Terms of Service
1. Agreement and Nature of Service
These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Customer", "You") and ContextRail AI Software S.L. ("ContextRail AI", "We", "Us"), a software company with tax identification number (NIF) B-88514920, headquartered at Paseo de la Castellana 95, Planta 18, 28046 Madrid, Spain.
ContextRail AI operates pure cloud software infrastructure providing semantic context routing, long-term vector/graph agent memory, and token compression middleware designed for autonomous LLM agents operating via the Anthropic Claude API (including Claude Sonnet and Claude Haiku) and the Model Context Protocol (MCP).
2. SaaS Subscription Plans and Billing in USD
ContextRail AI is provided on a recurring subscription basis billed in United States Dollars (USD). By selecting a subscription tier, you authorize recurring charges to your payment method via our authorized merchant of record:
- Sandbox Plan ($0/month): Up to 10,000 routed tokens per calendar month, 1 concurrent MCP agent connection, community technical support.
- Builder Plan ($39/month): Up to 2,500,000 routed tokens per calendar month, 10 active MCP agent connections, semantic vector memory storage, prompt cache alignment, and standard email support (sub-24h response).
- Scale Plan ($149/month): Up to 15,000,000 routed tokens per calendar month, unlimited MCP agent connections, hybrid vector+knowledge graph memory, dedicated priority routing, and 99.9% uptime SLA.
- Enterprise Plan (Custom): Custom token volume, dedicated Virtual Private Cloud (VPC) tenancy, custom encryption keys (BYOK), and 99.99% uptime guarantees.
All subscription fees are non-refundable except where mandated by applicable European Union consumer protection and enterprise commercial law.
3. API Keys and Acceptable Use Policy
Customers access ContextRail AI services through secret API keys (cr_live_...) and standardized Model Context Protocol endpoints (.well-known/mcp/server-card.json). You are solely responsible for maintaining the confidentiality of credentials issued to your account.
Customers agree not to use ContextRail AI to:
- Violate Anthropic's Acceptable Use Policy or safety terms when routing prompts to Claude models.
- Perform reverse engineering, decompilation, or unauthorized benchmark publication without prior written consent.
- Attempt denial of service, token spamming, or circumventing semantic routing rate limits.
- Transmit malicious payloads, exploit agent tool invocation protocols, or tamper with MCP resource feeds.
4. Data Sovereignty and Zero Model Training Guarantee
ContextRail AI acts strictly as a data processor for the Customer under Article 28 of the General Data Protection Regulation (GDPR, EU Regulation 2016/679):
- Zero Training Policy: We never train, fine-tune, or adapt any machine learning or neural models on Customer prompts, episodic memory embeddings, or routing payloads.
- Episodic Memory Isolation: All vector embeddings and knowledge graph nodes stored via ContextRail's memory APIs are logically and cryptographically partitioned per Customer workspace.
- Ephemeral Routing: In-transit token compression is executed in volatile memory and purged immediately following downstream dispatch to the Anthropic Claude API gateway.
5. Service Level Agreement (SLA) & Uptime
For Scale and Enterprise customers, ContextRail AI guarantees a monthly service availability of 99.9% and 99.99% respectively. In the event of an SLA breach, customers are eligible for pro-rated service credits calculated against that billing cycle's base subscription fee.
6. Intellectual Property
ContextRail AI retains all rights, title, and interest in and to the platform software, proprietary semantic compression algorithms, MCP integration drivers, and documentation. Customers retain complete and exclusive ownership of all input payloads, retrieved memory objects, and proprietary knowledge graphs routed through our systems.
7. B2B Limitation of Liability & Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONTEXTRAIL AI SOFTWARE S.L., ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, DATA CORRUPTION, TOKEN RUNAWAY COSTS, DOWNTIME OF DOWNSTREAM LLM PROVIDERS (INCLUDING ANTHROPIC CLAUDE API OUTAGES), OR SYSTEM INTERRUPTIONS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CONTEXTRAIL AI SOFTWARE S.L. ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO CONTEXTRAIL AI UNDER THE APPLICABLE SUBSCRIPTION PLAN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
8. Data Processing Agreement (DPA) & Zero Data Retention Schedule
Pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR), these Terms incorporate our enterprise Data Processing Agreement (DPA):
- Role Allocation: Customer remains the sole Data Controller; ContextRail AI Software S.L. acts strictly as Data Processor.
- Zero Model Training: Neither Customer input text, memory embeddings, nor output streams shall be used for machine learning or foundation model training.
- European Union Data Residency: Persistent agent memory stores and routing gateways are deployed strictly in ISO 27001 and SOC 2 Type II certified data centers within the European Union (Madrid and Frankfurt regions).
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Spain and the European Union, without regard to conflict of law principles. Any legal dispute arising under these Terms shall be submitted to the exclusive jurisdiction of the Courts of Madrid, Spain.
10. Contact & Legal Notices
For questions or formal inquiries regarding these Terms of Service, contact our engineering and legal team at:
ContextRail AI Software S.L.
Tax ID (NIF): B-88514920
Paseo de la Castellana 95, Planta 18, 28046 Madrid, Spain
Email: legal@contextrail.cloud
Website: https://contextrail.cloud