Terms of service.

These terms are between you (or the organisation you act for) and Failure Model Labs, a company based in Singapore ("we", "us"). By creating an account or using the API you agree to them. If you do not agree, do not use the service.

1. The service

We provide the Failure Tempest models through an OpenAI-compatible API at https://api.failure.fail/v1, together with Failure ID accounts and a console for keys, usage and spend caps. Failure Tempest 1 combines answers from third-party models. The service is new and changes often; features, models and lanes may be added, changed or withdrawn.

2. Accounts

• You must give accurate details and keep them current.
• You are responsible for everything done with your account and your API keys.
• Accounts are invite-only. An invite key is personal to the person or team it was issued to and may be revoked; we may decline to issue one.
• Keep your keys secret. If one leaks, revoke it in the console straight away.

3. Acceptable use

You must follow our acceptable use policy. It forms part of these terms. You must also not use the service in a way that breaks the policies of the upstream providers whose models we use.

4. Prices and payment

• You pay for the tokens you send and receive, at the prices on our pricing page when the request is made. Briefs, drafts and audits produced for your request are streamed to you as reasoning and billed as output (reasoning) tokens; drafts we cancel before they reach you are not billed.
• Token counts are estimated by us and our counts are used for billing.
• Current prices are launch prices and may change. We will give notice of price changes before they apply.
• You may set a monthly spend cap on each key. Requests past a cap are refused until the cap resets on the 1st of the month (UTC).
• Fees are due as stated on your invoice or in the console. Unpaid fees may lead to suspension.
• Prices exclude taxes, which you pay where they apply.

5. Your content

You keep your rights in the prompts you send and the outputs you receive. You give us permission to process your content only as needed to provide the service, including sending it to upstream model providers. We do not train on API traffic. See our privacy policy.

Outputs are generated by machine learning models and may be wrong, incomplete or similar to outputs given to others. You are responsible for checking outputs before relying on them, especially for legal, medical, financial or safety decisions.

6. Our property

The service, the site, the fusion pipeline and our brands belong to us. These terms do not give you any right to them beyond using the service as described.

7. Availability

We aim to keep the service running but do not promise any level of uptime. The API may return 503 while lanes are not live or while we restart. Live status is on the status page.

8. Suspension and termination

• You can stop using the service and ask us to close your account at any time.
• We may suspend or close an account, or revoke keys, if you break these terms or the acceptable use policy, fail to pay, or put the service or others at risk. Where it is reasonable, we will tell you first.
• Fees for use before termination remain payable.

9. Disclaimers

To the extent the law allows, the service is provided "as is" and "as available", without warranties of any kind, including fitness for a particular purpose, accuracy of outputs or uninterrupted operation.

10. Limit of liability

To the extent the law allows:

• We are not liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, data or goodwill.
• Our total liability for any claim relating to the service is limited to the amount you paid us in the three months before the claim arose.

Nothing in these terms limits liability that cannot be limited by law.

11. Indemnity

You will cover our reasonable losses arising from your breach of these terms or the acceptable use policy, or from content you send through the service.

12. Changes to these terms

We may update these terms. We will update the date at the top and, for material changes, tell account holders by email before they take effect. Using the service after that means you accept the new terms.

13. Governing law

These terms are governed by the laws of Singapore. The courts of Singapore have exclusive jurisdiction over any dispute arising from them.

14. Contact

Failure Model Labs, Singapore. General questions: hello@failure.fail. API questions: api@failure.fail.