Legal

Terms of Service

Effective date: November 1, 2026 · Privacy Policy

1. Agreement

These Terms of Service (the "Terms") are a contract between TOURBAI INC, a Delaware corporation doing business as Tourbillon AI ("Tourbillon", "we", "us") and the person or organization that creates an account, places an order, or uses the Services ("you", "Customer").

You accept the Terms by clicking "Create account" or "I agree", by signing an Order Form that references them, or by accessing or using the Services. If you accept on behalf of an organization, you confirm that you have authority to bind it, and "you" means that organization. If you do not agree, do not use the Services.

The Services are built for business and professional use. You must be at least 18 years old and able to form a binding contract. We do not knowingly provide the Services to anyone under 18.

These Terms incorporate any Order Form. Our Privacy Policy (tourbillon.ai/privacy) describes how we handle personal information about you and your Users; it is a notice, not part of this contract. If you have a signed agreement with Tourbillon that expressly replaces these Terms, that agreement governs instead. If you use the tourbillon.ai website without an account, sections 9, 12, 14, 15 and 18 apply to you.

2. Definitions

  • Platform means the hosted TERSL/DB service we operate at tourbillon.ai and all of its subdomains (including www.tourbillon.ai, platform.tourbillon.ai and api.tourbillon.ai), including the web application, the API, the Explorer and other tools as hosted by us.
  • Services means the Platform, the Documentation, and any Self-Hosted Software we provide under an Order Form. The Services do not include Open-Source Software.
  • TERSL means the open state language and protocol and its specification, published at github.com/terse-lang/terse, where it is also written TERSE (as in the package names terse-py and terse-mcp).
  • Open-Source Software means software we release under an open-source license, including the TERSL reference implementations, the TERSL MCP server, and the brain and memory apps in that repository. It is licensed under its own license (currently Apache-2.0), not these Terms (section 9.2).
  • Self-Hosted Software means TERSL/DB server software that we license for deployment in your own environment under an Order Form.
  • Customer Data means the data you, your Users and your Agents store in or send to the Services through your Namespaces, including the state, its history, grants documents and exports. It excludes Operational Metadata.
  • Operational Metadata means data about how the Services are used: request counts, bytes transferred, latency, error rates, feature usage, plan limits consumed, and similar telemetry. It does not include the content of Customer Data.
  • Namespace means a unit of isolated TERSL state within your account, with its own history, grants and Access Keys.
  • Access Key means an API key or other credential issued through the Platform (including keys the pricing page calls "connectors") that authenticates a request to a Namespace.
  • User means an individual who accesses your account through the Platform. Account Owner means the User who holds the owner or billing role for your account; the Account Owner can accept these Terms and changes to them, change Plans, and close the account on your behalf. Agent means any software, including an AI agent or model-driven process, that accesses the Services with one of your Access Keys.
  • Plan means the Free, Pro, Team or Enterprise plan, or a successor, with the limits shown in your account, on the pricing page at tourbillon.ai/#pricing, or in your Order Form. Your subscription means your Plan, including the Free Plan, for as long as your account is open.
  • Order Form means a signed document or online checkout that references these Terms and specifies a Plan, fees and term.
  • Documentation means our published technical documentation for the Services, including the Plan limits shown in your account, as updated from time to time.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party.
  • Preview Features means features we label beta, preview, early access, experimental, or similar.

3. The Services

3.1 Access. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right to access and use the Services during your subscription, for your business purposes (including in applications and agents you provide to your own customers, as section 6 permits) and within your Plan's limits.

3.2 Plans and limits. Each Plan has limits on Namespaces, storage per Namespace, Access Keys, Users, request and write rates, bytes out, and history retention. The Platform enforces them automatically: requests over a rate limit are delayed and then refused with HTTP 429, and writes over a storage limit are refused with HTTP 507. Limits are published on the pricing page and in the Documentation and apply as they exist when you subscribe or change Plan, except as sections 7.1 and 17 allow.

3.3 Hosting. We host the Platform on Microsoft Azure in United States regions (currently West US 3, Central US and East US). We may store and process Customer Data in any Azure region within the United States, and we may change infrastructure providers or regions on notice, provided the change does not materially reduce the security of the Services.

