General Terms and Conditions
28.02.2024
Object and Description
Only the english version of this document is legally binding all versions of this document in languages that are not english are only provided for convenience.
This Agreement defines the conditions of use of the Turbular application.
The solution is that Customers can connect their internal applications to access an LLM-powered chat, dashboard editor, and writing assistant. The chat, dashboard editor, and writing assistant provide responses based on the connected applications and explain any variation in the business data.
On Turbular, the following definitions apply:
Company: refers to Turbular UG (haftungsbeschränkt) residing in Bad Homburg vor der Höhe, 61348, Germany, offering services to Customers.
Customer: refers to the ones willing to use Turbular’s chat, dashboard editor, writing assistant and data source connector.
Customer Data: the Customer Data is data of a different nature, which is provided by the Customer to the Company through its use of the Solution.
IPR: means all patents, utility models, trademarks, trade or business names, logos or strap lines, domain names, copyrights, moral rights, know-how, rights to prevent passing off or unfair competition, database rights, rights in designs, and all other intellectual property in each case whether registered or unregistered and including applications or rights to apply for them.
Online Offers: means the Solution’s offers made available by the Company on its website https://www.turbular.com/pricing available for the Customer’s online subscription and API credits. In case of a change in Turbulars pricing for online subscription, Turbular will inform its Customers and offer the option to terminate the subscription immediately.
Solution: means the solution developed by the Company Turbular that provides the Customer with a chat, dashboard editor, and writing assistant where the Customers can ask all of their business-related questions. The assistant can base his replies on data sources, which are to be provided by the customer on the data source connector page. On this page the user can connect Turbular to Databases, Data warehouses, Tabular Files, and APIs.
Support: means the service provided by the Company Turbular to assist the Customer in its use of the Solution.
Output Content: refers to the output generated by Turbulars machine learning model and general application based on a user request.
Input Content: refers to the input provided to a user when initiating a request to Turbulars application in addition to external information from data sources provided by the user to Turbular.
Access
Turbular relies on the Customer to guarantee the accuracy, entirety, and timeliness of the data provided to Turbular. Turbular has read-only access to the data sources connected to Turbular so there is no modification of data. Turbular can query data at regular intervals so that Turbular service can work with real-time data and be proactive in providing information to Customers.
Access to the chat, dashboard editor, and writing assistant, powered by a Large Language Model (LLM), is granted to Customers for the purpose of receiving automated assistance and information. The application retains the right to restrict or revoke access in the event of any misuse, abuse, or violation of the application's policies. The application does not guarantee the absolute accuracy or completeness of information provided by the LLM-powered chat, dashboard editor, or writing assistant.
Turbular retains the right to use the Customer Data for training machine learning models. The Customer has the option to exclude his Customer Data from the data used for training on the settings page of the Turbular application.
Intellectual Property
The entire contents of our Website and application, encompassing graphics, texts, and logos, are safeguarded by intellectual property regulations. Reproduction, whether in part or in whole, of any of our content is expressly forbidden.
You are not permitted to distribute or reproduce any data accessible on our Website or transmitted during the use of our services, except for your personal use and in compliance with this Agreement.
Liability
The solution will use some publicly available AI platforms, algorithms, and models (“Third-party AI Service Providers”) to generate the Output Content based on your Input Content.
- Turbular will be liable in accordance with applicable law:
- for willfulness and gross negligence
- for damage to life, limb, or health,
- for breach of a specific guarantee,
- for fraudulent misrepresentation and fraudulent concealment of a defect, and
- in accordance with the German Product Liability Act (Produkthaftungsgesetz).
- Turbular will also be liable in the event of a breach of an essential obligation under the Agreement due to slight negligence on the part of Turbular or any of its representatives, vicarious or surrogate agents, but limited to the foreseeable, typical damage. Essential obligations are obligations that necessarily need to be fulfilled to enable the performance of the Agreement and which the Licensee regularly relies on and may reasonably rely on.
- Except as set forth in Sections 1. and 2. Turbular's liability is hereby excluded.
- The exclusions and limitations of liability set forth in this Section equally apply to Turbular's legal representatives, vicarious and surrogate agents.
Data Protection
The Parties agree that the data processing agreement ('DPA') linked in the following Link forms an integral part of this Agreement to the extent Tubular is processing personal data on behalf of the Customer. The Parties agree to amend the DPA in good faith to the extent that this is required to comply with the applicable data protection laws.
Applicable Law and Jurisdiction
This Agreement is governed by German law.
In the event of a dispute, the Parties undertake to do their utmost to resolve the dispute amicably within one (1) month. After this period and in the absence of an amicable settlement, any and all disputes arising out or in connection with the Agreement shall be subject to the exclusive jurisdiction located in the jurisdiction of the Court of Appeal of Frankfurt.
Payment Terms
Turbular uses Stripe Inc in order to process payments by customers for Turbular's service. Thereby by accepting this agreement a potential Customer automatically agrees to the Terms of Services of Stripe. Turbular offers a free account and a paid account. Both account types are given a certain amount of credits each month that can be spent on interaction with Turbular's application. If a free account has exceeded his given credits he can not use Turbular's application anymore. If a paid account exceeds his given credits, Turbular will charge the Customer for each additional credit spent, exceeding the provided credits. At the end of the month Turbular will charge each paid account via Stripe Inc the monthly subscription fee as well as the number of credits over the given credits times the 'overdraft' fee as specified in the pricing page