Nous Portal multiplexes multiple upstream providers (DeepSeek, Kimi,
MiMo, Hermes) behind one endpoint. Before this fix, any 429 on any of
those models recorded a cross-session file breaker that blocked EVERY
model on Nous for the cooldown window -- even though the caller's
own RPM/RPH/TPM/TPH buckets were healthy. Users hit a DeepSeek V4 Pro
capacity error, restarted, switched to Kimi 2.6, and still got
'Nous Portal rate limit active -- resets in 46m 53s'.
Nous already emits the full x-ratelimit-* header suite on every
response (captured by rate_limit_tracker into agent._rate_limit_state).
We now gate the breaker on that data: trip it only when either the
429's own headers or the last-known-good state show a bucket with
remaining == 0 AND a reset window >= 60s. Upstream-capacity 429s
(healthy buckets everywhere, but upstream out of capacity) fall
through to normal retry/fallback and the breaker is never written.
Note: the in-memory 'restart TUI/gateway to clear' workaround
circulated in Discord does NOT work -- the breaker is file-backed at
~/.hermes/rate_limits/nous.json. The workaround for users still
affected by a bad state file is to delete it.
Reported in Discord by CrazyDok1 and KYSIV (Apr 2026).
192e7eb21f