3.4 Self-Hosted Software. If we offer Self-Hosted Software under an Order Form, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and run it in your own environment for the term, scope and instance count in the Order Form. The software may require a license key and may report Operational Metadata to us to verify compliance and support you. Sections 6 (Acceptable use) and 9 (Intellectual property) apply to Self-Hosted Software as they apply to the Platform. Unless your Order Form says otherwise, we do not hold or process Customer Data in a customer-run deployment.

3.5 Changes to the Services. We improve the Services continuously and may add, change or remove features. We will give commercially reasonable notice, normally 30 days, through the Platform or by email before removing a feature that materially reduces the core functionality of a paid Plan, except where a change is required by law, for security, or by a provider we depend on. The TERSL specification is versioned separately; the Documentation states which versions the Platform supports.

3.6 Preview Features. Preview Features are provided as-is, may change or be withdrawn at any time, and are excluded from any support commitment, service level or indemnity. We may limit who can use them, and may delete data stored only in a Preview Feature when the feature ends, after notice.

3.7 Support. We provide support by email at corporate@tourbillon.ai on a commercially reasonable basis during Pacific business hours. Service level commitments, if any, are set out in an Enterprise Order Form.

4. Accounts, Access Keys and security

4.1 Your account. You must provide accurate account information and keep it current. You are responsible for everything done through your account, Users, Agents and Access Keys, whether or not you authorized it, except to the extent caused by our breach of section 4.4, until you notify us of a compromise and we have had a reasonable time to act. You are also responsible for your own customers' and end users' use of anything you build on the Services. Only the Account Owner may close the account or change its Plan.

4.2 Credentials. Keep passwords and Access Keys confidential. Access Keys are shown once at creation and stored by us only as a hash; we cannot recover a lost key. Revoke a key immediately if you believe it is exposed. Do not share login credentials between people; add each person as a User within your Plan's User limit.

4.3 Agents. You are responsible for every Agent you connect to the Services, for the grants you give its Access Key, and for the reads and writes it performs. The Platform records the Access Key as the principal of every write; labels such as agent name or on-behalf-of user are recorded for your records and are never used by us to authorize anything. We do not control, review or guarantee the behavior of any Agent, model or third-party tool you connect.

4.4 Security. We maintain administrative and technical safeguards designed to protect Customer Data, and rely on our hosting provider's physical and infrastructure controls. We describe our safeguards in the Documentation when published. You are responsible for configuring grants, Access Keys and Users appropriately for your use. Report any suspected vulnerability or incident to corporate@tourbillon.ai. We will notify you without undue delay if we confirm a security breach affecting your Customer Data.

4.5 Two-factor authentication and sign-in providers. We may require two-factor authentication. If you sign in with a third-party identity provider (such as Google), that provider's terms govern your use of it, and we rely on its assertions to identify you.

5. Customer Data

5.1 Ownership. You own your Customer Data. Nothing in these Terms gives us any right in it except the license in section 5.2.

5.2 License to us. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, index, back up, display and process Customer Data only as needed to provide, secure, support and bill for the Services, to comply with law, and as you otherwise direct through the Services.

5.3 No training on your data. We do not use Customer Data to train, fine-tune or evaluate any machine-learning or AI model, ours or anyone else's. We do not sell Customer Data. We do not read Customer Data except as needed to provide support you request, to investigate abuse or a security incident, or as required by law.

5.4 Operational Metadata. We collect and use Operational Metadata to operate, secure, bill for and improve the Services, and we may publish it in aggregated or de-identified form that does not identify you, your Users or your Customer Data.

5.5 History, retention and deletion. The Platform keeps a history of changes to each Namespace for at least the period your Plan allows (for example 7 days on Free and 90 days on Pro, as published). Data you remove from the live state remains readable in history and point-in-time reads until we delete it, which we do within 30 days after that period ends, and may remain in operational backups for up to 30 further days. A copy of a Namespace is a separate Namespace that you control and that does not expire with the source's history. Permanently removing a Namespace deletes its live state, history and Access Keys, subject to section 5.6. Subject to this section and section 5.6, you control what is stored and when it is removed; we do not monitor content.

5.6 Immutable record (WORM), if offered. Some Plans may include an immutable record level in which committed history entries cannot be altered or deleted, by you or by us, for the retention period set by the Plan. A Namespace at that level cannot leave it; to change level you create a copy. If you use it, you accept that entries cannot be erased on request during the retention period, and you are responsible for confirming, before you store personal data in that Namespace, that this is compatible with your legal obligations, including any right-to-erasure obligations. If your account closes or is suspended while a retention period is running, we retain the Namespace until the period ends, may charge the applicable storage fee for it, and the deletion timing in section 5.7 applies only after that.

