Terms of Service

Kerq ("we," "us," or "our") operates an automated trust scoring and verification platform for AI tools and Model Context Protocol (MCP) servers (the "Service"). Kerq collects publicly observable performance data — including uptime, response latency, error rates, and availability — from third-party AI tools and MCP servers, and generates algorithmic trust scores based on this data.

Scores are generated algorithmically and entirely automatically. They do not represent guarantees, warranties, endorsements, or certifications of safety, security, fitness for a particular purpose, or reliability. A high Kerq score reflects observed performance data at a point in time and nothing more.

The Service also provides an API through which developers and AI agents may programmatically query trust scores and tool metadata, as well as an optional Certification program for tool providers who wish to undergo extended automated monitoring.

Kerq does not operate, develop, maintain, or control any of the tools or services listed on the platform. All tool listings are either auto-generated from public registries or submitted by tool providers. Kerq makes no representations regarding the functionality, legality, accuracy, or safety of any listed tool.

By accessing or using the Service in any capacity — including browsing the website, registering for an account, submitting a tool, requesting API access, or integrating the Kerq API into your own products or services — you represent that:

• You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
• You have the legal authority to enter into a binding agreement on behalf of yourself or the organization you represent;
• You have read, understood, and agree to be bound by these Terms in their entirety;
• Your use of the Service complies with all applicable laws and regulations.

If you are using the Service on behalf of an organization or business entity, you represent that you have the authority to bind that entity to these Terms.

Without limiting the foregoing, Kerq makes no warranties or representations that:

• Trust scores, certifications, or any other data provided by the Service are accurate, current, or complete;
• Any tool listed on the Service is safe, secure, functional, legal, or fit for any particular purpose;
• The Service will be available at any particular time or that access will be uninterrupted;
• Any defects or errors in the Service will be corrected;
• The Service is free of viruses, malware, or other harmful components;
• Scores will remain stable — scores may change at any time without prior notice as new performance data is collected.

You acknowledge that trust scores are the output of automated algorithms applied to observed data, and that such algorithms may contain errors, biases, or gaps. You assume all risk associated with your reliance on any information provided through the Service.

• Your access to or use of (or inability to access or use) the Service;
• Your reliance on any trust score, certification status, or other information provided through the Service;
• Any decision made based on data obtained from or through Kerq;
• Any tool failure, data loss, security breach, or operational failure of any tool listed on the platform;
• Any unauthorized access to or alteration of your transmissions or data;
• Any conduct or content of any third party on or accessed through the Service;
• Any errors, omissions, or inaccuracies in the Service;
• Any interruption, suspension, or termination of the Service.

In no event shall Kerq's total cumulative liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of (i) the amounts paid by you to Kerq in the twelve (12) months immediately preceding the claim, or (ii) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, Kerq's liability shall be limited to the greatest extent permitted by applicable law.

Access to the Kerq API requires registration and issuance of a valid API key. By using the API, you agree to the following:

• API keys are non-transferable. You may not share, sell, lease, or transfer your API key to any third party. Each key is issued to a single registered user or organization.
• Rate limits apply. Your API usage is subject to the rate limits associated with your plan tier. Exceeding rate limits may result in automatic throttling, temporary suspension of your API key, or termination of your access, at Kerq's sole discretion.
• Prohibited uses. You may not use the API to: scrape or harvest data in bulk beyond your plan's permitted limits; build a competing trust scoring or verification service that primarily relies on Kerq data; attempt to reverse-engineer Kerq's scoring algorithms; or interfere with the Service's infrastructure, security, or availability.
• Key security. You are solely responsible for maintaining the confidentiality and security of your API key. Kerq is not liable for any unauthorized use of your API key. You must notify Kerq immediately if you believe your key has been compromised.
• Attribution. If you publicly display or republish Kerq data, you must clearly attribute it to Kerq and indicate that scores are subject to change.
• No uptime guarantee. The API is provided on a best-effort basis. Kerq makes no uptime guarantee and is not liable for any losses resulting from API unavailability.

Kerq reserves the right to modify, restrict, or revoke API access at any time and for any reason, with or without notice, including for abuse, excessive usage, or violation of these Terms.

Kerq currently offers the following access tiers:

• Free Tier: Includes up to 10,000 API calls per calendar month at no charge. Rate limits apply. Free tier access may be modified, restricted, or discontinued at any time with reasonable notice.
• High-Volume Access ($499/month): Includes unlimited API calls per month, subject to fair use and Kerq's reasonable discretion. Subscribers agree to pay the applicable fees on a monthly basis.

