Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Tyndal AI agent platform ("Service") operated by Tyndal ("we," "our," or "us"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of Service

Tyndal provides a managed AI agent platform that includes persistent memory, multi-channel communication (web, email, SMS, Discord, Slack, and other channels), tool integrations, and workflow automation. Your AI agent learns from interactions to provide personalized assistance. For details on how agent memory works, see Section 3 of our Privacy Policy.

3. Account Registration

You must provide accurate and complete registration information.
You are responsible for maintaining the security of your account credentials.
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
You are responsible for all activity that occurs under your account.
You must notify us immediately of any unauthorized access to your account.
You may not assign or transfer your account to another person or entity without our written consent.

4. Subscription Plans and Payment

4.1 Plans

The Service is offered on a subscription basis with the following tiers:

Personal ($29/month): Single-user agent with core integrations and memory.
Family ($49/month): Multi-user household agent with shared and private memory spaces.
Team ($149/month): Multi-user business agent with team tools, approval workflows, and information barriers.
Enterprise (custom pricing): Custom deployment, dedicated support, SLAs, HIPAA compliance, and advanced security features.

Feature details, message limits, and integration allowances for each plan are available at tyndal.ai/pricing. Plan features are subject to change with 30 days' notice.

4.2 Free Trial

New accounts receive a 30-day free trial. A payment method is not required to start the trial. At the end of the trial period, you must select a paid plan to continue using the Service. If you do not select a plan, your account will be suspended (not deleted) and your data will be retained for 30 days, during which you may reactivate by selecting a plan.

4.3 Billing

Subscription fees are billed in advance on a monthly basis and auto-renew unless cancelled.
Usage-based charges (if applicable to your plan) are billed in arrears at the end of the billing cycle.
If your usage exceeds your plan's included limits, you will be notified and may be charged overage fees or asked to upgrade. We will not charge overages without prior notice.
All fees are in U.S. dollars and are non-refundable except as required by law.
We reserve the right to change pricing with 30 days' notice. Price changes will not apply until your next billing cycle after the notice period.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period - you will retain access until then. Upon cancellation, your data will be retained for 30 days (see Section 14 for details).

4.5 Downgrades

If you downgrade to a lower tier, features and limits above the new plan's allowances will become unavailable at the start of the next billing period. Your data (including agent memory, conversation history, and integrations) will be retained, but access to features specific to higher tiers will be restricted until you upgrade.

5. Acceptable Use

You agree not to use the Service to:

Violate any applicable law or regulation.
Infringe on the intellectual property rights of others.
Transmit malware, spam, or other harmful content.
Attempt to gain unauthorized access to the Service, other accounts, or other tenants' data.
Use the Service to harass, threaten, or harm others.
Generate content that is illegal, harmful, or violates third-party rights.
Reverse engineer, decompile, or attempt to extract the source code of the Service.
Use the Service in a way that could overload, impair, or compromise our infrastructure.
Resell or redistribute the Service without our written permission.

5.1 AI-Specific Prohibited Uses

In addition to the general restrictions above, you agree not to:

Attempt to manipulate, jailbreak, or override your agent's safety guidelines or system instructions through prompt injection or similar techniques.
Use your agent to generate content that violates our AI providers' acceptable use policies.
Attempt to extract training data, model weights, or proprietary information from the underlying AI models through your agent.
Use your agent to automate harassment, spam, social engineering, or phishing at scale.
Circumvent the platform's model routing system, approval gates, rate limits, or safety mechanisms.
Use the Service to create agents that impersonate real people without their consent.

6. Your Data

You retain ownership of all data you provide to the Service ("Your Data").
You grant us a limited license to use Your Data solely to provide the Service to you.
We will not use Your Data to train AI models. Your conversations, knowledge graph, and agent memory are yours. We do not use them to train, fine-tune, or improve any AI model. "Improving the Service" (as referenced in our Privacy Policy) refers to analyzing aggregate, anonymized usage patterns - not your content.
Your Data is stored and processed in accordance with our Privacy Policy.
You may export or delete Your Data at any time through the Service or by contacting us (see Section 14).

