These Consumer Terms of Service ("Consumer Terms") govern your individual access to and use of Tensflare's website and services (collectively, "Services"). By using our Services, you agree to these Consumer Terms. If you are using our Services on behalf of an organisation, the Commercial Terms of Service apply instead.
These Consumer Terms incorporate by reference the Acceptable Use Policy.
1. Eligibility and Account
1.1 Eligibility
You must be at least 18 years old and capable of entering into a binding agreement to use our Services. By using our Services, you represent that you meet these requirements.
1.2 Account Registration
When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to promptly notify us of any unauthorised use of your account.
1.3 Account Security
You must not share your account credentials with any third party or allow anyone else to access your account. We are not liable for any loss or damage arising from your failure to comply with these obligations.
2. Use of Services
2.1 Licence
Subject to your compliance with these Consumer Terms and the Acceptable Use Policy, Tensflare grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal or internal business purposes.
2.2 Acceptable Use
You agree not to:
- Use our Services for any unlawful purpose or in violation of applicable law
- Attempt to gain unauthorised access to our systems or user accounts
- Interfere with or disrupt the integrity or performance of our Services
- Upload or transmit viruses, malware, or malicious code
- Use our Services to generate, store, or transmit content that infringes on others' rights
- Reverse engineer, decompile, or disassemble our software except as permitted by applicable law
- Use automated means (bots, scrapers, crawlers) to access or extract data from our Services without our prior written consent
2.3 Service-Specific Terms
Certain Services may be subject to additional terms. By using those Services, you agree to the applicable additional terms, which are incorporated by reference.
3. User Content
3.1 Your Rights
You retain all rights to the data, documents, prompts, and content you submit to our Services ("User Content").
3.2 Licence to Tensflare
You grant us a worldwide, non-exclusive, royalty-free licence to access, use, process, store, transmit, and display User Content solely for the purpose of providing, maintaining, and improving our Services. This licence does not grant us ownership of your content.
3.3 Model Training
We may use User Content to train and improve our models unless you opt out through your account settings. Even if you opt out, we will use User Content for model improvement when conversations are flagged for safety review or when you have explicitly provided feedback.
3.4 Your Responsibilities
You represent and warrant that: (a) you own or have secured all rights necessary to submit User Content to our Services; and (b) User Content and your use of our Services will not violate any applicable law or third-party right.
4. Intellectual Property
4.1 Our Rights
All intellectual property rights in our Services, including software, design, trademarks, documentation, models, algorithms, and content, are owned by Tensflare Ltd. or its licensors. You may not reproduce, distribute, modify, or create derivative works of our intellectual property without our prior written consent.
4.2 Feedback
If you provide us with feedback, suggestions, or ideas about our Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that Feedback for any purpose, including improving our products and services.
5. Fees and Payment
5.1 Fees
Certain Services are subject to fees. Fees are non-refundable except as expressly stated or as required by applicable law.
5.2 Payment
You agree to provide accurate payment information. Late payments may result in suspension of access to paid Services.
5.3 Fee Changes
We may change our fees with 30 days' notice. Continued use of the Services after the fee change takes effect constitutes acceptance of the new fees.
5.4 Taxes
All fees are exclusive of applicable taxes, which you are responsible for paying.
6. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TENSFLARE'S PRODUCTS ARE TOOLS TO ASSIST LEGAL PROFESSIONALS. THEY DO NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR INDEPENDENT LEGAL JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ANY OUTPUTS BEFORE USE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENSFLARE LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE CONSUMER TERMS OR YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE CONSUMER TERMS SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
8. Termination
8.1 By You
You may stop using our Services at any time. You may delete your account through your account settings or by contacting us.
8.2 By Us
We may suspend or terminate your access to our Services at any time for violation of these Consumer Terms or the Acceptable Use Policy, with or without notice.
8.3 Effect of Termination
Upon termination, your right to use the Services immediately ceases. Sections 4 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 9 (Dispute Resolution), and 10 (General) survive termination.
9. Dispute Resolution
9.1 Informal Resolution
Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at sales@tensflare.com. We will attempt to resolve the dispute within 60 days.
9.2 Arbitration
If the dispute cannot be resolved informally, it shall be resolved by binding individual arbitration administered by the Lagos Court of Arbitration (LCA) under its arbitration rules. The arbitration shall be conducted in English and the seat of arbitration shall be Lagos, Nigeria.
9.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action, class arbitration, or representative proceeding.
9.4 Small Claims
Notwithstanding the foregoing, either party may bring an individual action in small claims court in Lagos, Nigeria, if the claim qualifies and remains in small claims court.
9.5 Equitable Relief
Nothing in this Section 9 prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.
10. General
10.1 Governing Law
These Consumer Terms are governed by the laws of the Federal Republic of Nigeria.
10.2 Entire Agreement
These Consumer Terms, together with the Acceptable Use Policy, constitute the entire agreement between you and Tensflare regarding your use of our Services and supersede all prior agreements and understandings.
10.3 Severability
If any provision of these Consumer Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10.4 Waiver
Our failure to enforce any right or provision of these Consumer Terms does not constitute a waiver of that right or provision.
10.5 Assignment
You may not assign or transfer your rights or obligations under these Consumer Terms without our prior written consent. We may assign these Consumer Terms without restriction.
10.6 Force Majeure
We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control.
11. Changes to These Terms
We may modify these Consumer Terms at any time. We will notify you of material changes by posting the updated terms on this page and updating the "Last updated" date. Continued use of our Services after changes constitutes acceptance of the new terms.
12. Contact
For questions about these Consumer Terms, contact us at:
- Email: sales@tensflare.com
- Legal notices: notices@tensflare.com
- Tensflare Ltd., Abuja FCT, Nigeria