5.7 Export and portability. You may export any Namespace at any time as a TERSL file that the Open-Source Software can read. Export your data before you close your account. If you need an export after closure, ask us at corporate@tourbillon.ai within 30 days and we will provide it. We delete Customer Data 30 days after closure, or after fulfilling a timely export request if later, subject to section 5.6 and to any law or signed agreement that requires otherwise; operational backups expire within a further 30 days.

5.8 Personal information. If Customer Data includes personal information of California residents, we act as your service provider under the California Consumer Privacy Act. We will process that personal information only to provide the Services under these Terms; will not sell or share it; will not retain, use or disclose it for any purpose other than the business purposes in these Terms, or outside our direct business relationship with you; will not combine it with personal information we receive from other sources except as the CCPA permits; will provide the level of privacy protection the CCPA requires; will notify you if we determine we can no longer meet our obligations under the CCPA; and will allow you to take reasonable steps to stop and remediate any unauthorized use. Our Privacy Policy explains how we handle personal information about you and your Users. The Services are offered from the United States and are designed for United States law; if you use them from elsewhere, you are responsible for any local requirements, and we do not currently offer data-processing terms for other jurisdictions.

5.9 Data you may not store. Unless an Order Form and any required addendum (such as a HIPAA business associate agreement) expressly allow it, you may not store in the Services: protected health information regulated by HIPAA; payment card data regulated by PCI DSS; data subject to ITAR or other defense export controls; government-classified information; or personal information of children under 13 collected from the child. You are responsible for any consents and notices needed for the Customer Data you store.

5.10 Backups. We keep operational backups to run and recover the Platform, not as an archive for you. They are not a substitute for your own export or backup practice, and you are responsible for keeping copies of Customer Data you cannot afford to lose.

6. Acceptable use

You will not, and will not allow any User, Agent or third party to:

  • use the Services in violation of law, or to store, transmit or act on content that is unlawful, infringing or defamatory, or that you do not have the right to store;
  • use the Services to build, train or operate a system that violates the rights of others, including unlawful surveillance, discrimination or harassment;
  • probe, scan or test the vulnerability of the Services or any other customer's Namespace without our written consent, or circumvent rate limits, grants, authentication or other controls;
  • introduce malware, or run an Agent you know or should know is likely to cause harm, including runaway loops that burden the Services beyond your Plan;
  • resell, sublicense, time-share or offer the Platform to third parties as a service, except that you may build applications and agents that use the Services on behalf of your own customers within your Plan;
  • copy, modify, reverse engineer or create derivative works of the Platform or Self-Hosted Software, except to the extent the law allows despite this restriction; this does not apply to Open-Source Software or to the TERSL specification, which you may implement freely;
  • access the Platform in order to build a competing hosted service, or publish benchmarks of the Platform without disclosing the methodology, Plan and version tested;
  • create multiple Free accounts to avoid Plan limits, or share one account between organizations;
  • use the Services for cryptocurrency mining or as general-purpose file or media storage; or
  • misrepresent your identity, or remove any proprietary notice.

We may investigate suspected violations and may remove or disable access to content or Access Keys that violate this section. We will tell you when we do, unless law or an active security investigation prevents it. If you believe content stored in the Services infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to our designated agent at corporate@tourbillon.ai.

7. Plans, fees and billing

7.1 Free Plan. The Free Plan costs nothing and is subject to its published limits. We may change those limits on 30 days' notice. We may delete a Free account, with 30 days' email notice, if it has had no sign-in and no API activity for 6 consecutive months.

7.2 Paid Plans. Pro and Team Plans are billed in advance, monthly or annually, at the prices shown at checkout. Annual Plans are discounted and are billed for the full year up front. Enterprise Plans are priced in an Order Form.

7.3 Automatic renewal. Paid subscriptions renew automatically for the same period at the then-current price until you cancel. You can cancel at any time on the Platform's billing page; cancellation takes effect at the end of the current billing period, and your account then moves to the Free Plan. Namespaces and Access Keys above Free limits are kept, but you cannot create more until you are within the limits or upgrade, and new history is retained only for the Free Plan period. If your account stays above Free limits for more than 90 days after a downgrade, we may ask you to reduce usage and, after 30 days' further notice, make the excess Namespaces read-only or remove them.

