Terms of Service

Welcome to Tokenswim. These Terms of Service (the “Terms”) are a binding agreement between you and Tokenswim governing your access to and use of the Tokenswim website at tokenswim.app, account features, APIs, dashboards, documentation, OAuth endpoints, and related services (collectively, the “Service”).

By creating an account, creating or using an API key, completing OAuth authorization, contributing capacity as an approved partner, purchasing credits, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization. You are responsible for ensuring that anyone who accesses the Service through your account complies with these Terms.

Tokenswim operates a unified AI API gateway. Through the Service, you may:

• access supported large language models and related model endpoints via OpenAI-compatible and Claude-compatible interfaces;
• create and manage scoped API keys, review usage, and administer billing and referral features;
• where offered, use Tokenswim as an OAuth / OIDC identity provider for first-party clients; and
• if approved, contribute routing capacity as a capacity partner subject to partner-specific rules shown in the Service.

Tokenswim may add, remove, re-route, or reconfigure models, endpoints, providers, and features at any time. Distributed nodes may automatically select paths based on availability, latency, health, or other operational factors. We do not guarantee that any particular model, provider, region, or feature will remain available.

You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent and warrant that:

• you are at least 16 years of age;
• you have not been previously suspended or permanently removed from the Service;
• your registration and use of the Service comply with all applicable laws and regulations; and
• if you accept these Terms for an organization, you have authority to do so.

Do not use Tokenswim if you are prohibited from receiving the Service under applicable law, including export control, sanctions, or similar restrictions.

Unsupported countries and regions

Tokenswim does not offer the Service in the countries and regions listed below. You may not create an account, purchase credits, or access or use the Service from, or while located or resident in, any of them:

• China Mainland (the mainland of the People’s Republic of China)

We may update this list at any time. If you are in, or later move to, a listed country or region, you must stop using the Service, and we may suspend or close any account we reasonably believe is used from one.

To access most features of the Service, you must register for an account and provide accurate, complete, and current information. You agree to keep that information up to date.

You are responsible for protecting your password, multi-factor authentication methods, recovery codes, session tokens, API keys, OAuth client credentials, and any other credentials associated with your account. You are responsible for activity carried out through your account or credentials, unless you promptly report unauthorized access to us and we determine, in our reasonable judgment, that you were not at fault.

Do not share credentials, bypass access controls, create accounts by automated means without authorization, or use another person’s account without permission. We may require identity verification, additional security measures, or temporary suspension when we reasonably believe an account is compromised, abusive, or non-compliant.

If you believe your account or keys are no longer secure, notify us promptly at contact@tokenswim.app and revoke or rotate affected credentials in the dashboard when possible.

You may use the Service only for lawful, authorized purposes and in accordance with these Terms, applicable law, and the terms of any upstream model provider whose models you access through Tokenswim.

Without limiting the foregoing, you must not:

• disrupt, overload, probe, scrape in a harmful manner, reverse engineer (except to the extent such restriction is prohibited by law), or interfere with the Service or its infrastructure;
• attempt to gain unauthorized access to accounts, systems, data, networks, or providers connected to the Service;
• use the Service to violate rights of others, distribute malware, evade provider or platform controls, engage in fraud, or facilitate unlawful activity;
• submit inputs or content you lack the right to process, including personal, confidential, proprietary, or regulated data without an appropriate legal basis and any required notices or consents;
• misrepresent the origin of traffic, spoof identity metadata in a deceptive way, or abuse free-trial, promo, referral, or partner programs;
• resell, sublicense, white-label, or provide access to the Service to third parties as a commercial offering unless Tokenswim expressly authorizes it in writing; or
• use the Service in a way that causes Tokenswim to violate a model provider’s acceptable use policy, rate limits, or contractual restrictions.

We may investigate suspected violations and take technical or administrative measures we consider appropriate, including rate limiting, filtering, suspension, or termination.

The Service enables access to third-party generative AI models and related APIs (“Models”) supplied by third-party model providers (“Model Providers”). By accessing a Model through Tokenswim, you agree to comply with that Model Provider’s applicable terms, usage policies, and data practices (collectively, “Model Terms”).

You are solely responsible for reviewing Model Terms before using a Model and for determining whether those terms allow your intended use of inputs, outputs, and any downstream product you build. Model Terms may change over time; continued use of a Model after an update constitutes acceptance of the updated Model Terms for that Model.

Tokenswim does not control Model Providers. Availability, latency, quality, safety filters, content policies, retention practices, and outputs are outside Tokenswim’s exclusive control. We provide access to Models on an “as available” basis and may suspend, restrict, or terminate access to a Model when required by a Model Provider, for security or compliance reasons, or to protect the Service.

Unless a separate written agreement says otherwise, Tokenswim does not use your API request content to train its own foundation models. Model Providers may have different practices for training, logging, or retention. Review the documentation and privacy materials for each Model you select.

“Inputs” means prompts, messages, files, parameters, and other content you or your applications submit to the Service. “Outputs” means model responses and other content returned through the Service for a request. “User Content” means Inputs, Outputs, account materials, and other content you provide or generate through the Service.

As between you and Tokenswim, and subject to the rights of Model Providers and applicable law, you retain whatever rights you already have in your Inputs. To the extent Outputs are assignable, Tokenswim assigns to you any interest it may have in Outputs generated for your requests, subject to these Terms and Model Terms. You acknowledge that Outputs may be similar to content generated for others and that model outputs are not guaranteed to be unique, accurate, or non-infringing.

