Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Spirit River Inc, a Delaware corporation (“Spirit River,” “we,” “us,” or “our”), governing your access to and use of the OpenEphemeris application programming interface (“API”), the OpenEphemeris website located at openephemeris.com (“Website”), the customer dashboard, the API testing laboratory, and all related documentation (collectively, the “Service”).

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case “you” and “your” refer to that entity.

2.1 Description

OpenEphemeris is a REST API that performs astronomical and astrological computations, including but not limited to: planetary positions, natal/birth chart generation, eclipse predictions, tidal data, and related ephemeris outputs. The Service is intended for use by software developers and businesses (“Developers”) who integrate the API into their own applications and products.

2.2 API Access and Keys

Upon registration and selection of a subscription plan, Spirit River will issue you an API key (“API Key”). Your API Key is personal to your account and must be kept confidential. You are responsible for all activity occurring under your API Key.

You must not:

• Share your API Key with third parties except as reasonably necessary to operate your own integrated product
• Embed your API Key in publicly accessible source code, client-side applications, or public repositories without appropriate security measures
• Allow any unauthorized person to access the Service using your credentials

Spirit River reserves the right to revoke or rotate your API Key at any time if Spirit River reasonably believes it has been compromised or misused.

The Service also supports authentication via the OAuth Device Authorization Grant (RFC 8628) through the @openephemeris/mcp-server package and companion tools. Device authorization tokens are functionally equivalent to API Keys for purposes of these Terms. You are responsible for securing any cached credentials (including tokens stored at ~/.openephemeris/credentials.json or equivalent) on your local system. All obligations and restrictions that apply to API Keys apply equally to device authorization tokens.

2.3 Service Modifications

Spirit River may modify, update, or discontinue features of the Service at any time. For changes that materially reduce the functionality of the Service, Spirit River will provide at least thirty (30) days' prior notice by email and through the customer dashboard. This notice requirement does not apply to temporary service interruptions, security patches, or changes required by law.

Spirit River may provide downloadable educational content, including but not limited to AI interpretation guides, prompt templates, and skill packs (collectively, “Skills”). Skills are provided free of charge under the Creative Commons Attribution 4.0 International License (CC BY 4.0), unless otherwise noted. You may copy, share, and adapt Skills provided that you give appropriate credit to Spirit River Inc / OpenEphemeris. Skills are documentation for the Service and are provided “as is” without warranty. Use of the Service through Skills remains subject to all other provisions of these Terms, including the Acceptable Use Policy.

To access the Service, you must register for an account by providing a valid email address and creating credentials through our authentication provider. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify Spirit River immediately at support@openephemeris.com of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You must be at least eighteen (18) years of age to create an account and use the Service. The Service is not directed to, and may not be used by, individuals under the age of eighteen (18).

4.1 Tiers

The Service is offered under the subscription tiers published on the OpenEphemeris pricing page. The current tiers at the time of this document are:

Overage rates shown are the committed future pricing; overage billing is not yet available (see §4.2).

“API Units” are defined as individual API requests that return a computation response with an HTTP 2xx status code. Requests that fail due to authentication errors, malformed input, rate limiting, or server errors are not counted toward your plan allocation.

4.2 Overages

Overage billing is not yet available. The per-tier overage rates listed above reflect the committed pricing that will apply once overage invoicing launches; until then, overage cannot be enabled or billed. Requests exceeding your plan's monthly allocation are rejected with an HTTP 429 response until the next billing cycle begins.

The Explorer (free) tier is subject to a hard cap of 150 units per calendar month and 50 units per calendar day. No overage billing option is available on this tier.

4.3 Fair Use

Even within your plan limits, you must not use the Service in a manner that imposes an unreasonable burden on Spirit River's infrastructure or that degrades the Service for other customers.

5.1 Fees and Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis via Stripe. By subscribing to a paid plan, you authorize Spirit River (through Stripe) to charge your designated payment method on each applicable billing date. All fees are stated and payable in United States Dollars (USD).

5.2 Price Changes

Spirit River will provide at least thirty (30) days' advance written notice of any increase to subscription pricing. Notice will be delivered by email and by a prominent notification in the customer dashboard.

5.3 Refunds

• Monthly subscriptions: All fees are non-refundable. Upon cancellation, you will retain access through the end of your current billing period.
• Annual subscriptions: If you cancel within the first thirty (30) days of its initial term, Spirit River will provide a pro-rated refund for the unused portion, less any API usage charges incurred. After the initial thirty (30) days, annual subscriptions are non-refundable.
• Explorer (free) tier: No payments are collected and therefore no refunds apply.

