Terms & Conditions

1. Definitions

• Aggregated Statistics: Anonymized data related to your use of the Services, used by turgo.ai to analyze performance.
• Authorized User: Employees, consultants, contractors, and agents authorized by you to use the Services, for whom access has been purchased.
• Confidential Information: Proprietary or sensitive business information, not publicly known, disclosed by either party.
• Customer: Refers to you and your Authorized Users.
• Customer Account: Your account on the Services.
• Customer Property: Data or content you provide to turgo.ai, including inputs, outputs, and data from Third-Party Products.
• Documentation: User manuals and instructional materials for the Services, available on turgo.ai's website.
• Feedback: Suggestions or recommendations for improving the Services.
• Input: Information you provide to the Services via prompts, which you own or have rights to.
• Intellectual Property Rights: Legal protections for patents, copyrights, trademarks, and trade secrets.
• turgo.ai Property: Services, Documentation, and related content, excluding Customer Property, but includes Aggregated Statistics.
• Output: Content generated by the Services based on your Input, excluding turgo.ai Property.
• Privacy Policy: Our privacy policy available on turgo.ai's website.
• Services: The online/mobile services, website, and software provided by turgo.ai.
• Term: The duration of your active subscription to the Services.
• Third-Party Products: External products or services accessible through the Services.
• User(s): Individuals who access or use the Services.
• User Accounts: Different types of accounts for various User roles.

2. Access and Use

• Eligibility: By using our Services, you agree to these Terms. You must be able to form a binding contract and comply with all laws. Services are not available to individuals under 13 (or under 16 in Europe) or those previously removed by turgo.ai.
• Provision of Access: Upon payment and compliance with this Agreement, turgo.ai grants you a revocable, non-exclusive, non-transferable right to use the Services for internal purposes during the Term. We will provide access credentials.
• Documentation License: You are granted a non-exclusive, non-sublicensable license to use the Documentation for internal purposes in connection with the Services.
• Accounts: Your Customer Account provides access to our Services. If for a company, "you" includes both you and the entity. You must not use others' accounts and must secure your account and password. Notify us of any unauthorized use. You can manage your account settings and email preferences via your settings page.
• Use Restrictions: You and your Authorized Users must not:
• Copy or distribute parts of the Services;
• Use automated systems to excessively access the Services;
• Transmit spam or interfere with system security;
• Violate our Fair Use Policy;
• Upload harmful software;
• Collect personal information from the Services;
• Use the Services for illegal purposes or impersonate others.
• Aggregated Statistics: Aggregated Statistics may be collected and used from your use of the Services, with turgo.ai retaining all rights to such data. This data may be published or used in compliance with the law, ensuring it does not identify you or your Confidential Information.
• Reservation of Rights: All rights not expressly granted are reserved by turgo.ai. Nothing in this Agreement gives you rights to turgo.ai Property beyond those expressly granted.
• Suspension: turgo.ai may suspend or terminate your access at our discretion, including for security reasons, illegal activities, or legal restrictions, without prior notice.
• Changes to Services: turgo.ai may change, limit, or discontinue Services or features without notice, and suspend or terminate access if you violate these Terms.
• Processing of Personal Data: Providing Personal Data is not required to use the Services. If you submit Personal Data, you must sign a Data Processing Addendum (DPA), which will be part of this Agreement. Processing will follow our Privacy Policy.
• In-Product Cookies: We use First Party Cookies to collect information for Service functionality. See our Cookie Policy for further details.

3. Intellectual Property Rights

• Customer Property: You retain full ownership of your content (Customer Property) but grant turgo a broad, perpetual, royalty-free license to use, modify, and distribute it for purposes such as improving AI models and promoting services. You also grant turgo a non-exclusive license to use your name, trademarks, and logos. You are responsible for ensuring you have the necessary rights and that your content does not violate third-party rights.
• turgo Property: All rights to turgo Property (including software, content, and aggregated statistics) are exclusively owned by turgo and its licensors. You may not sell, license, modify, or create derivative works from turgo Property unless explicitly permitted.
• Feedback: Any feedback you provide to turgo is considered non-confidential. By submitting feedback, you assign all related intellectual property rights to turgo without expectation of compensation.
• DMCA Notice: turgo complies with the Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed, submit a DMCA takedown notice. False claims may lead to legal consequences. turgo reserves the right to terminate users who repeatedly violate intellectual property rights.

