Terms of Service

Effective date: July 29, 2026 Last updated: August 8, 2026

Welcome to Modelflare. Modelflare is an AI API gateway and model access service operated by Havenbyte LLC.

These Terms of Service ("Terms") are an agreement between Havenbyte LLC ("Havenbyte", "Modelflare", "we", "us", or "our") and the individual, organization, company, or other entity that accesses or uses the Modelflare services ("Customer", "you", or "your"). If you use the services on behalf of an organization, company, or other entity, you represent that you have authority to bind that entity to these Terms. By creating an account, creating an API key, adding funds, calling an API, or otherwise using the services, you agree to these Terms.

These Terms are written in English. If we provide a translation, the translation is for convenience only, and the English version controls to the extent of any conflict.

1. Services

Modelflare provides an AI API gateway, model access, usage-based billing, account management, documentation, dashboards, logs, network tests, payment flows, and related operational tools (collectively, the "Services"). Customer may use the Services to support its own products, agents, tools, workflows, employees, contractors, customers, or end users (collectively, "Users").

The Services may connect to or relay requests to third-party model providers, cloud platforms, model marketplaces, APIs, compatible interfaces, payment providers, identity providers, network services, or other third-party products ("Third-Party Services"). Third-Party Services are not controlled by Havenbyte. They may be subject to their own terms, policies, regional restrictions, pricing, documentation, rate limits, safety rules, and availability. Changes, suspensions, terminations, model removals, output filtering, price changes, network issues, or unavailability of Third-Party Services may affect Customer's use of the Services.

We may update, modify, suspend, replace, or discontinue parts of the Services, including models, interfaces, groups, prices, payment methods, or documentation. We will provide notice where reasonably practicable, but changes caused by Third-Party Services, emergency security events, legal compliance requirements, or events outside our control may occur without advance notice.

Beta and Preview Features

We may offer features, models, endpoints, routes, tools, integrations, or other capabilities that are labeled or otherwise made available as beta, preview, experimental, early access, trial, or similar pre-release services ("Beta Features"). Beta Features are provided for evaluation and testing, may change or be discontinued at any time, and may not be suitable for production use.

Beta Features are provided "as is" and "as available" without warranties, service-level commitments, indemnities, or support obligations beyond those required by applicable law. Customer is responsible for deciding whether Beta Features are appropriate for its use case and for avoiding reliance on Beta Features in production, safety-critical, high-risk, or regulated workflows unless we separately agree in writing.

2. Accounts, API Keys, and Security

Customer is responsible for all activity under its account, API keys, organizations, projects, tokens, login credentials, and related credentials. Customer must use reasonable measures to protect credentials and must not publish, share, sell, rent, transfer, or otherwise disclose API keys in an unsafe manner.

If Customer believes that an account or credential has been compromised, or detects abnormal usage, denial-of-service activity, malicious calls, or other events that may affect the security of the Services, Customer must promptly notify us through in-dashboard support tickets, email at support@modelflare.dev, or other support channels published on our website.

We may apply limits to accounts, API keys, groups, models, service routes, request rates, concurrency, request size, regions, payment ability, or other Service capabilities for security, fraud prevention, abuse detection, billing protection, Third-Party Service limits, or compliance.

3. Customer Content

"Input" means prompts, messages, files, code, context, tool-call parameters, images, audio, video, metadata, or other content submitted to the Services by Customer or its Users. "Output" means content generated or returned by the Services, models, or Third-Party Services in response to Input. Input and Output are collectively "Customer Content".

As between Customer and Havenbyte, and to the extent permitted by applicable law, Customer retains all rights in its Input and owns any rights, title, and interest in its Output, if any. AI Output may not be unique, and other customers or third parties may receive the same or similar Output. These Terms do not grant Customer exclusive rights to the same or similar Output.

Customer is responsible for ensuring that it has all rights, permissions, and lawful bases required to submit Input to the Services. Customer is also responsible for evaluating whether Output is suitable for its use before using, publishing, sharing, or relying on it, including by conducting human review, fact checking, safety review, legal review, or professional judgment where appropriate.

4. Data Processing and Logs

Havenbyte does not use Customer Content to train, fine-tune, distill, benchmark, or improve AI or machine-learning models developed or operated by Havenbyte, and does not separately provide Customer Content to another party for model development. This commitment does not alter the selected model provider's applicable terms, which may vary by provider, product, account type, and region.

