PearPie Terms of Service

What changed in this version

• PearPie is now operated by the newly incorporated PearPie B.V. (Netherlands, KvK 42083183, VAT NL869629773B01) — these Terms restate the agreement under that entity, with its registered office and contact details.
• New Acceptable use (Section 5) and Abuse prevention (Section 6) sections replace the old shorter list, with explicit CSAM reporting and a defined dispute process for suspensions.
• Credits & subscriptions (Section 7) now spells out subscription-credit rollover (up to two months) and a one-month usable window after cancellation, alongside the existing rule that purchased credits never expire.
• New fixed 14-day refund window for unused credits (Section 8), on top of statutory EU consumer withdrawal rights.
• Liability cap window shortened from 12 to 6 months of payments (or EUR 100, whichever is greater), with clearer carve-outs for intent/gross negligence and death/personal injury (Section 13).
• New dedicated Consumers (Section 16) and Business and custom use (Section 17) sections separating consumer protections from business terms.
• Governing law now names the competent court (Rechtbank Limburg, Maastricht) instead of "the courts of the Netherlands" generally, and defers to mandatory EU/Dutch law including the GDPR and EU AI Act (Section 19).

1. Who these Terms are between

These Terms of Service ("Terms") are a legally binding agreement between you ("you") and PearPie B.V. ("PearPie", "we", "us"), a private limited company incorporated in the Netherlands.

• Registered office: Douvenrader Allee 1c, 6411 RZ Heerlen, the Netherlands
• Chamber of Commerce (KvK): 42083183
• VAT (BTW): NL869629773B01
• Contact: info@pearpie.ai

These Terms govern your use of PearPie's website, applications, APIs, and AI-gateway services (the "Service"). Our Privacy Policy forms part of these Terms.

By accepting these Terms (including by the cryptographic acceptance described in Section 2), or by using the Service, you agree to be bound by them. If you do not agree, do not use the Service.

2. Acceptance by key and signature

Acceptance of these Terms is recorded cryptographically. You create or use a public/private key pair, and your acceptance is evidenced by a digital signature made with your private key over the applicable version of these Terms and the Privacy Policy. PearPie stores your public key and that signature as the record of your agreement.

You acknowledge that:

1. a valid signature verifiable against your public key constitutes your binding acceptance, with the same legal effect as a handwritten signature to the extent permitted by Regulation (EU) No 910/2014 (eIDAS) and Dutch law;
2. you are solely responsible for generating, securing, and retaining your private key: anyone able to sign with it can act as you;
3. PearPie identifies and authenticates you by your public key; and
4. for material changes to these Terms, we may ask you to re-accept by signing the new version (Section 18).

3. The Service

The Service consists of the PearPie application and the PearPie Network: our EU-based privacy layer between you and third-party AI model providers, which receives your requests, minimises and routes them to a suitable EU/EEA-located model provider, and returns the result.

The Service handles your content in two distinct ways:

• Local use. You can run open-source AI models locally on your device at no cost. These features process or store your content on your own device(s), or synchronise content and share processing directly between your trusted devices (including delegated inference, where one of your devices runs AI processing on behalf of another), without any of it passing through PearPie's servers. PearPie does not hold, access, or retain that content and cannot recover it if it is lost (Section 11).
• Premium models via the PearPie Network. When you use a premium model, your request is processed transiently, sent to a model provider, and the response is returned to you. This uses credits (Section 7). We do not store request content by default (see the Privacy Policy).

You also understand and agree that:

• We do not make the AI models. Responses are generated by AI models developed by third parties or released as open source, running on the infrastructure of EU/EEA-located providers. We do not control the underlying models.
• AI output may be wrong. Output can be inaccurate, incomplete, offensive, outdated, or unsuitable, and is not professional advice (legal, medical, financial, or otherwise). You are responsible for evaluating output before relying on it.
• Actions on your instruction. Some features carry out tasks automatically on your instruction, including by interacting with data sources or services you connect. You are responsible for the instructions you give and should keep human oversight, particularly before irreversible or high-impact actions.
• The Service may change. We may add, modify, or discontinue features, models, or providers at any time, including because a provider changes or withdraws a model.

