Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and NoBurn ("NoBurn," "we," "us," or "our"), the operator of the noburn.ai platform and related services (collectively, the "Service"). By accessing, registering for, or using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service after any modifications to these Terms constitutes acceptance of those modifications.

2. Description of Service

NoBurn is a resilient streaming proxy for Large Language Model (LLM) APIs. The Service operates by receiving API requests from your applications, proxying those requests to upstream third-party LLM providers, and buffering the streamed responses so that your clients can reconnect and resume consumption of the response stream in the event of a network disconnection or interruption.

Key characteristics of the Service include:

• Customers configure their applications to route LLM API traffic through a unique NoBurn endpoint (<uuid>.noburn.io) which acts as a proxy and response buffer.
• Three delivery patterns are supported: Server-Sent Events (SSE) streaming, HTTP polling, and webhooks.
• NoBurn temporarily buffers streamed response data in transit to enable reconnection. This buffered data is transient and is not intended as permanent storage.
• The Service is multi-tenant, with per-customer API keys, isolated configurations, and usage metering.

3. Beta Status and Service Level

3.1 Beta Designation

The Service is currently designated as beta. Beta means that the Service is still under active development, may contain bugs or errors, and is subject to change without notice. Features may be added, modified, or removed at any time during the beta period.

3.2 No SLA During Beta

During the beta period, NoBurn does not provide any service level agreement (SLA). This means:

• No uptime or availability guarantees are made.
• No performance guarantees (latency, throughput, or response time) are provided.
• No data durability or retention guarantees are offered for buffered stream data.
• No credits, refunds, or remedies will be issued for downtime, data loss, or service degradation during the beta period.
• The Service may experience planned or unplanned maintenance windows without advance notice.

3.3 "As-Is" Provision

During the beta period, the Service is provided strictly on an "as-is" and "as-available" basis. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You use the beta Service at your own risk.

3.4 Post-Beta SLA

When the Service exits its beta phase, NoBurn intends to introduce formal SLA terms, including defined uptime commitments, performance benchmarks, and remediation processes. These terms will be published as an updated agreement and will apply prospectively from the date the Service is designated as generally available ("GA"). We will provide reasonable advance notice before the Service transitions from beta to GA status.

4. Account Terms

4.1 Registration

To use the Service, you must create an account by providing accurate and complete registration information. You are responsible for maintaining the accuracy of your account information and for all activity that occurs under your account.

4.2 API Keys and Credentials

Upon registration, you will be issued API keys and credentials for accessing the Service. You are solely responsible for safeguarding your API keys, access tokens, and any other credentials associated with your account. You must not share, publish, or embed your NoBurn API keys in publicly accessible code, client-side applications, or any location where they may be exposed to unauthorized parties.

You must promptly notify NoBurn if you become aware of any unauthorized use of your account or credentials. NoBurn is not liable for any loss or damage arising from your failure to secure your credentials.

4.3 Account Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Service. If you are using the Service on behalf of an organization, you must have authority to bind that organization to these Terms.

5. API Usage and Rate Limits

5.1 Permitted Use

You may use the Service to proxy API requests to supported third-party LLM providers through your assigned NoBurn endpoint. All usage must comply with these Terms, applicable law, and the terms of service of the underlying LLM providers you access through the Service.

5.2 Rate Limits and Quotas

NoBurn may impose rate limits, request quotas, payload size limits, buffer retention periods, and other usage constraints on your account. These limits may vary by plan tier and may be adjusted at any time during the beta period. Exceeding your allocated limits may result in throttled requests, temporary suspension of access, or additional charges as described in your plan.

5.3 Third-Party LLM Providers

NoBurn proxies traffic to third-party LLM providers (such as OpenAI, Anthropic, Google, Mistral, and others) on your behalf. NoBurn is not responsible for the availability, performance, accuracy, content, or any other aspect of these upstream providers. Outages, errors, rate limits, policy changes, or service degradation at the upstream provider level are outside NoBurn's control. You are responsible for maintaining your own accounts and agreements with the third-party LLM providers whose APIs you access through NoBurn.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Interfere with or disrupt the Service, its servers, or the networks connected to the Service, including through denial-of-service attacks or similar techniques.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service.
• Use the Service to circumvent or violate the terms of service, acceptable use policies, or rate limits of any third-party LLM provider.
• Resell, redistribute, or sublicense access to the Service without NoBurn's prior written consent.
• Use the Service to process, transmit, or store data that you do not have the legal right to use, including personally identifiable information in violation of applicable privacy laws.
• Use automated means to create accounts, generate excessive API requests beyond your allocated quotas, or otherwise abuse the Service's resources.

NoBurn reserves the right to suspend or terminate your access to the Service immediately and without prior notice if we reasonably determine that you have violated this Acceptable Use Policy.

7. Usage Metering and Billing

7.1 Metering

NoBurn meters your usage of the Service, including but not limited to the number of API requests proxied, the volume of data buffered, the duration of buffer retention, and the number of reconnection events. Usage metrics are tracked on a per-account basis and may be viewable through your account dashboard or API.

7.2 Pricing and Plans

Pricing for the Service is as published on the NoBurn website or as agreed in a separate written agreement. During the beta period, pricing may change with reasonable notice. NoBurn will endeavor to provide at least fourteen (14) days' notice before implementing pricing changes, but reserves the right to make adjustments as necessary.

