Terms of Service

Last updated: April 15, 2026

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These Terms of Service ("Terms") govern your access to and use of Crew and related services (the "Services") provided by Tortuga AI, Inc. ("Tortuga AI," "we," "us," or "our"). By creating an account or using the Services, you agree to be bound by these Terms.

If you are using the Services on behalf of a company or other organization ("Customer"), you represent that you have the authority to bind that organization to these Terms.

1. The Service

Crew is a web application that enables builders to evaluate their marketing and product surfaces against AI personas representing their ideal customer profile (ICP). The Services include our web application, evaluation engine, ICP persona library, and, on the Team plan, a Remote MCP server that allows builders to run evaluations and test their websites against ICPs and expert agents directly from their development environment.

Your Content. Anything you submit through the Services — including persona definitions, project configurations, submitted URLs, test configurations, and any other materials you provide — is "Your Content." You are solely responsible for Your Content and for ensuring it complies with applicable laws. You represent that you have the right to submit any URLs or materials you provide to the Services.

Our Property. We own the Services, including all underlying software, design, documentation, branding, and the ICP persona library. These Terms do not grant you any ownership rights in the Services. You may not copy, reverse engineer, or create derivative works from the Services.

2. Accounts and Access

You must create an account to use the Services. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

MCP Access. The Crew MCP server is available exclusively on the Team plan. It allows builders to connect to Crew from their development environment to run evaluations and test surfaces against ICPs and expert agents. Authentication is handled via API keys. You are responsible for keeping these credentials secure and for all usage that occurs through your MCP connection.

3. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation
  • Submit URLs or content that you do not have the right to submit, that infringes third-party intellectual property, or that contains malicious code
  • Attempt to gain unauthorized access to the Services or related systems
  • Interfere with or disrupt the integrity or performance of the Services
  • Reverse engineer, decompile, or disassemble any part of the Services
  • Use the Services to build a competing product or service
  • Resell, sublicense, or provide access to the Services to third parties outside your organization
  • Introduce viruses, malware, or other harmful code through the Services
  • Use the Services in a manner that violates any applicable trade sanctions or export control laws

We may suspend or terminate your access if we reasonably believe you are violating these Terms or if your use threatens the security or availability of the Services.

4. Payment

Fees. Paid plans are billed as described at the time of purchase. All fees are in U.S. dollars, non-refundable, and non-cancelable except as expressly stated in these Terms. Evaluation credits purchased as top-ups are non-refundable and non-transferable.

Billing. We use Stripe to process payments. By subscribing to a paid plan or purchasing credits, you authorize charges to your payment method. It is your responsibility to keep your payment information current.

Taxes. Fees do not include taxes. You are responsible for any applicable taxes, except for taxes based on our income.

Failure to Pay. If payment fails, we may suspend your access to paid features until the outstanding balance is resolved.

Changes. We may change our pricing at any time. Price changes will take effect at the start of your next billing period. You may cancel your subscription if you do not agree with a price change.

5. Free and Paid Plans

We offer a free onboarding tier that includes a limited number of evaluations, allowing you to experience the Services before subscribing. We reserve the right to modify the number of evaluations or features included in the free tier at any time. If you cancel a paid subscription, your account will revert to the free tier with reduced functionality.

6. AI-Generated Evaluations

The evaluation reports generated by Crew are produced by AI and are intended to provide directional feedback to help you improve your marketing and product surfaces. They do not constitute professional advice of any kind.

No Guarantee of Accuracy. Evaluation outputs are AI-generated and may be incomplete, inconsistent, or inaccurate. We do not warrant that any evaluation reflects the views or behaviors of real users, customers, or any specific audience segment. You are solely responsible for how you interpret and act on evaluation results.

URL Submissions. By submitting a URL for evaluation, you represent that you have the right to do so. We are not responsible for content hosted at submitted URLs, and we are not liable for any issues arising from evaluating URLs that are inaccessible, dynamically rendered, or change after submission.

7. Term and Termination

Term. These Terms remain in effect as long as you have an account or are using the Services.

Your Right to Cancel. You may cancel your subscription or delete your account at any time through the Services or by contacting us.

Our Right to Terminate. We may terminate your access to the Services if you materially breach these Terms and fail to cure the breach within 30 days of notice, or immediately if the breach is not curable.

Effect of Termination. Upon termination, your right to use the Services ends immediately. We will delete your account data within 30 days of account deletion, except where we are required to retain it for legal purposes. Unused evaluation credits are forfeited upon termination and are not refundable. If we terminate due to your breach, you remain responsible for any unpaid fees for the remainder of your subscription period.

Survival. Sections relating to ownership, payment, limitation of liability, warranty disclaimer, and general terms survive termination.

8. Third-Party Services

The Services may integrate with or depend on third-party tools (e.g., Stripe, Supabase, Google Auth). We do not control these third-party services and are not responsible for their availability, accuracy, or content. Your use of third-party services is governed by their own terms and policies.

9. Data

Your Ownership. You retain all rights to Your Content. You grant us a limited, non-exclusive, worldwide license to use, process, store, and display Your Content solely to provide the Services to you.

Improving the Services. We may use aggregated and de-identified evaluation data — including persona configurations, submitted URLs, and evaluation outputs — to improve our AI models and ICP persona library over time. We will not use your data in a way that identifies you or your products without your consent.

Service Data. We may collect anonymized, aggregated data about how the Services are used. We own this data and may use it to improve the Services, provided it does not identify you or your organization.

Data Protection. We implement reasonable technical and organizational measures to protect Your Content. For details on how we handle personal information, see our Privacy Policy.

We do not sell your data.

10. Confidentiality

Each party agrees to protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information. Your Content is your confidential information. The terms of any paid subscription are confidential information of both parties.

Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

11. Warranty Disclaimer

The services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or secure. We make no warranty regarding the accuracy, completeness, or reliability of any AI-generated evaluation output.

12. Limitation of Liability

To the maximum extent permitted by law, Tortuga AI will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Services, including any reliance on AI-generated evaluation outputs.

Our total liability for all claims arising out of or related to these Terms or the Services will not exceed the total fees you paid to us in the 12 months preceding the event giving rise to the claim.

13. Feedback

If you provide us with suggestions, ideas, or other feedback about the Services, we may use that feedback without restriction or obligation to you.

14. General Terms

Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes will be resolved in the state or federal courts located in New Castle County, Delaware.

Entire Agreement. These Terms, together with our Privacy Policy and any applicable order or subscription details, constitute the entire agreement between you and Tortuga AI regarding the Services.

Changes to Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

No Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Force Majeure. We will not be liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, acts of government, or third-party service outages.

Independent Contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship between the parties.

Contact Us

If you have questions about these Terms, please contact us at:

Email: support@bytortuga.com

Address:
Tortuga AI, Inc.
1111B S Governors Ave
STE 37456
Dover, DE 19904