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Terms of Service

Last updated: March 1, 2026

These Terms of Service ("Terms") govern your access to and use of the OpenModex platform, API gateway, website, and related services (collectively, the "Service") provided by OpenModex ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our API, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

OpenModex provides a unified AI API gateway that allows developers to access over 1,600 AI models from multiple providers through a single, OpenAI-compatible API. Our Service includes:

  • A unified API endpoint for accessing AI models from multiple providers
  • Smart routing to automatically select optimal models based on cost, latency, and quality
  • Usage analytics, monitoring, and cost optimization tools
  • Semantic caching to reduce latency and costs
  • Automatic failover and load balancing across providers
  • SDKs for Python, TypeScript, and Go
  • A web dashboard for account management and analytics

3. Account Registration and Responsibilities

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials and API keys
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring that your account information is current and accurate

You must be at least 16 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. API Usage and Rate Limits

Your use of the API is subject to the rate limits and usage quotas associated with your subscription plan. We reserve the right to throttle or temporarily suspend access if usage patterns indicate abuse, excessive load, or violation of fair use policies.

You agree to implement reasonable error handling and retry logic in your applications. You must not attempt to circumvent rate limits, bypass security measures, or interfere with the operation of the Service.

5. Acceptable Use Policy

You agree not to use the Service to:

  • Generate, distribute, or facilitate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Violate any applicable laws, regulations, or third-party rights
  • Generate spam, phishing content, malware, or other malicious material
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Use the Service to build a competing product or service
  • Resell or redistribute API access without our written consent
  • Generate content that exploits, harms, or attempts to harm minors
  • Use the Service in any manner that could damage, disable, or impair the Service

We reserve the right to investigate and take appropriate action against any violations, including account suspension or termination.

6. Bring Your Own Key (BYOK)

The Service allows you to use your own API keys from third-party AI providers ("BYOK"). When using BYOK:

  • You are responsible for managing and securing your third-party API keys
  • Your use of third-party services is subject to those providers' terms and conditions
  • We are not liable for any charges incurred on your third-party accounts
  • You must ensure your third-party API keys have appropriate permissions and rate limits
  • We encrypt your stored API keys and follow security best practices, but you assume the risk of providing third-party credentials

7. Intellectual Property

The Service, including its design, features, documentation, and all related intellectual property, is owned by OpenModex and protected by applicable intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand features.

You retain all rights to the content you submit through the API. We do not claim ownership of your prompts, inputs, or the outputs generated through the Service. The intellectual property rights to AI-generated outputs are governed by the terms of the underlying AI provider.

8. Payment and Billing

Paid plans are billed on a monthly or annual basis, as selected at the time of purchase. You agree to pay all fees associated with your subscription plan and any overage charges based on your usage.

  • Subscription fees are billed in advance; usage-based charges are billed in arrears
  • All fees are non-refundable except as required by law or as explicitly stated in our refund policy
  • We may change pricing with 30 days' notice; continued use after the effective date constitutes acceptance
  • Failure to pay may result in suspension or termination of your account
  • You are responsible for any applicable taxes associated with your use of the Service

9. Service Level Agreement

For Enterprise plan customers, we offer a 99.99% uptime Service Level Agreement (SLA). The SLA details, including definitions of downtime, exclusions, and service credits, are specified in the separate SLA agreement provided to Enterprise customers.

For Free and Pro plan users, we target high availability but do not provide a guaranteed uptime SLA. We will make commercially reasonable efforts to maintain the Service and will notify users of scheduled maintenance in advance.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENMODEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total aggregate liability for any claims arising out of or related to the Service shall not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the claim or (b) one hundred US dollars ($100).

We are not responsible for the accuracy, reliability, or quality of AI model outputs. AI-generated content may contain errors, biases, or inaccuracies. You are responsible for evaluating and validating AI outputs for your use cases.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpenModex and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your use of the Service or any content generated through it
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or generate through the Service

12. Termination

You may terminate your account at any time through your dashboard settings or by contacting support. We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • You breach any provision of these Terms
  • We are required to do so by law
  • Your account has been flagged for suspicious or abusive activity
  • Your account has been inactive for an extended period

Upon termination, your right to use the Service will cease immediately. We will retain your data in accordance with our Privacy Policy and applicable law. You may request an export of your data before termination.

13. Governing Law

These Terms 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. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page, updating the "Last updated" date, and, for significant changes, sending an email notification to the address associated with your account.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: legal@openmodex.com
  • General inquiries: hello@openmodex.com
  • Support: support@openmodex.com