Terms of Service

Tinfoil, Inc. ("Tinfoil," "we," "us," or "our") provides tinfoil.sh, Tinfoil Chat, the Tinfoil Inference API, Tinfoil Containers, our apps, websites, and related services (together, the "Services"). These Terms of Service ("Terms") are a legally binding agreement between you and Tinfoil.

By using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

These Terms contain a mandatory arbitration provision in Section 17. That provision requires most disputes to be resolved through individual arbitration and does not allow jury trials or class actions.

If you have a signed order form, Data Processing Addendum, Business Associate Agreement, or other written agreement with Tinfoil, that agreement controls where it expressly conflicts with these Terms.

1. Who may use Tinfoil

You must be at least 13 years old or the minimum age required in your country to consent to use online services. If you are under 18, you may use the Services only with permission from your parent or legal guardian.

If you use paid plans, API access, or Tinfoil Containers as an individual, you must be 18 or older. If you use them for an organization, you represent that you are authorized to act for that organization. You also represent that you are not barred from using the Services under applicable laws, export controls, sanctions, or restricted-party rules.

2. The Services

Tinfoil provides three principal Services:

We use "secure enclave" to describe a hardware-isolated confidential virtual machine or equivalent confidential computing environment. These environments rely on hardware, firmware, cloud infrastructure, and vendor attestation roots, including AMD, Intel, and NVIDIA technologies where used.

• Tinfoil Chat: a hosted AI chat interface where chat inference runs inside secure enclaves. Encrypted backups of your chat history may be stored on our servers for multi-device sync, but the backup encryption keys are held on your device.
• Tinfoil Inference API: OpenAI-compatible inference endpoints that run inside secure enclaves. Prompts and responses are not retained after the response is returned.
• Tinfoil Containers: a confidential compute platform where you deploy container images inside secure enclaves, with attestation available before you submit sensitive workloads.

We may update, improve, suspend, or discontinue parts of the Services. Software we provide may update automatically. If you use third-party services with Tinfoil, those services are governed by their own terms and privacy policies.

3. Accounts and security

You may need an account to use some Services. You must provide accurate account information, keep it current, protect your login credentials and API keys, and use devices with up-to-date operating systems and security software. You may not share accounts or API keys. You are responsible for all activity under your account and API keys.

Please notify us promptly if you suspect unauthorized account or API key use.

4. Privacy and confidential computing

Our Privacy Policy explains how we collect and use information. It is incorporated into these Terms.

Tinfoil uses confidential computing for AI inference and Containers. The Services are designed so we do not have access to plaintext prompts, responses, or in-enclave workload contents processed through confidential computing. The operational data visible to us includes information needed to run the Services, such as account information, authentication data, billing information, usage metrics, security logs, deployment metadata, and support communications.

Confidential computing reduces risk, but it does not eliminate all risk. Hardware vulnerabilities, firmware issues, side channels, customer misconfiguration, compromised credentials, and third-party infrastructure outside our control may affect security.

5. Content and AI outputs

You may provide prompts, files, messages, container images, workloads, feedback, support messages, or other content to the Services ("Your Content"). You are responsible for Your Content and for making sure you have the rights needed to provide it to Tinfoil.

For communications sent directly to us outside the private chat, API, or Container surfaces, such as feedback or support requests, you grant us permission to use those communications to respond, operate, improve, and market the Services. This permission does not apply to prompts, files, outputs, or workloads submitted only through Tinfoil Chat, the API, or Containers; those are handled as described in the Privacy Policy and these Terms.

AI outputs may be inaccurate, incomplete, offensive, or not suitable for your use case. You are responsible for reviewing outputs before using or sharing them. Do not rely on outputs as a sole source of truth or as a substitute for professional advice.

The Services and outputs are not legal, medical, financial, or other professional advice. Consult qualified professionals for advice specific to your situation.

6. Payments, subscriptions, and taxes

Some Services require payment. Fees may include fixed subscription fees and usage-based fees. You agree to pay all applicable fees and taxes. Web payments are processed by Stripe or another payment processor we identify. Mobile subscriptions through the Apple App Store or Google Play are governed by the relevant app store's payment, billing, refund, cancellation, and auto-renewal terms; we receive subscription status through RevenueCat to enable paid features.

Subscriptions renew automatically unless you cancel before the renewal date. You can cancel in account settings, through the relevant app store for mobile subscriptions, or by contacting us. Except where required by law, fees already paid are non-refundable, and cancellation prevents future renewals.

We may change prices with at least 30 days' notice by email or through the Services. Price increases apply to the next renewal, not the current active subscription term. We may suspend or terminate access for non-payment.

Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable sales, use, VAT, withholding, and similar taxes, except taxes based on Tinfoil's income.