To provide the Services, we process and may transmit Customer Content and request data to relevant Third-Party Services. Third-Party Services may process that data under their own terms, policies, and data processing rules.

We retain usage, billing, and operational metadata such as account, API key, model, group, routing and service diagnostic information, request ID, service-provider request ID, token counts, fees, status code, timing, timestamp, network route, error information, payment status, and similar information for billing, accounting, operations, troubleshooting, security, abuse detection, compliance, and customer support.

In the ordinary API relay path, we process Customer Content transiently and do not store API request or response bodies as long-term business records in the application database. This does not apply to operational metadata, Customer-authorized diagnostics, Customer-initiated persistent features such as Image Workbench, support tickets and attachments, or provider-side processing under the selected provider's terms. Short-lived request-debug records contain metadata and parameter summaries, not complete bodies, and are designed to expire after 72 hours. Request Archive is a separate body-diagnostic feature that is disabled by default; if specifically enabled, it may store scoped original and service provider request bodies on protected local storage, with a current default expiry of 168 hours. These exceptions are subject to the controls and retention rules described in the Privacy Policy, applicable order form, or DPA.

Customer should not submit sensitive personal information, specially regulated data, payment card data, medical records, government identification documents, authentication credentials, trade secrets, or other highly sensitive data unless Customer has confirmed that its use case, compliance obligations, and applicable Third-Party Service terms permit such processing.

5. Use Restrictions

Customer and its Users must not:

1. Use the Services in violation of applicable law, sanctions, export controls, privacy, intellectual property, consumer protection, anti-spam, anti-money laundering, or other regulatory requirements.
2. Use the Services to generate, distribute, or assist unlawful, harmful, fraudulent, malicious, infringing, harassing, hateful, sexually exploitative, child-harmful, violent extremist, malware, credential theft, spam, market manipulation, or other activity that we reasonably determine to be improper.
3. Access, scrape, copy, reverse engineer, bypass rate limits, bypass security protections, interfere with the Services, attack infrastructure, or attempt to obtain another customer's data without authorization.
4. Use the Services, Input, Output, response patterns, error information, latency characteristics, or model behavior to train, fine-tune, distill, copy, reconstruct, improve, or externally offer a competing AI model, model-routing service, or API gateway unless we expressly approve it in writing.
5. Use the Services in a way that violates Third-Party Service terms, supported-region policies, model policies, payment provider rules, or documentation restrictions.
6. Resell, rent, share, package, or publicly provide access to the Services unless we expressly approve it in writing or have authorized Customer's use case.

If Customer embeds the Services into its own products, agents, bots, clients, plugins, platforms, or other user-facing services, Customer is responsible for providing appropriate disclosures to Users and for ensuring that its Users, downstream customers, employees, contractors, agents, and integration partners comply with these Terms.

6. Supported Regions, Sanctions, and Export Controls

The Services are provided only in countries and regions that we support. Supported regions may be updated from time to time and are described on our Supported Countries and Regions page.

Customer must not provide access to the Services to individuals, entities, regions, or countries that are sanctioned, embargoed, or restricted under laws of the United States, United Nations, European Union, United Kingdom, or other applicable authorities. Customer must not use the Services for prohibited end uses, including military embargoed uses, restricted weapons, sanctions evasion, cyberattacks, unlawful surveillance, or other uses prohibited by applicable law.

We may refuse, restrict, suspend, or terminate access for specific regions, entities, accounts, API keys, requests, service routes, or Services based on law, Third-Party Service policies, payment provider requirements, risk controls, cybersecurity, or operational risk.

7. Fees, Credits, and Payments

Customer is responsible for all fees incurred by its account. The Services are billed according to the model pricing page, group multipliers, dynamic billing rules, payment page, or other written agreement between the parties.

Customer may be required to purchase credits through Stripe or other payment methods we support. Credits may be used only to purchase or offset Modelflare Services. They are not bank deposits, electronic money, securities, savings accounts, or any financial product that earns interest. Except as required by these Terms or applicable law, credits are not transferable, redeemable for cash, or resalable.