5.4 Failed Payments and Account Status

• Past Due: API access continues. Stripe will retry the payment.
• Unpaid: If payment remains outstanding for more than fourteen (14) days, API access may be suspended.
• Downgrade: After thirty (30) days in unpaid status, your account will be automatically downgraded to the Explorer (free) tier.

5.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, withholding, or other taxes imposed by any taxing authority, excluding taxes based solely on Spirit River's net income.

6.1 Data We Collect

Spirit River collects limited account and operational data necessary to provide the Service. Full details are set forth in our Privacy Policy.

6.2 Computation Inputs — Not Stored

Any future material change to this commitment will require at least ninety (90) days' advance notice to all customers.

6.3 Customer Data Responsibility

If you transmit personal data of third parties to the API, you represent and warrant that you have obtained all necessary consents and authorizations. You are solely responsible for your own compliance with applicable privacy laws.

You agree to use the Service only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy, which is incorporated herein by reference. Without limiting the AUP, you agree not to:

• Use the Service to compute, facilitate, or assist any activity that violates applicable law
• Attempt to probe, scan, or test the vulnerability of the Service, or to circumvent any security or authentication measures
• Reverse-engineer, decompile, or derive source code from the Service, except to the extent prohibited by applicable mandatory law
• Systematically extract data or outputs to build a competing computation service
• Resell, redistribute, or sublicense API access without Spirit River's prior written consent
• Use the Service in any application that provides medical, legal, financial, or psychological advice without appropriate disclaimers as described in the AUP

8.1 Spirit River IP

The Service is the exclusive property of Spirit River Inc and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any ownership interest in the Service.

The @openephemeris/mcp-server package published on npm is licensed under the MIT License. That license governs use of the MCP server client package only and does not grant any additional rights to the Service. Use of the @openephemeris/mcp-server package to access the API constitutes use of the Service and is governed by these Terms.

8.2 License to Use the Service

Subject to your compliance with these Terms and payment of all applicable fees, Spirit River grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the API solely to build, operate, and maintain your own applications and products during the term of your subscription.

8.3 Output Ownership

As between Spirit River and you, you own the computation outputs returned by the API. Spirit River does not claim any intellectual property rights in the mathematical outputs generated on your behalf. The underlying NASA/JPL ephemeris data (DE440) is in the public domain.

8.4 Feedback

If you voluntarily submit suggestions, ideas, or feedback to Spirit River, you grant Spirit River a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and exploit such Feedback for any purpose.

9.1 Disclaimer of Warranties

9.2 Astrology and Informational Disclaimer

9.3 Service Availability

Spirit River will use commercially reasonable efforts to maintain the availability of the Service but does not guarantee any specific uptime percentage.

9.4 Limitation of Liability

9.5 Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond the affected party's reasonable control, including acts of God, natural disasters, cyberattacks, acts of government, war, internet or telecommunications infrastructure failures, or failures of third-party service providers.

You agree to defend, indemnify, and hold harmless Spirit River, its officers, directors, employees, agents, and affiliates from and against any and all claims arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms, the Privacy Policy, or the AUP; (c) your violation of any applicable law; (d) any application or product you develop using the Service; or (e) your infringement of any third party's rights.

11.1 Term

These Terms are effective as of the date you first access or use the Service and remain in effect until terminated by either party in accordance with this Section 11.

11.2 Termination by You

You may cancel your subscription at any time through the Stripe Customer Portal or by contacting support@openephemeris.com. Cancellation takes effect at the end of the current billing period.

11.3 Termination by Spirit River

• Immediate suspension without prior notice for material breach, security risk, or legal obligation.
• With thirty (30) days' notice to any paying customer in good standing, for any reason. A pro-rated refund will be provided for prepaid, unused portions.
• Immediately for free (Explorer) accounts inactive for 180+ days or suspected of abuse.

11.4 Effect of Termination

Upon termination: (a) your license immediately terminates; (b) all outstanding payment obligations become due; (c) Spirit River will delete or anonymize your personal data per the Privacy Policy. Sections 5, 6, 8.1, 8.3, 8.4, 9, 10, 12, and 13 survive termination.

12.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

12.2 Dispute Resolution — Binding Arbitration

Disputes shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, or by videoconference. Either party may seek injunctive relief in any court to protect intellectual property rights.

12.3 Class Action Waiver

12.4 Small Claims Exception

Notwithstanding the arbitration provisions in Section 12.2, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

12.5 European Union Customers

If you are a consumer located in the European Union, nothing in this Section 12 shall deprive you of the protection afforded by mandatory consumer protection provisions of your Member State.