4. Customer Responsibilities and Usage Requirements

• Acceptable Use: You must comply with all applicable laws and turgo's Acceptable Use Policy. Any access or use of the services, whether by you or authorized users, is your responsibility. Acts or omissions by authorized users that breach this Agreement are considered your responsibility. You must ensure that all authorized users comply with these terms.
• Account Use and Credentials: You are responsible for safeguarding passwords and access credentials. Unauthorized access should be promptly reported, and passwords must not be sold or transferred.
• Third-Party Products: Access to third-party products via the services is subject to their own terms. turgo is not responsible for these third-party products or any associated customer content. Your interactions with third-party advertisers or products are solely at your own risk.
• Usage Requirements: When using turgo services, you agree to:
• Follow all laws, regulations, and turgo's terms.
• Respect intellectual property rights.
• Align generated content usage with OpenAI's mission.
• Avoid violating third-party rights or agreements.
• Comply with any restrictions (e.g., call rate limits).
• Minimize societal harm, particularly with generated content.
• Prohibited Activities: You must not:
• Post infringing or illegal content.
• Resell or replicate the services.
• Tamper with or reverse-engineer the services.
• Distribute malware or unauthorized software.
• Attempt to access proprietary models, algorithms, or systems.
• Circumvent security protections.
• Send spam or engage in misleading practices.
• Impersonate others or misuse personal data.
• Engage in illegal activities (e.g., child pornography, gambling).
• Monitoring: turgo reserves the right to monitor service usage, remove objectionable content, and cooperate with law enforcement for compliance.

5. Subscription and Payment

• Billing Policies: Certain turgo services may require a fee. By using these services, you agree to the current Pricing and Payment Terms, which can be updated periodically. turgo reserves the right to introduce new services, amend existing service fees, or adjust charges at any time, with changes taking effect in the billing cycle following notice.
• No Refunds: You can cancel your subscription at any time, but no refunds will be provided for cancellations, unused time, or terminated accounts. If an account is suspended or terminated, no refund will be issued for any unused portion of the subscription or associated data.
• Free Trials: Free trials may be offered for select services. If a free trial is followed by a paid subscription, your payment method will be automatically charged once the free trial ends. You must cancel the subscription before the trial expires to avoid charges. If cancellation occurs during the free trial, it may take effect immediately.
• Risk of Loss: For physical products purchased through turgo services, the risk of loss transfers to you upon delivery to the carrier. turgo is not liable for loss or damage during shipment.
• Payment Information and Taxes: Payments are processed through third-party services such as Stripe. By using turgo services, you agree to the Stripe Services Agreement. All payment information must be accurate and current, and you agree to pay any associated fees or taxes at the time of purchase or subscription renewal. Payments are non-refundable and non-transferable unless otherwise specified in the terms.

6. Confidential Information and User Content

Confidential Information

• Disclosure and Use: turgo and the customer may share confidential information. The receiving party must not disclose this information except to employees or contractors who need it to fulfill obligations. All individuals with access must protect this confidential information under terms no less strict than those in the agreement.
• Legal Disclosure: Each party may disclose confidential information if required by law or court order, but must notify the other party beforehand and seek to protect the information as much as possible.
• Duration of Non-Disclosure: The obligations to keep confidential information secret last for five years after the initial disclosure, except for trade secrets, which remain protected as long as applicable law allows.
• Security of Personal Information: turgo takes the security of your personal information seriously, but cannot guarantee that third parties will never breach security measures. You acknowledge that you provide personal information at your own risk.

User Content

• Posting Content: The services allow storing or sharing "User Content". turgo does not claim ownership but receives a license to use it for operating and improving services when content is posted.
• Licenses and Permissions: By sharing User Content, you grant turgo a non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, and display the content for service-related purposes.
• User Responsibility: You are responsible for ensuring you have all necessary rights to share your content, that it does not infringe on others' rights, and that it will not violate intellectual property, privacy, or other legal obligations.
• Content Removal: You can remove User Content at any time, but acknowledge that some posts or comments might not be fully deleted from the system. turgo is not liable for the inability to remove all instances of content.
• Generated Content: Subject to compliance with terms, turgo grants you a non-exclusive, worldwide license to use, modify, sell, and distribute content generated through the platform for lawful business purposes.
• Intellectual Property: Any content provided by turgo, including Generated Content, remains the property of turgo or its licensors. You are licensed to use this content within the limits provided by the service.

7. Warranty Disclaimer

The services provided by turgo are available on an "As Is" and "As Available" basis. You use the services at your own risk.

