchemy may terminate immediately for severe abuse, unlawful use, security threats, or repeated violations. Customer may stop using the Services and close its Account at any time.

On termination, Customer must stop using the Services and pay all outstanding amounts. Provisions that by their nature should survive will survive, including confidentiality, payment, data protection, disclaimers, indemnification, limitation of liability, and governing law.

19. Compliance with laws and export controls

Customer must comply with all applicable laws and regulations, including privacy, data protection, AI governance, consumer protection, cybersecurity, sanctions, anti-bribery, export control, and industry-specific laws.

Customer must not access or use the Services from embargoed jurisdictions, as or on behalf of sanctioned persons, or for prohibited end uses, and must not export, re-export, or transfer the Services or Outputs in violation of export control or sanctions laws.

20. Changes to these Terms

Alchemy may update these Terms from time to time. The updated version takes effect when posted at inference.alchemy.com/terms, unless a later effective date is stated. Material changes will be communicated by email or in the dashboard.

Changes do not apply retroactively to disputes that arose before the effective date. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

21. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to its conflict of laws rules, unless a signed agreement specifies otherwise.

The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any such dispute, and each party consents to personal jurisdiction there, unless applicable mandatory law requires another forum.

The English language version of these Terms controls. Any translation is provided for convenience only.

22. Contact

Legal, privacy, security and abuse notices may be sent to [email protected].

Appendix A: Data Processing Addendum

A1. Scope and roles

This Data Processing Addendum ("DPA") forms part of the Terms where Alchemy processes personal data on behalf of Customer in providing the Services.

For Customer Content processed through inference endpoints, Customer is the controller or processor, as applicable, and Alchemy is a processor or subprocessor acting on Customer's instructions. For account administration, billing, legal compliance, security, fraud prevention, website, and business contact data, Alchemy acts as an independent controller as described in the Alchemy Inference Privacy Policy.

A2. Processing details

• Subject matter: provision, security, support, billing, and administration of hosted AI inference services.
• Duration: the term of the Services plus the period required for deletion, backup rotation, legal retention, dispute handling, and audit records.
• Nature and purpose: transient inference processing, authentication, rate limiting, billing, security monitoring, incident response, troubleshooting, support, and compliance.
• Types of personal data: personal data Customer includes in Inputs; business contact data; account identifiers; usage and billing metadata; support communications; security logs.
• Data subjects: Customer personnel, authorized users, Customer end users, and other persons whose personal data Customer submits.
• Sensitive data: prohibited unless expressly authorized in a signed agreement.

A3. Customer instructions

Alchemy will process personal data only on Customer's documented instructions, including these Terms, an order form, Customer's API requests and configuration, and written instructions accepted by Alchemy. Alchemy will inform Customer if, in its reasonable opinion, an instruction infringes applicable data protection law, unless prohibited by law from doing so.

A4. Confidentiality and security

Alchemy will ensure that persons authorized to process personal data are bound by confidentiality obligations, and will maintain appropriate technical and organizational measures, summarized in Appendix B, designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

A5. Subprocessors

Customer gives Alchemy general written authorization to engage subprocessors, including cloud, compute, and model hosting providers, as necessary to provide, secure, support, bill, and administer the Services. Alchemy will impose written data protection obligations on subprocessors that are no less protective than this DPA, to the extent applicable, and remains responsible for their performance as required by applicable law. On request, Alchemy will provide reasonable information about its subprocessors.

A6. International transfers

Inference requests may be processed in the regions Alchemy selects for serverless traffic, or in the regions agreed for a dedicated deployment. Where personal data is transferred across borders and applicable law requires a transfer mechanism, Alchemy will use one, such as Standard Contractual Clauses.

A7. Assistance

Taking into account the nature of processing, Alchemy will provide reasonable assistance with data subject requests, security obligations, breach notifications, data protection impact assessments, and regulator consultations, to the extent required by applicable law. Because inference endpoints operate under ZDR, Alchemy is generally unable to access, retrieve, correct, or delete prompt or completion text after a request completes.

A8. Personal data breach

Alchemy will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data that Alchemy processes as processor, with the information reasonably available to help Customer meet its own obligations, which may be provided in phases.

A9. Audit information

Alchemy will make available information reasonably necessary to demonstrate compliance with this DPA, subject to confidentiality, security, and reasonable scope limits. On-site audits require a separate written agreement.