4. Eligibility, keys, and no accounts

You must be at least 16 years old (or older where your country requires it) and have the legal capacity to enter into a contract.

No accounts. PearPie does not operate user accounts. You access the Service with your key pair, and within the Service you are identified only by your public key; the Service holds no name, email address, or payment details. Payment runs through our payment provider, which keeps its own payment records (Section 7).

You are responsible for all activity carried out with your keys. Keep your private key confidential and notify us promptly at info@pearpie.ai of any suspected compromise. Because we authenticate solely by key, we cannot distinguish you from anyone using your key, and we cannot restore access if you lose it (Section 11). The practical safeguard is to link a second device: once two of your devices are paired, your key and data sync directly between them, so losing one device is not fatal. Treat your private key like cash that lives on a device.

5. Acceptable use

You must not use the Service for, or to attempt, assist, or enable, any of the following:

1. any illegal activity, or activity that violates applicable laws, regulations, or sanctions;
2. any content or conduct that sexualises, exploits, or harms minors, including child sexual abuse material (CSAM) in any form, fictional or otherwise (we report CSAM to the competent authorities);
3. terrorism, violent extremism, incitement to violence, or facilitation of serious harm to people or animals;
4. generating, requesting, or distributing sexually explicit or pornographic content of any kind, including intimate imagery of real people;
5. harassment, stalking, doxxing, intimidation, or threats against any person;
6. promoting or facilitating suicide or self-harm;
7. developing or acquiring weapons (including chemical, biological, radiological, nuclear, or high-yield explosive weapons), creating malicious code, malware, or exploits, or compromising systems, networks, or devices without authorisation;
8. fraud, scams, phishing, spam, or impersonation;
9. infringing the intellectual-property, privacy, or other rights of others, or unlawfully processing personal data;
10. deceiving people about content's AI origin where transparency is legally required, or unlawfully manipulating elections or democratic processes;
11. using outputs for decisions with significant legal or similar impact on individuals (such as credit, employment, housing, insurance, legal, or medical decisions) without appropriate human review; or
12. circumventing, probing, or defeating the Service's safety, security, rate-limiting, or routing measures, or reverse-engineering the Service except as permitted by mandatory law.

You must also comply with the usage policies of the underlying model providers we route to. A breach of this Section is a material breach of these Terms.

6. Abuse prevention

To protect the Service, our users, our providers, and third parties, and to comply with law, PearPie may:

• screen requests routed through the PearPie Network for breaches of Section 5, abuse, fraud, and security threats, using automated means and, only where a request is flagged, human review;
• filter, block, throttle, or refuse any request, or block access to any model or feature, where we reasonably believe it breaches these Terms or the law, or poses a security or legal risk; and
• suspend or terminate your access (Section 15), and report to competent authorities where required by law or where we reasonably believe it necessary to prevent serious harm or crime.

This applies only to requests routed through the PearPie Network; content that stays on your own devices (Section 3) never reaches us and cannot be screened by us. Consistent with our Privacy Policy, we do not store request content by default; where a request is flagged and acted on, we may retain that specific request and record a violation against your public key for as long as needed to handle the matter.

Suspension and disputes. Repeated violations may lead to suspension of your access to the PearPie Network (Section 15). Suspension affects premium models only; local models on your device keep working, and your conversations remain yours. If your access is suspended, you may dispute the suspension within 30 days via info@pearpie.ai; we will review the flagged requests that led to it. If your dispute is upheld, your access is restored. If it is not upheld, your access remains suspended and any remaining credits associated with that public key are forfeited as a contractual consequence of the breach.

7. Credits, subscriptions, and payment

a. Plans. The Service is offered on a credit and/or subscription basis. Prices and included usage are shown at purchase. VAT and other taxes are added where applicable.

b. Payment. Payments are taken through our payment provider, Stripe, which collects and holds your name, email, and payment details directly under its own terms and privacy policy, as a separate controller. The Service receives only a payment reference and confirmation; we do not store your billing data in our own systems, though we can consult the payment provider's records to process refunds or resolve payment issues. You authorise the payment provider to charge your chosen payment method for amounts due.

c. Credits. Credits are consumed as you use the Service. There are two kinds:

• Purchased credits (packs and top-ups) never expire.
• Subscription credits are granted monthly with your plan and roll over: unused subscription credits carry into the next month, up to a maximum of two months' worth of your plan's monthly allowance. Subscription credits are spent before purchased credits. If your subscription ends, remaining subscription credits stay usable for one month after the end of your last paid period.

