Terms of Service

The agreement

These Terms of Service (“Terms”) are an agreement between Torchrunner, Inc., a Delaware corporation (“Torchrunner,” “we,” “us”), and the organization or person that creates an account or uses the Service (“you”). The “Service” means torchrunner.ai, the Torchrunner app, the client portal, and runnerID by Torchrunner at runnerid.torchrunner.ai, including their features, content and software. If you accept these Terms for an organization, you confirm you have authority to bind it.

These Terms include our Acceptable Use Policy. Our Privacy Policy explains how we handle personal information. Our Data Processing Addendum and subprocessor information apply to Customer Data. If you have a signed order or other agreement with us, it controls where it conflicts with these Terms.

Eligibility and accounts

The Service is for business use by people who are at least 18. You must give accurate information and keep it current. You are responsible for your account, for everything done under it, and for the people you add. Keep credentials private, do not share a login between people, and tell us promptly at support@torchrunner.ai if you suspect unauthorized use. We recommend turning on two-factor sign-in. Account owners and admins can add and remove members, set permissions and connect services, and we may act on their instructions.

The Service and early access

Torchrunner is one app for clients, email, phone, calendar, projects, documents, marketing and books, with AI features and automations. runnerID is a separate product that signs AI agents in to websites. Access is by application, and we may decline or end an application. We may add, change or retire features. If we make a change that materially reduces what a paid plan does, you may cancel and we will not charge you for any period after the cancellation takes effect.

Customers who join early, including as a Founding Operator, may be offered terms in their order that differ from these Terms, and the order controls. Features we mark as early access or beta are provided as is, may change or be withdrawn, and may be limited in reliability or availability.

Subscriptions, billing and taxes

Paid plans are monthly subscriptions that renew automatically until canceled. The price is the one shown when you order, including any additional seats or engagements you add. We bill through our payment provider, and you authorize us to charge your payment method. Fees exclude taxes, which you are responsible for, and we calculate and collect tax where the law requires. We may change prices for future periods with advance notice by email or in the app.

Fees are non-refundable, including for partial months, except where the law requires a refund. You can cancel at any time in your account or by writing to us, and the cancellation takes effect at the end of the current billing period. If a payment fails, we may suspend access after notice until the balance is paid.

Your data

You own your data. “Customer Data” is the content you or your users submit to or create in the Service, or connect from other services, for processing on your organization’s behalf. It does not include account, billing, website, request-form, waitlist or job-application data that we handle as the controller under our Privacy Policy. As between us, you keep all rights in Customer Data. You give us a limited license to host, copy, transmit and process Customer Data only to provide, secure and support the Service for you, and as the law requires. You are responsible for having the right to use it, including the notices and consents needed to put your clients’ and contacts’ information into the Service.

We never use Customer Data to train AI models. Customer Data includes your records, documents, emails, passwords, codes, and what your agents read or type on the sites they visit. We use technical information about how the Service performs, including task records with your content and personal details removed, to operate, secure, support and improve the Service, so agents get better at the work. We never sell task records or share them for anyone else to train on. You can leave at any time and take your data with you. Export your CRM records, tasks, activity and meeting notes from settings whenever you like. For other data, or to have your data deleted after you leave, write to us. We will explain what can be exported or deleted, as described in our Privacy Policy.

AI features and agents

The Service includes AI features, such as Archie, specialist agents and Runners, that read your records, draft content and take actions you ask for or configure. They work like this:

• They propose and you approve. By default, actions that leave your business, move money or delete data wait for a person to approve. You can configure some actions to run without approval. If you do, or if you approve an action, it is your action.
• Outputs can be wrong. AI output may be inaccurate, incomplete or similar to what others receive. Review it before you rely on it or send it. Torchrunner does not give legal, tax, accounting, investment or other professional advice.
• You own your outputs. Everything the Service produces for you, such as drafts, summaries, reports and answers, is yours, and we claim no rights in it. We do not use it to train AI models. An output can contain material that belongs to others, and we do not promise that it is unique, so review each one and make sure you have the rights you need before you use it.
• Your own AI. If you connect your own API key or AI client, that provider’s terms apply to what you send it, and you are responsible for that connection.
• Do not use AI features to make decisions with legal or similarly significant effects on people without qualified human review.

Connected services

The Service works with services you choose to connect, such as Google, Microsoft, Stripe, Slack and messaging platforms, and Intuit QuickBooks Online and Xero as each becomes available. Their terms and policies govern your use of them, we do not control them and are not responsible for them, and they may change or end their integrations. You are responsible for having the right to connect your accounts. You can disconnect a service at any time in settings or with the provider.

Phone, texting, email and recording

These features let you reach people, so the laws about contacting and recording them apply to you. You are responsible for complying with them, including consent, notice, opt-out and recording rules wherever you and the other people are. We do not give legal advice, and the settings we provide, such as a spoken recording notice, are tools and do not by themselves make a use lawful.

• Calls and voicemail. Phone service runs through a telephony provider and carriers. Recording is off unless you turn it on. Get every consent and give every notice that recording requires. Do not record where you do not have it. Do not use the Service for emergency calls, and do not rely on it to reach emergency services.
• Texting and messaging. Where texting or a messaging channel is available, send only to people who have agreed to receive your messages, identify yourself, honor opt-outs such as STOP at once, and follow carrier and platform rules, including any registration they require. Some channels may not yet be generally available.
• Email. Follow anti-spam and marketing laws. Email you send can include open tracking. Tell recipients where the law requires it.
• Meeting notetaker. It posts a notice and plays a spoken notice when it joins. You are still responsible for telling participants and getting any consent the law requires.

