Terms of Service

1. Agreement

These Terms of Service ("Terms") form a binding contract between you and Thinkerwave AITech Private Limited, the company that operates Torbi ("Torbi", "we", "us"). By creating an account, clicking "I agree", or otherwise using Torbi, you agree to these Terms. If you are agreeing on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and "you" and "Customer" refer to that organisation.

If you do not agree to these Terms, do not use Torbi.

2. Definitions

• Service — the Torbi web application, APIs, integrations, and any related software and documentation.
• Customer Data — the content, data, and materials you upload, connect, or generate inside the Service.
• Prospect Data — Torbi-curated company and public business-contact data made available through the Service.
• Subscription — the paid plan (Starter, Growth, Professional, Enterprise) you select, including any usage limits.
• Affiliate — an entity that controls, is controlled by, or is under common control with a party.
• DPA — the Data Processing Agreement, incorporated into these Terms when personal data is processed under the GDPR, UK GDPR, or DPDP Act.

3. Account & eligibility

You must be at least 18 years old and able to form a binding contract. You agree to provide accurate registration information and to keep it current. You are responsible for activity under your account and for the security of your credentials. Notify security@torbi.ai immediately if you suspect unauthorised use.

You may invite teammates under your Subscription. Each named user must have their own credentials — credential-sharing is not permitted.

4. Subscription & billing

4.1 Fees

Subscription fees are charged monthly or annually as displayed on pricing at the time of purchase, in the currency selected at checkout. Fees are exclusive of taxes; you are responsible for applicable sales tax, GST, VAT, or equivalent.

4.2 Auto-renewal

Subscriptions renew automatically at the end of each term unless cancelled before the renewal date. You may cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period.

4.3 Usage limits and overage

Each plan includes a defined number of prospect unlocks and connected markets. Additional prospects can be purchased in top-up blocks at the per-prospect rate of your current plan; rates and blocks are shown on the pricing page.

4.4 Refunds

Except where required by law, fees are non-refundable. We may, at our discretion, offer pro-rated refunds in cases of extended service unavailability — see our service-credit schedule on request.

4.5 Late payment

If a charge fails, we will retry for 14 days. If still unpaid, we may suspend the account. Reinstatement is automatic on successful payment.

5. Free trial

We offer a free trial of 7 days with up to 5 prospect unlocks, with no payment card required. The trial converts to a paid plan only if you explicitly choose one. We may modify or end the trial offer at any time.

6. Acceptable use

You agree to use Torbi only for lawful business purposes and in compliance with applicable law. You will not, and will not allow any third party to:

• Resell, sublicense, or redistribute Prospect Data as a standalone data product;
• Scrape, crawl, or systematically extract the Service or Prospect Data using non-API means;
• Reverse-engineer, decompile, or attempt to derive the source code of the Service;
• Bypass authentication, rate limits, or other technical restrictions;
• Use the Service to send unlawful, harassing, defamatory, deceptive, or sexually explicit content;
• Use the Service to send unsolicited bulk communications in violation of applicable anti-spam law — see Section 7;
• Process personal data of consumers, children, or other categories outside the B2B scope contemplated by the Service;
• Use the Service to train competing AI models or build a competing prospecting product;
• Upload content that infringes any third party's intellectual property, privacy, publicity, or other rights;
• Introduce malware, vulnerabilities, or use the Service in a way that disrupts or degrades performance for others;
• Use the Service in regulated contexts (e.g. consumer credit, employment screening, insurance underwriting, healthcare eligibility) where doing so would invoke laws like the U.S. FCRA, EU AI Act high-risk obligations, or analogous regimes.

7. Outreach & anti-spam

Torbi helps you draft outreach. You — not Torbi — are the sender of any message you send to a prospect. You are responsible for:

• Compliance with applicable laws — including CAN-SPAM (US), CASL (Canada), the UK PECR, the EU ePrivacy Directive and GDPR, India's DPDP Act and IT Rules, and analogous regimes;
• Lawful basis — having a valid basis to contact each recipient (e.g. legitimate interest for B2B, with appropriate balancing);
• Identification — accurately identifying the sender (you, not Torbi) and including a postal address where required;
• Opt-out honoured promptly — an unsubscribe link in every commercial message, processed within 10 business days;
• No misleading subject lines, no false header information, no spoofed identities.

7.1 Use of LinkedIn and other social networks

Where Torbi assists with outreach on LinkedIn or any other third-party social network, it does so only by drafting copy that you send from your own authenticated account, under that platform's own terms of service (e.g. the LinkedIn User Agreement and Professional Community Policies). Torbi does not store your social-network credentials, does not maintain server-side automation against social networks, and does not provide tooling to bypass platform rate limits, anti-automation systems, or connection-request controls.