Changing or cancelling your plan never takes away credits you already have. Credits have no cash value except as provided in Section 8 and under applicable consumer law.

d. Price changes. We may change prices prospectively. Price changes never affect credits you have already purchased. For subscriptions, changes apply from your next billing cycle, with reasonable advance notice and, where required for consumers, the right to cancel before the change takes effect.

8. Refunds

a. 14-day return of unused credits. Within 14 days of a purchase, you may request a refund of the credits from that purchase that you have not yet used, to your original payment method. Credits already consumed are not refundable.

b. Consumers — statutory right of withdrawal. If you are a consumer in the EU, you have a statutory right to withdraw from a distance contract within 14 days. For digital services, you may be asked to consent to immediate performance and acknowledge that the statutory right lapses for the portion already performed; the contractual return right in 8(a) applies regardless and is at least as favourable. Nothing in these Terms limits your mandatory consumer rights (Section 16).

c. How to request. Contact payments@pearpie.ai, demonstrating control of the public key tied to the purchase (or using the email you gave the payment provider for it). Approved refunds are processed within 14 days via the payment provider.

d. No other refunds. Except as set out in this Section or required by mandatory law, payments are non-refundable.

9. Cancellation

You may cancel a subscription at any time in the app or by contacting payments@pearpie.ai.

Cancellation stops renewal: your subscription continues until the end of the current billing period, after which no further charges are made. You keep your credits: purchased credits remain yours, and remaining subscription credits stay usable for one month after the end of your last paid period (Section 7c). Cancellation does not by itself entitle you to a refund of amounts already paid (separate from Section 8).

10. Availability

We aim to keep the Service available, but it is provided "as available" and we do not promise uninterrupted or error-free operation. The Service may be interrupted or degraded by maintenance, capacity, security events, failures or changes at third-party providers, force majeure (Section 14), or other factors. We give no uptime guarantee unless we have agreed a separate written SLA with you, and we may suspend the Service where reasonably necessary to protect its security or lawful operation.

11. Your content and data

a. Your content. You retain all rights in the content you submit ("Your Content"). You grant us only the limited, temporary right to process and transmit Your Content as necessary to provide the Service, including routing it to model providers. We claim no ownership of Your Content or of outputs.

b. No training on Your Content, no permanent storage. We do not train models on Your Content, and we only work with model providers that do not train, fine-tune, or improve their models on Your Content and do not permanently store it (see the Privacy Policy).

c. Your data, your responsibility. You are responsible for the security of your own data, devices, keys, and credentials. PearPie cannot secure your computer, network, key store, or backups.

d. No data recovery. Because the Service is designed not to retain Your Content and, where applicable, relies on keys only you control, PearPie cannot recover lost data (including Your Content, outputs, or anything protected by lost keys or credentials) and has no obligation or ability to restore it. PearPie is not responsible or liable for loss of, or inability to access, data, however caused. Keep your own backups and safeguard your keys.

e. Separate data agreements. PearPie may enter into a separate written agreement with you that governs the handling, retention, backup, hosting, or recovery of specific data (for example a storage/backup service or a hosted node). Where such an agreement exists, it governs the data it covers; the default position above applies to everything else.

12. Intellectual property

The Service, including its software, design, and trademarks, is owned by PearPie or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, lease, or reverse-engineer the Service except to the extent such restriction is prohibited by mandatory law.

