Legal

Terms of Service

Effective date: June 22, 2026  ·  Last updated: June 22, 2026

These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and Kay David Kalex ("ModAPI", "we", "us", "our") governing your access to and use of the ModAPI content moderation API, website, dashboard, and related services (together, the "Service").

By creating an account, clicking "I accept", or accessing or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Service.

1. Acceptance of terms

These Terms incorporate by reference our Privacy Policy and, where you process personal data of your end users through the Service, our Data Processing Agreement ("DPA"). In the event of a conflict between these Terms and the DPA with respect to the processing of personal data, the DPA controls.

2. Definitions

• "API" means the ModAPI application programming interface and any associated SDKs, documentation, and endpoints.
• "Customer Data" means content you or your end users submit to the Service for moderation, including text, images, and accompanying metadata.
• "End User" means an individual or entity that interacts with your application or service and whose content you submit to the Service.
• "Output" means the moderation results the Service returns, including flags, category confidence scores, and related metadata.
• "Plan" means the subscription tier (free, developer, pro, team, or enterprise) under which you access the Service.

3. Accounts & eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction) and able to form a binding contract to use the Service. You agree to provide accurate account information and to keep it current.

You are responsible for safeguarding your credentials and API keys, and for all activity that occurs under your account. API keys authenticate requests as you — treat them like passwords, never embed them in client-side code or public repositories, and rotate them if compromised. Notify us promptly at [email protected] of any unauthorized use.

4. The service

The Service provides automated moderation of text and images, returning per-category confidence scores. Moderation is probabilistic and is provided as a decision-support tool. You are solely responsible for the moderation thresholds, policies, and downstream actions you apply based on the Output. You acknowledge that automated moderation may produce false positives and false negatives, and that you must not rely on the Service as the sole means of meeting any legal or regulatory obligation that requires human review.

5. Acceptable use

You agree not to, and not to permit any End User or third party to:

• use the Service in violation of any applicable law or regulation, or to infringe the rights of any third party;
• submit content you have no lawful right to process, or that you are prohibited from disclosing to a third-party processor;
• knowingly submit child sexual abuse material (CSAM) other than as strictly necessary to detect and report it in compliance with applicable law, and never for any other purpose;
• attempt to reverse engineer, decompile, or extract the underlying models, source code, or training data of the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense, or provide the Service to third parties as a standalone moderation service that competes with ModAPI;
• circumvent or exceed rate limits, usage quotas, or access controls, or use the Service to build a competing model through scraping or systematic extraction of Output;
• interfere with or disrupt the integrity or performance of the Service, including by transmitting malware or conducting denial-of-service attacks;
• use the Service to engage in unlawful surveillance or to discriminate against individuals in violation of applicable law.

We may suspend access immediately where we reasonably believe continued use poses a security risk, violates this section, or exposes ModAPI or others to legal liability.

6. Customer data & moderation content

As between the parties, you retain all rights in and to Customer Data. You grant ModAPI a worldwide, non-exclusive, royalty-free license to host, process, and transmit Customer Data solely to provide and maintain the Service, to generate Output, and as otherwise described in our Privacy Policy and DPA.

Where Customer Data contains personal data, ModAPI acts as a processor (or "service provider" under U.S. state privacy laws) on your behalf, and the DPA governs that processing. You are the controller and are responsible for having a lawful basis to submit Customer Data and for providing required notices to and obtaining required consents from your End Users.

We do not use Customer Data submitted through the moderation API to train or fine-tune models that serve other customers, except in de-identified or aggregated form that cannot reasonably be used to identify you or any End User. To accelerate repeated requests, the Service stores cryptographic hashes of submitted content and the associated Output; see the Privacy Policy for details on caching and retention.

7. Plans, billing & renewals

Paid Plans are billed in advance on a recurring basis (monthly unless stated otherwise) through our payment processors, Stripe and PayPal. Prices are stated on our website as final prices; see Section 8 for VAT treatment. By subscribing to a paid Plan, you authorize us and our payment processors to charge your payment method on each renewal until you cancel.

Your subscription renews automatically for successive periods unless you cancel before the end of the then-current period via Dashboard → Billing. Cancellation takes effect at the end of the current billing period; you retain access to paid features until then. We may change Plan pricing or features on at least 30 days' notice, effective at your next renewal.

Exceeding your Plan's active-key or rate limits may result in throttling (HTTP 429) or, where you have enabled overage billing on a key, in additional charges at the rates published on our website.

8. Trials, taxes & refunds

We may offer a free tier or trial. We may modify or discontinue free offerings at any time.

ModAPI is operated by a small business under § 19 of the German Value Added Tax Act (Umsatzsteuergesetz – Kleinunternehmerregelung). Accordingly, no German value-added tax (VAT) is charged or shown, and the prices stated are final ("Gemäß § 19 UStG wird keine Umsatzsteuer berechnet"). You remain responsible for any taxes, duties, or levies imposed under the law of your own jurisdiction (for example, reverse-charge VAT or import taxes) other than taxes based on ModAPI's income.

Except where required by applicable law (including statutory withdrawal rights for consumers in the EU/EEA), payments are non-refundable and we do not provide refunds or credits for partial billing periods or unused capacity.

9. Intellectual property

The Service, including the API, models, software, documentation, and the ModAPI name and logo, is owned by Kay David Kalex and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription. We reserve all rights not expressly granted. As between the parties, you own the Output as applied to your Customer Data, subject to our underlying rights in the Service.

If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

10. Third-party services

The Service relies on third-party providers, including payment processors (Stripe, PayPal) and authentication providers (Discord OAuth). Your use of those features may be subject to the third party's terms. We are not responsible for third-party services and disclaim liability for their acts or omissions.

11. Availability & changes

We strive for high availability but do not guarantee the Service will be uninterrupted or error-free. We may modify, suspend, or discontinue any part of the Service, and may perform maintenance that temporarily limits availability. Where a separate service-level agreement applies to your Plan, that SLA governs uptime commitments.

12. Warranty disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MODERATION OUTPUT WILL BE ACCURATE, COMPLETE, OR DETECT ALL PROHIBITED CONTENT. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR (A) YOUR PAYMENT OBLIGATIONS, (B) A PARTY'S INDEMNIFICATION OBLIGATIONS, OR (C) LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO MODAPI FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

14. Indemnification

You will defend, indemnify, and hold harmless Kay David Kalex and its officers, employees, and agents from and against any third-party claims, damages, and reasonable costs (including legal fees) arising out of (a) Customer Data, (b) your use of the Service in violation of these Terms or applicable law, or (c) your breach of your obligations to your End Users.

15. Termination

You may stop using the Service and close your account at any time via the dashboard. We may suspend or terminate your access for material breach of these Terms, non-payment, or where required by law. Upon termination, your right to use the Service ceases and we will delete or return Customer Data in accordance with the Privacy Policy and DPA. Sections that by their nature should survive termination (including 6, 9, 12–14, and 16) survive.

16. Governing law & disputes

These Terms are governed by the laws of Germany, without regard to conflict-of-laws principles, and the courts located there have exclusive jurisdiction, except that this does not deprive a consumer of the protection of mandatory provisions of the law of their country of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before they take effect, unless the change is required to take effect sooner by law. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms can be sent to [email protected], or by post to:

Kay David Kalex
c/o Online-Impressum #4165, Europaring 90, 53757 St Augustin