Terms of service

1. Agreement and eligibility

These Terms of Service (“Terms”) govern access to and use of Turbyn’s platform, website and related services (“Service”). The agreement is between Turbyn (“Turbyn”, “we” or “us”) and the person or organization accepting these Terms (“Customer” or “you”).

By accepting these Terms or using the Service, you agree to them. If you act on behalf of an organization, you represent that you have authority to bind it. You must be at least 18 and legally able to enter into this agreement.

These Terms, your accepted order and any applicable data processing agreement form the agreement. An order signed by both parties controls any expressly conflicting commercial provision. The data processing agreement controls conflicts concerning the processing of customer personal data.

2. Access and accounts

Subject to this agreement and payment of applicable fees, you may access and use the Service for your business purposes during your subscription. You must provide accurate account information, protect login credentials and manage access by your authorized users. You are responsible for their use of the Service.

Notify support@useturbyn.com promptly if you suspect unauthorized access or compromised credentials. You are responsible for the permissions and credentials you provide to Turbyn and to your actions.

3. Customer content and integrations

You retain ownership of the code, data and other material you submit to the Service (“Customer Content”). You grant Turbyn permission to host, copy, build, execute, transmit and otherwise process Customer Content only as necessary to provide, maintain, secure and support the Service or comply with your instructions and applicable law.

You are responsible for the accuracy and lawfulness of Customer Content, required notices and permissions, third-party dependency licenses and the behavior of your code. Test actions before publishing them and maintain independent copies of important code and records. Tests, retries and replays may make external requests or repeat operations.

Third-party services, including HubSpot, are governed by their own terms, permissions and limits. Turbyn is not affiliated with or endorsed by HubSpot. We are not responsible for third-party services or changes to their availability, interfaces or policies.

Do not submit protected health information, payment card data, government identification documents, children’s personal data or other specially regulated data unless we have expressly agreed in writing to support that use.

4. Acceptable use

You must not:

• Use the Service unlawfully, infringe another person’s rights or submit information you are not authorized to process.
• Distribute malware, send unlawful bulk messages or facilitate fraud.
• Access another customer’s information, evade access controls or attempt to escape execution isolation.
• Mine cryptocurrency, circumvent billing or usage controls, or interfere with the Service or its infrastructure.
• Copy, resell or reverse engineer the Service except as expressly permitted by this agreement or applicable law.
• Use the Service for safety-critical activities where failure could cause death, personal injury or serious physical harm.

We may suspend affected access or operations where reasonably necessary to prevent harm, address a security risk, comply with law or remedy a material breach. We will give notice and an opportunity to resolve the issue where practicable. Urgent restrictions may take effect immediately. We will restore access when the reason for suspension has been resolved.

5. Plans, credits and payment

The pricing page describes the self-service plans:

• Free: 1,000 one-time credits.
• Pro: $99 per month, including 25,000 credits per billing month.
• Scale: $349 per month, including 100,000 credits per billing month.

Paid-plan credits reset each billing month and do not roll over. Connected portals share the workspace credit balance. Additional paid-plan usage is billed at $5 per 1,000 credits, prorated to actual usage and aggregated on the invoice, subject to applicable spend controls. Execution charges depend on allocated resources and execution time. Build time beyond the included allowance uses the same credit balance. A Free account does not automatically convert to a paid subscription.

Prices are in US dollars unless your order states otherwise. You are responsible for applicable taxes other than taxes on Turbyn’s income. By purchasing a paid subscription, you authorize recurring subscription charges and additional usage charges disclosed at checkout or in your order.

Keep payment information current. Usage limits, spend controls or overdue payments may prevent further executions. If you believe a charge is incorrect, contact hello@useturbyn.com promptly. We will work with you to resolve good-faith billing disputes.

6. Renewal, cancellation and refunds

Paid self-service subscriptions renew monthly unless canceled before the next renewal. You may cancel through the available billing controls or by contacting hello@useturbyn.com. Cancellation takes effect at the end of the current paid billing period. Charges already incurred, including additional usage, remain payable.

Plan changes take effect at the next billing period unless otherwise stated when the change is accepted. Except as required by law, expressly agreed in an order or provided below, fees are non-refundable and unused credits have no cash value.

