Welcome, and thank you for your interest in Zygma, Inc. (“OpenMesh,” “we,” “us,” or “our”) and our website, platform, APIs, dashboard, and related services (collectively, the “Service”). These Terms of Service (the “Terms”) are a legally binding agreement between you and OpenMesh regarding your access to and use of the Service.

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PLEASE READ THESE TERMS CAREFULLY. By clicking “I accept,” creating an account, accessing the Service, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Service.

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These Terms include an agreement to resolve disputes by binding arbitration and a waiver of class action rights, subject to limited exceptions. Please review the section titled Dispute Resolution and Arbitration carefully.

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1. OpenMesh Service Overview

OpenMesh provides a unified platform for web-connected agentic inference. The Service may include, without limitation:

• model deployment and endpoint management (“Deploy”),

• task-level routing and orchestration across models, providers, and execution paths (“Route” or “Task Router”),

• web search, retrieval, grounding, and related capabilities (“Ground”),

• performance analysis, observability, testing, and evaluation features (“Evaluate”),

• APIs, dashboards, billing tools, logs, analytics, and account management features.

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OpenMesh may add, remove, modify, suspend, or discontinue any part of the Service at any time.

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OpenMesh may integrate with or provide access to third-party models, providers, APIs, search systems, infrastructure services, payment processors, and other external services (“Third-Party Services”). Your use of certain parts of the Service may also be subject to separate third-party terms.

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2. Eligibility

You must be at least 18 years old to use the Service, or the age of legal majority in your jurisdiction, whichever is greater.

By using the Service, you represent and warrant that:

1. you are legally able to enter into these Terms;

2. you have not previously been suspended or removed from the Service;

3. your registration and use of the Service comply with all applicable laws, regulations, and contractual obligations; and

4. if you use the Service on behalf of a company, organization, or other entity, you have authority to bind that entity to these Terms, and “you” includes that entity.

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3. Accounts and Registration

To access most features of the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:

• maintaining the confidentiality of your account credentials,

• all activities that occur under your account,

• all use of API keys, access tokens, billing credentials, and workspace permissions associated with your account.

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You must promptly notify us at support@openmesh.ai if you believe your account or credentials have been compromised.

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OpenMesh may offer individual accounts, team accounts, enterprise workspaces, or similar account structures. If you are an administrator of an organization or workspace, you may be able to manage settings, billing, logs, permissions, routing configurations, and other controls for authorized users within that workspace.

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4. Payment, Billing, and Stripe

4.1 Paid Services

Certain parts of the Service require payment, including subscriptions, usage-based charges, overages, credits, or other fees. You agree to pay all fees and applicable taxes associated with your use of the Service.

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4.2 Stripe Payment Processing

We use Stripe as our payment processor for certain billing transactions. By purchasing paid services through OpenMesh, you authorize OpenMesh and Stripe to charge your selected payment method for all applicable fees, taxes, and overages.

Your use of Stripe’s payment services may also be subject to Stripe’s own terms, policies, and processing requirements.

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4.3 Subscription Plans

OpenMesh may offer free, developer, pro, team, enterprise, usage-based, prepaid, or custom-priced plans. Plan features, included usage, quotas, and pricing may change from time to time.

Subscriptions may automatically renew unless canceled before the renewal date. You authorize us to charge your payment method for recurring subscription fees until canceled.

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4.4 Usage-Based Billing and Overage Charges

In addition to subscription fees, OpenMesh may charge based on usage, including but not limited to:

• tokens processed,

• model inference usage,

• requests or runs,

• grounded search or retrieval usage,

• evaluation, logging, tracing, or storage usage,

• deployment or endpoint usage,

• other metered consumption associated with the Service.

If your usage exceeds included plan limits, you authorize OpenMesh to charge overage fees based on our then-current pricing.

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4.5 Billing Information

You must provide valid and current billing information. If your payment method fails, we may suspend or terminate access to paid features until payment is received.

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4.6 Refunds

Except as required by law or expressly stated otherwise in writing, fees are non-refundable. This includes subscription fees, consumed usage, overages, and partially used billing periods.

If OpenMesh offers prepaid credits, promotional credits, or account balances, such credits:

• may be non-refundable,

• may not be redeemable for cash,

• may expire if specified at the time of issuance or purchase,

• may be revoked if issued in error, obtained fraudulently, or used in violation of these Terms.

