Terms of Service

• • False positives (blocking safe content) may occur
• • False negatives (missing harmful content) may occur
• • AI safety is an evolving field and no solution is perfect
• • Tork should be used as ONE LAYER in a defense-in-depth strategy

• • Implementing additional safeguards appropriate to their use case
• • Complying with all applicable laws and regulations in their jurisdiction
• • Reviewing and testing Tork's output for their specific requirements
• • Not relying solely on Tork for critical safety decisions
• • Maintaining appropriate human oversight of AI systems
• • Ensuring their use of the service does not violate the rights of any third party
• • Maintaining the security and confidentiality of their API keys and account credentials

Our IP: The Tork platform, software, documentation, APIs, trademarks, and all related intellectual property are owned by JCorp Australia Pty Ltd. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited license to use the service as described herein.

Your Content: You retain all rights in the data and content you submit to Tork for processing. We do not claim ownership of your content. You grant us a limited, non-exclusive license to process your content solely for the purpose of providing the service.

Feedback: If you provide suggestions, ideas, or feedback about the service, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use such feedback for any purpose without obligation to you.

Open-Source Components: Certain components of the Tork SDK are made available under open-source licenses. Your use of such components is governed by the applicable open-source license terms.

• • Tork is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied
• • We disclaim all warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• • We do not warrant that the service will be uninterrupted, error-free, or completely secure
• • We do not warrant that all PII, threats, or policy violations will be detected

Australian Consumer Law Notice:

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where a liability cannot be excluded, our liability is limited (at our option) to re-supplying the service or paying the cost of having the service re-supplied.

EU/UK Consumer Rights Notice:

Nothing in these Terms affects your statutory rights as a consumer under applicable EU or UK consumer protection legislation, including the Consumer Rights Act 2015 (UK) and Directive 2011/83/EU. Under the Consumer Rights Act 2015 (UK), digital content must be of satisfactory quality, fit for purpose, and as described. If digital content is faulty, you are entitled to a repair or replacement, and if a repair or replacement is not possible, you may be entitled to a full or partial refund. These statutory rights cannot be waived or limited by contract.

US State Consumer Protection Notice:

For California residents: Nothing in these Terms is intended to limit your rights under the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), or any other non-waivable consumer protection statute. For New Jersey residents: Notwithstanding any other provision of these Terms, the limitations herein do not limit our liability to the extent such limitation violates the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

• • Our total aggregate liability shall not exceed the fees paid by you in the 12 months preceding the claim
• • We are not liable for any indirect, incidental, special, consequential, or punitive damages
• • We are not liable for any harm caused by AI outputs that bypass our detection systems
• • We are not liable for data breaches not caused by Tork's gross negligence
• • We are not liable for third-party integration failures or customer misconfigurations
• • We are not liable for regulatory penalties arising from your use of the service
• • We are not liable for loss of profits, revenue, data, or business opportunity

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable law, including the Australian Consumer Law, EU/UK consumer protection legislation, or applicable US state law.

• • Tork is designed to reduce AI governance risk, not eliminate it
• • No security tool can guarantee complete protection against all threats
• • Tork operates as a probabilistic defense layer that significantly reduces risk but does not provide absolute protection
• • You are solely responsible for evaluating whether Tork meets your specific compliance requirements
• • Tork does not provide legal, compliance, or regulatory advice
• • You should use Tork as one component of a comprehensive defense-in-depth strategy

Tork does not guarantee any specific uptime, availability, or response time. We target high availability but this is a goal, not a commitment.

• • We reserve the right to modify, suspend, or discontinue the service at any time with reasonable notice
• • Scheduled maintenance and unexpected outages may occur
• • No SLA (Service Level Agreement) is provided unless separately agreed in writing for Enterprise customers
• • We will use commercially reasonable efforts to provide advance notice of planned downtime

To the extent permitted by applicable law, you agree to indemnify and hold harmless Tork, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• • Your use of the service or violation of these Terms
• • Misrepresentation of Tork's capabilities to third parties
• • Regulatory claims arising from your use of the service
• • Your failure to implement additional safeguards appropriate to your use case
• • Your violation of any applicable law or the rights of any third party

This indemnification obligation does not apply to the extent prohibited by law, including under the Australian Consumer Law or applicable EU/UK consumer protection legislation.

• • API keys are confidential and should not be shared
• • Rate limits apply based on your plan tier
• • Abuse of the API (including but not limited to excessive requests, scraping, or reverse engineering) may result in suspension
• • You are responsible for all activity that occurs under your API keys
• • We reserve the right to throttle or suspend access for usage that threatens the stability of the service

You represent and warrant that:

• • You are not located in, under the control of, or a national or resident of any country subject to applicable trade sanctions or embargoes (including but not limited to those imposed by the United States, European Union, United Kingdom, United Nations, or Australia)
• • You are not listed on any applicable restricted or denied party list (including the U.S. SDN list, Entity List, EU consolidated sanctions list, or Australian sanctions list)
• • You will not use the service in violation of any applicable export control, sanctions, or anti-money laundering laws
• • You will not re-export or transfer the service, or access to it, to any sanctioned country, entity, or individual

If you are a consumer located in the European Economic Area (EEA), you have the right to withdraw from a distance contract within 14 days of entering into it, without giving any reason, in accordance with Directive 2011/83/EU.

Exception for Digital Content: By starting to use the Tork service (including making your first API call or accessing governance features), you expressly consent to the immediate provision of digital content and acknowledge that you lose your right of withdrawal once the service has been fully performed. For ongoing subscription services, you may cancel at any time after the 14-day period in accordance with your plan terms.

To exercise your right of withdrawal within the 14-day period, you may email us at hello@tork.network with a clear statement of your decision. Refunds will be processed within 14 days of receiving your withdrawal notice using the same payment method used for the original transaction.

We may modify these Terms from time to time. We will provide at least 30 days' advance notice of material changes by email to the address associated with your account and by posting a notice on our website.

• • Non-material changes (e.g., formatting, clarifications) may be made without prior notice
• • For EU/UK consumers: Material changes to these Terms require your affirmative consent. Continued use alone does not constitute acceptance of material changes; we will request explicit confirmation
• • If you do not agree to the modified Terms, you may terminate your account before the changes take effect
• • The "Last updated" date at the top of this page indicates when these Terms were most recently revised

These Terms, together with our Privacy Policy, DPA, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Tork regarding the use of our services.

These Terms supersede all prior or contemporaneous communications, representations, and proposals (whether oral, written, or electronic) between you and Tork with respect to the service. No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.

JCorp Australia Pty Ltd, registered in New South Wales, Australia. For legal notices: legal@tork.network