7.4 Payment. We bill through Stripe. You authorize us to charge your payment method for all fees when due. Invoices and receipts are available in the billing portal. Fees are in US dollars.

7.5 Changes of Plan. Upgrades take effect immediately and are prorated for the current period. Downgrades take effect at the end of the current period.

7.6 Refunds. Fees are non-refundable except as these Terms expressly provide: a pro-rata refund if we discontinue the Services (section 8.4), if we cannot cure a warranty failure (section 12.2), or if we terminate for infringement (section 13.2), and any refund the law requires.

7.7 Taxes. Fees exclude sales, VAT, GST and similar taxes. You pay any such taxes that apply unless you give us a valid exemption certificate. We pay taxes on our income.

7.8 Price changes. We may change prices for paid Plans on at least 30 days' notice by email. The new price applies from your first renewal after the notice period. If you do not accept it, cancel before that renewal.

7.9 Late or failed payment. If a payment fails, we will notify you and retry. During a grace period of 7 days your account runs at Free Plan rates. If payment is not received by the end of the grace period, or earlier if our payment processor cancels the subscription, we may suspend API access to your Namespaces until payment is made; the Platform remains available so you can update your payment method or export your data. When payment is received we restore access and may credit the suspended time on your next invoice. For invoiced Enterprise fees, we may charge interest at the lesser of 1% per month or the legal maximum on amounts more than 30 days overdue, and recover reasonable collection costs.

8. Term, suspension and termination

8.1 Term. These Terms apply from the date you accept them until your account is closed and any Order Form has ended.

8.2 Suspension. We may suspend your access, or an Access Key, User or Namespace, immediately, with notice to you where practicable, if: (a) we reasonably believe your use threatens the security, integrity or availability of the Services or other customers; (b) your use violates section 6 or the law; (c) payment is overdue after the grace period in section 7.9; (d) a third party we depend on, such as a cloud provider or payment processor, requires it; or (e) the law requires it. We will limit a suspension to what the issue requires and lift it when the issue is resolved.

8.3 Termination by you. You may close your account at any time from the Platform. Closing your account ends any paid subscription at the end of the current period, with no refund of prepaid fees except as section 7.6 allows.

8.4 Termination by us. We may terminate these Terms and close your account: (a) on 30 days' notice if you materially breach them and do not cure within that time; (b) immediately if the breach cannot be cured, is a material breach of section 6, or creates legal risk for us; (c) immediately if you become insolvent; or (d) for a Free account, on 30 days' notice under section 7.1. We may also discontinue the Services entirely on at least 60 days' notice, in which case we will refund prepaid fees for the unused period.

8.5 Effect. On termination your right to use the Services ends, outstanding fees become due, and section 5.7 governs export and deletion of Customer Data. Sections 5, 7 (as to amounts owed), 8.5, 9, 10.1, 11, 12.3–12.5, 13, 14, 15, 16 and 18 survive, together with any other provision that by its nature should survive.

9. Intellectual property

9.1 Our rights. Tourbillon and its licensors own the Services, Self-Hosted Software, Documentation, and the TERSL/DB and Tourbillon names and logos, together with all related intellectual property. These Terms do not transfer any of it to you. All rights not expressly granted are reserved.

9.2 Open-Source Software. TERSL and the other Open-Source Software are licensed under their own licenses, currently Apache-2.0, and nothing in these Terms limits the rights those licenses give you. You can read, implement and extend the TERSL specification and run the open tooling without an account. Namespace exports are standard TERSL files and remain yours.

9.3 Trademarks. "Tourbillon" and "TERSL/DB" and the associated logos are our marks. You may use them accurately to refer to the Services (for example, "built on TERSL/DB") but not in a way that suggests endorsement or confuses the source of a product. The name of the open language may be used freely to describe compatible implementations.

9.4 Feedback. If you give us suggestions, bug reports or other feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or attribution. We will not identify you as the source without your consent.

9.5 Your name and logo. We may identify you as a customer by name and logo in customer lists and marketing materials until you ask us in writing to stop.

10. Third-party services and AI model providers

10.1 Your providers. The Services store state; they do not run language models or other AI inference on your behalf. Any model, agent framework, MCP client, identity provider or other tool you connect to the Services is a third-party service governed by its own terms and privacy practices. When you send Customer Data to such a service through an Agent, you, not Tourbillon, are the party disclosing it.