We may update prices, groups, discounts, dynamic billing rules, payment methods, or minimum top-up amounts. Unless a faster change is needed due to Third-Party Service price changes, abuse, security, legal compliance, or obvious errors, we will use reasonable efforts to provide notice before or after a price change.

Payment providers, banks, card networks, wallets, exchange rates, fees, taxes, chargebacks, disputes, refunds, and risk reviews may be governed by third-party payment provider rules. Customer is responsible for taxes, duties, withholding, bank fees, payment provider fees, or other government charges arising from purchases, use, or payments, unless an invoice or applicable law provides otherwise.

Enterprise or customized Services may be offered under a written quote, order form, invoice, master services agreement, or other written agreement accepted by both parties. That agreement may define pricing, quota, grant and reset schedules, payment timing, taxes, renewal, cancellation, support, service levels, and other commercial terms. If it conflicts with these Terms for the customized Services, the mutually accepted written agreement controls to the extent of the conflict.

8. Refunds

Our Top-up and Refund Policy is incorporated into these Terms and governs top-up refunds and the refund treatment of subscription purchases, renewals, and upgrades. By confirming a top-up payment or a subscription purchase, renewal, or upgrade, Customer agrees to that policy. For a transaction-specific refund matter, the Top-up and Refund Policy controls to the extent it is more specific than this section.

Except where applicable law requires otherwise or a separate written enterprise agreement expressly provides otherwise, subscription purchases, renewals, and upgrades are final and non-refundable. Canceling automatic renewal prevents future renewal charges only and does not cancel, refund, or prorate the current subscription period. Unused subscription quota is not refundable or convertible to cash or account credits.

Subscription downgrades are not immediate. When offered, a downgrade applies at the next renewal after the current paid period ends. Canceling renewal also takes effect at the end of the current paid period, and no further renewal charge is made.

Except as required by applicable law, consumed Services, promotional or non-purchased credits, refund processing fees, and third-party amounts that cannot be returned are non-refundable. If a payment provider confirms a refund through another channel or before we can deduct the required credits and fee, we may reconcile the account under the Top-up and Refund Policy. Account credits may become negative, and we may suspend the account and its API keys until the resulting refund debt is resolved.

9. Suspension and Termination

Customer may stop using the Services at any time. Account closure, API key deletion, or termination of the Services does not relieve Customer of payment obligations incurred before termination.

We may suspend, restrict, or terminate Customer's access to all or part of the Services if we reasonably believe that:

1. Customer or its Users violated these Terms, applicable law, Third-Party Service terms, supported-region policies, or security requirements.
2. Customer's account, API key, payment method, or requests present security, fraud, abuse, chargeback, abnormal usage, sanctions, export-control, or compliance risk.
3. Continuing to provide the Services may affect the platform, Third-Party Services, other customers, the public, or our legitimate interests.
4. A Third-Party Service, payment provider, cloud platform, network service, or supplier suspends, restricts, terminates, or changes capabilities we rely on to provide the Services.
5. Applicable law, court order, regulatory requirement, or government request requires us to act.

To comply with law, policies, Third-Party Service terms, or security requirements, we may also limit, refuse, block, filter, modify, or interrupt Inputs, Outputs, accounts, API keys, service routes, or related requests that violate these Terms.

10. Confidentiality

Either party may disclose information to the other party that is identified as confidential or that should reasonably be understood as confidential based on the nature and context of disclosure ("Confidential Information"). Customer Content is Customer's Confidential Information.

The receiving party may use Confidential Information only to perform these Terms, provide or use the Services, obtain support, troubleshoot, comply with legal requirements, or protect legitimate interests. The receiving party must protect Confidential Information using at least reasonable care and may disclose it only to employees, contractors, advisors, agents, or service providers who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that becomes public without breach by the receiving party, is lawfully received from a third party without confidentiality obligations, is independently developed without using Confidential Information, or must be disclosed by law, court order, or regulatory requirement.

11. Intellectual Property and Feedback

Except as expressly provided in these Terms, neither party receives rights to the other party's trademarks, brands, code, models, documentation, content, patents, copyrights, trade secrets, or other intellectual property.

If Customer provides suggestions, feedback, bug reports, feature requests, or improvement ideas, Customer grants us a non-exclusive, worldwide, royalty-free, sublicensable, transferable right to use, copy, modify, develop, and commercialize that feedback without payment or obligation to Customer.

