Terms of Service

01The agreement#

These terms are an agreement between you and Hummingbird Security (“we”, “us”), the operator of HummingRelay (the “service”): the API at api.hmbrd.dev, the website and dashboard at hmbrd.dev, and anything else we provide alongside them.

You accept these terms when you create an account, use an API key, or otherwise use the service. If you use the service for a company or another organisation, you accept them on its behalf and confirm you are allowed to do so. If you do not agree, do not use the service.

The Acceptable Use Policy is part of these terms. The Privacy Policy explains how we handle data.

02This is a private beta#

The service is in a private, invite-only beta. That has practical consequences you should plan around:

• Features, models, prices, limits and these terms may change, sometimes at short notice.
• There is no uptime commitment and no service-level agreement. Requests can fail, slow down or be interrupted, and the service may be unavailable for maintenance.
• Models can be added, replaced, re-routed to different infrastructure, or withdrawn.
• We may end the beta. If we do, section 7 says what happens to your credit.

Do not make the service the only path for something that must not fail.

03Accounts and API keys#

Accounts are created through an invitation from us. Invitation links are personal, work once, and expire. You choose your own login and password when you accept one.

Access is at our discretion. Applying does not entitle you to an account. We may decline an application or refuse to open an account for any reason, and we do not have to explain why.

• You must be at least 18 years old, and legally able to enter into this agreement.
• Give us accurate information, and keep your contact details current so we can reach you.
• Keep your password and API keys secret. We store only hashes of them: we cannot show you a key again, and we cannot recover a lost one — create a new key instead.
• You are responsible for everything done with your account and your keys, including by people you hand a key to and including the charges they cause. Per-key spend limits and expiry dates exist to help you contain that.
• A key share link hands a key to whoever has both the link and its PIN. Send the two through different channels.
• If you believe a key or your password has leaked, revoke the key in the dashboard and tell us.
• One account per person or organisation, unless we agree otherwise. Do not create accounts to collect one-off offers twice.

04Prepaid credits#

The service is prepaid. There is no subscription and nothing renews automatically. You add credit to your balance and requests draw it down.

Top-ups

During the beta there is no self-serve checkout. You arrange a top-up with our team on Telegram (toxuv.t.me) and we apply it to your account by hand. Packs, their prices and bonuses are listed on the pricing section and in your dashboard at the time you top up; that listing is what applies to your purchase. Any taxes, bank or network fees on your side are yours to cover.

Paid credit and bonus credit

Your balance has two parts:

• Paid credit — the amount you actually paid. It works on every model.
• Bonus credit — credit we add on top of a top-up, through an invitation, or as a goodwill gesture. It is promotional: it has no cash value, cannot be refunded, withdrawn or transferred, and is spent before paid credit on the models where it is valid. Bonus credit cannot be spent on Model One, which is billed to paid credit only.

Credit is a prepayment for the service. It is not money, not a deposit and not a stored-value instrument, it earns no interest, and it cannot be transferred to another account or sold. Credit does not expire on a monthly cycle; it stays on your account for as long as the account stays open.

Packs marked as available once per account can be bought once. Perks attached to a pack (for example higher rate limits) are described next to the pack and may change for future purchases.

05How usage is charged#

Each request is metered in tokens and charged at the published per-model rates for input, cached input and output that are in force when the request is made. Rates are listed in the model catalog; the mechanics are described in the billing documentation.

• Token counts come from the model infrastructure that served the request. Our record of them is the basis for the charge.
• When a request starts we reserve an estimate of its maximum cost, and replace it with the actual cost when the request finishes. A reservation can briefly make your available balance look lower than it will end up.
• Work the model has already done is charged even if you do not receive all of it — for example, if your client disconnects in the middle of a streamed answer, generation that has already happened is billed. If the final count cannot be obtained, we charge an estimate based on what was generated, or the reserved amount.
• Requests that fail before a model produces anything are not charged.
• When your balance, the paid part of it for a paid-only model, or a key's spend limit is used up, requests are refused until that changes. We do not extend credit and you cannot go into debt.

We may change rates. A change applies to requests made after it is published; it never changes what you were charged before, and it does not change the amount of credit on your balance.

If you think a charge is wrong, write to us within 30 days of the request with its request ID or the time it was made. We will check it against our records and correct genuine errors by crediting your balance.

06Using the service#

Subject to these terms, you may use the service for your own work and inside your own products, including commercial ones. In return:

• Follow the Acceptable Use Policy. The models decline far less than mainstream ones; that puts the judgement about lawful, authorised use on you.
• Stay within the rate limits and do not try to get around metering, limits or billing.
• Do not resell or sublicense raw access to the API — for example by offering our endpoint or keys to third parties as an inference service of your own — without a written agreement with us. Building your own product on top of the API is fine.
• Do not probe, scan or attack the service or the infrastructure behind it, and do not attempt to bypass our routing to reach that infrastructure directly through us.
• Comply with the laws that apply to you, including export control and sanctions rules.