7. Tinfoil Containers

This Section applies to Tinfoil Containers. Containers run inside secure enclaves implemented as hardware-supported confidential virtual machines (CVMs) with memory encryption and hardware-enforced isolation. Tinfoil operates the underlying physical infrastructure, orchestration, and networking. During normal operation, the contents of memory and storage inside a running Container are not accessible to us.

Containers are a shared-responsibility service: Tinfoil is responsible for the infrastructure we operate, and you are responsible for what you deploy, configure, expose, store, and execute inside your Container.

You are responsible for independently verifying attestation before submitting sensitive workloads. Attestation describes enclave integrity and configuration at a point in time; it is not a warranty that the underlying hardware is free of undisclosed vulnerabilities. You should not treat attestation as a substitute for your own security review, key-management practices, access controls, or workload hardening.

You are responsible for your workload design, container images, application code, configuration, environment variables, secrets, identity and access controls, credentials, data, logging, persistence, backup, checkpointing, recovery, and all actions taken by or through your Container. Tinfoil does not provide backup of in-enclave state and cannot recover, reconstruct, or provide access to your in-enclave data, secrets, or workload state.

We may suspend or terminate a Container without prior notice if we reasonably believe it is necessary to protect the Services, our infrastructure, or other customers; if you violate these Terms; if required by law; or for non-payment. Suspension may interrupt your workload mid-execution, and we are not responsible for consequences of that interruption. On termination, the Container and its encrypted state will be decommissioned and rendered irrecoverable.

Your use of Containers does not give you any right to physically access or possess Tinfoil servers, hardware, equipment, or other assets. In addition to the indemnity in Section 14, you agree to defend and indemnify Tinfoil and its affiliates from claims arising from your Container workloads, credentials, data processing, or use of third-party materials.

8. Acceptable use

You may not use the Services, or allow anyone else to use the Services, for illegal, harmful, abusive, or unsafe activity. For example, you may not:

• Violate law, regulation, sanctions, export controls, or the rights of others.
• Generate, store, or distribute child sexual abuse material or content that exploits or endangers minors.
• Facilitate terrorism, violent extremism, human trafficking, serious violence, or other serious harm.
• Harass, defame, threaten, impersonate, deceive, or unlawfully discriminate against others.
• Distribute spam, malware, ransomware, spyware, or other malicious code.
• Generate sexually explicit content involving real, identifiable persons without consent.
• Create deceptive synthetic media or misrepresent AI-generated content where disclosure is required by law, including under the EU AI Act and applicable FTC guidance.
• Circumvent, disable, or manipulate safety controls, alignment mechanisms, watermarking, provenance signals, or content filters, including provenance and disclosure mechanisms required by the EU AI Act.
• Provide instructions or assistance for controlled or illegal compounds, weapons, or other materials likely to cause serious physical harm.
• Probe, scan, attack, overload, or bypass the Services, attestation, authentication, rate limits, quotas, or other controls.
• Falsify billing, usage, verification, or attestation data.
• Scrape or automatically extract data except through published APIs and documented limits.

You may not use the Services to process Protected Health Information under HIPAA, payment card data outside our payment processors, or other regulated data unless we have a written agreement that expressly permits and governs that use. Tinfoil is not a HIPAA business associate unless we sign a Business Associate Agreement expressly covering the applicable Services.

You may not use AI outputs as the sole basis for decisions with legal, financial, employment, housing, healthcare, or similarly significant effects without appropriate human review and professional oversight. Where applicable law (such as the EU AI Act) requires licensed professionals, transparency notices, or other safeguards for high-risk uses, you are responsible for complying with those requirements.

The Services are not designed or warranted for high-risk or fail-safe uses, such as nuclear facilities, air traffic control, life-support systems, weapons systems, or critical infrastructure where failure could lead to death, personal injury, or severe physical or environmental damage.

We may investigate suspected violations and may throttle, suspend, quarantine, or terminate access, remove or disable access to content, report unlawful activity, or cooperate with valid legal requests.

9. Availability, beta features, and support

We strive to keep the Services available, but we do not guarantee uninterrupted service. We target 99.9% monthly uptime, excluding scheduled maintenance, but do not guarantee uptime above 95%. Scheduled maintenance will be announced at least 24 hours in advance where practical. Emergency maintenance may occur without notice.

If monthly availability falls below 95% for reasons within our reasonable control, affected paying users may request reimbursement of usage costs incurred during the downtime below that guarantee floor. Reimbursement is the sole remedy for availability below this target and does not apply to scheduled maintenance, emergency maintenance, beta features, third-party outages, or issues caused by your systems, configuration, or use of the Services.

We may apply and change reasonable rate limits, quotas, and usage controls to protect the Services, manage capacity, prevent abuse, or enforce plan limits.

