TurboML, Inc. Terms of Service

Last Updated: August 1, 2024

If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.

This Agreement is between TurboML, Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.

If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.

Cover Page

Order Form

Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.0, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.

Cloud Service: a Machine Learning Platform

Order Date: The Effective Date

Subscription Period: 1 month(s)

This is a Free Trial offering. Subscriptions will be covered in a separate agreement.

Payment Process: Bill by invoice: Provider will invoice Customer monthly. Customer will pay each invoice within 5 day(s) from the last day of the Subscription Period.

Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.

Key Terms

Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.

Provider: TurboML, Inc.

Effective Date: The date Customer first accepts this Agreement.

Governing Law: The laws of the State of Delaware

Chosen Courts: The state or federal courts located in Delaware

Covered Claims:

• Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
• Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).

General Cap Amount: The fees paid or payable by Customer to provider in the 12 month period immediately before the claim

Notice Address:

• For Provider: [email protected]

• For Customer: The main email address on Customer's account

Changes to the Standard Terms

Free Trial: Under the Free Trial offering

• Sections 7.3 (Representations & Warranties from Provider), 7.4 (Provider Warranty Remedy), and 10 (Indemnification) do not apply.
• There are no Increased Claims or Unlimited Claims.
• The General Cap Amount is $1,000 for all claims.
• Either party may immediately terminate the Agreement during the Free Trial offering for any or no reason by giving notice to the other party