13. Disclaimers and liability

This Section applies subject to Section 16 (Consumers) and to mandatory law.

a. Disclaimer. To the maximum extent permitted by law, the Service and all outputs are provided "as is" and "as available", without warranties of any kind, express or implied. We do not warrant that outputs are correct, reliable, lawful, or suitable for your purposes, and we are not responsible for the acts, omissions, models, or policies of third-party providers.

b. Excluded losses. To the maximum extent permitted by law, PearPie is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, business, or data, including losses arising from AI output or reliance on it, unavailability or downtime, data loss or inability to recover data, loss or compromise of your keys, or acts or omissions of third-party providers.

c. Liability cap. To the maximum extent permitted by law, PearPie's total aggregate liability under or in connection with these Terms shall not exceed the greater of (i) the amounts you paid to PearPie for the Service in the 6 months preceding the event giving rise to the claim, or (ii) EUR 100.

d. Not excluded. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for intent or deliberate recklessness (opzet of bewuste roekeloosheid), for death or personal injury caused by negligence, or under mandatory consumer or product-liability law.

14. Force majeure

PearPie is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, government action, sanctions, strikes, failures of utilities, networks, cloud infrastructure, or third-party model providers, cyber-attacks, and outages.

15. Suspension and termination

a. By you. You may stop using the Service at any time and cancel as set out in Section 9.

b. By us. We may suspend or terminate your access, in whole or in part, with or without notice where reasonably necessary, if you breach these Terms (including Section 5), we are required to by law or a provider, there is a security, fraud, or abuse risk, or amounts are overdue.

c. Effect. On termination your licence ends and you must stop using the Service. Sections that by their nature should survive (including Sections 5, 11, 12, 13, 16, 17, 19) survive termination. Termination for cause does not entitle you to a refund; the return right in Section 8 applies on its own terms. If we terminate without cause, we refund the value of any unused credits.

16. Consumers

If you are a consumer (a natural person acting outside your trade, business, craft, or profession), the following prevails over any conflicting term:

• Nothing in these Terms limits your mandatory statutory rights, including the right of withdrawal, conformity and warranty rights, and remedies under Dutch and EU consumer law.
• The limitations in Section 13 apply to you only to the extent permitted for consumers; they do not exclude liability for failing to perform with reasonable care and skill, for death or personal injury caused by negligence, for fraud, or where exclusion is otherwise prohibited.
• You may bring proceedings in the courts of your place of residence, and you benefit from the mandatory consumer-protection rules of your country of residence.
• You may bring a complaint to any applicable national dispute-resolution body.

17. Business and custom use

If you use the Service in the course of a business, the consumer protections in Section 16 do not apply to you and the limitations in these Terms apply to the maximum extent permitted by law. Custom or enterprise services beyond the standard app and API (for example backup/storage, a hosted node, or an SLA) are governed by separate written terms, which prevail over these Terms for those services. Contact info@pearpie.ai.

18. Changes to these Terms

We may amend these Terms from time to time, for example to reflect changes to the Service, our providers, security, or the law. For non-material changes we post the updated version with a new version number. For material changes we give reasonable advance notice and, where appropriate, ask you to re-accept by signing the new version with your key (Section 2); consumers may terminate before a material change takes effect. The current version is always available at https://www.pearpie.ai/legal/terms/. Every version is permanently retrievable from the version history there, together with the SHA-256 hash of its canonical text, so the version you signed remains independently verifiable. If you do not accept a change, stop using the Service and cancel (Section 9); you keep any remaining credits.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands. Subject to Section 16, disputes are submitted to the exclusive jurisdiction of the competent court in Maastricht (Rechtbank Limburg), the Netherlands.

Where any provision of these Terms conflicts with mandatory EU or Dutch law (including the GDPR, the EU AI Act, and consumer-protection law), that mandatory law prevails, and the remaining provisions continue in full force.

20. General

• Entire agreement. These Terms, the Privacy Policy, and any separate written agreement you accept form the entire agreement between you and PearPie regarding the Service.
• Severability. If any provision is held invalid, the rest remains in effect, and the invalid provision is replaced by a valid one that best reflects its intent.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or successor without diminishing your rights.
• Notices. Because we do not hold your contact details, we give notices in-product (and by email where you have separately given us an address); you can reach us at info@pearpie.ai (legal notices: legal@pearpie.ai).
• Language. These Terms are provided in English.

21. Contact

PearPie B.V. · Douvenrader Allee 1c, 6411 RZ Heerlen, the Netherlands · info@pearpie.ai · KvK 42083183 · VAT NL869629773B01

By signing these Terms with your key, or by using the Service, you acknowledge that you have read, understood, and agree to be bound by them.