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4.7 Changes to Fees

We may change our prices, usage rates, billing structure, plan features, or payment terms at any time. If we make a material change, we will provide reasonable advance notice. Continued use of the paid Service after the change takes effect constitutes acceptance of the revised pricing.

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5. User Content, Inputs, and Outputs

5.1 Definitions

You may submit prompts, data, code, files, images, content, requests, instructions, or other materials to the Service (“Inputs”). You may receive responses, completions, code, classifications, summaries, outputs, results, routing decisions, evaluations, or other generated or processed materials from the Service (“Outputs”).

Inputs and Outputs together are “User Content.”

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5.2 Ownership

As between you and OpenMesh, and subject to applicable law and third-party rights, you retain any rights you may have in your Inputs. Subject to these Terms and any applicable third-party model or provider terms, you also retain rights you may have in Outputs generated specifically for you through the Service.

OpenMesh does not claim ownership of your User Content. However, you grant OpenMesh the rights described below to operate and improve the Service.

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5.3 License to OpenMesh

You grant OpenMesh a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, modify, display, and otherwise use your User Content as necessary to:

• provide and operate the Service,

• route, process, and evaluate requests,

• enable deployments, search, retrieval, routing, storage, safety checks, and logging,

• detect abuse, enforce policies, and maintain security,

• perform billing, analytics, debugging, support, and system administration,

• improve and develop the Service, only to the extent permitted by your settings, plan, or separate agreement.

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If OpenMesh offers settings such as zero-retention, no-training, logging controls, or enterprise data restrictions, we will use commercially reasonable efforts to honor those settings as described in the Service.

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5.4 Responsibility for Content

You are solely responsible for your Inputs and your use of Outputs. You represent and warrant that:

• you have all rights, permissions, and legal authority needed to submit your Inputs and use the Service;

• your Inputs, Outputs, and use of the Service do not violate law, regulation, contract, or third-party rights;

• your Inputs do not include unlawful content, malware, or content you are not authorized to process through the Service.

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5.5 AI and Output Disclaimer

You acknowledge that Outputs may be inaccurate, incomplete, misleading, offensive, or unsuitable for your intended use. OpenMesh does not guarantee the accuracy, legality, availability, or quality of any Output. You are solely responsible for reviewing and validating Outputs before relying on them.

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You must not use the Service or any Output in a manner that could reasonably cause harm, including in high-risk contexts, without appropriate human review and safeguards.

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6. Data, Logging, and Privacy

Your use of the Service is subject to our Privacy Policy.

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Depending on your plan, settings, and product configuration, OpenMesh may process and store prompts, outputs, routing traces, logs, search requests, evaluation data, metadata, and other account activity.

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If you are using a workspace or enterprise account, your administrators may be able to access or manage logs, routing settings, evaluation data, usage information, and related workspace content.

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If OpenMesh offers zero-retention or restricted logging features, those features apply only as explicitly described in the product or in a separate written agreement.

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7. Acceptable Use and Prohibited Conduct

You agree not to, and not to permit any third party to:

1. use the Service in violation of any law, regulation, sanctions, export control requirement, or third-party right;

2. submit unlawful, infringing, defamatory, abusive, harassing, fraudulent, or malicious content;

3. use the Service to develop or distribute malware, conduct phishing, unauthorized surveillance, or harmful cyber activity;

4. interfere with, disrupt, or compromise the integrity, security, or performance of the Service;

5. reverse engineer, decompile, probe, or attempt to discover the source code, models, prompts, safeguards, routing logic, or underlying systems of the Service, except as expressly permitted by law;

6. bypass rate limits, security controls, account restrictions, or billing mechanisms;

7. scrape, copy, mirror, or systematically extract data or content from the Service except as expressly allowed;

8. resell, sublicense, lease, or provide the Service to third parties except as expressly authorized by OpenMesh in writing;

9. use the Service to build a competing service based primarily on OpenMesh’s confidential or non-public features;

10. conduct adversarial testing, jailbreak attempts, prompt injection attacks, red teaming, or safety circumvention against the Service or third-party systems through the Service without prior written authorization;

11. misrepresent your identity, affiliation, billing information, or usage purpose;

12. use the Service in a way that imposes unreasonable or disproportionate load on our systems.

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OpenMesh may monitor use of the Service to prevent abuse, protect system integrity, comply with legal obligations, and enforce these Terms.