10.2 Our providers. We use third-party providers to deliver the Services, including Microsoft Azure for hosting, Stripe for payments and Google for optional sign-in. Our current subprocessors for Customer Data are Microsoft Azure and Stripe; if that changes we will update these Terms or our Privacy Policy. Their terms apply to your direct use of their services (for example, Stripe's terms when you enter a card).

10.3 Integrations we publish. Plugins and integrations we publish for third-party hosts (such as Claude Code, Cowork or other agent runtimes) are either Open-Source Software under their own license or part of the Services under these Terms, as marked in their repository. We are not responsible for the third-party host.

11. Confidentiality

Each party will protect the other's Confidential Information with at least reasonable care, use it only to perform under these Terms, and disclose it only to employees, contractors, advisers and, in our case, the subprocessors in section 10.2, who need it and are bound by comparable obligations. Confidential Information means non-public information disclosed in connection with the Services that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is your Confidential Information; the non-public parts of the Services, Self-Hosted Software, pricing and roadmap are ours. Information that is public, already known to the recipient, independently developed, or received from a third party without restriction is not Confidential Information. A party may disclose Confidential Information when required by law or court order, after giving reasonable notice where lawful. These obligations last for three years after the Terms end, and for Customer Data and trade secrets for as long as the information remains confidential.

12. Warranties and disclaimers

12.1 Mutual. Each party warrants that it has the authority to enter into these Terms and will comply with the laws applicable to its performance.

12.2 Our warranty for paid Plans. For paid Plans, we warrant that the Platform will perform materially as described in the Documentation. If it does not, your exclusive remedy is for us to use commercially reasonable efforts to correct the problem; if we cannot within 30 days of your notice, you may terminate the affected subscription and receive a refund of prepaid fees for the unused period.

12.3 Disclaimer. EXCEPT AS STATED IN SECTION 12.2, THE SERVICES, SELF-HOSTED SOFTWARE, PREVIEW FEATURES AND FREE PLAN ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WILL NOT BE LOST, OR THAT ANY AGENT OR MODEL YOU CONNECT WILL BEHAVE AS INTENDED. OPEN-SOURCE SOFTWARE IS PROVIDED UNDER ITS OWN LICENSE, WHICH CONTAINS ITS OWN DISCLAIMER. WHERE THE LAW DOES NOT ALLOW THESE EXCLUSIONS, THEY APPLY TO THE EXTENT PERMITTED.

12.4 No service level. Unless an Order Form includes a service level agreement, we make no uptime commitment.

12.5 High-risk use. The Services are not designed for use where failure could lead to death, personal injury, or severe environmental or property damage, and you will not use them for such purposes.

13. Indemnification

13.1 By you. You will defend Tourbillon and its officers, directors, employees and contractors against any third-party claim, and pay the resulting damages, costs and reasonable attorneys' fees finally awarded or agreed in settlement, arising from: (a) an allegation that Customer Data, or your or your Agents' collection, storage or use of it, violates the law or a third party's rights; (b) your breach of section 5.9 or section 6; or (c) any product or service you build using the Services.

13.2 By us. For paid Plans, we will defend you against any third-party claim that the Platform, as provided by us and used as permitted, infringes a United States patent, copyright or trademark or misappropriates a trade secret, and pay the resulting damages, costs and reasonable attorneys' fees finally awarded or agreed in settlement. This does not cover claims arising from Customer Data, Open-Source Software, Preview Features, the Free Plan, your modifications, combinations with things we did not supply, or use after we have told you to stop. If the Platform is or may be found infringing, we may obtain the right for you to keep using it, modify it so that it no longer infringes, or terminate your subscription and refund prepaid fees for the unused period. This section is our entire liability for infringement claims.

13.3 Process. The indemnified party must notify the other promptly, give it sole control of the defense and settlement (no settlement may admit fault or impose obligations on the indemnified party without its consent), and cooperate at the indemnifying party's expense.

14. Limitation of liability

14.1 Exclusions. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THE POSSIBILITY, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

14.2 Cap. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$500.

14.3 Carve-outs and super-cap. The exclusions and the cap in sections 14.1 and 14.2 do not apply to: your indemnification obligations under section 13.1; your payment obligations; a party's gross negligence, fraud or willful misconduct; or liability that cannot be limited by law. For our indemnification obligations under section 13.2, either party's breach of section 11, and our unauthorized disclosure of Customer Data in breach of section 5, the cap in section 14.2 is replaced by a cap equal to the greater of (a) three times the fees you paid us in the 12 months before the event giving rise to the claim and (b) US$1,500; the exclusions in section 14.1 continue to apply.