7. AI Agent Scope and Limitations

7.1 Agent Capabilities

Your AI agent can:

Respond to your messages across connected channels.
Build and maintain persistent memory as described in our Privacy Policy Section 3.
Take actions through connected integrations (sending emails, scheduling events, managing tasks, executing workflows).
Proactively reach out to you based on configured triggers (reminders, notifications, scheduled check-ins).

7.2 Approval Gates

You can configure which agent actions require your explicit approval before execution (e.g., sending emails, making purchases, modifying data in connected services). Approval gates are configurable per action type and per integration. You are responsible for configuring approval settings appropriate to your use case.

7.3 Limitations and Disclaimers

You acknowledge and agree that:

AI agents may produce inaccurate, incomplete, or inappropriate responses. You are responsible for verifying critical information before acting on it.
AI agents should not be used as a substitute for professional advice (medical, legal, financial, etc.).
We do not guarantee uninterrupted or error-free service (see Section 11).
Agent capabilities may change as we update and improve the Service.
Actions taken by your AI agent on your behalf are your responsibility. This includes emails sent, calendar events created, messages posted, and any other actions executed through connected integrations - whether auto-approved or manually approved.
If an integration failure or agent error causes an unintended action (e.g., email sent to wrong recipient, incorrect calendar invite), we will work with you to mitigate the impact but are not liable for consequences of agent actions (see Section 15).

8. Beta and Preview Features

We may offer features labeled as "Beta," "Preview," "Experimental," or similar designations. These features:

Are provided "as is" without any warranty or SLA.
May be modified, suspended, or discontinued at any time without notice.
May contain bugs, errors, or incomplete functionality.
Are separate from our generally available service commitments.
By using beta features, you agree that any feedback you provide may be used to improve the Service without compensation or attribution.

9. SMS/Messaging Terms

If you enable SMS or messaging channels:

You consent to receiving text messages from your AI agent at the phone number(s) you provide.
Message and data rates may apply based on your mobile carrier plan.
Message frequency varies based on your usage of the Service and your agent's configured behaviors.
You can opt out of SMS at any time by texting STOP to your agent's phone number.
For help, text HELP to your agent's phone number or contact support@tyndal.ai.
SMS services are provided via Twilio. Twilio's Terms of Service and Privacy Policy also apply.
We are not responsible for delayed or undelivered messages due to carrier issues, network outages, or Twilio service disruptions.

For details on how your phone number and messaging data are handled, see Section 10 of our Privacy Policy.

10. Third-Party Integrations

The Service integrates with third-party platforms (Google Workspace, Slack, Discord, GitHub, and others).
Your use of third-party services is subject to their respective terms and privacy policies.
We are not responsible for the availability, accuracy, or policies of third-party services.
You are responsible for maintaining valid credentials for connected services.
If a third-party service changes its API, terms, or availability, the corresponding integration may be modified or discontinued.

11. Service Availability and SLA

11.1 Availability Target

We target 99.9% uptime for the core Service (agent messaging, memory, web application), measured monthly, excluding scheduled maintenance. Current service status is available at status.tyndal.ai.

11.2 Scheduled Maintenance

We will provide at least 24 hours' notice for scheduled maintenance that may affect availability, except in cases of urgent security patches. Maintenance windows will be scheduled during off-peak hours when possible.

11.3 Service Credits (Enterprise Plans)

Enterprise customers with executed SLAs are eligible for service credits if uptime falls below the agreed threshold. Credit amounts and claim procedures are defined in your Enterprise agreement.

11.4 Exclusions

Availability commitments do not apply to: third-party service outages (AWS, Anthropic, Twilio, etc.); scheduled maintenance; force majeure events (Section 20); or issues caused by your actions, integrations, or equipment.

