Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services provided by Mataki Labs LLC (“Microwave,” “we,” “us,” or “our”), a Wyoming limited liability company, including the microwave.sh website, the Microwave utility-API platform, APIs, SDKs, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

• “Account” means your registered account on Microwave.
• “Workspace” means an isolated environment within your Account that contains API keys, configuration, and usage data.
• “Endpoint” means one of the utility API methods offered through the Services, such as timezone math, currency conversion, address parsing, or IP geolocation.
• “Transport” means one of the supported protocol interfaces through which Endpoints are invoked, including HTTPS, JSON-RPC, and the Model Context Protocol (MCP).
• “Request” means a single invocation of an Endpoint through any Transport, together with its associated response.
• “Token” in the context of billing means a unit of payload measurement applied to the request and response bodies of each Request, as documented on our pricing page. (Distinct from an authentication credential — see “API Key.”)
• “API Key” means the credential issued to you by Microwave that authenticates your Requests and associates usage with your Account.
• “Plan” means the subscription tier you have selected (Free, Pro, Scale, or Enterprise).

2. Account Registration

To use certain features of the Services, you must create an Account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your Account credentials and API Keys
• Notify us immediately of any unauthorized use of your Account
• Accept responsibility for all activity that occurs under your Account

You must be at least 16 years old to create an Account. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Use of the Services

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with your Plan.

3.2 Use Restrictions

You agree not to:

• Access, attempt to access, or use API Keys or account data associated with any Account other than your own, except through the documented Microwave APIs
• Circumvent or disable any security features of the Services, including authentication, access controls, or rate limiting
• Reverse engineer, decompile, or disassemble any proprietary part of the Services (except as permitted by applicable law or for open-source components licensed under the MIT License)
• Use the Services in violation of any applicable law or regulation
• Resell or redistribute access to the Services without our prior written consent
• Use the Services to store credentials or secrets unrelated to managing your own Microwave API Keys or billing
• Attempt to extract, decrypt, or exfiltrate data belonging to other customers from Microwave storage outside of the documented API surface
• Use the Services to process or transmit any data that is subject to the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) without prior authorization

3.3 API Usage

Your use of the API is subject to the rate limits and token quotas specified in your Plan. We reserve the right to throttle or suspend API access if usage patterns indicate abuse or threaten service stability. Rate limits are applied per workspace and are documented on our pricing page. We will provide reasonable notice before taking enforcement action, except in cases of imminent harm to service availability.

4. Subscriptions and Billing

4.1 Subscription Plans

The Services are offered under tiered subscription plans as described on our pricing page. Plan features, included token quotas, and pricing are subject to change with 30 days’ prior notice.

4.2 Billing

Paid Plans are billed monthly in advance, or annually in advance where an annual plan is selected. All fees are stated in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by applicable law. Refunds for prepaid annual Plans will be pro-rated for the unused portion of the annual term upon termination; monthly Plans are not eligible for pro-rated refunds.

4.3 Token-Based Usage Metering

Usage is measured in tokens, where a token is a unit of payload calculated from the request and response bodies of each Request to an Endpoint. The exact tokenization method, per-endpoint token weights, and conversion rates are documented on our pricing page. Each Plan includes a monthly allotment of tokens; unused tokens do not roll over between billing periods unless expressly stated in your Plan.

4.4 Overages

If your usage exceeds the token allotment included in your Plan, overage charges will apply on a per-token basis at the rate specified in your Plan. We will notify you when your usage approaches your Plan allotment. You may cap overages or set usage alerts through the dashboard.

5. Content Ownership

5.1 Your Data

You retain all rights to your data, including request payloads, response data, workspace configuration, and any content you submit to the Services. We do not claim ownership of any data you submit.

5.2 Request and Response Data

Microwave processes request payloads and generates response data solely for the purpose of providing the Services — specifically, executing the requested Endpoint, metering usage, and logging for operational and debugging purposes within the retention periods described in our Privacy Policy. We do not use request or response content to train models, to market to your end users, or for any purpose beyond operating the Services.

5.3 License to Microwave

You grant us a limited license to use, process, and store your data solely as necessary to provide the Services. This includes processing request payloads, generating responses, metering token usage, and maintaining operational logs.