14.4 Basis of the bargain. These limits reflect a reasonable allocation of risk between the parties, and we would not provide the Services at these prices without them.

15. Governing law and disputes

15.1 Law. These Terms are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Informal resolution first. Before filing a claim other than for injunctive relief, a party must send the other written notice describing the dispute, and both parties must try in good faith to resolve it within 30 days.

15.3 Arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (or its Comprehensive Rules where the amount in dispute requires them), before a single arbitrator, in Los Angeles County, California, or by video conference if the arbitrator permits. The Federal Arbitration Act governs this section. The arbitrator may award to the individual party any relief a court could award, and judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees unless the arbitrator finds a claim or defense frivolous. If you are an individual using the Services for personal rather than business purposes, arbitration fees are allocated as the JAMS consumer rules require.

15.4 Class action and jury waiver. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT AWARD RELIEF TO OR AGAINST ANYONE OTHER THAN THE PARTIES. TO THE EXTENT A CLAIM PROCEEDS IN COURT, EACH PARTY WAIVES TRIAL BY JURY. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in the courts named in section 15.5 and the rest of this section 15 still applies.

15.5 Exceptions, courts and opt-out. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or Confidential Information. Any court proceeding permitted by this section 15 will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to their jurisdiction and venue. You may opt out of arbitration by emailing corporate@tourbillon.ai within 30 days after you first accept these Terms, stating your account email and that you opt out; if you do, disputes will be resolved in the courts named in this section.

15.6 Time limit. To the extent the law allows, a claim must be filed within one year after it arises.

16. Export controls and sanctions

The Services and Self-Hosted Software are subject to United States export control and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive US sanctions, and that you are not on any US government restricted-party list. You will not use, export or re-export the Services in violation of those laws, and you will comply with section 5.9 as to export-controlled data.

17. Changes to these Terms

We may update these Terms. We will post the new version at tourbillon.ai/terms with its effective date, and for material changes we will email Account Owners or show a notice in the Platform at least 30 days before the change takes effect. If you continue to use the Services after the effective date, you accept the change. For a paid subscription, a material change that reduces your rights takes effect at the later of the effective date and your next renewal, unless the change is required by law or applies only to a new feature. If you do not agree, cancel before the effective date. Changes to a signed Order Form require a signed amendment.

18. General

18.1 Entire agreement; precedence. These Terms, together with any Order Form, are the entire agreement about the Services and replace prior agreements on the subject. If documents conflict, the order of precedence is: the Order Form; these Terms; the Plan limits shown in your account; the rest of the Documentation. Terms on your purchase orders or vendor forms do not apply.

18.2 Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or a sale of substantially all of your assets, on notice to us. We may assign them to an affiliate or a successor.

18.3 Notices. We send legal notices to the Account Owner's email address, and may give operational notices (such as suspension, maintenance or limit changes) by email or in the Platform. You send notices to corporate@tourbillon.ai or by post to the address in section 19. Notices are effective when sent, or on receipt for postal notices.

18.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including cloud-provider outages, internet failures, acts of government, labor disputes or natural events. Payment obligations are not excused.

18.5 Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

18.6 Severability; waiver. If a provision is unenforceable, it is modified to the minimum extent needed and the rest remains in force. A failure to enforce a provision is not a waiver of it.

18.7 No third-party beneficiaries. No one other than the parties and the indemnified persons in section 13 has rights under these Terms.

18.8 Electronic contracting. You consent to receive notices and to enter into these Terms electronically. A printed copy of these Terms and of electronic notices is admissible as an original.

18.9 US Government users. The Services and Self-Hosted Software are commercial items; government users receive only the rights set out in these Terms.

18.10 Interpretation. Headings are for convenience only. "Including" means "including without limitation".

19. Contact

TOURBAI INC (doing business as Tourbillon AI)
2600 W Olive Ave, Burbank, CA 91505, United States

General: info@tourbillon.ai · Legal, security, support and copyright notices: corporate@tourbillon.ai · Phone: +1 805-416-0415

Effective date: November 1, 2026.