12. API Terms

If you access the Service through our API:

API access is subject to rate limits based on your subscription plan. Current rate limits are documented at docs.tyndal.ai.
We will provide at least 90 days' notice before deprecating an API version. Deprecated versions will remain functional for at least 6 months after deprecation notice.
You may not use the API to build a competing service.
API keys are confidential and must not be shared publicly or embedded in client-side code.
We reserve the right to throttle or suspend API access that violates rate limits or acceptable use policies.

13. Intellectual Property

The Service, including its design, features, and underlying technology, is owned by Tyndal and protected by intellectual property laws.
You may not copy, modify, or create derivative works of the Service.
The Tyndal name, logo, and branding are our trademarks.
Content generated by your AI agent in response to your inputs is yours. We claim no ownership over agent-generated content.

14. Termination and Data Portability

14.1 Termination

You may cancel your account at any time through your account settings or by contacting us.
We may suspend or terminate your account for violation of these Terms with notice, except in cases of egregious violations (illegal activity, active harm to the platform) where immediate suspension may occur.
Upon termination, your right to use the Service ceases immediately.

14.2 Data Retention After Termination

After account termination, we will retain Your Data for 30 days from the date of account deactivation, during which you may export your data or reactivate your account. After 30 days, Your Data will be permanently deleted in accordance with Section 8.2 of our Privacy Policy.

14.3 Data Portability

You may export the following data at any time, including during the 30-day post-termination period:

Conversation history: Full transcripts including both your messages and agent responses, in JSON or CSV format.
Knowledge graph: Entities, relationships, and facts in JSON format.
Episodic memory: Conversation summaries and event records in JSON format.
Procedural memory: Learned workflows and preferences in JSON format.
Profile and account data: Your account information and settings in JSON format.

Data export is available through your account settings or by contacting support@tyndal.ai. There is no charge for data export.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYNDAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM: ACTIONS TAKEN BY YOUR AI AGENT; INACCURATE OR INCOMPLETE AGENT RESPONSES; INTEGRATION FAILURES; UNAUTHORIZED ACCESS DUE TO YOUR FAILURE TO SECURE YOUR CREDENTIALS; OR SERVICE INTERRUPTIONS.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT GENERATED BY YOUR AI AGENT WILL BE ACCURATE, COMPLETE, OR APPROPRIATE.

17. Indemnification

You agree to indemnify, defend, and hold harmless Tyndal, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service, including actions taken by your AI agent on your behalf.
Content you provide to or instruct your agent to generate, send, or publish.
Your violation of these Terms or any applicable law.
Your violation of third-party terms through agent actions or integrations.
Claims from your end users, customers, or other third parties arising from their interaction with your AI agent.
Your misuse of connected integrations or failure to configure appropriate approval gates.

18. Dispute Resolution

18.1 Informal Resolution

Before filing any formal proceeding, you agree to first contact us at legal@tyndal.ai and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved through direct communication.

18.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Tyndal agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Salt Lake County, Utah, or remotely at the election of either party.

You and Tyndal agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

18.3 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, power outages, internet or telecommunications failures, third-party service provider outages (including but not limited to AWS, Anthropic, Twilio, and other infrastructure providers), cyberattacks, or labor disputes. During a force majeure event, affected obligations are suspended until the event concludes.

21. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and updating the "Last updated" date, and by sending a notification through the Service or via email at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service before the effective date.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any executed Enterprise agreement or DPA, constitute the entire agreement between you and Tyndal regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

22.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

22.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, with notice to you.

22.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No third party (including your end users, customers, or any person interacting with your AI agent) gains any rights under these Terms.

22.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to Tyndal must be sent to legal@tyndal.ai. Notices are deemed received when sent by email.

23. Contact

For questions about these Terms, contact us:

Legal inquiries: legal@tyndal.ai
General support: support@tyndal.ai
Website: https://tyndal.ai