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8. Third-Party Services and Providers

The Service may depend on or interoperate with Third-Party Services, including model providers, search providers, infrastructure providers, and payment processors.

OpenMesh does not control and is not responsible for:

• the availability, legality, or performance of Third-Party Services,

• changes to third-party models, APIs, prices, features, or policies,

• third-party output quality, downtime, failures, latency, content retention, or training practices.

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Your use of third-party functionality through OpenMesh may be subject to separate third-party terms. OpenMesh may pass through restrictions, limitations, or requirements imposed by third-party providers.

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9. Suspension and Termination

You may stop using the Service at any time.

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OpenMesh may suspend, restrict, or terminate your access to the Service, in whole or in part, immediately and without prior notice if:

• you violate these Terms,

• your use creates legal, financial, or security risk,

• your payment fails,

• we suspect fraud, abuse, or unauthorized activity,

• we are required to do so by law or a third-party provider,

• continued service is no longer commercially or technically feasible.

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Upon termination, your right to use the Service ends immediately. We may delete or disable access to User Content, settings, logs, and account data in accordance with our retention practices and applicable law.

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Any unpaid fees remain due.

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10. Modifications to the Service

OpenMesh may modify, suspend, or discontinue the Service or any feature at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

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11. Intellectual Property Rights

The Service, including all software, interfaces, workflows, dashboards, designs, text, graphics, branding, code, features, and related materials provided by OpenMesh (collectively, “Materials”), are owned by OpenMesh or its licensors and are protected by intellectual property and other laws.

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Except for the limited rights expressly granted in these Terms, no rights are granted to you. You may not use OpenMesh trademarks, logos, branding, or other identifiers without prior written permission.

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12. Feedback

If you provide suggestions, ideas, comments, or feedback regarding the Service (“Feedback”), you grant OpenMesh a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable right to use, reproduce, modify, distribute, and otherwise exploit that Feedback for any purpose without restriction or compensation.

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13. Confidentiality

If either party discloses non-public confidential information to the other in connection with the Service, the receiving party will use reasonable care to protect it and use it only for purposes related to the Service, except as otherwise permitted in writing or required by law.

This section does not apply to information that:

• is or becomes public through no breach,

• was already known without obligation of confidentiality,

• is lawfully received from a third party,

• is independently developed without use of the other party’s confidential information.

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14. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENMESH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, SECURITY, OR AVAILABILITY.

OPENMESH DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,

• ANY OUTPUTS WILL BE ACCURATE OR SUITABLE,

• ANY THIRD-PARTY SERVICE WILL REMAIN AVAILABLE,

• ANY DEFECTS WILL BE CORRECTED,

• THE SERVICE WILL BE SECURE OR FREE OF HARMFUL COMPONENTS.

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND ANY OUTPUTS.

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15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENMESH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENMESH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO OPENMESH FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR

2. ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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16. Indemnification

You will defend, indemnify, and hold harmless OpenMesh and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your use of the Service,

• your Inputs, Outputs, or User Content,

• your violation of these Terms,

• your violation of applicable law or third-party rights,

• any product, service, or workflow you build or offer using the Service.

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OpenMesh reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with that defense.

 

17. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law rules.

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Subject to the arbitration section below, the state and federal courts located in New York, New York will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there.

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18. Dispute Resolution and Arbitration

18.1 Agreement to Arbitrate

Except for the limited exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis.

YOU AND OPENMESH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

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18.2 Exceptions

Nothing in this section prevents either party from:

• bringing an individual claim in small claims court,

• seeking injunctive or equitable relief for misuse of intellectual property or confidential information,

• pursuing claims that cannot lawfully be arbitrated.

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18.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules then in effect. The arbitration will take place in New York, New York, unless otherwise required by applicable law or mutually agreed.

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18.4 No Class Actions

You and OpenMesh agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding.

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19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting updated Terms on the Service, sending an email, or providing in-product notice.

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The updated Terms will become effective on the date indicated in the “Last Updated” line unless otherwise stated. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

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20. General Terms

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and OpenMesh regarding the Service.

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If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

OpenMesh may assign these Terms without restriction. You may not assign these Terms without our prior written consent.

Failure to enforce any provision is not a waiver.

Sections that by their nature should survive termination will survive, including sections regarding payment, ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

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21. Contact Information

If you have questions about these Terms or the Service, you may contact us at:

support@openmesh.ai