Terms & Conditions

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and haimaker, Inc. ("haimaker," "we," "us," or "our") governing your access to and use of the haimaker.ai platform, API, and related services (collectively, the "Services"). By creating an account or using our Services, you agree to be bound by these Terms.

Description of Services

haimaker provides an AI inference platform that routes API requests to various AI model providers through a unified, OpenAI-compatible endpoint. Our Services include API access to 200+ AI models, benchmarking tools, model discovery, and related developer tools. We act as an intermediary between you and upstream model providers.

Account Registration

To use our API Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your API keys and account credentials. You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access to your account.

Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms. You may not:

• Use the Services to generate content that is illegal, harmful, threatening, abusive, or violates the rights of others
• Attempt to circumvent rate limits, usage quotas, or security measures
• Reverse engineer, decompile, or attempt to extract the source code of our platform
• Resell or redistribute API access without written authorization
• Use the Services to develop competing products or benchmark against competitors without permission
• Transmit malware, viruses, or any code designed to disrupt the Services

You are also bound by the acceptable use policies of upstream model providers when accessing their models through our platform. When using Third-Party Models (any model routed through our platform that is not hosted on haimaker's Sovereign AI infrastructure), you agree to comply with that provider's specific terms of use, acceptable use policies, and any applicable export or sanctions restrictions. Any violation of an upstream provider's terms caused by your activity constitutes a material breach of these Terms.

Third-Party Models and Data Sovereignty

haimaker routes requests to Third-Party Model providers (any provider whose models are not hosted on haimaker's Sovereign AI infrastructure) on a cost pass-through basis through a single unified API key. You acknowledge and agree that:

• Third-Party Models are not part of haimaker's Sovereign AI infrastructure and are not subject to the same data residency, privacy, or security guarantees.
• When you select a Third-Party Model, your inputs (including prompts, files, and context) and the outputs returned to you are transmitted to, and subject to the privacy policies, data retention policies, logging practices, and terms of service of, that Third-Party Model provider.
• haimaker does not control and is not responsible for how Third-Party Model providers collect, use, store, process, retain, disclose, or train on data you submit when routing to their models.
• You are solely responsible for determining whether a given Third-Party Model is appropriate for your use case and for ensuring your use complies with your own data residency, confidentiality, regulatory, contractual, and security requirements, including any obligations to your own customers or end users.
• Model availability, pricing, rate limits, context windows, and behavior of Third-Party Models may change at any time based on the upstream provider, and haimaker may add, remove, or restrict access to any Third-Party Model without notice.
• haimaker passes through the cost of Third-Party Models without markup or profit on inference; haimaker makes no warranty regarding the output, uptime, latency, correctness, or safety of any Third-Party Model.

Pricing and Payment

API usage is billed on a pay-as-you-go basis at the per-token rates published on our pricing page. Prices are subject to change with 30 days' notice. You agree to pay all charges incurred under your account. We may suspend access to the Services for overdue payments. All fees are non-refundable except as required by law or at our sole discretion.

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Services. We may perform scheduled maintenance with reasonable advance notice. We are not liable for downtime or performance degradation caused by upstream model providers, network issues, or events beyond our reasonable control.

Intellectual Property

You retain all rights to the inputs you submit and outputs you receive through the API. haimaker retains all rights to the platform, API, documentation, benchmarks, and related intellectual property. Our trademarks, logos, and service marks may not be used without prior written consent.

You are solely responsible for complying with any attribution, labeling, watermarking, or AI-disclosure requirements mandated by the upstream provider of the model you have selected, as well as any such requirements under applicable law. You may not remove, obscure, alter, or suppress any "generated by AI," provider attribution, or safety disclosures that an upstream provider requires to accompany its outputs.

Data and Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. We do not use the content of your API requests to train AI models. For customers with data residency requirements, we offer region-specific processing as described in our compliance documentation.

Limitation of Liability

To the maximum extent permitted by law, haimaker shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Services. Our total liability for any claim arising under these Terms shall not exceed the amount you paid to haimaker in the 12 months preceding the claim.

Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI model outputs will be accurate, complete, or suitable for any particular purpose.

Indemnification

You agree to indemnify, defend, and hold harmless haimaker and its officers, directors, employees, and agents from any claims, damages, losses, fines, penalties, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights. Without limiting the foregoing, your indemnification obligation expressly includes any claims, fines, penalties, account terminations, chargebacks, or legal actions brought against haimaker by any upstream or Third-Party Model provider that result from, or are attributable to, your inputs, outputs, use, or misuse of their models routed through our Services.

Termination

Either party may terminate these Terms at any time. You may close your account by contacting [email protected]. We may suspend or terminate your access if you violate these Terms, fail to pay amounts owed, or if we discontinue the Services. Upon termination, your right to access the Services ceases immediately. Sections on intellectual property, limitation of liability, indemnification, and governing law survive termination.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

Contact Us

Questions about these Terms can be directed to:

haimaker, Inc.
447 Sutter St Ste 405 #122
San Francisco, CA 94108
[email protected]