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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).