We will give at least 30 days’ notice of changes to recurring subscription prices. Changes apply at renewal, and you may cancel before the new price takes effect. Enterprise pricing and subscription terms are set out in the applicable order.

7. Confidentiality and data protection

Each party may receive non-public business, technical or financial information from the other that is marked confidential or reasonably understood to be confidential. Customer Content is your confidential information.

The receiving party will use confidential information only to perform or exercise rights under this agreement and protect it with reasonable care. It may disclose the information to personnel, contractors and advisers who need it for those purposes and are bound by confidentiality obligations.

These obligations do not apply to information that becomes public without breach, was lawfully known without restriction, is received lawfully from another source or is independently developed. Disclosure required by law is permitted; where legally allowed, the receiving party will give notice and reasonable assistance in seeking protection.

Our privacy policy describes the handling of account, website and business-contact information. Our data processing agreement applies to customer personal data processed on your behalf.

8. Service availability and support

We use commercially reasonable efforts to provide and maintain the Service. Maintenance, security measures, network failures and third-party services may affect availability. No service-level guarantee or service credits apply unless expressly included in your order.

Contact support@useturbyn.com for product assistance. A support channel does not establish a guaranteed response or resolution time unless expressly agreed in writing.

9. Termination

Either party may terminate this agreement for a material breach that remains uncorrected 30 days after written notice. A party may terminate immediately where the breach cannot be remedied or continued performance would be unlawful.

You may stop using the Service and request account closure at any time, subject to outstanding payment obligations and the cancellation terms above. We may discontinue a paid Service on at least 30 days’ notice. If we discontinue it other than for your breach, or you terminate for our uncured material breach, we will refund prepaid subscription fees attributable to the unused remainder of the affected subscription period.

On termination, your right to use the Service ends. Arrange export of Customer Content and replacement of dependent workflow steps before closure. Return and deletion of customer personal data are governed by the data processing agreement. Payment obligations already incurred and provisions intended to survive, including confidentiality, ownership and liability, continue after termination.

10. Intellectual property

Turbyn and its licensors retain all rights in the Service, software, documentation, branding and related intellectual property, other than Customer Content. No rights are granted except those expressly stated in this agreement. Third-party and open-source components remain subject to their applicable licenses.

If you voluntarily provide suggestions, we may use them to improve the Service without an obligation to compensate you. This does not grant rights to your Customer Content or confidential information.

11. Warranty disclaimer

Except as expressly stated in this agreement, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, Turbyn disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that all third-party code and dependencies will function as intended.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages arising from this agreement.

Each party’s total liability arising out of or relating to this agreement is limited to the greater of $100 or the fees paid or payable by you for the Service during the 12 months preceding the event giving rise to the claim.

These limitations do not limit payment obligations, fraud, willful misconduct or liability that cannot lawfully be limited. They do not restrict an individual’s rights under applicable data-protection law or override liability provisions in mandatory data-transfer terms.

13. General terms

Disputes. Contact hello@useturbyn.com so the parties can attempt in good faith to resolve a dispute. Any governing-law or court-selection provision in a signed order applies. Otherwise, governing law and jurisdiction are determined under applicable law. Nothing in these Terms restricts non-waivable rights.

Changes. We may update these Terms. Material changes will be notified at least 30 days before taking effect, except where a shorter period is required by law or necessary to address an urgent security issue. You may stop using the Service and cancel before changes take effect. Continued use after the effective date constitutes acceptance to the extent permitted by law.

Assignment. Neither party may transfer this agreement without the other’s consent, except to a successor in a merger, reorganization or sale of substantially all relevant assets, provided the successor assumes the obligations.

Other provisions. This agreement is the entire agreement concerning its subject matter. If a provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. Neither party is responsible for delay caused by events beyond its reasonable control, except for payment obligations already incurred. Notices may be sent to the account contact or the contact address below.

14. Contact

For contractual notices and billing questions, contact Turbyn at hello@useturbyn.com. For product support, contact support@useturbyn.com.

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Adapted from the Common Paper Cloud Service Agreement, available under CC BY 4.0. Modified for Turbyn; this is not the unmodified Common Paper standard agreement.