The Turn AI — a trade name of L2AD INFORMATICA
Last Updated: April 11, 2026
Effective Date: April 11, 2026
These Terms of Service (“Terms” or “Agreement”) constitute a legally binding contract between you (“Client,” “you,” or “your”) and L2AD INFORMATICA, a company organized under the laws of the Federative Republic of Brazil, taxpayer identification number (CNPJ) 23.089.779/0001-69, with its registered office at Calc das Margaridas, 163, Sala 02, Cond. Centro Comercial Alphaville, Barueri, SP, 06453-038, Brazil, operating commercially under the name The Turn AI (“Company,” “we,” “us,” or “our”). By accessing, subscribing to, or using any of the services described herein, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the legal authority to bind that entity to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
The following capitalized terms shall have the meanings ascribed below throughout this Agreement:
The Company provides Client with a dedicated, autonomous AI Agent configured to Client’s business requirements. The Agent operates across Client-selected Channels to perform tasks including, without limitation: responding to customer inquiries; qualifying sales leads; scheduling appointments; sending emails and follow-up messages; providing information about Client’s products and services; and escalating complex matters to human operators designated by Client.
The AI Agent service is offered in the following tiers:
| Plan | Monthly Fee (USD) | Interactions / Month | Key Features |
|---|---|---|---|
| Starter | $200 | 500 | 1 Agent, WhatsApp/Telegram/Webchat, Dashboard, Owner Memory |
| Pro | $500 | 2,000 | 1 Agent, all Starter features, expanded usage |
| Enterprise | Custom | Unlimited | Multiple Agents, dedicated support, custom integrations |
Interaction limits are measured on a rolling 30-day cycle commencing on Client’s subscription start date. When the monthly Interaction limit is reached, the Agent will inform End Users that it has reached its capacity and direct them to contact Client through alternative means. Client may purchase additional Interaction credits at any time.
The Company designs and delivers a single-page or multi-page professional website for Client’s business, which may include an embedded AI-powered webchat widget. The Professional Website service is a one-time purchase at a fixed fee of $79.00 USD. The website is hosted on the Company’s infrastructure for a period of twelve (12) months from the date of delivery at no additional charge. Continued hosting beyond the initial twelve-month period may be subject to a hosting fee, which will be communicated to Client at least thirty (30) days before the renewal date. Client may request the website source files for self-hosting at any time.
The Company provides a monthly search-engine optimization service (“SEO Pro”) at a fee of $49.90 USD per month. The SEO Pro service includes, without limitation: keyword research, on-page optimization recommendations, content suggestions, technical SEO audits, and periodic performance reports. The Company does not guarantee any specific search-engine ranking, traffic volume, or business outcome. Search-engine algorithms are controlled by third parties and are subject to change without notice.
3.1 To access the Service, Client must create an account by providing accurate and complete registration information. Client is responsible for maintaining the confidentiality of its account credentials, including dashboard login credentials, API tokens, and any linked Channel authentication sessions.
3.2 Client shall immediately notify the Company at hello@theturn.ai upon becoming aware of any unauthorized use of its account or any other breach of security.
3.3 The Company reserves the right to suspend or terminate any account that it reasonably believes has been compromised or is being used in violation of these Terms.
3.4 Client is solely responsible for all activity that occurs under its account, whether or not authorized by Client.
Client represents, warrants, and covenants that it shall:
4.1 Legal Basis for Data Processing. Ensure that it has a valid legal basis under all applicable data-protection laws (including but not limited to the LGPD, GDPR, and CCPA) for the collection, processing, and transfer of any Personal Data that is processed by or through the Agent. Where consent is the applicable legal basis, Client shall obtain such consent from End Users prior to their interaction with the Agent.
4.2 End-User Disclosure. Clearly and conspicuously inform all End Users, prior to or at the commencement of any interaction, that they are communicating with an artificial-intelligence agent and not a human being. Client shall ensure that such disclosure complies with all applicable consumer-protection and transparency laws, including but not limited to the California Bolstering Online Transparency (BOT) Act (Cal. Bus. & Prof. Code § 17940 et seq.) and any analogous legislation.
4.3 Anti-Spam Compliance. Comply with all applicable anti-spam and electronic-communications laws when using the Service to send outbound messages, including but not limited to the U.S. CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), the Canadian Anti-Spam Legislation (CASL, S.C. 2010, c. 23), the European ePrivacy Directive (Directive 2002/58/EC), and Brazilian Decree No. 7,962/2013. Client shall maintain appropriate opt-out mechanisms and honor unsubscribe requests promptly.
4.4 Accuracy of Business Data. Ensure that all Business Data provided to the Company for the purpose of configuring or operating the Agent is accurate, current, lawful, and not misleading. Client acknowledges that the Agent’s responses are derived from Business Data supplied by Client, and the Company shall not be liable for inaccurate, incomplete, or misleading Agent outputs that result from deficient Business Data.
4.5 Compliance with Channel Policies. Comply with the terms of service, acceptable-use policies, and community guidelines of each Channel through which the Agent operates, including the WhatsApp Business Policy, WhatsApp Commerce Policy, Telegram Terms of Service, and any other applicable third-party terms. Client acknowledges that Channel availability is contingent on the policies and operational decisions of third-party Channel providers, and the Company does not guarantee uninterrupted Channel access.
