Terms of Service

Effective Date: 04/11/2025
This Terms of Service Agreement (“Agreement”) is a legal agreement between you (“Customer,” “you,” or “your”) and Torpian (“Torpian,” “we,” or “us”). It governs your access to and use of the Torpian website, products, software, and services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by this Agreement and our Privacy Policy. If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organization to this Agreement.
If you do not agree with these terms, do not access or use the Services.

1. Definitions

• “Customer Data” means all data, information, or content submitted, uploaded, or otherwise made available by you through the Services, including inputs, prompts, and outputs.
• “Torpian Platform” means our predictive GTM simulator software, AI Buyer Twins, Market Pulse modules, or any related SaaS tools and dashboards.
• “Aggregated Data” means anonymized and aggregated information derived from Customer Data and usage patterns, used for analytics, research, and improving Torpian’s AI models and features.
• “Authorized Users” means your employees, agents, or contractors authorized to use the Services under your account.
• “Intellectual Property Rights” means all rights related to patents, copyrights, trade secrets, trademarks, and other proprietary rights under applicable law.

1. Access and Use
   a. Eligibility
   You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Services. You may not use the Services if you are barred from doing so under applicable law.
   b. License Grant
   Subject to your compliance with this Agreement and payment of applicable fees, Torpian grants
   you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes.
   c. Account Responsibilities
   You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at contact@torpian.com of any unauthorized access or breach.

d. Usage Restrictions
You agree not to:

• Copy, distribute, or modify the Services or any related materials.
• Use the Services to process or store unlawful, defamatory, or infringing content.
• Reverse engineer or attempt to extract source code.
• Use automated tools to scrape or overload our systems.
• Violate any applicable laws, including data privacy and export regulations.

1. Customer Data and Privacy
   a. Ownership
   You retain all rights to your Customer Data. Torpian does not claim ownership over the data, prompts, or outputs you create through the Services.
   b. License to Use Data
   You grant Torpian a limited, worldwide, royalty-free license to use, reproduce, and process Customer Data solely to:

• Provide and maintain the Services,
• Improve model accuracy and product performance (in aggregated and anonymized form), and
• Ensure compliance with applicable laws and this Agreement.
  c. Data Privacy
  Our use of Customer Data is governed by our Privacy Policy available at https://torpian.com/privacy-policy/
  Torpian follows a Zero-Data-Leave and Privacy-by-Design approach. Data shared for model learning or analytics is anonymized and aggregated, never sold or used for advertising.

1. Intellectual Property
   All Intellectual Property Rights in the Services, software, interfaces, and design elements are owned by Torpian or its licensors. Except for the limited rights granted here, no rights or licenses are transferred to you.
   Any feedback or suggestions you provide may be freely used by Torpian to improve its products
   and services without any obligation or compensation.
2. Third-Party Integrations
   The Services may integrate with third-party platforms (e.g., Google, Meta, or analytics APIs).
   These integrations are subject to their own terms. Torpian is not responsible for any data processed by or through such third-party systems.
3. Fees and Payment
   You agree to pay all fees as per the selected plan displayed on our pricing page or order form.

• Fees are non-refundable except as required by law.
• Subscriptions auto-renew unless cancelled prior to renewal.
• Payment methods are processed via secure third-party gateways (e.g., Stripe).
  We reserve the right to change pricing with prior notice before renewal.

1. Confidentiality
   Each party agrees to protect the other’s confidential information and not disclose it to third parties except as required to provide the Services or comply with law. Confidentiality obligations survive for five (5) years after termination.
2. Security
   Torpian uses industry-standard measures (encryption, access controls, audit trails) to protect Customer Data. However, no system is completely secure, and you acknowledge you provide
   data at your own risk.
3. Disclaimers
   The Services are provided “as is” and “as available.”
   Torpian disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement.
   We do not guarantee that the Services will be uninterrupted, error-free, or that generated outputs will always be accurate or suitable for your intended use.
4. Limitation of Liability
   To the maximum extent permitted by law, Torpian shall not be liable for:

• Any indirect, incidental, special, or consequential damages,
• Loss of profits, revenue, or business opportunities, or
• Any damages exceeding the amount paid by you in the twelve (12) months preceding the claim.

1. Indemnification
   You agree to defend, indemnify, and hold harmless Torpian, its officers, employees, and affiliates from and against any claims, damages, or expenses arising out of:

• Your use of the Services,
• Violation of this Agreement, or
• Infringement of any third-party rights.

1. Termination
   We may suspend or terminate your access if you violate this Agreement or applicable laws.
   Upon termination, your right to use the Services ceases immediately.
   You may request deletion of your account and associated data by contacting contact@torpian.com.
2. Governing Law and Dispute Resolution
   This Agreement shall be governed by the laws of India, without regard to conflict of law principles.
   Any disputes shall be subject to the exclusive jurisdiction of the courts in India.
   You and Torpian agree to first attempt informal resolution before initiating legal proceedings.
3. Modifications
   Torpian may update this Agreement from time to time. Updated versions will be posted on our website, and continued use of the Services after such changes constitutes acceptance of the revised terms.
4. Data Processing Addendum (DPA)
   For customers in the European Union, United Kingdom, or other GDPR-aligned jurisdictions, Torpian offers a Data Processing Addendum (DPA) that governs the handling of personal data.

• The DPA outlines the nature, purpose, and duration of processing, data subject rights, and security measures.
• Upon request, the DPA can be executed by contacting contact@torpian.com.
• The DPA forms an integral part of this Agreement for customers subject to data protection laws such as GDPR, CCPA, or India’s DPDP Act.

1. Fair Use and AI Output Disclaimer
   Torpian’s AI-generated insights, predictions, or recommendations are based on statistical patterns and public data signals.

• Outputs are for informational and decision-support purposes only.
• Torpian does not guarantee 100% accuracy, completeness, or performance outcomes.
• The Customer is responsible for independently validating all marketing, advertising, or financial decisions derived from Torpian’s outputs.
• Use of the Services constitutes your acknowledgement that AI-generated content is not professional advice, nor does it substitute human judgment.

1. Contact
   For any questions or concerns regarding this Agreement, please contact:
   Email: contact@torpian.com
   Website: www.torpian.com