A10. Deletion and return

At the end of the Services, Alchemy will delete or return Customer personal data processed as processor, unless retention is required by law, dispute preservation, security, or backup rotation. Prompt and completion text processed under ZDR is not retained and therefore cannot be returned.

A11. U.S. state privacy laws

To the extent U.S. state privacy laws apply, Alchemy processes Customer Content as a service provider or processor, will not sell or share Customer Content for cross-context behavioral advertising, and will not retain, use, or disclose Customer Content outside the business purposes described in these Terms, except as permitted by law.

Appendix B: Security measures

B1. Access control

Alchemy uses role-based and least-privilege access controls and multi-factor authentication for administrative access to systems that operate the Services, and removes access when it is no longer required. Personnel and contractors with access to confidential information are bound by confidentiality obligations.

B2. Encryption and key handling

Customer-facing API and dashboard traffic is encrypted in transit. Production databases and backups are encrypted at rest where supported by the underlying platform. API keys are stored only as one-way hashes and are shown in full only once, when created.

B3. Logging and ZDR controls

Operational logs, security logs, billing records, and monitoring systems are designed not to capture prompt or completion text from inference requests. Usage Metadata is collected for billing, rate limiting, reliability, fraud prevention, security, and debugging.

B4. Secure operations

Alchemy maintains procedures for vulnerability management, patching, incident response, abuse handling, credential rotation, and vendor review appropriate to the nature and risk of the Services. Customers may request reasonable security questionnaires for enterprise diligence, subject to confidentiality.

Appendix C: Acceptable Use Policy

C1. Prohibited uses

Customer must not use the Services to violate law, infringe rights, deceive people, harm people or property, compromise systems, evade safety controls, or facilitate abuse. Prohibited uses include:

• malware, credential theft, phishing, spam, or bot abuse;
• unauthorized surveillance, doxxing, harassment, or extortion;
• child sexual abuse material or any sexual content involving minors;
• terrorist or violent extremist activity, or unlawful weapons activity;
• evading sanctions or export controls;
• content that is unlawful, defamatory, infringing, or fraudulent, or that impersonates or misleads people about material facts;
• attempts to bypass security controls, authentication, or rate limits.

C2. High-risk and regulated uses

Unless expressly authorized in a signed agreement, Customer must not use the Services for high-risk regulated uses, including decisions about credit, lending, insurance, employment, education access, housing, criminal justice, immigration, or public benefits; biometric identification; medical diagnosis or treatment; legal or financial advice; or other decisions that may produce legal or similarly significant effects for individuals. Customer must not use the Services as the sole basis for safety-critical, life-critical, or emergency systems.

C3. Security testing and abuse reporting

Customer must not scan, test, attack, overload, scrape, reverse engineer, or interfere with the Services except as authorized in writing. Report security issues, abuse, and suspected misuse to [email protected].

Appendix D: Service commitments

Service commitments, such as availability targets, support response times, and service credits, apply only to dedicated deployments and only where they are stated in a signed order form or agreement. No availability target or service credit applies to serverless usage or to dedicated deployments without such a commitment.

Unless the order form says otherwise: availability is measured per calendar month for the covered deployment; planned and emergency maintenance, Customer systems and configuration, Customer breach, force majeure, denial-of-service attacks, third-party network failures, upstream model defects, and suspension for non-payment or abuse are excluded; and support response targets are initial response targets, not resolution commitments.

Where service credits are agreed, they are Customer's sole and exclusive remedy for missing a service commitment, are applied to future fees for the affected deployment, are not cash refunds, and must be claimed in writing to [email protected] within fifteen (15) days after the end of the affected month, with dates, times, request identifiers where available, and a description of the impact.

Appendix E: Model terms and data handling summary

E1. Model information

Alchemy offers multiple models with different performance characteristics, context windows, licenses, restrictions, and support status. Customer should review the information for a model before production use. Requirements for a specific model version, region, license posture, context window, or deprecation notice period must be stated in a signed order form.

E2. Training, fine-tuning, and evaluation

Alchemy does not use Customer Content from inference endpoints to train, fine-tune, evaluate, benchmark, or improve models or services without Customer's opt-in or a signed agreement. Customer-requested fine-tuning, evaluation, prompt logging, or debugging requires separate written terms covering data use, retention, deletion, access, and security.