Enterprise-specific service levels, support response times, service credits, reimbursements, and other availability commitments apply only if stated in a signed order form or separate written agreement with Tinfoil.

Features labeled alpha, beta, preview, or similar are provided as is, may contain defects, may change or be discontinued, and are excluded from service-level targets, support commitments, and indemnification commitments unless we say otherwise in writing.

10. Intellectual property

Tinfoil and its licensors own the Services, including software, designs, graphics, logos, interfaces, text, and other materials. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services under these Terms. We do not grant you rights to use Tinfoil trademarks, logos, or brand assets except as we separately permit.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services except as allowed by law or by a separate written agreement.

11. Copyright and intellectual-property complaints

The Services do not provide a public user-content hosting feature. If you believe material available through the Services infringes your intellectual property rights, contact us using the information in Section 20 and include enough information for us to evaluate your request. If we determine that material available through the Services infringes another person's intellectual property, we may take appropriate action, including disabling access where technically possible, terminating an account, or ending use of the Services.

12. Termination

You may stop using the Services or delete your account at any time in settings or by contacting us. When you delete your account, we delete personal data that Tinfoil controls, subject to the retention periods and exceptions in our Privacy Policy, including legal, billing, security, fraud-prevention, dispute-resolution, and operational records.

We may suspend or terminate your account or access to the Services if you violate these Terms, if your use creates risk or harm, if we must do so to comply with law, for non-payment, or for any other reason permitted by law. Sections concerning payment obligations, ownership, restrictions, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, export compliance, and provisions that by their nature should survive will survive termination.

13. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Tinfoil and its affiliates and licensors disclaim all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, security, and suitability.

We do not guarantee that the Services will be uninterrupted, secure, error-free, free of viruses or harmful materials, or that outputs or results will meet your expectations. You use the Services and AI outputs at your own risk. Some jurisdictions do not allow certain warranty limitations, so some limits may not apply to you.

14. Limitation of liability and indemnity

To the fullest extent permitted by law, Tinfoil and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost goodwill, loss of use, loss of data, or service interruption, even if we knew those damages were possible. Our total liability for claims relating to the Services is limited to the greater of $100 or the amount you paid Tinfoil for the Service that gave rise to the claim in the 12 months before the claim arose.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Tinfoil, its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from your use of the Services, Your Content, your Container workloads, your violation of law or third party rights, or your violation of these Terms.

We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us as requested.

15. Communications and changes

You agree to receive electronic communications from us, including emails, notices, and messages through the Services. Electronic communications satisfy any legal requirement that notices be in writing. You can manage communication preferences in account settings or by contacting us.

We may update these Terms from time to time. We will update the "Last Updated" date and, when required or when changes materially affect you, provide additional notice. If you continue using the Services after updated Terms take effect, you accept the updated Terms.

16. Governing law

California law governs these Terms, without regard to conflict of law rules. Except for disputes subject to arbitration or small claims court, claims relating to these Terms or the Services will be brought exclusively in the state or federal courts located in San Francisco, California.

17. Dispute resolution

You and Tinfoil agree to resolve disputes by individual arbitration, not in court or as part of a class action, except as described below. Some court procedures, such as discovery, may be unavailable or limited in arbitration.

Before starting arbitration, the initiating party must give the other party at least 60 days' advance written notice of its intent to arbitrate. We will send notice to your email address on file. You must send notice using the contact information in Section 20. During the 60-day period, the parties will try to resolve the dispute informally.

If the dispute is not resolved, either party may start binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules. Claims must be arbitrated individually and may not be consolidated with another person's claims. Arbitration will take place in San Francisco County, California, unless AAA rules require a different location or remote proceeding for a consumer claimant. Judgment on the award may be entered in any court with jurisdiction.

Either party may bring an individual claim in small claims court where permitted, and either party may seek interim or preliminary court relief as necessary to protect its rights or property.

18. General terms

You may not assign or transfer your rights or obligations under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

Our failure to enforce a provision is not a waiver of our right to enforce it later. If any provision is invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in effect. Any claim relating to the Services must be filed within one year after the claim arose, unless law prohibits that limitation.

These Terms, together with the Privacy Policy and any other written agreement you enter with Tinfoil for the Services, are the entire agreement between you and Tinfoil regarding the Services and supersede prior terms regarding the Services.

19. Export controls and sanctions

You must comply with all applicable export control and sanctions laws, including the U.S. Export Administration Regulations and U.S. sanctions programs. You may not use the Services in, for the benefit of, or for export or re-export to an embargoed or restricted country or person. Your use may not involve controlled technical data without appropriate authorization.

20. Contact us

If you have questions about these Terms, contact us at contact@tinfoil.sh.