7.3 Billing and Payment

If your usage of the Service incurs charges, you agree to pay all fees in accordance with the billing terms applicable to your plan. Payments are due in U.S. dollars unless otherwise agreed. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

7.4 Taxes

You are responsible for all taxes, levies, and duties applicable to your use of the Service, excluding taxes based solely on NoBurn's net income.

7.5 Disputes

If you believe a charge is incorrect, you must contact NoBurn in writing within thirty (30) days of the billing date. Failure to dispute a charge within this period constitutes acceptance of the charge.

8. Data Handling and Privacy

8.1 Buffered Stream Data

In the course of providing the Service, NoBurn temporarily buffers streamed response data from upstream LLM providers. This buffered data is held in memory or temporary storage solely for the purpose of enabling client reconnection and stream resumption. Buffered data is transient and is automatically purged after the applicable retention window expires. NoBurn does not use buffered stream content for training models, analytics, or any purpose other than delivering the buffered response to your authorized clients.

8.2 Request and Response Data

NoBurn processes your API requests and the corresponding responses from upstream LLM providers as a data processor acting on your behalf. You are the data controller with respect to the content of your API requests and the responses received. You are responsible for ensuring that the data you transmit through the Service complies with applicable privacy and data protection laws, including but not limited to GDPR, CCPA, and other applicable regulations.

8.3 Metadata and Logs

NoBurn may collect and retain metadata related to your use of the Service, including request timestamps, response sizes, status codes, latency measurements, and error information. This metadata is used for operating, improving, and securing the Service, as well as for usage metering and billing purposes.

8.4 Security

NoBurn implements commercially reasonable technical and organizational measures to protect the data processed through the Service. However, during the beta period, security practices are subject to ongoing development and improvement. No method of electronic transmission or storage is completely secure, and NoBurn cannot guarantee absolute security.

8.5 Data Processing Agreement

If you require a formal Data Processing Agreement (DPA) for compliance purposes, please contact us at legal@noburn.ai.

9. Intellectual Property

9.1 NoBurn's Intellectual Property

The Service, including all software, infrastructure, documentation, APIs, user interfaces, designs, trademarks, and other intellectual property associated with NoBurn, is and remains the exclusive property of NoBurn and its licensors. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use the Service in accordance with these Terms.

9.2 Your Content

You retain all rights in the content you transmit through the Service, including your API requests and the responses generated by upstream LLM providers. NoBurn claims no ownership of your content. You grant NoBurn a limited, non-exclusive license to process, buffer, and transmit your content solely as necessary to provide the Service.

9.3 Feedback

If you provide NoBurn with feedback, suggestions, or ideas regarding the Service, you grant NoBurn a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback for any purpose without obligation to you.

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall NoBurn, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if NoBurn has been advised of the possibility of such damages.

10.2 Cap on Liability

To the maximum extent permitted by applicable law, NoBurn's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amounts you have paid to NoBurn in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

10.3 Beta-Specific Limitations

You expressly acknowledge that the Service is in beta and that your use of the Service during the beta period is at your sole risk. NoBurn shall have no liability for any damage or loss arising from downtime, data loss, service interruptions, or performance degradation during the beta period.

10.4 Upstream Provider Liability

NoBurn is not liable for any damages, losses, or costs arising from the acts, omissions, outages, errors, or policies of third-party LLM providers whose APIs are accessed through the Service. Your sole remedy for issues with upstream providers is to address those issues directly with the applicable provider.

11. Indemnification

You agree to indemnify, defend, and hold harmless NoBurn, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any activity under your account.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party, including intellectual property rights or privacy rights.
• The content of the data you transmit through the Service.
• Your violation of the terms of service of any third-party LLM provider accessed through the Service.

12. Termination

12.1 Termination by You

You may terminate your account and stop using the Service at any time by contacting NoBurn or using the account management features provided in the Service. Termination does not relieve you of any obligation to pay accrued fees.

12.2 Termination by NoBurn

NoBurn may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, non-payment, abusive usage patterns, or discontinuation of the Service. During the beta period, NoBurn may terminate the Service or any account at its sole discretion.

12.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. Any buffered data associated with your account will be purged in accordance with our standard data retention practices. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 9, 10, 11, and 14.

13. Modifications to Terms

NoBurn reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the NoBurn website and updating the "Last updated" date at the top of this page. For material changes, we will endeavor to provide at least thirty (30) days' advance notice via email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service and terminate your account.

14. Governing Law and Dispute Resolution

14.1 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 principles.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

To the fullest extent permitted by law, you and NoBurn agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and NoBurn each waive any right to a jury trial.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any applicable order forms, DPAs, or other written agreements between you and NoBurn, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

The failure of NoBurn to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without NoBurn's prior written consent. NoBurn may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.

15.5 Force Majeure

NoBurn shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, power failures, internet disruptions, or failures of third-party service providers (including upstream LLM providers).

15.6 Notices

Notices to NoBurn should be sent to legal@noburn.ai. NoBurn may send notices to you at the email address associated with your account. Notices shall be deemed received when delivered via email.

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Contact

If you have questions about these Terms of Service, please contact us at legal@noburn.ai or visit noburn.ai.