Terms of Service

These Terms of Service ("Terms") are an agreement between you and Lymit, LLC, an Arizona limited liability company ("Lymit", "we", "us"). They govern your use of the Lymit website at lymit.io, the dashboard, the Edge API at api.lymit.io, and related services (together, the "Service").

If you use the Service on behalf of a company or other organization, you are agreeing to these Terms for that organization and confirming you have authority to do so. In that case "you" means the organization.

By creating an account or using the Service you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Who can use the Service

You must be at least 18 years old and able to form a binding contract. The Service is built for developers and businesses. You may not use it if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction, including if you are on a U.S. government sanctions or denied-party list or located in a country subject to a comprehensive U.S. embargo.

2. Your account

You sign in with a third-party identity provider (currently GitHub or Google). You are responsible for keeping that account secure and for all activity that happens under your Lymit account and workspaces. Tell us promptly at hello@lymit.io if you believe your account has been compromised.

Each account starts with a workspace. The person who creates a workspace is its owner and controls its settings, API keys and billing. If you add other members, you are responsible for their use of the workspace.

3. API keys

API keys authenticate your applications to the Service. Treat them like passwords: keep them secret, store them only on your servers, and never embed them in client-side code or public repositories. We store only a one-way hash of each key and cannot recover a lost key. You can revoke and replace keys in the dashboard at any time. You are responsible for all usage made with your keys, including usage by anyone who obtained a key you did not keep secret.

4. Acceptable use

You agree not to, and not to let anyone else:

• use the Service in violation of any law or anyone else's rights;
• probe, scan or test the vulnerability of the Service, or breach its security or authentication, except through our responsible disclosure process at security@lymit.io;
• interfere with or disrupt the Service or other customers, including by sending traffic designed to exceed the published abuse ceilings or to degrade performance;
• work around quotas, plan limits or billing, including by creating multiple accounts or workspaces to multiply free-tier allowances;
• resell, sublicense or offer the Service to third parties as a standalone rate-limiting product, except as part of your own application;
• copy, reverse engineer or decompile the hosted Service, except to the extent the law allows despite this restriction;
• send us sensitive personal data the Service does not need (see section 6), or content that is unlawful, infringing or malicious;
• use the Service to build a competing product using our non-public information.

The open-source Lymit SDK is not restricted by this section; it is governed by its own licence (see section 10).

5. Plans, quotas and ceilings

The Service is offered on the plans described on our pricing page. Today:

• Hobby is free and includes 10,000 requests per UTC day. Once the daily quota is used, further requests are refused until the next UTC day.
• Pro is a paid monthly subscription that includes 1,000,000 requests per UTC month. Requests beyond that are served and billed as overage (see section 7).
• Enterprise is offered on terms agreed with us in writing, which take precedence over these Terms where they conflict.

Every plan has a per-minute burst ceiling that protects the Service from runaway traffic. Plan features, quotas, ceilings and prices may change; we will give you at least 30 days' notice of any change that reduces what your paid plan includes or increases what you pay, and the change will apply from your next billing period after the notice.

6. Your data

Customer Data means the data your applications and team send to the Service: identifiers you pass to limit() (for example a user ID or workspace ID), namespaces, costs, limit configuration, dashboard rules and notes, and the usage events the Service records from them.

• You own your Customer Data. You give us a worldwide, non-exclusive licence to host, process, transmit and display it only as needed to provide, secure and support the Service, and to produce aggregated statistics that do not identify you or your end users.

• Choose identifiers carefully. The Service only needs an opaque, stable string to count against. Use internal IDs or hashes rather than names, email addresses, phone numbers or other direct identifiers, and never send sensitive data (such as health, financial or government ID data) as an identifier, namespace or note.

• You are responsible for your end users. If identifiers you send relate to individuals, you are the controller (or business) for that data and Lymit processes it on your behalf. You are responsible for having a lawful basis to send it to us and for any notices your end users need. Our Privacy Policy explains how we handle it, including the subprocessors we use.

• Retention. Usage events are kept for your plan's analytics retention period (7 days on Hobby, 30 on Pro, 90 on Enterprise) and then deleted. Other Customer Data is kept for as long as the workspace exists.

• Data processing addendum. If you need a data processing agreement (for example under the GDPR or UK GDPR), contact hello@lymit.io.

7. Fees and billing

Subscriptions. Paid plans are billed monthly in advance through our payment processor, Stripe. By subscribing you authorize us to charge your payment method for the subscription fee each month until you cancel.

Overage. On plans that bill overage, requests beyond the included volume are charged at $30 per million requests, invoiced monthly in arrears. Workspace owners can set a monthly overage spend cap on the Billing page; once the cap is reached, further requests beyond the included volume are refused until the next month instead of being billed. If you remove the cap, overage is uncapped and you are responsible for all of it.

Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes that apply, other than taxes on our income.

Failed payments. If a payment fails, we may retry it. If it remains unpaid for 14 days after we notify you, we may downgrade the workspace to the free plan or suspend paid features until the balance is paid.

