Terms & Conditions
Clear, fair and transparent terms for using TensorFoundry's AI infrastructure products and services. Built on trust, designed for enterprise.
Last updated: January 6, 2025
Agreement to Terms
Welcome to TensorFoundry. By accessing our website, using our products (FoundryOS, AgentOS, Olla), or engaging with our services, you agree to be bound by these Terms & Conditions ("Terms"). If you disagree with any part of these terms, please do not use our services.
TensorFoundry Pty Ltd is an Australian company based in Melbourne, Victoria. Throughout these Terms, "TensorFoundry," "we," "us," and "our" refer to TensorFoundry Pty Ltd. "You" and "your" refer to the individual or entity accessing or using our services.
Use of Our Services
Who can use TensorFoundry products
Eligibility
To use TensorFoundry services, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Represent an organisation with authority to bind that organisation (for commercial use)
- Comply with all applicable laws including export control regulations
Account Registration
Some services require you to create an account. When registering, you agree to:
- Provide accurate, current and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorised access
Business Use
TensorFoundry products are designed for professional and commercial use. If you're using our services on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms and "you" refers to both you individually and the organisation.
Software Licensing
Understanding your rights to use our software
Commercial Products: FoundryOS & AgentOS
FoundryOS and AgentOS are proprietary commercial software products. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use the software in accordance with your subscription plan
- Access and use documentation and support materials
- Make reasonable copies for backup and disaster recovery purposes
You may NOT:
- Reverse engineer, decompile, or disassemble the software
- Remove or modify proprietary notices or labels
- Rent, lease, lend, sell, sublicence, or distribute the software
- Use the software to develop competing products
- Exceed usage limits specified in your subscription plan
Open Source Product: Olla
Olla is open source software released under the Apache License 2.0. The Apache 2.0 license grants you broad permissions to:
- Use the software for any purpose, commercial or non-commercial
- Distribute original or modified copies
- Sublicence and create derivative works
- Patent rights for contributions made by TensorFoundry
For complete Apache 2.0 license terms, visit apache.org/licenses/LICENSE-2.0
Note: While Olla is open source, commercial support, hosting and enterprise features may be subject to separate commercial terms.
Third-Party Software
Our products may include or depend on third-party open source components. These components are subject to their respective licenses, which are included in our software distributions. We comply with all applicable open source licenses.
Acceptable Use Policy
Using our services responsibly
TensorFoundry is committed to ethical AI development and deployment. When using our services, you agree not to engage in any of the following prohibited activities:
Prohibited Uses
Illegal Activities
- Violating any applicable laws, regulations, or third-party rights
- Facilitating illegal activities or prohibited transactions
- Infringing intellectual property rights
- Violating export control or sanctions regulations
Harmful AI Applications
- Developing autonomous weapons or lethal autonomous systems
- Creating mass surveillance systems for oppressive purposes
- Building AI for discriminatory decision-making
- Generating deepfakes or synthetic media for deception
- Developing AI to manipulate or exploit vulnerable populations
Security & Abuse
- Attempting to breach, circumvent, or test security measures
- Introducing malware, viruses, or malicious code
- Conducting denial-of-service attacks or network flooding
- Unauthorised access to systems, networks, or data
- Scraping or harvesting data without permission
Misuse of Resources
- Using services in ways that degrade system performance
- Cryptocurrency mining without explicit authorization
- Reselling or redistributing services without permission
- Exceeding rate limits or usage quotas
We reserve the right to investigate suspected violations of this Acceptable Use Policy. If we determine you've violated these terms, we may suspend or terminate your access, remove content and report illegal activities to law enforcement. We'll provide notice when legally permissible.
Payment Terms
Pricing, billing and refunds
Subscription Plans & Pricing
TensorFoundry offers various subscription plans for FoundryOS and AgentOS, including free tiers, developer plans and enterprise agreements. Current pricing is available on our website. We reserve the right to modify pricing with 30 days' notice for existing customers.
Billing
- Billing Cycle: Subscriptions are billed monthly or annually, as selected
- Payment Methods: We accept major credit cards and other payment methods as displayed
- Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
- Taxes: Prices exclude applicable taxes (GST, VAT, sales tax), which will be added at checkout
- Failed Payments: If payment fails, we'll attempt to collect payment and may suspend services
Free Trials & Developer Plans
We may offer free trials or free-tier access to our products. Free trials:
- Are limited to one per customer or organisation
- May have feature or usage limitations
- Automatically convert to paid subscriptions unless cancelled
- May be modified or discontinued at any time
Refunds & Cancellations
Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period and you'll retain access until then.
Refund Policy: We offer refunds under the following circumstances:
- Within 14 days of initial purchase if you're not satisfied (first-time customers only)
- If we fail to deliver services as described
- If we discontinue a product without providing a suitable alternative
- As required by applicable consumer protection laws
Refunds are typically issued to the original payment method within 10 business days. Partial refunds for partial billing periods are calculated on a pro-rata basis.
