These Terms of Service ("Terms") govern your access to and use of Traction Layer AI’s products and services (collectively, the "Services"), including the Secure LLM Enclave and Secure AI Enclave offerings, and any related software, websites, portals, consoles, APIs, documentation, support, and professional services provided by Traction Layer AI ("Traction Layer", "we", "us", or "our").
Privacy Policy. Traction Layer’s collection, use, disclosure, and other processing of Personal Information (for example, information about website visitors, account administrators, billing contacts, and Authorized Users) is described in Traction Layer’s Privacy Policy, which is incorporated into these Terms by reference. If there is any conflict between these Terms and the Privacy Policy regarding Traction Layer’s processing of Personal Information as a controller, the Privacy Policy will govern.
If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and “Customer” means that entity.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ SECTION 18 CAREFULLY.
By (a) signing an order form, statement of work, or other document referencing these Terms; (b) clicking an “I Accept” button; (c) creating an account; or (d) accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
These Terms apply unless you and Traction Layer have entered into a separate written master services agreement, subscription agreement, or other agreement signed by both parties that expressly governs the Services (a “Customer Agreement”). In that case, the Customer Agreement controls to the extent of any conflict. Order forms, statements of work, and other purchasing documents that reference these Terms (each, an “Order Form”) may specify service plans, fees, usage limits, deployment model (SaaS, in-customer-cloud, or on-premises), and other commercial terms.
“Affiliate” means an entity that controls, is controlled by, or is under common control with a party.
“Authorized Users” means employees, contractors, and other individuals authorized by Customer to access and use the Services on Customer’s behalf.
“Confidential Information” means non-public information that is designated as confidential or that a reasonable person should understand to be confidential.
“Customer Data” means data, content, prompts, files, model checkpoints, configurations, and other materials submitted to the Services by or for Customer, including through APIs or connectors. Customer Data includes Inputs; it does not include Usage Data.
“Documentation” means user guides, technical documentation, and policies we make available for the Services.“Privacy Policy” means Traction Layer’s privacy policy describing how we process Personal Information.
“Feedback” means suggestions, comments, or feedback you provide about the Services.
“Input” means prompts, queries, and other materials Customer provides to the Services.
“Output” means the results, responses, logs, or other output generated by the Services based on Inputs or other Customer Data.
“Services” means Traction Layer AI’s products and services, including Secure LLM Enclave and Secure AI Enclave, and any related portals, consoles, APIs, software, and support as described in an Order Form.
“Subscription Term” means the initial and renewal term for a subscription-based Service, as specified in an Order Form.
“Third-Party Services” means third-party products, services, software, or infrastructure that the Services integrate with or depend on.
“Usage Data” means aggregated and/or de-identified telemetry and operational data generated from the use of the Services (e.g., performance metrics, feature usage, service health), excluding Customer Data.
Traction Layer provides secure, enterprise AI infrastructure services, including: (a) Secure LLM Enclave, which provides secure deployment and serving of large language models; and (b) Secure AI Enclave, which may include additional components such as enterprise AI application runtime, agentic workflows, and related infrastructure (each as described in the applicable Documentation and Order Form).
Unless expressly stated in an Order Form, information on our Site and marketing materials are provided for general informational purposes and do not constitute a binding offer, commitment, or service level agreement.
Depending on the Order Form, the Services may be delivered as (i) software-as-a-service, (ii) a managed deployment in Customer’s cloud account, or (iii) an on-premises deployment. Customer’s responsibilities and required prerequisites may vary by delivery model and will be described in the Documentation and/or Order Form.
We may modify the Services from time to time to improve functionality, security, or reliability, or to comply with law. If we materially reduce core functionality of a paid Service, we will provide commercially reasonable notice, and Customer may terminate the affected Service as its sole remedy, with a pro-rated refund for prepaid, unused fees where required by applicable law or the applicable Order Form.
We may offer certain features or services labeled “beta,” “preview,” “experimental,” or “trial” (“Beta Services”). Beta Services are provided “AS IS,” may be changed or discontinued at any time, may not be supported, and may be subject to additional terms.
Customer is responsible for its Authorized Users’ compliance with these Terms. Customer will ensure that account information is accurate and kept up to date.
Customer is responsible for maintaining the confidentiality of usernames, passwords, API keys, and access tokens (“Credentials”) and for all activities that occur under its Credentials. Customer will promptly notify Traction Layer if it knows or suspects Credentials have been compromised.
Customer and Authorized Users must use the Services only for lawful purposes and in accordance with these Terms, the Documentation, and the Acceptable Use Policy in Exhibit 2.
Customer will not, and will not permit any person to:
As between the parties, Customer retains all right, title, and interest in and to Customer Data. Subject to these Terms, Customer also owns its Outputs to the extent permitted by applicable law.