Cancellation. You can cancel at any time from the Billing page. Cancellation takes effect at the end of the current billing period; you keep paid features until then. Overage accrued before the end of the period is still due.

Refunds and credits. Fees are non-refundable, including when you stop using the Service or decide it is not right for you, and partial months are not pro-rated. If you experience a verified defect, outage or billing error in the Service, tell us at hello@lymit.io within 30 days of the charge. We will investigate and may, at our discretion, issue a full or partial refund or an account credit. Nothing in this section limits any refund right you have under law that cannot be waived.

Billing disputes. Please contact us before disputing a charge with your bank; most issues are resolved faster that way.

8. Availability and support

We work to keep the Service fast and available, but unless you have a written Enterprise agreement that includes a service level agreement, we do not guarantee any level of uptime or performance. The Service may be interrupted for maintenance, upgrades or events beyond our control.

The Lymit SDK is designed to fail open by default: if the Service cannot answer, your request is allowed through and your code is notified. You are responsible for choosing SDK settings, including fail-closed behaviour, that suit your application.

Support is provided by email at hello@lymit.io on a reasonable-efforts basis.

9. Pre-release features

We may offer features labelled alpha, beta, preview or similar. They are provided as-is, may change or be withdrawn without notice, and are excluded from any service level commitment.

10. Intellectual property and the open-source SDK

Lymit and its licensors own the Service, including its software, design and documentation, and all related intellectual property. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription in line with these Terms; they do not transfer any ownership to you.

The Lymit SDK and core algorithms published at github.com/lymit-io/sdk are licensed under the open-source licence in that repository. That licence, not these Terms, governs your use of that code. These Terms govern your use of the hosted Service it connects to.

Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you.

Your brand. We will not name you as a customer publicly without your permission.

11. Confidentiality

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be confidential. The receiving party will use it only to perform under these Terms and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party. Either party may disclose confidential information where required by law, after giving the other party notice where legally permitted.

12. Suspension and termination

By you. You may stop using the Service at any time. To have your account and workspaces deleted, email hello@lymit.io from the email address on your account.

By us. We may suspend or terminate your access, with notice where reasonably practical, if you materially breach these Terms, fail to pay, create a security or legal risk to the Service or others, or if we are required to by law. We may suspend immediately and without notice where needed to protect the Service or other customers. We may also discontinue the Service entirely with at least 30 days' notice, in which case we will refund any prepaid fees for the period after discontinuation.

Effect. When your account ends, your right to use the Service stops and we delete your Customer Data as described in our Privacy Policy. Sections that by their nature should survive (including 6, 7 for amounts owed, 10, 11, 13–16) survive termination.

13. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". LYMIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT RATE-LIMIT DECISIONS OR ANALYTICS WILL BE ACCURATE IN EVERY CASE. YOU ARE RESPONSIBLE FOR HOW YOUR APPLICATION ACTS ON THE DECISIONS THE SERVICE RETURNS.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY; AND
• EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO LYMIT FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $100.

These limits do not apply to your obligation to pay fees, to either party's indemnity obligations, or to liability that cannot be limited by law.

15. Indemnity

You will defend and indemnify Lymit, and its members, managers and contractors, against any third-party claim, and resulting losses and reasonable costs, arising from your Customer Data, your application, or your breach of these Terms or of law. We will notify you promptly of the claim, let you control its defence, and give reasonable cooperation at your expense. You may not settle a claim in a way that admits fault on our behalf without our consent.

16. Governing law and disputes

Governing law. These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before filing a claim, each party agrees to try to resolve the dispute informally. Send a written description of the dispute and the outcome you want to hello@lymit.io (or, for disputes we raise, we will write to the email address on your account). If it is not resolved within 30 days, either party may proceed as below.

Courts. Any claim arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and both parties consent to the personal jurisdiction of those courts. Either party may instead bring an individual claim in a small-claims court with jurisdiction, and either party may seek urgent injunctive relief in any competent court to protect its intellectual property or confidential information.

Your local rights. If you are a consumer, nothing in these Terms deprives you of the protection of mandatory consumer laws of the country where you live, including the right to bring proceedings in your local courts where those laws provide it.

17. Changes to these Terms

We may update these Terms. If a change is material, we will tell you at least 30 days before it takes effect by email or a notice in the dashboard. The effective date at the top of this page shows when the current version took effect. By continuing to use the Service after a change takes effect, you accept the updated Terms; if you do not agree, you may cancel before then.

18. General

• Entire agreement. These Terms, the Privacy Policy and any order form or Enterprise agreement you sign with us are the entire agreement about the Service and replace any prior agreement on the same subject.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of all or most of our assets, with notice to you.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than your obligation to pay.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it.
• Independent parties. The parties are independent contractors; these Terms create no partnership, agency or employment relationship.
• Notices. We send notices to the email address on your account. You send notices to hello@lymit.io.
• Language. These Terms are written in English, which controls over any translation.

19. Contact

Lymit, LLC · Arizona, USA · hello@lymit.io