Kerq reserves the right to modify pricing, plan features, and rate limits at any time. Changes to paid plans will be communicated with at least 30 days' notice via the email address associated with your account. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

If your account is suspended or terminated due to a violation of these Terms, you forfeit any remaining balance or credits without right of refund.

Kerq offers an optional annual Certification program for tool providers. By purchasing Certification, you agree to the following terms in addition to these general Terms of Service:

• Certification does not influence scores. Payment of the Certification fee does not, in any way, alter, improve, boost, or otherwise affect the trust score, API ranking, or listing visibility of any tool. Scores are generated solely by automated algorithms applied to observed performance data.
• Certification is earned, not purchased. The Kerq Certified badge is awarded only upon successful completion of a 30-day automated monitoring period during which the tool meets Kerq's published performance thresholds. Payment of the fee initiates monitoring eligibility; it does not guarantee certification.
• Revocation. Kerq reserves the right to revoke Certification status at any time and without notice if a certified tool's performance falls below the required thresholds, if the tool becomes unavailable, or if Kerq determines in its sole discretion that continued certification is inappropriate. No refund will be issued upon revocation.
• No refunds. Certification fees are strictly non-refundable, regardless of whether certification is awarded, maintained, or revoked. By purchasing Certification, you acknowledge and accept this no-refund policy.
• Non-renewal. If a Certification subscription is not renewed, the Certified badge will be removed from the tool's listing and all public tracking history associated with the certification period may be removed or archived, at Kerq's sole discretion.
• Badge usage. Use of the Kerq Certified badge is licensed solely for display on the tool provider's own website and marketing materials, solely while Certification is active. This license is non-exclusive, non-transferable, and revocable. Misuse of the badge after revocation or expiry may result in legal action.
• Certification as informational only. Certification indicates that a tool met Kerq's automated performance criteria over a monitored period. It does not constitute an endorsement, guarantee of future performance, or warranty of any kind regarding the tool's security, legality, or fitness for use.

Kerq's scoring and ranking system is entirely algorithmic and independent of commercial arrangements. Specifically:

• There are no sponsored listings, paid placements, or paid rank boosts of any kind.
• Payment of any fee — including Certification fees, API subscription fees, or any other charge — does not improve a tool's trust score, search ranking, or visibility within the Service.
• All tools listed on the platform are scored using identical criteria and methodology, regardless of whether they have paid for Certification or any other paid feature.
• Kerq does not accept payment in exchange for favorable editorial treatment, reviews, or scores.

Kerq reserves the right to feature, highlight, or curate tools editorially for informational or promotional purposes (e.g., "recently certified" or "trending tools"), but such features are based on objective, non-commercial criteria and do not constitute paid placement.

Data Kerq collects:

• Tool performance data: Kerq continuously collects publicly observable performance metrics from listed tools, including uptime, latency, error rates, and availability. This data is the primary input for trust scores and is inherently public in nature.
• Account information: If you register for an account, Kerq collects the email address and any other information you provide. This information is used to manage your account, communicate with you, and deliver paid services.
• Usage data: Kerq collects standard server logs and API usage metadata, including IP addresses, request timestamps, and API call volumes. This data is used to enforce rate limits, detect abuse, and improve the Service.

Data Kerq does not do:

• Kerq does not sell, rent, or trade personal data to third parties for marketing purposes.
• Kerq does not use personal account data to influence tool scores.

Tool performance data is public. Scores, uptime history, latency metrics, and certification status for listed tools are publicly accessible through the Service and API. If you submit a tool to Kerq, you consent to Kerq collecting, displaying, and distributing performance data about that tool.

Kerq's full Privacy Policy governs the collection and use of personal data and is incorporated by reference into these Terms. In the event of any conflict between these Terms and the Privacy Policy with respect to personal data, the Privacy Policy governs.

The Service, including but not limited to the website, API, scoring algorithms, methodologies, datasets, software, visual design, logos, and trademarks, is owned by Kerq and protected by copyright, trademark, trade secret, and other applicable intellectual property laws.