We may block numbers, channels or messages that appear to break these rules or carrier requirements.

Credentials and agent logins

You may store credentials, authenticator secrets and session data in Torchrunner or runnerID so that approved agents can sign in on your behalf. When you do:

• You confirm you are authorized to use each credential and that the website’s terms allow your use, including by an automated agent.
• You will not use the Service to bypass a website’s security, solve or evade CAPTCHAs or bot detection, trade or resell credentials, or sign in as someone else. runnerID is for the verified agent of a real business using accounts its owner controls.
• Actions an agent takes with your credentials are your actions. You choose which sites an agent may use and what needs approval, and you are responsible for rotating and revoking credentials. One switch revokes an agent’s access.
• Credentials are encrypted before storage and typed into a page by the Service rather than shown to the AI model. We describe our security measures factually and do not promise that any system is impenetrable.
• We are not responsible for lockouts, suspensions or other consequences a third-party website applies to your account. We may block sites or actions we believe are abusive or unsafe.

Acceptable use

You and everyone using your account must follow our Acceptable Use Policy. We may act under it, as described there.

Intellectual property and feedback

The Service, including its software, design, text and trademarks, belongs to Torchrunner and our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes, under these Terms. You may not copy, resell or sublicense it, reverse engineer it where the law allows us to forbid that, or use it to build a competing product. If you give us feedback or suggestions, we may use them without restriction or payment.

Confidentiality

Each of us may receive non-public information from the other that is marked confidential or that a reasonable person would treat as confidential. The receiver will use it only for the purposes of these Terms, protect it with reasonable care, and share it only with people who need it and are bound to protect it. This does not cover information that is public through no fault of the receiver, was already known to it, was independently developed, or was lawfully received from someone else. A receiver may disclose it if the law requires, after giving notice where permitted. Customer Data is your confidential information.

Privacy and security

We handle personal information as our Privacy Policy describes and process Customer Data under our Data Processing Addendum. We use technical and organizational measures designed to protect the Service, described on our security page. You are responsible for your own security, including your passwords, devices, permissions and the people you add. If we become aware of a breach of Customer Data, we will tell you without undue delay as the law and our Data Processing Addendum provide.

Availability and support

We work to keep the Service available and to fix problems promptly, but we do not promise it will be uninterrupted or error free. We may do maintenance, and some features depend on providers we do not control. Support is by email at support@torchrunner.ai. A written order may add availability or support terms.

Suspension and termination

You may stop using the Service and cancel at any time. We may suspend or end your access if you breach these Terms and do not fix it within a reasonable time after notice, if you do not pay, if your use creates a security or legal risk, or if we stop offering the Service. We will limit a suspension to what is needed, tell you why where practical, and restore access once the issue is resolved.

When your access ends, your right to use the Service ends. After termination you can write to privacy@torchrunner.ai to ask for an export or for deletion of Customer Data. We will handle the request and delete data as our Privacy Policy and Data Processing Addendum describe, except where the law requires us to keep it. Sections that by their nature should continue, such as ownership, payment, confidentiality, disclaimers, liability, indemnity and disputes, survive.

Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent the law permits, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty about AI output, third-party services or early access features. Some places do not allow certain disclaimers, so some of this may not apply to you.

Limitation of liability

To the fullest extent the law permits, neither of us will be liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of these Terms or the Service, even if told they were possible. Our total liability arising out of or relating to the Service or these Terms will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred U.S. dollars. These limits do not apply to liability that the law does not allow us to limit, such as for fraud or willful misconduct, and they do not reduce your obligation to pay fees.

Indemnity

You will defend and indemnify Torchrunner and its officers, employees and affiliates against claims, losses and costs, including reasonable legal fees, that arise from Customer Data, from your breach of these Terms or the Acceptable Use Policy, from your use of calling, texting, recording, email or credentials in violation of law or a third party’s rights, or from actions taken through your account or by agents you configure. We will tell you of the claim promptly, let you control its defense and settlement, and give you reasonable cooperation at your cost. You may not settle a claim in a way that admits fault for us, imposes any obligation on us other than paying money you cover, or does not fully release us, without our written consent.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Before filing a claim, each of us will try in good faith to resolve it informally for at least 30 days after one of us writes to the other, to legal@torchrunner.ai in our case. If that does not work, the state and federal courts located in Delaware have exclusive jurisdiction, and each of us consents to them.

Changes to these Terms

We may update these Terms. For material changes we will give account owners notice by email or in the app before they take effect. If you do not agree to a change, you may cancel before it takes effect. Using the Service after the effective date means you accept the updated Terms.

General

• These Terms and the documents they reference are the entire agreement between us on their subject.
• You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
• If a part is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
• Neither of us is liable for delay or failure caused by events beyond our reasonable control.
• You will follow export control and sanctions laws and will not use the Service where they forbid it.
• We may send notices to the email address on your account. Notices to us go to legal@torchrunner.ai.
• There are no third-party beneficiaries. We are independent contractors, not partners or agents of each other.
• Agreeing electronically has the same effect as signing on paper.

Contact

Torchrunner, Inc., a Delaware corporation. Legal: legal@torchrunner.ai. Support: support@torchrunner.ai. Privacy: privacy@torchrunner.ai.