Customer is responsible for Customer Data, including ensuring that it does not violate applicable law and that Customer has all rights and consents necessary to provide Customer Data to the Services and to allow Traction Layer to process it as described in these Terms.
Customer grants Traction Layer a limited, non-exclusive right to process Customer Data solely to provide, secure, maintain, and support the Services, including to prevent or address security, abuse, or technical issues.
We will not use Customer Data to train or fine-tune general-purpose models unless Customer expressly agrees in writing.
We may use Usage Data for service analytics, capacity planning, product improvement, and security, provided that Usage Data will be aggregated and/or de-identified and will not include Customer Data.
Unless expressly agreed in a signed writing (for example, a data processing addendum, business associate agreement, or similar), Customer will not submit to the Services: (i) protected health information subject to HIPAA; (ii) payment card data subject to PCI DSS; or (iii) other sensitive regulated data that requires specific contractual commitments.
Traction Layer’s Privacy Policy explains how we collect and use Personal Information in connection with our websites and the Services. By accessing or using the Services, you acknowledge that you have reviewed the Privacy Policy and agree that Traction Layer may process Personal Information in accordance with the Privacy Policy and these Terms.
Customer Data may include Personal Information that Customer or its Authorized Users submit to the Services. In that case, Traction Layer will process such Personal Information only to provide, secure, and support the Services, as described in these Terms and any applicable data processing addendum or security addendum (if any). Customer is responsible for providing all notices and obtaining all consents required to provide Personal Information to Traction Layer for processing through the Services.
Artificial intelligence and automated reasoning systems are probabilistic and may produce inaccurate, incomplete, or inappropriate Outputs. Customer is responsible for evaluating Outputs for accuracy and suitability for its use case, including implementing appropriate human review, safeguards, and compliance measures.
Each party (“Receiving Party”) may receive Confidential Information of the other party (“Disclosing Party”). The Receiving Party will (a) use Confidential Information only to perform under these Terms; (b) protect it using at least reasonable care; and (c) not disclose it to third parties except to its Affiliates, employees, and contractors who need to know and are bound by confidentiality obligations at least as protective as these Terms.
Confidential Information does not include information that is (i) publicly available without breach; (ii) independently developed without use of Confidential Information; (iii) rightfully received from a third party without duty of confidentiality; or (iv) approved for release in writing by the Disclosing Party.
A party may disclose Confidential Information if required by law, provided it gives reasonable notice (where legally permitted) and cooperates to seek confidential treatment.
Traction Layer maintains an information security program designed to protect the confidentiality, integrity, and availability of the Services. Customer is responsible for configuring the Services appropriately, including managing access controls, and for securing systems and networks under its control.
If a security incident affecting Customer Data is confirmed, Traction Layer will notify Customer without undue delay and provide information reasonably requested to support Customer’s response, subject to legal and security constraints.
If Customer requires a data processing addendum, security addendum, or similar terms, Traction Layer may make such documents available upon request and may incorporate them into the parties’ agreement by reference in an Order Form.
Fees, payment terms, usage limits, and billing metrics are specified in the applicable Order Form. Unless otherwise stated, all fees are payable in U.S. dollars and are non-refundable except as required by law or expressly stated in an Order Form.
Customer is responsible for all taxes, duties, and similar governmental assessments related to the Services, excluding taxes on Traction Layer’s net income.
If an Order Form provides for auto-renewal, the subscription will renew for successive renewal terms unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term, unless the Order Form states a different notice period.
If Customer fails to pay fees when due, Traction Layer may suspend access to the Services upon notice and may charge interest at 1.5% per month (or the maximum allowed by law, if lower) on past-due amounts, plus reasonable collection costs.
Traction Layer and its licensors retain all rights, title, and interest in and to the Services, Documentation, and all related intellectual property, including any improvements, enhancements, or derivative works thereof (collectively, “Traction Layer IP”).
Subject to Customer’s compliance with these Terms and payment of applicable fees, Traction Layer grants Customer a limited, non-exclusive, non-transferable right to access and use the Services during the Subscription Term solely for Customer’s internal business purposes in accordance with the Order Form and Documentation.
If Customer provides Feedback, Customer grants Traction Layer a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use and exploit the Feedback for any purpose, without obligation or compensation, provided Feedback does not include Customer Data.
The Services may include open-source software and may support the use of third-party models that are subject to separate license terms. Those terms will govern the use of such components and models, and Customer is responsible for complying with them.
The Services may interoperate with Third-Party Services (including cloud providers). Third-Party Services are not controlled by Traction Layer and are provided under the third party’s terms. Traction Layer is not responsible for Third-Party Services, including their availability, security, or performance, except to the extent expressly stated in an Order Form.
