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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
This document sets the rules for using Modal's service: you can only use it for your own internal business needs, and Modal cannot share your data with others or use it to train AI without your written permission. If something goes wrong financially, neither side can recover more than the fees paid in the previous twelve months, and Modal disclaims all warranties. Any AI outputs Modal's service produces are your responsibility to review before you rely on them.
Modal's Terms of Service establish a framework governing Customer's use of the Service for internal business purposes only, with Modal acting as Processor of Customer Personal Data subject to strict constraints: Modal may not process Customer Data outside Customer-specified geographic regions without prior written consent, may not sell or share Customer Personal Data with third parties without prior written consent, and may not train AI models on Customer Data or feed it into large language models without prior written consent. The agreement imposes mutual liability caps at twelve months of fees paid or payable and excludes all indirect, consequential, punitive, and lost-profits damages for both parties, while also disclaiming all express and implied warranties on Modal's part. Customer bears sole responsibility for reviewing and validating AI Output before use, carries an indemnification obligation for third-party IP claims arising from Customer Data, and must accept that fees are non-refundable except as specified. Modal in turn carries an indemnification obligation for third-party IP infringement claims arising from Customer's authorized use of the Service and must notify Customer within 48 hours of becoming aware of a Personal Data Breach.
As a Customer, your data is protected by explicit prohibitions on Modal sharing it or using it for AI training without your written consent, and Modal must process it only in regions you designate. If Modal discovers a breach affecting your personal data, it must notify you within 48 hours with sufficient information. Your financial recovery in any dispute is capped at the fees you paid in the twelve months before the claim arose, and fees you have already paid are non-refundable except as specified. You are solely responsible for reviewing any AI-generated output before publishing, disclosing, or relying on it. If you need your data processed in a specific geographic region, you can specify that region in writing to enforce Modal's restriction on cross-border processing.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
4 important changes detected
5 versions captured · Last updated: August 2026
Modal updated the header section of its Terms of Service on July 28, 2026. The previous text mentioned 'Modal Inkling by Thinking Machines' and directed users to learn more about …
View change record →Modal's Terms of Service header was updated on July 16, 2026 to include promotional language: 'Inkling by Thinking Machines is now available on Modal Learn more' was added to the …
View change record →Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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