• Proprietary methodology. Kerq's trust scoring methodology, weighting formulas, data collection techniques, and algorithmic models are proprietary and constitute trade secrets. Unauthorized reproduction, reverse engineering, decompilation, or disclosure of Kerq's scoring methodology is strictly prohibited.
• Limited license. Subject to your compliance with these Terms, Kerq grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose and in accordance with these Terms.
• Restrictions. You may not: copy, modify, or create derivative works of the Service; use the Service to train, fine-tune, or benchmark machine learning models intended to replicate Kerq's scoring methodology; reproduce or republish Kerq's data, scores, or content without attribution and in violation of these Terms; or remove or alter any proprietary notices or labels on the Service.
• Feedback. If you submit feedback, suggestions, or ideas about the Service, you grant Kerq a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without obligation of compensation or attribution to you.

The Service provides information about, and links to, third-party AI tools and MCP servers that are not owned, operated, or controlled by Kerq. Kerq expressly disclaims all responsibility and liability for third-party tools, including without limitation:

• Any failure, malfunction, security vulnerability, data breach, or harmful output of any listed tool;
• The accuracy, completeness, legality, or safety of any tool's functionality;
• Any financial, operational, or consequential harm arising from your use of any tool discovered through Kerq;
• Any changes to a tool's functionality, pricing, availability, or terms of service after the date of Kerq's last score update.

Your use of any tool listed on Kerq is entirely at your own risk. Kerq does not endorse any tool listed on the platform. A Kerq trust score — even a high score — is not a recommendation to use any particular tool. You are solely responsible for conducting your own due diligence before deploying any third-party tool in any environment.

Kerq may contain links to third-party websites, services, or resources. These links are provided for convenience only. Kerq has no control over such third-party content and is not responsible for its accuracy or availability.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Kerq and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service;
• Your violation of these Terms or any applicable law or regulation;
• Your use of any tool, service, or product discovered, evaluated, or accessed through Kerq;
• Any decision made by you or your organization based on data or information obtained from Kerq;
• Any infringement by you of the intellectual property rights or other rights of any third party;
• Any content, data, or materials you submit to or through the Service.

Kerq reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Kerq in asserting any available defense.

Kerq reserves the right to update, modify, or replace these Terms at any time at its sole discretion. When material changes are made, Kerq will provide notice by updating the "Last updated" date at the top of this page and, where feasible, by sending an email notification to registered users.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of the Service.

It is your responsibility to review these Terms periodically. Kerq is not obligated to provide individual notice of changes beyond updating this page, except as required by applicable law.

Kerq may, at its sole discretion and without prior notice or liability, suspend, restrict, or permanently terminate your access to the Service for any reason, including but not limited to:

• Violation of these Terms;
• Abusive, fraudulent, or illegal conduct;
• Excessive or unauthorized API usage;
• Failure to pay applicable fees;
• Actions that Kerq believes may harm the Service, its users, or third parties.

Additionally, Kerq reserves the right to discontinue, suspend, or significantly modify the Service — in whole or in part — at any time, for any reason, with or without notice. Kerq will endeavor to provide reasonable notice of permanent discontinuation but is not obligated to do so.

Upon termination: your right to access the Service immediately ceases; Kerq may delete your account data in accordance with its data retention policies; and all provisions of these Terms that by their nature should survive termination shall survive, including Sections 3 (No Warranties), 4 (Limitation of Liability), 10 (Intellectual Property), 12 (Indemnification), and 15 (Governing Law).

Termination of your account does not entitle you to any refund of fees paid, except as expressly required by applicable law.

Governing Law. These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution. Before initiating any formal legal proceeding, you agree to first contact Kerq at info@kerq.dev and attempt to resolve the dispute informally for a period of at least 30 days. Kerq will likewise attempt in good faith to resolve any dispute informally.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, in the English language, and the arbitrator's award shall be final and binding.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial and to participate in a class action.

Exceptions. Nothing in this section prevents Kerq from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or prevent unauthorized use of the Service.

Entire Agreement. These Terms, together with Kerq's Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Kerq with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver. Kerq's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Kerq.

Assignment. You may not assign or transfer your rights or obligations under these Terms without Kerq's prior written consent. Kerq may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Force Majeure. Kerq shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, government actions, or internet infrastructure failures.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights. No person or entity other than you and Kerq shall have any right to enforce any provision of these Terms.

Notices. Any notices or communications required under these Terms may be provided by email. Notices to Kerq should be sent to info@kerq.dev. Notices from Kerq will be sent to the email address associated with your account.

Contact. If you have any questions about these Terms, please contact us at info@kerq.dev.