07No refunds#

All top-ups are final. We do not refund money. That applies to credit of every kind — paid or bonus, used or unused — and in every case:

• if you stop using the service or ask us to close your account;
• if we decline to serve you, or suspend or close your account, for any reason;
• if a model, a price or a limit changes after you topped up.

Top up the amount you expect to use. You can start small: the smallest pack exists so that you can try the service before committing more.

If the service shuts down

If we close HummingRelay altogether, you will not be left holding a balance with nowhere to spend it. One of our upstream inference providers will take over serving you, and your remaining paid credit will be honoured there. We will tell you how to move across before the service stops. Bonus credit is promotional and is cancelled when the service or the account closes.

You can stop using the service at any time and ask us to close your account; closing it does not entitle you to a refund.

Nothing here removes refund or withdrawal rights that the law of your country gives you and that cannot be waived by agreement.

08Your content and the output#

“Content” means what you send to the API (prompts, messages, files, tool definitions) and what the models return.

• You keep whatever rights you have in what you send. As between you and us, the output is yours to use, to the extent the law allows and subject to these terms.
• You give us the permission we need to operate the service: to receive your content, pass it to the model infrastructure that answers the request, and return the result to you.
• You are responsible for your content and for how you use the output, and you confirm you have the right to send what you send — including any personal data in it.
• We do not store the text of your requests or the answers, and we do not use them to train models. Requests are processed by third-party inference providers; see the Privacy Policy.

09Refusal of service, suspension and termination#

We may refuse to provide the service, or stop providing it, to anyone at any time, at our discretion and without having to give a reason. That covers declining to open an account, limiting or closing an existing one, and revoking keys. Where we reasonably can, we will tell you in advance.

In particular, we may suspend or limit an account or a key, immediately and without advance notice, if we reasonably believe:

• the Acceptable Use Policy or these terms are being broken;
• the account or a key has been compromised;
• the usage threatens the service, other customers, our providers or third parties;
• we are required to by law or by a provider we depend on.

Where we can, we will tell you what happened and give you a chance to respond. We may close an account for a serious or repeated breach, and we may end the beta altogether. Whatever the reason, section 7 says what happens to your credit: it is not refunded, and if the service itself shuts down, one of our upstream providers takes over serving you.

Sections that by their nature should outlive the agreement — charges already incurred, responsibility for content, disclaimers, limits of liability — continue after it ends.

10No warranty#

The service, the models and their output are provided “as is” and “as available”. To the fullest extent the law allows, we give no warranties, express or implied, including of merchantability, fitness for a particular purpose, non-infringement, accuracy of output, or uninterrupted or error-free operation. A beta is expected to have defects.

11Limit of liability#

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive losses, or for lost profits, revenue, data or goodwill, however they arise;
• our total liability for all claims connected with the service is limited to the amount you paid us for credit in the three months before the event that gave rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence, or takes away rights that mandatory consumer law gives you.

12Your responsibility to us#

If a third party brings a claim against us because of your content, your use of the output, or your breach of these terms or the Acceptable Use Policy, you will cover the losses and reasonable costs we incur as a result, to the extent the law allows. We will tell you about such a claim promptly and cooperate with you in dealing with it.

13Changes to these terms#

We will revise these terms as the beta develops, and again before general availability. The current version is always on this page with its effective date. If a change is material, we will announce it in the dashboard or contact you before it takes effect where we reasonably can. Using the service after a change takes effect means you accept it; if you do not, stop using the service.

14General#

• Disputes. Write to us first. Most problems in a beta are solved by a message, and we will try in good faith to resolve yours. These beta terms do not yet name a governing law or a court; the general availability terms will. Until then, the mandatory law of the place where you live continues to protect you.
• Whole agreement. These terms, the Acceptable Use Policy and any written agreement we sign with you are the whole agreement about the service. A signed agreement takes priority where it differs.
• If a part fails. If a court finds part of these terms unenforceable, the rest stays in force.
• No waiver. If we do not enforce something once, we can still enforce it later.
• Transfer. You may not transfer your account or this agreement without our consent. We may transfer ours to a successor that takes over the service.
• Events outside our control. We are not responsible for failures caused by things we cannot reasonably control, including outages of the networks and providers the service depends on.

15Contact#

Questions about these terms, billing queries, security reports and account requests all go to the same place. Email (access@hmbrd.dev) is best for anything that needs a record.

• Email: access@hmbrd.dev
• Telegram: toxuv.t.me