If Traction Layer provides implementation, migration, customization, training, or other professional services, those services will be described in an Order Form or statement of work and may be subject to additional terms.
These Terms begin on the Effective Date or on the date Customer first accepts the Terms, and continue until terminated in accordance with this Section.
Either party may terminate these Terms or an Order Form for material breach if the other party fails to cure within thirty (30) days after written notice.
Traction Layer may suspend or terminate access immediately if necessary to address a security risk, prevent abuse, comply with law, or if Customer’s use could cause material harm to Traction Layer or others.
Upon termination or expiration, Customer’s right to access and use the Services ends. Upon request, Traction Layer will provide Customer a reasonable opportunity to export Customer Data from the Services, unless prohibited by law or unless Customer’s access was suspended for abuse, security risk, or illegal activity. Traction Layer may delete Customer Data in accordance with its data retention practices after termination.
Customer will indemnify, defend, and hold harmless Traction Layer, its officers, directors, employees, agents, and Affiliates from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Data; (b) Customer’s or its Authorized Users’ use of the Services in violation of these Terms; or (c) Customer’s products or services.
Traction Layer will indemnify and defend Customer from and against any third-party claim alleging that the Services, as provided by Traction Layer and used as permitted under these Terms, infringe a U.S. patent, copyright, or trademark, and will pay any damages finally awarded or agreed in settlement, provided Customer promptly notifies Traction Layer and allows Traction Layer to control the defense and settlement. Traction Layer has no obligation for claims arising from Customer Data, third-party models, combinations not provided by Traction Layer, or use not in accordance with these Terms.
If the Services become, or in Traction Layer’s opinion are likely to become, the subject of an infringement claim, Traction Layer may, at its option: (i) obtain the right for Customer to continue using the Services; (ii) modify or replace the Services so they become non-infringing; or (iii) terminate the affected Services and refund prepaid, unused fees for the terminated portion.
Each party represents that it has validly entered into these Terms and has the legal power to do so.
EXCEPT AS EXPRESSLY SET FORTH IN AN ORDER FORM OR CUSTOMER AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACTION LAYER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRACTION LAYER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL TRACTION LAYER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES; AND (B) TRACTION LAYER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The exclusions and limitations in this Section do not apply to: (i) a party’s breach of its confidentiality obligations; or (ii) Customer’s indemnification obligations. Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the maximum extent permitted by law.
Except as provided in the Carve-Outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator. The arbitration will take place in the State of Delaware, unless the parties mutually agree to another location, and will be conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Carve-Outs: Nothing in these Terms prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Services, without first engaging in arbitration. In addition, either party may bring an individual claim in small claims court if it qualifies.
Class Action Waiver: You and Traction Layer agree that each may bring Disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, 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 proceeding.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. For any court proceedings permitted by the Carve-Outs above, or to confirm, enforce, or vacate an arbitration award, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware.
Assignment: Customer may not assign these Terms without Traction Layer’s prior written consent, except to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee agrees in writing to be bound by these Terms. Traction Layer may assign these Terms without restriction.
Force Majeure: Neither party will be liable for delays or failures due to causes beyond its reasonable control.
Export Compliance: Customer will comply with applicable export control and sanctions laws and will not provide access to the Services where prohibited.
Notices: Notices must be in writing and will be delivered by email or other methods specified in an Order Form. Notices to Traction Layer should be sent to support@tractionlayer.ai (or to a designated legal notice email if provided in an Order Form).
Entire Agreement: These Terms, together with any Order Forms and incorporated documents, constitute the entire agreement between the parties regarding the Services and supersede prior or contemporaneous agreements on that subject.
Severability and Waiver: If any provision is unenforceable, the remainder will remain in effect. A waiver must be in writing and is limited to the specific instance.
Traction Layer AI
2882 Calais Dr, San Ramon, California 94583
Email: support@tractionlayer.ai
Phone: 925-548-6596
Secure LLM Enclave provides secure deployment and serving of large language models in a controlled environment, which may be hosted by Traction Layer, deployed in Customer’s cloud account, or deployed on-premises, as specified in the applicable Order Form.
Customer is responsible for (i) selecting and licensing any third-party model checkpoints it uses, (ii) ensuring its use complies with the applicable model licenses, and (iii) configuring access controls and network connectivity under Customer’s control.
Secure AI Enclave may include additional components such as application runtimes, orchestration or agent frameworks, retrieval and storage components, and observability tools. The included components and responsibilities will be described in the Documentation and Order Form.
If Secure AI Enclave is deployed in Customer’s environment, Customer is responsible for the underlying cloud account, network controls, identity provider configuration, and any required approvals for data movement across Customer systems.
Customer and Authorized Users may not use the Services to:
Traction Layer may suspend or terminate access for violations of this Acceptable Use Policy.