To the maximum extent permitted by law, turgo disclaims all warranties, whether express or implied, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

turgo does not warrant that:

• The service content will be accurate, reliable, or correct;
• The services will meet your requirements;
• The services will be uninterrupted, secure, or available at any particular time or location;
• Any defects or errors will be corrected.

There is no warranty that the services are free of viruses or other harmful components.

Any content or data you download or obtain through the use of the services is done at your own risk, and you will be solely responsible for any damages or liabilities, including damage to your device or data loss.

turgo does not warrant, endorse, or assume responsibility for any product or service offered by a third party through its platform or via a hyperlink, and turgo will not be involved in any transactions between you and third-party providers.

8. Limitation of Liability

• Exclusion of Certain Damages: To the maximum extent permitted by law, turgo, along with its service providers and licensors, will not be liable for: incidental, special, exemplary, or consequential damages; lost profits, lost revenues, lost savings, lost business opportunities, or loss of data or goodwill; service interruptions, computer damage, system failure, or the cost of substitute services arising from the use or inability to use the services, regardless of the legal theory.
• Total Liability Cap: In no event will turgo's total liability, in connection with these terms or from your use or inability to use the services, exceed:

  a. The amounts paid or payable by you to turgo for the services, or

  b. One hundred dollars ($100) if you have no payment obligations to turgo.

• Fundamental Basis of the Agreement: The limitations of liability outlined here are a fundamental part of the agreement between you and turgo. They reflect the agreed allocation of risk between the parties and are essential to the pricing and offering of the services.

9. Governing Law, Arbitration, and Class Action/Jury Trial Waiver for turgo

Governing Law

• You agree that:

1. The services provided by turgo shall be deemed solely based in North Carolina.
2. The services are considered a passive platform, not giving rise to personal jurisdiction over turgo in any jurisdiction outside of North Carolina.
3. This agreement will be governed by the laws of the State of North Carolina, without consideration of its conflict of laws principles.
4. The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of the Arbitration Agreement.
5. The state and federal courts in North Carolina will have exclusive jurisdiction for disputes relating to intellectual property and appeals of arbitration decisions.

Arbitration

• Agreement to Arbitrate: You and turgo agree to resolve any disputes through binding arbitration rather than in court, except as provided herein. This applies to disputes arising out of the agreement, use of services, or the relationship with turgo.
• Opt-Out Option: New users may opt-out of this Arbitration Agreement within 30 days by emailing turgo at support@turgo.ai
• Process: Informal resolution must be attempted first via support@turgo.ai. If unresolved after 60 days, it will be submitted to AAA arbitration in North Carolina or your county of residence.
• Exceptions: Small claims court for qualifying disputes; injunctive relief from courts to protect intellectual property and data security.

Class Action and Jury Trial Waiver

• Waiver of Class Action Rights: All disputes must be brought in an individual capacity. You and turgo waive the right to bring or participate in any class, collective, or representative action.
• Waiver of Jury Trial: By agreeing to these terms, you and turgo waive the right to a trial by jury for any claims.

10. Modifications to the Agreement and Service Changes

• Modifications to the Agreement: You acknowledge and agree that turgo has the right, in its sole discretion, to modify this Agreement from time to time. Modifications become effective upon posting.
• Notification: We will notify you of material modifications through direct email or a visible banner.
• Acceptance: Your continued use of the Services after the effective date of modifications will be considered acceptance of the updated terms.
• Service Levels: turgo will provide at least 30 days' advance notice of any changes to service levels anticipated to result in a material reduction in quality.
• Changes or Discontinuation: turgo reserves the right to change or discontinue all or any part of the Services at any time, without prior notice.

11. Indemnity

• Indemnification by You: You agree to indemnify, defend, and hold harmless turgo, its affiliates, licensors, and each of their officers, directors, employees, and agents from any and all claims, liabilities, and expenses arising from: your access to or use of the Services; your User Content; violation of Terms; or infringement of intellectual property rights.
• Indemnification by Customer: You agree to defend and indemnify the turgo Indemnified Parties against claims arising from: use of Services; violation of Agreement; violation of third-party rights; violation of law; Customer Property submitted via your account; willful misconduct; or unauthorized access using your credentials.
• Cooperation: You agree to promptly notify turgo of any claim and cooperate in the defense of such claim.

12. Contact Us

If you have any questions or concerns about this terms of service, please contact us at:

• Email: sales@turgo.ai
• USA Address: 4030 Wake Forest Rd STE 349 Raleigh, NC 27609

We will respond to your inquiry as promptly as possible.