We will not use Customer's name, trademarks, or logo in public marketing, case studies, or co-marketing without Customer's prior consent.

12. Disclaimers

The Services, Third-Party Services, and Output are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all express, implied, statutory, and other warranties, including warranties of accuracy, completeness, continuity, security, merchantability, fitness for a particular purpose, non-infringement, availability, error-free operation, or uninterrupted operation.

AI Output may be wrong, incomplete, outdated, misleading, biased, unavailable, or unsuitable for Customer's use. Customer must not rely on Output for legal, medical, financial, safety, employment, credit, housing, education, insurance, or other significant decisions without independent review and professional judgment.

We do not guarantee that any Third-Party Service, model, interface, payment provider, cloud platform, network route, or supplier will remain available, or that Third-Party Service output, pricing, policies, regions, quality, latency, or safety rules will remain unchanged.

13. Limitation of Liability

To the maximum extent permitted by law, Havenbyte and its affiliates, directors, employees, contractors, suppliers, and licensors will not be liable for any indirect, incidental, special, punitive, consequential, or similar damages, including lost profits, lost revenue, business interruption, data loss, loss of goodwill, substitute service costs, or losses caused by model Output, even if we were advised that such damages were possible.

To the maximum extent permitted by law, Havenbyte's total cumulative liability arising from these Terms or the Services will not exceed the service fees actually paid by Customer to Havenbyte during the 12 months before the event giving rise to liability.

The limits above do not apply to liability that cannot be limited under applicable law.

14. Indemnity

Customer will defend, indemnify, and hold harmless Havenbyte, its affiliates, directors, employees, contractors, suppliers, and licensors from and against third-party claims, losses, liabilities, damages, penalties, costs, and expenses arising from or related to Customer's or its Users' Input, Customer's products or services, Customer's breach of these Terms, Customer's violation of applicable law, Customer's infringement of third-party rights, Customer's or its Users' misuse of the Services, or Customer's failure to provide appropriate disclosures to its Users.

Unless required by law or separately agreed in writing, we do not provide intellectual-property indemnity for Third-Party Services, third-party models, or AI Output.

15. Updates to These Terms

We may update these Terms from time to time. Updated Terms become effective when posted or on the date stated in the notice. For material changes, we will use reasonable efforts to provide advance notice or publish an explanation in the dashboard, on the website, in documentation, or through other official channels. Customer's continued use of the Services after an update becomes effective means Customer accepts the updated Terms.

If Customer does not agree to updated Terms, Customer should stop using the Services and disable relevant API keys.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.

The parties will first attempt to resolve disputes related to these Terms or the Services through good-faith informal discussions. If a dispute cannot be resolved informally, unless applicable law requires otherwise, any action, proceeding, or request that is not required to be arbitrated or is not suitable for arbitration will be brought in a court of competent jurisdiction in Delaware, United States. The parties agree to waive jury trial rights and class-action participation to the maximum extent permitted by applicable law.

This section does not limit either party's right to seek injunctive, conservatory, equitable, or emergency relief to protect intellectual property, Confidential Information, service security, account security, or to prevent abuse.

17. Notices and Contact

Customer agrees to receive notices about the Services and these Terms electronically, including through the dashboard, website, documentation, email, billing page, API responses, status page, or other official channels.

Customer may contact us through in-dashboard support tickets, email at support@modelflare.dev, or other support channels published on our website. Notices related to arbitration, litigation, government requests, or formal legal process must be sent in writing through an official support channel so we can provide the current legal notice instructions for Havenbyte LLC.

18. Miscellaneous

Customer may not assign its rights or obligations under these Terms without our prior written consent. We may assign these Terms to an affiliate or as part of a merger, acquisition, reorganization, financing, asset sale, or business transfer.

If any part of these Terms is found invalid, illegal, or unenforceable, the remaining parts remain in effect. A party's failure or delay in exercising a right is not a waiver of that right.

These Terms, together with pricing, supported regions, privacy, payment, model access, platform rules, and other applicable policies that we publish and incorporate by reference, form the complete agreement between the parties regarding the Services and replace any prior oral or written understandings about the Services.

Neither party is responsible for failure or delay caused by events outside its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or power failures, cloud-service failures, Third-Party Service failures, payment provider failures, model-service failures, cyberattacks, legal changes, or other force majeure events.