Terms of Use / EULA

1. Acceptance and accounts

These Terms are an agreement between you or the organization you represent (“Customer”) and Klimber Technologies (“Klimber,” “Turn3,” “we,” “us,” or “our”). By creating an account, accepting an order, or using the Service, you agree to these Terms and the Privacy Policy.

You must provide accurate account information, keep credentials and ingest keys confidential, and promptly notify us of suspected unauthorized access. If you use Turn3 for an organization, you represent that you are authorized to bind it. Workspace administrators are responsible for inviting members, assigning roles, and managing connected-source permissions.

2. License and the Service

Subject to these Terms and payment of applicable fees, Klimber grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use Turn3 for Customer’s internal business purposes.

The Service may include the dashboard, APIs, SDKs, OTLP ingestion, session stitching, diagnosis, failure modes, evaluations, CI/CD gates, governed connectors, usage metering, and Enterprise Turnguard features made available for Customer’s plan. We may update or improve the Service, provided we do not materially reduce the core functionality of a paid plan during its current term.

Turn3 is provided as a hosted service unless an order or enterprise agreement expressly permits a self-hosted or customer-controlled deployment.

3. Customer data and responsibilities

“Customer Data” means telemetry, prompts, responses, tool events, files, source records, configuration, and other content submitted to or retrieved through the Service by or for Customer. Customer retains its rights in Customer Data. Customer grants Klimber the limited rights needed to host, transmit, normalize, redact, index, analyze, back up, and display Customer Data to provide and secure the Service.

• You must have all rights, permissions, notices, and legal bases required to send Customer Data to Turn3 and connect a governed source.
• You must not send payment-card data, passwords, access tokens, health information, or other sensitive data unless your use case and controls permit it.
• You are responsible for selecting redaction, retention, region, network, and access settings appropriate to your obligations.
• You must review diagnosis, evaluation, and Turnguard outputs before using them in consequential decisions.

Klimber may generate derived metadata such as trace relationships, session summaries, failure clusters, evaluation results, usage metrics, and cost estimates. These derived results are provided to Customer within the Service and may be aggregated or de-identified for service operations and improvement.

4. Governed connectors and AI output

When you configure Databricks, Snowflake, Azure Foundry, AWS SageMaker/MLflow, Gemini, or another supported source, you authorize Turn3 to retrieve the records and fields selected by your configuration. You are responsible for the credentials, IAM roles, scopes, network policies, source terms, and accuracy of the connected data.

Turn3 may use automated methods, heuristics, statistical analysis, and third-party model providers to produce classifications, summaries, recommendations, or guard decisions. Outputs may be incomplete, delayed, or incorrect, especially where a source does not record message content or uses a non-standard schema. Outputs are not legal, medical, financial, security, or other professional advice.

5. Plans, limits, and billing

Limits, included features, prices, taxes, renewal terms, and payment terms are shown at checkout or in your order. Lemon Squeezy may process payment, invoices, renewals, and subscription management as our billing provider. A cancellation normally takes effect at the end of the paid period unless your order states otherwise; access may remain active until then.

At usage thresholds, Turn3 may warn, restrict, or switch to the documented fallback for the applicable plan. We do not promise that a quota warning will arrive before a limit is reached.

6. Acceptable use

You may not use the Service to:

• Break the law, violate another party’s rights, or process data without required authorization.
• Probe, disrupt, overload, reverse engineer, or bypass security, quotas, authentication, or tenant isolation.
• Upload malware, credentials, unlawful content, or material that infringes intellectual-property or privacy rights.
• Use diagnosis or Turnguard outputs as an automated final decision in a high-impact context without appropriate human review.
• Resell, lease, sublicense, or make the Service available to third parties except as expressly permitted by an order.

7. Ownership and confidentiality

Klimber and its licensors own the Service, software, documentation, designs, trademarks, and improvements. Except for the limited license in these Terms, no rights are granted. Customer feedback may be used without restriction so long as it does not identify Customer or disclose Customer Data.

Each party must protect the other party’s non-public information using reasonable care and use it only for the relationship. Customer Data remains Customer’s confidential information. These obligations do not apply to information that is public without breach, independently developed, rightfully received from another source, or required to be disclosed by law.

8. Suspension, termination, and workspace deletion

We may suspend access when reasonably necessary to address security, abuse, non-payment, legal requirements, or a material breach. We will use reasonable efforts to provide notice and restore access when the issue is resolved.

Customer may stop using the Service or request workspace deletion through an authorized administrator. Workspace deletion is scheduled with a 30-day grace period; new ingestion is paused while pending, and an administrator may cancel the request during the grace period. After deletion completes, restoration may not be possible except from available backups.

Sections concerning ownership, confidentiality, payment obligations, disclaimers, limitations of liability, and dispute terms survive termination.

9. Disclaimers and limitation of liability

To the maximum extent permitted by law, the Service and all outputs are provided “as is” and “as available.” Klimber disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free or complete analysis. We do not warrant that every trace will be captured, stitched, judged, redacted, or displayed without delay or error.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Klimber’s aggregate liability arising from the Service is limited to the fees Customer paid for the Service during the twelve months before the event giving rise to the claim. These limits do not apply where prohibited by law or to liability that cannot lawfully be limited.

Customer will defend and indemnify Klimber against third-party claims arising from Customer Data, Customer’s connected sources, unlawful use of the Service, or breach of these Terms, except to the extent caused by Klimber’s willful misconduct or material breach.

10. Changes and contact

We may update these Terms when the Service, pricing, or law changes. We will post the revised version with a new “Last updated” date and provide additional notice for material changes when required. Continued use after the effective date means the updated Terms apply. An order, enterprise agreement, or data-processing addendum controls if it conflicts with these Terms for that subject.

For questions, notices, or support, contact turn3@klimber.io. Turn3 is a product of Klimber Technologies.