Terms of Service
Last updated: 14 April 2026
These Terms of Service ("Terms") govern your use of the Kraken API gateway ("Service") operated by GammaInfra ("we", "us", "our"). By using the Service, you ("Customer", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Service Description
Kraken is a managed LLM API gateway that provides access to multiple large language model (LLM) providers through a single, OpenAI-compatible API endpoint. Kraken is AI infrastructure, not an AI provider. We do not generate, train, or host AI models. All model outputs are generated by third-party providers and passed through to you unmodified. Our service is the intelligent routing layer that classifies your request, selects the best-fit model, and handles failover automatically.
2. API Access & Managed Keys
By default, Kraken provides managed API access to all supported providers using our own provider credentials. This means you can access every model with a single Kraken API key. When using managed access:
- You do not need accounts with individual LLM providers — Kraken handles the provider relationship on your behalf.
- Availability of managed access is subject to our agreements with each provider and may be limited, modified, or discontinued for any provider at any time.
- We may impose rate limits or usage restrictions on managed access at our discretion.
- You remain responsible for the content you submit and must comply with each provider's acceptable use policy (see Section 5).
3. Bring Your Own Key (BYOK)
You may optionally provide your own API keys for any supported LLM provider. When you do so:
- Your requests to that provider will be authenticated using your own key instead of Kraken's managed key.
- You are solely responsible for your relationship with each provider, including compliance with their terms of service, usage policies, and billing.
- Kraken stores your provider API keys encrypted at rest. However, we cannot guarantee absolute security, and you acknowledge the inherent risk of transmitting credentials to a third-party service.
- You may revoke or rotate your provider API keys at any time. Kraken will fall back to managed keys (if available) or skip that provider in the routing chain.
BYOK is optional and available for customers who prefer to maintain direct provider relationships or require specific provider account configurations.
4. Customer Obligations
By using the Service, you agree to:
- Comply with the acceptable use policies and terms of service of each LLM provider you route requests through.
- Not use the Service for any unlawful purpose, including but not limited to: generating child sexual abuse material (CSAM), harassment or threats, malware development, spam or automated bulk messaging, or any activity that violates applicable law.
- Not attempt to circumvent rate limits, abuse the platform, reverse-engineer the routing logic, or interfere with the operation of the Service.
- Provide accurate account information and maintain the security of your Kraken API key.
5. Provider Terms Pass-Through
When you route requests through a provider via Kraken, you agree to be bound by that provider's terms of service and acceptable use policies. It is your responsibility to review and comply with these terms:
- OpenAI Terms of Use
- Anthropic Acceptable Use Policy
- Google Gemini API Terms
- Mistral Commercial Terms of Service
- Groq Services Agreement
- DeepSeek Open Platform Terms
- xAI Enterprise Terms of Service
Kraken is not a party to your agreement with any provider. We are not responsible for any provider's actions, policies, or enforcement decisions.
6. Credits & Billing
- Credits are prepaid and USD-denominated. 1 credit = $0.01 USD.
- Credits never expire.
- Credits are non-refundable except as required by applicable law.
- A 2% fee is applied on top of the underlying provider cost for each request.
- All payments are processed via Stripe. By making a payment, you also agree to Stripe's Terms of Service.
- We reserve the right to adjust the fee percentage with 30 days' written notice via the email address associated with your account.
- If your credit balance is insufficient to cover the estimated cost of a request, the request will be rejected with a 402 status code.
7. Data Handling
We take your privacy seriously. Our data practices are as follows:
- We log request metadata for billing and routing optimization: timestamps, token counts, latency, model used, provider, cost, and error codes.
- We do NOT log prompt content or model responses. Your inputs and outputs pass through our gateway but are not stored.
- Provider API keys you supply are stored encrypted at rest.
- For full details, see our Privacy Policy.
8. Availability & SLA
The Service is provided "as is" and "as available" without warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We do not guarantee any specific uptime percentage or service level.
- We are not responsible for outages, rate limits, API changes, deprecations, or other disruptions caused by third-party LLM providers.
- We will make reasonable commercial efforts to maintain the availability and reliability of the Service.
9. Intellectual Property
You retain all rights to the content you send through Kraken (your prompts, inputs, and instructions) and to the outputs generated by LLM providers in response to your requests. Kraken claims no ownership over any content that passes through the gateway.
The Kraken name, logo, and Service software are the property of GammaInfra. These Terms do not grant you any rights to our trademarks or intellectual property beyond the right to use the Service as described herein.
10. Limitation of Liability
- Kraken's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Service is limited to the total amount you paid to Kraken in the 12 months preceding the claim.
- In no event shall Kraken be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether we were advised of the possibility of such damages.
- Kraken is not liable for any actions, omissions, outages, or content generated by third-party LLM providers. Your use of provider services through Kraken is at your own risk.
11. Termination
- Either party may terminate this agreement at any time, for any reason.
- You may stop using the Service and close your account by contacting us at hello@gammainfra.com.
- Remaining credits are forfeited upon termination initiated by the Customer.
- We may suspend or terminate your account immediately if you violate these Terms, without prior notice and without refund of remaining credits.
- Sections 9, 10, and 13 survive termination.
12. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will notify you via the email address associated with your account at least 30 days before the changes take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service before they take effect.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Contact
If you have questions about these Terms, contact us at hello@gammainfra.com.