6. Data Processing

6.1 Roles

Microwave acts as a data processor with respect to request payload data you submit through the Services. You, as the customer, are the data controller and are responsible for ensuring you have a lawful basis to submit any personal data (such as addresses, IP addresses, or other identifiers) to the Services.

6.2 Data Portability

You may export your account data, workspace configuration, and historical usage records at any time through the API or dashboard.

6.3 Data Deletion

Upon termination of your Account, we will delete your data within 90 days, except where retention is required by law or for legitimate business purposes (such as billing records).

7. Open Source Software

7.1 Open Source License

The Microwave client SDKs (Node.js, Python, Go, Ruby, Elixir, .NET, Rust) and selected reference implementations are licensed under the MIT License. Your use of these open-source components is governed by that license, not these Terms.

7.2 Hosted Features

Certain features — including the managed API platform, dashboard, endpoint catalog, usage analytics, and team management — are available exclusively through Microwave’s hosted Services and are governed by these Terms.

8. Third-Party Data Sources

8.1 Data Source Responsibility

Some Microwave Endpoints rely on third-party data sources or reference datasets (for example, timezone databases, currency exchange rate feeds, or geolocation databases). We are not responsible for the accuracy, completeness, or availability of third-party data sources, including deprecations, breaking changes, or outages in those upstream providers. We will make reasonable efforts to keep our data sources current, but we do not guarantee exact accuracy for any particular Request at any particular point in time.

8.2 Third-Party Terms

Where an Endpoint surfaces data originating from an identifiable third-party source, that data may be subject to the source’s own terms of use. You are responsible for complying with any such terms when using responses obtained through Microwave in downstream products.

9. Service Availability

9.1 Uptime

We target 99.9% uptime for the Microwave Services on paid Plans (Pro, Scale, and Enterprise). The Free Plan is provided without any uptime commitment. Planned maintenance windows will be announced at least 48 hours in advance.

9.2 Service Level Agreement

Enterprise Plan customers may negotiate a separate Service Level Agreement (SLA) with specific uptime commitments, response times, and remedies.

9.3 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. For material changes, we will provide at least 30 days’ notice. We will not be liable to you for any modification, suspension, or discontinuation of the Services.

10. Intellectual Property

10.1 Microwave IP

The Services (excluding open-source components), including the Microwave platform, dashboard, endpoint catalog, documentation, trademarks, and proprietary technology, are owned by Mataki Labs LLC and protected by intellectual property laws. Nothing in these Terms grants you rights to our trademarks or branding.

10.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an unrestricted, irrevocable, perpetual license to use that feedback for any purpose without obligation to you.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY PARTICULAR REQUEST WILL RETURN AN ACCURATE RESULT, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE AVAILABILITY, PERFORMANCE, OR ACCURACY OF ANY THIRD-PARTY DATA SOURCE UNDERLYING AN ENDPOINT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROWAVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Microwave and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your use of data or responses obtained through the Services, including any claim that your use of a downstream response violates a third-party data source’s terms of use
• Any claim by your end users related to data you submitted to the Services on their behalf

14. Termination

14.1 By You

You may terminate your Account at any time by contacting us or using the account settings. Termination takes effect at the end of your current billing period. For prepaid annual Plans, pro-rated refunds are issued per Section 4.2.

14.2 By Microwave

We may suspend or terminate your Account if:

• You violate these Terms
• Your Account is used for illegal activity
• You fail to pay fees when due after 15 days’ written notice
• We are required to do so by law

We will provide reasonable notice before termination except in cases of egregious violation or legal requirement.

14.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will make your data available for export for 30 days following termination, after which all data will be permanently deleted subject to the retention periods in our Privacy Policy and applicable law. Sections 5.1, 10, 11, 12, 13, 15, and 16 survive termination.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in the State of Wyoming. The arbitrator’s decision shall be final and binding.

15.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

15.4 Small Claims Exception

Either party may bring a claim in small claims court in the State of Wyoming if the claim qualifies.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Microwave regarding the Services and supersede all prior agreements.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Notices

We may provide notices to you via email to the address associated with your Account or by posting on the Services. Notices to Microwave should be sent to legal@microwave.sh.

Contact Us

If you have questions about these Terms, contact us at:

Mataki Labs LLC State of Wyoming (address available on request to legal@microwave.sh) Email: legal@microwave.sh