Enterprise Agreements
Enterprise customers with custom agreements may have different payment terms, volume discounts, and service-level agreements (SLAs). Contact our sales team at legal@tensorfoundry.io for enterprise pricing.
Intellectual Property
Ownership and rights
TensorFoundry's IP Rights
TensorFoundry owns all rights, title and interest in and to our proprietary products, services, branding and content, including:
- FoundryOS and AgentOS software, source code and documentation
- TensorFoundry trademarks, logos and brand assets
- Website content, design and user interfaces
- Proprietary algorithms, models and AI systems
- Documentation, tutorials and training materials
Nothing in these Terms transfers ownership of our intellectual property to you. You receive only the limited licenses explicitly granted in the "Software Licensing" section.
Your Content & Data
You retain all rights to content, data and models you create, upload, or process using our services ("Your Content"). You grant TensorFoundry a limited license to:
- Host, store and process Your Content to provide services
- Make backups and copies necessary for service operation
- Use aggregated, anonymized usage data to improve our products
We do NOT:
- Claim ownership of Your Content
- Use Your Content to train our AI models without explicit consent
- Share Your Content with third parties (except as required to provide services)
- Mine Your Content for competitive intelligence
Feedback & Suggestions
If you provide feedback, suggestions, or ideas about our products ("Feedback"), you grant TensorFoundry a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize that Feedback without compensation or attribution. This helps us improve our products for all customers.
DMCA & Copyright Infringement
We respect intellectual property rights and comply with the US Digital Millennium Copyright Act (DMCA) and Australian Copyright Act. If you believe content on our platform infringes your copyright, contact us at legal@tensorfoundry.io with:
- Description of the copyrighted work claimed to be infringed
- Location of the allegedly infringing material
- Your contact information
- Statement of good faith belief that use is not authorized
- Statement that notification is accurate and you're authorized to act
Privacy and Data Protection
Your privacy is fundamental to how we operate. Our comprehensive Privacy Policy explains how we collect, use and protect your data.
Data Collection
We collect only necessary data to provide our services. We don't use cookies on our website, don't track you across the internet and use privacy-respecting analytics.
Data Protection
We implement enterprise-grade security including encryption in transit (TLS 1.3) and at rest (AES-256), access controls and regular security audits.
Data Sovereignty
TensorFoundry is an Australian company. We comply with the Australian Privacy Act 1988 and GDPR. We never sell, rent, or share your data with third parties.
Your Rights
You have the right to access, rectify, erase and port your data. You can exercise these rights at any time by contacting us at legal@tensorfoundry.io.
Limitation of Liability
To the maximum extent permitted by law:
Direct Damages Cap
TensorFoundry's total liability to you for any claims arising from or related to these Terms or your use of our services is limited to the greater of:
- The fees you paid to TensorFoundry in the 12 months preceding the claim, OR
- AUD $1,000
Exclusion of Consequential Damages
TensorFoundry will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or business interruption
- Loss of goodwill or reputation
- Cost of procurement of substitute goods or services
- Damage to AI models, training data, or machine learning systems
This limitation applies even if TensorFoundry has been advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).
Exceptions
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Gross negligence or willful misconduct
- Any liability that cannot be excluded or limited under applicable law
Warranties and Disclaimers
Limited Warranty (Commercial Products)
For paid subscriptions to FoundryOS and AgentOS, we warrant that:
- Services will perform substantially as described in our documentation
- We will use commercially reasonable efforts to maintain service availability
- We will provide updates and security patches for the duration of your subscription
If we breach this warranty, your exclusive remedy is service credit or, at our discretion, refund of fees paid for the affected period.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED ABOVE, TENSORFOUNDRY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that services will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy, reliability, or completeness of content
- Warranties that defects will be corrected
AI-Specific Disclaimers
Artificial intelligence and machine learning systems are inherently probabilistic and may produce unexpected or incorrect results. We specifically disclaim:
- Accuracy or correctness of AI model outputs
- Fitness of AI systems for safety-critical applications
- Freedom from bias, fairness, or compliance with AI ethics principles
- Performance of models trained or deployed using our platform
You are responsible for validating AI outputs, testing models and ensuring systems meet your requirements before deployment.
You acknowledge that AI systems carry inherent risks and uncertainties. You assume all responsibility for testing, validating, monitoring and using AI systems built with our platform. Do not use TensorFoundry products for safety-critical applications without extensive validation and human oversight.
Indemnification
You agree to indemnify, defend and hold harmless TensorFoundry, its affiliates, officers, directors, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of TensorFoundry services
- Your violation of these Terms or applicable laws
- Your Content, including any infringement of third-party rights
- AI systems you develop, train, or deploy using our platform
- Harm caused by your applications or AI models
- Your violation of third-party rights, including intellectual property rights
We reserve the right to assume exclusive defense and control of any matter subject to indemnification and you agree to cooperate with our defense of such claims.
Export Controls
TensorFoundry products may be subject to export control laws and regulations. For comprehensive information, see our Export Control Notice.
