Terms of Service

1. Acceptance and eligibility

By creating an account or using TruLayer (the “Service”), you agree to these Terms of Service (“Terms”) on behalf of yourself and any organization you represent. If you do not agree, do not use the Service. You must be at least 16 years old and able to enter into a binding contract. The Service is operated by OmniModa LLC (“TruLayer”, “we”, “us”).

2. Description of service

TruLayer is a reliability platform for production AI agents. We ingest traces and spans your application emits (via our SDK or OpenTelemetry), evaluate them, surface alerts and remediations, and expose the results through a dashboard, API, and MCP server. Specific features, limits, and quotas are described on the pricing page and in the docs, and may change as the product evolves.

3. Accounts and responsibilities

• You are responsible for safeguarding your credentials and API keys.
• You are responsible for everything that happens under your account, including the acts of any users or services you authorise to ingest data.
• You will provide accurate account and billing information and keep it current.
• Notify us promptly at security@trulayer.ai if you suspect unauthorised access.

4. Acceptable use

You agree not to:

• Use the Service to build, train, or evaluate systems that violate applicable law, infringe third-party rights, or generate malicious content.
• Reverse-engineer, scrape, or otherwise extract non-public portions of the Service, or attempt to access another customer’s data.
• Send malware, run automated abuse, or use the Service to overwhelm third-party systems.
• Bypass quotas, retention windows, or rate limits, or resell the Service without written agreement.
• Submit personal data of EU/UK data subjects without an executed Data Processing Addendum, where one is required.

We may suspend or throttle accounts that materially violate these rules, with notice where reasonable.

5. Data ownership

You own your data. Trace payloads, eval records, prompts, completions, and any other content you send through the Service (“Customer Data”) remain yours. You grant us a limited, non-exclusive licence to host, process, transmit, display, and back up Customer Data solely to operate the Service for you. We do not sell Customer Data and we do not use it to train models for any other party. See the Privacy Policy for details.

6. Service IP and feedback

The Service, including software, dashboards, documentation, and trademarks, is owned by TruLayer and its licensors. We grant you a limited, non-transferable right to use the Service while your subscription is active. If you send us feedback or suggestions, we may use them without obligation to you.

7. Payment terms

• Paid plans are described on the pricing page. Fees are billed monthly or annually in advance via Stripe. Usage-based overages are billed in arrears.
• Fees are non-refundable except where required by law. You authorise Stripe to charge your payment method for all fees as they come due.
• Taxes are your responsibility unless we are legally required to collect them.
• Failure to pay may result in suspension after a reasonable cure period (typically 14 days’ notice).
• We may adjust prices for renewal terms with at least 30 days’ notice. New pricing applies at your next renewal.

8. Termination

You can cancel your subscription at any time from the dashboard or by contacting us. On cancellation, your account remains active through the end of the paid period and is then closed.

We may suspend or terminate your access for material breach of these Terms, non-payment, or activity that puts the Service or other customers at risk. Upon termination, you may export Customer Data for 30 days; after that, we will delete it, subject to limited backups that age out per our retention schedule.

9. Warranties and disclaimers

We provide the Service with reasonable care and skill. Beyond that, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any evaluation output is fit for a specific decision you make with it.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party’s total liability arising out of or related to these Terms is capped at the fees you paid us for the Service in the 12 months preceding the event giving rise to the claim. These limits do not apply to a party’s indemnification obligations, breach of confidentiality, or fraud, gross negligence, or wilful misconduct.

11. Indemnification

You will defend and indemnify TruLayer against third-party claims arising from Customer Data, your use of the Service in violation of these Terms, or your violation of applicable law. We will defend and indemnify you against third-party claims that the Service, as provided and used in accordance with these Terms, infringes that third party’s intellectual property rights.

12. Confidentiality

Each party will protect the other’s non-public information with the same care it uses for its own confidential information (and no less than reasonable care), and will use it only to perform under these Terms. This does not apply to information that is public, independently developed, or rightfully received from a third party without a duty of confidentiality.

13. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party waives any objection to venue there. The UN Convention on Contracts for the International Sale of Goods does not apply.

14. Changes to the Service or these Terms

We may update the Service and these Terms over time. For material changes to the Terms, we will update the “Last updated” date and give active customers reasonable advance notice by email or in-product banner. Continued use after the effective date constitutes acceptance.

15. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, and any order form or DPA we sign with you are the entire agreement between us regarding the Service.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remainder stays in effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Force majeure. Neither party is liable for failures caused by events outside its reasonable control.

16. Contact