You grant Tokenswim a worldwide, non-exclusive, royalty-free license to host, transmit, process, route, log (as described in our Privacy Policy), secure, troubleshoot, meter, and otherwise use User Content as needed to provide and operate the Service, prevent abuse, and comply with law.

You represent that you have all rights, consents, and legal bases needed to submit Inputs and to permit Tokenswim and Model Providers to process them as described in these Terms and the Privacy Policy. You are solely responsible for User Content and for evaluating Outputs before relying on them for any purpose.

Do not treat model Outputs as professional advice (including legal, medical, financial, or safety-critical advice) without independent human review appropriate to the risk.

Prepaid credits and metering

Tokenswim is offered primarily as a prepaid, pay-as-you-go software service. Access to model calls and certain features may require account credits. Prices, metering rules, free tiers or promo balances (if any), minimum top-ups, and currency display are shown in the Service at the time of purchase or use. Live per-model prices are published on the Pricing page when available.

Credits are a prepaid right to use the Service; they are not a bank deposit, stored-value instrument, investment product, or e-money unless required by mandatory law. Unused credits may be subject to expiration, inactivity rules, or program conditions disclosed in the Service. We may update pricing prospectively; continued use after a price change takes effect constitutes acceptance of the new prices for future usage.

Payments, refunds, and chargebacks

Payments may be processed by third-party payment processors (for example card or cryptocurrency processors). Their terms and privacy practices apply to payment data they process. You authorize Tokenswim and its processors to charge the payment method you select for the amounts you confirm.

Except where mandatory consumer law requires otherwise, or where the Service expressly states a refund window for a specific product: purchased credits are generally non-refundable once payment is completed; cryptocurrency payments are typically irreversible; and platform, network, or processor fees are non-refundable. We may provide goodwill credits or reverse charges at our discretion to correct billing errors or address exceptional cases.

We may delay, reverse, reject, freeze, or review payments, credits, referrals, or withdrawals to prevent fraud, resolve errors, address chargebacks, enforce these Terms, or comply with law. If a payment is reversed or charged back after credits were applied, we may debit your balance, suspend access, and recover amounts owed by any lawful means.

Referrals and withdrawals

Referral rewards, promo balances, partner earnings, and withdrawal eligibility (including minimums, supported networks or addresses, fees, and review periods) are defined in the Service and may change. Rewards may be voided for self-referral, fake accounts, abuse, or activity we reasonably determine is fraudulent or non-compliant. Withdrawals may be delayed or declined for security, compliance, or verification reasons.

Approved capacity partners may contribute routing capacity to the Tokenswim network under rules, technical requirements, and commercial terms presented in the partner application or dashboard. Partner credentials and secrets must be protected; partner traffic is metered; and earnings, if any, are subject to review, clawback for errors or abuse, and the withdrawal rules of the Service.

Tokenswim may approve, suspend, or terminate partner status for any reasonable operational, security, quality, or compliance reason. Unless a separate signed partner agreement states otherwise, these Terms govern partner use of the Service.

Tokenswim and its licensors retain all rights, title, and interest in the Service, including software, infrastructure, documentation, branding, model-routing logic, dashboards, and design. These Terms do not grant you any ownership interest in the Service.

Except for the limited right to access and use the Service as expressly permitted, no rights are granted by implication or otherwise. You may not copy, modify, distribute, sell, lease, or create derivative works of the Service except as allowed by law or with our prior written consent.

If you provide feedback, ideas, or suggestions about the Service, you grant Tokenswim a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation.

You may stop using the Service at any time. You may request account closure through available self-serve tools or by contacting us. We may suspend or terminate access immediately if we reasonably believe you have materially breached these Terms or Model Terms, present a security or fraud risk, create legal exposure, fail payment obligations, or remain inactive for a prolonged period.

We may also modify, discontinue, or limit the Service (or any part of it) with or without notice when reasonably necessary for security, legal compliance, provider requirements, maintenance, or product evolution. Upon termination, your right to use the Service ends. Provisions that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnity, and accrued payment obligations) will survive.

Unless mandatory law requires otherwise, unused prepaid credits are not automatically refundable upon termination initiated for your breach. If we permanently discontinue the Service for all users, we will use commercially reasonable efforts to provide notice and a fair wind-down process for remaining balances where practical.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Tokenswim does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that Outputs will be accurate, complete, or suitable for any purpose; or that defects will be corrected. You are solely responsible for decisions made based on Outputs and for implementing appropriate human review, filtering, and safety measures in your applications.

Model Providers, payment processors, infrastructure vendors, and other third parties are independent of Tokenswim. We are not responsible for third-party services, their unavailability, their content policies, or their handling of data once lawfully transmitted to them to fulfill your requests.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOKENSWIM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOKENSWIM’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TOKENSWIM FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations; in those cases, the limitations apply to the fullest extent permitted. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

You will defend, indemnify, and hold harmless Tokenswim and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content or use of Outputs; (b) your use of the Service; (c) your breach of these Terms or Model Terms; (d) your violation of applicable law or third-party rights; or (e) disputes between you and your end users or customers related to applications that integrate the Service.

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page with a revised “Last updated” date and, where appropriate, provide additional notice (for example in-product or by email to the address on your account).

Except where mandatory law requires otherwise, changes become effective when posted. If you continue to use the Service after an update takes effect, you accept the updated Terms. If you do not agree, you must stop using the Service and may request account closure.

These Terms, together with the Privacy Policy, Cookie Policy, and any additional product-specific terms presented in the Service, constitute the entire agreement between you and Tokenswim regarding the Service and supersede prior or contemporaneous agreements on the same subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets.

For legal notices or questions about these Terms, contact contact@tokenswim.app.