Your Responsibilities
You represent and warrant that you and your use of TensorFoundry services comply with all applicable export control laws, including:
- Australian Defence Export Controls and Defence Strategic Goods List (DSGL)
- US Export Administration Regulations (EAR), if applicable
- EU Dual-Use Regulations, if applicable
- International sanctions and embargoes
Prohibited Destinations & Entities
You may not use, export, re-export, or transfer TensorFoundry products to:
- Countries subject to comprehensive trade embargoes
- Individuals or entities on restricted party lists (SDN, Entity List, etc.)
- Military end users in restricted countries
- Any end use related to weapons of mass destruction
Violating export control laws can result in severe penalties including criminal prosecution. You are responsible for ensuring compliance with all applicable regulations. We may suspend or terminate access if we believe you are violating export controls.
Termination
Termination by You
You may terminate your account and stop using our services at any time by:
- Cancelling your subscription through your account settings
- Contacting us at legal@tensorfoundry.io
Termination takes effect at the end of your current billing period. You'll retain access until that time and no refunds will be issued for the remaining period unless required by law.
Termination by TensorFoundry
We may suspend or terminate your access to services immediately, with or without notice, if:
- You violate these Terms, including the Acceptable Use Policy
- Your account has been inactive for 12+ months (free tiers)
- Payment for services fails after reasonable collection efforts
- You engage in fraudulent, abusive, or illegal activity
- We're required to do so by law or court order
- We cease offering the service (with 30 days' notice when feasible)
Effect of Termination
Upon termination:
- Your license to use TensorFoundry software immediately terminates
- You must cease all use of our products and services
- You must delete all copies of our software in your possession
- We will delete or anonymize your account data per our Privacy Policy
- You may request an export of Your Content within 30 days (fees may apply)
Provisions that by their nature should survive termination will survive, including: Intellectual Property, Limitation of Liability, Warranties and Disclaimers, Indemnification, and Dispute Resolution.
Dispute Resolution
Resolving disagreements fairly and efficiently
Informal Resolution
Before initiating formal dispute resolution, we encourage you to contact us at legal@tensorfoundry.io to try to resolve the issue informally. We're committed to working with you in good faith to address concerns.
Mediation
If informal resolution fails, you and TensorFoundry agree to attempt to resolve disputes through mediation before pursuing arbitration or litigation. Mediation will be conducted:
- In Melbourne, Victoria, Australia (or remotely by agreement)
- By a mutually agreed mediator or through the Australian Disputes Centre
- With each party bearing its own costs
- With good-faith participation by both parties
Arbitration
If mediation is unsuccessful, disputes will be resolved by binding arbitration under the Australian Disputes Centre (ADC) Arbitration Rules:
- Venue: Melbourne, Victoria, Australia
- Governing Rules: ADC Arbitration Rules
- Number of Arbitrators: One (for claims under AUD $250,000) or three (for larger claims)
- Language: English
- Costs: Each party bears its own costs unless the arbitrator determines otherwise
Exceptions to Arbitration
Either party may seek injunctive or equitable relief in court to:
- Protect intellectual property rights
- Prevent violations of the Acceptable Use Policy
- Enforce confidentiality obligations
- Seek emergency or provisional relief
Class Action Waiver
You and TensorFoundry agree that any disputes will be resolved on an individual basis. You waive the right to participate in class actions, class arbitrations, or representative actions against TensorFoundry.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any disputes not subject to arbitration, you and TensorFoundry consent to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia.
If you're an Australian consumer, certain guarantees and rights under the Australian Consumer Law cannot be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies guarantees, warranties, or other rights you may have under Australian Consumer Law or other mandatory consumer protection laws.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make changes:
We'll Notify You
Material changes will be communicated via email (if we have your address) and a prominent notice on our website at least 30 days before they take effect.
Review Period
You'll have 30 days to review changes. If you object to the revised Terms, you may terminate your account before the effective date. Termination will take effect at the end of your current billing period.
Continued Use = Acceptance
If you continue using TensorFoundry services after the effective date of revised Terms, you accept the changes. The "Last updated" date at the top of this page indicates the most recent revision.
We maintain a version history of these Terms on our GitHub repository for full transparency. You can review previous versions and see exactly what changed.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements you enter into with TensorFoundry, constitute the entire agreement between you and TensorFoundry regarding your use of our services.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be reformed to the minimum extent necessary to make it enforceable.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is effective unless made in writing and signed by authorized representatives of TensorFoundry.
Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
Force Majeure
Neither party will be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, or interruptions in internet connectivity or hosting services.
Relationship of Parties
These Terms do not create a partnership, joint venture, agency, or employment relationship. You have no authority to bind TensorFoundry or incur obligations on our behalf.
Third-Party Beneficiaries
These Terms are for the benefit of you and TensorFoundry only and are not intended to confer third-party beneficiary rights on any other person or entity, except that affiliates of TensorFoundry may enforce indemnification and liability limitation provisions.
Contact Information
Questions about these Terms? Need clarification on licensing, compliance, or your obligations? We're here to help.
Postal Address
TensorFoundry Pty Ltd
Level 32 / 367 Collins Street
Melbourne, Victoria
Australia