You agree to (a) comply with the user agreement and acceptable-use policy of any third-party platform you use in conjunction with Torbi; (b) not use Torbi to circumvent any technical or contractual restriction those platforms impose; and (c) bear sole responsibility for actions taken from your account on those platforms. Violations of a third-party platform's terms by you are not Torbi's responsibility and may be grounds for that platform — and for Torbi — to suspend service.

8. Customer Data

8.1 Ownership

You retain all rights in your Customer Data. You grant Torbi a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and otherwise process your Customer Data solely as necessary to provide and improve the Service to you and to comply with law.

8.2 No training

We do not use your Customer Data to train foundation models, ours or any third party's. Aggregated, de-identified usage signals may be used to improve matching and ranking — see the Privacy Policy, §6.

8.3 Personal data

Where Customer Data includes personal data subject to the GDPR, UK GDPR, or DPDP Act, the DPA applies and is incorporated by reference.

8.4 Export and deletion

You can export your Customer Data at any time from the workspace settings. On termination, you have 30 days to export. After 30 days, we delete Customer Data within a further 30 days, except where retention is required by law.

9. Intellectual property

Torbi, its name, logo, the Service, the Prospect Data (in compiled form), and all related intellectual property are owned by Thinkerwave AITech Private Limited or its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service during your Subscription.

Feedback. If you give us feedback, you grant us a perpetual, worldwide, royalty-free licence to use it without restriction.

10. Confidentiality

"Confidential Information" means non-public information one party shares with the other that a reasonable person would understand to be confidential. Each party will protect the other's Confidential Information using at least the same degree of care it uses to protect its own (and no less than reasonable care), and will not disclose it except to its employees, advisors, and subprocessors who need to know and are bound by similar obligations.

11. Third-party services

The Service interoperates with third-party tools — including email providers (e.g. Gmail, Outlook) and CRMs (e.g. HubSpot, Salesforce) that you choose to connect, the AI inference providers listed in our Subprocessors page, and social networks (such as LinkedIn) that you operate under your own account per §7.1. Your use of those tools is governed by their own terms. We are not responsible for third-party services, but we will reasonably help with integration questions.

12. Warranties & disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

Without limiting the above, we do not warrant that any prospect will respond to your outreach, that any signal will result in a deal, or that any Prospect Data is accurate, current, or complete. Torbi is a tool — not a guarantee of sales outcomes.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO TORBI IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

The above limitations do not apply to (a) either party's indemnification obligations; (b) Customer's payment obligations; (c) breach of intellectual property or confidentiality obligations; or (d) liability that cannot be limited under applicable law (such as gross negligence, wilful misconduct, or fraud).

14. Indemnification

14.1 By Torbi

We will defend you against any third-party claim alleging that your authorised use of the Service infringes that third party's intellectual property rights, and pay any damages finally awarded or agreed in settlement, provided you (a) promptly notify us, (b) give us sole control of the defence, and (c) reasonably cooperate.

14.2 By Customer

You will defend Torbi against any third-party claim arising from (a) your Customer Data, (b) your outreach activities, (c) your breach of Section 6 (Acceptable Use) or Section 7 (Outreach), or (d) your violation of law in connection with the Service, and pay damages finally awarded or agreed in settlement.

15. Term & termination

These Terms continue while your Subscription is active. Either party may terminate for material breach if the other fails to cure within 30 days of written notice. You may terminate at any time by cancelling in-product; we may terminate immediately for (a) non-payment after the cure period, (b) violation of Section 6 or 7, or (c) circumstances where continued service would expose us to legal risk.

Effect of termination. Sections that by their nature survive termination (e.g. ownership, confidentiality, limitations of liability, governing law, dispute resolution) will survive.

16. Governing law

These Terms are governed by the laws of India, without regard to conflict-of-laws rules. The Indian Contract Act, 1872, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 apply where relevant. For Customers headquartered in the EU, UK, or US, mandatory consumer-protection laws in your home jurisdiction may also apply.

17. Disputes

Any dispute arising out of or relating to these Terms that cannot be resolved through good-faith negotiation within 30 days will be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement (or, failing agreement, by the Indian Council of Arbitration). The seat and venue of arbitration is Pune, Maharashtra, India. The language is English. The courts in Pune have exclusive jurisdiction for interim relief.

18. Changes to these terms

We may update these Terms from time to time. For material changes affecting your rights, we will notify active customers by email at least 30 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance.

19. General

• Entire agreement. These Terms (with the DPA and Privacy Policy) are the entire agreement on this subject and supersede prior agreements.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. A party's failure to enforce a right is not a waiver.
• Assignment. You may not assign these Terms without our consent (not to be unreasonably withheld). We may assign to an affiliate or successor in a corporate transaction.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
• Notices. We notify you via the email on your account. You notify us at legal@torbi.ai.
• Order of precedence. Order Form > DPA > these Terms > Privacy Policy.

20. Contact

Questions about these Terms — legal@torbi.ai.

Thinkerwave AITech Private Limited, India.