4.6 Human Oversight. Maintain appropriate human oversight of the Agent’s operations, including periodic review of Agent-generated responses, escalation procedures for complex or sensitive matters, and a designated point of contact for urgent situations. Client shall not rely solely on the Agent for decisions that require professional judgment, including medical, legal, financial, or safety-critical determinations.
4.7 Regulatory Compliance. Comply with all applicable laws, regulations, and industry standards in connection with its use of the Service, including but not limited to consumer-protection laws, advertising standards, financial regulations, healthcare privacy laws (such as HIPAA, where applicable), and telecommunications regulations.
Client agrees not to use, and not to permit any third party to use, the Service for any purpose that is unlawful, harmful, or prohibited by these Terms. Without limiting the generality of the foregoing, Client shall not:
5.1 Spam and Unsolicited Communications. Use the Service to send unsolicited bulk messages, unsolicited commercial email, or any communication that violates applicable anti-spam laws. Client shall not use the outreach features of the Service (including email via SendGrid or SMS) to contact individuals who have not provided prior express consent or with whom Client does not have a pre-existing business relationship, as required by applicable law.
5.2 Illegal Activity. Use the Service in connection with any activity that violates any applicable local, state, national, or international law or regulation, including but not limited to fraud, money laundering, terrorism financing, trafficking in illegal goods or services, or any activity that would give rise to criminal liability.
5.3 Critical Decisions Without Human Oversight. Use the Agent as the sole decision-maker for any matter that could materially affect the health, safety, legal rights, financial position, or fundamental freedoms of any person, including but not limited to: (a) medical diagnosis, treatment recommendations, or triage; (b) legal advice, contract interpretation, or dispute resolution; (c) financial advice, investment recommendations, credit decisions, or insurance underwriting; (d) employment decisions, including hiring, termination, or disciplinary actions; (e) law enforcement or criminal-justice determinations; or (f) any decision that would be classified as “high-risk” under the European Union Artificial Intelligence Act (Regulation (EU) 2024/1689) or analogous legislation.
5.4 Impersonation. Use the Service to impersonate any person, entity, or organization; misrepresent Client’s affiliation with any person, entity, or organization; or create a false impression that the Agent is a human being in contexts where such misrepresentation is prohibited by law or likely to deceive consumers.
5.5 Harmful Content. Use the Service to generate, distribute, or store content that is defamatory, obscene, pornographic, threatening, harassing, discriminatory on the basis of race, gender, religion, national origin, disability, sexual orientation, or age, or that promotes violence or hatred against any individual or group.
5.6 Intellectual Property Infringement. Use the Service to infringe, misappropriate, or violate any third party’s intellectual-property rights, including copyrights, trademarks, patents, trade secrets, or rights of publicity and privacy.
5.7 Interference with the Service. Engage in any activity that disrupts, degrades, impairs, or interferes with the integrity, performance, or availability of the Service or the Company’s infrastructure, including but not limited to denial-of-service attacks, injection of malicious code, unauthorized access to other clients’ data, reverse engineering, decompiling, or disassembling the Platform.
5.8 Resale Without Authorization. Resell, sublicense, or redistribute the Service, or any component thereof, to any third party without the prior written consent of the Company.
5.9 Circumvention. Attempt to circumvent any usage limits, rate limits, security controls, authentication mechanisms, or access restrictions implemented by the Company.
5.10 Violation of Third-Party Terms. Use the Service in a manner that causes the Company to violate the terms of service or acceptable-use policies of any third-party provider, including Anthropic, OpenAI, Google, Meta, Telegram, Twilio, SendGrid, Stripe, or DigitalOcean.
The Company reserves the right to suspend or terminate Client’s access to the Service immediately and without prior notice if it reasonably determines that Client has violated any provision of this Section 5. Such suspension or termination shall not relieve Client of its obligation to pay any fees accrued prior to the date of suspension or termination.
CLIENT ACKNOWLEDGES AND AGREES TO THE FOLLOWING:
6.1 No Guarantee of Accuracy. The Service relies on third-party large language models and other artificial-intelligence technologies that generate outputs probabilistically. AI-Generated Content may contain errors, inaccuracies, omissions, fabricated information (“hallucinations”), or statements that are misleading, incomplete, or factually incorrect. THE COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI-GENERATED CONTENT.
6.2 Not Professional Advice. AI-Generated Content does not constitute medical, legal, financial, tax, accounting, investment, insurance, real-estate, engineering, or any other form of professional advice. Client shall not represent AI-Generated Content to End Users or any third party as professional advice. Any reliance on AI-Generated Content is at the sole risk of the party relying on it.
6.3 Human Review Required. Client is solely responsible for reviewing, verifying, and approving all AI-Generated Content before it is disseminated to End Users or used for any business purpose. Where the Agent operates autonomously (i.e., without requiring pre-approval for each response), Client accepts full responsibility for all Agent outputs and holds the Company harmless for any consequences arising from unreviewed or unapproved AI-Generated Content.
6.4 Evolving Technology. Artificial-intelligence technology is evolving rapidly. The underlying models, their capabilities, their limitations, and their behavior may change over time as third-party providers update their systems. The Company reserves the right to change the AI models powering the Service at any time, provided that such changes do not materially degrade the Service during a paid Subscription Period.
6.5 Third-Party AI Providers. The Service utilizes AI models provided by third parties, including but not limited to Anthropic, PBC (Claude models), OpenAI, Inc. (GPT models), and Google LLC (Gemini models), accessed directly or through API aggregation services. Client’s use of the Service is also subject to the acceptable-use policies of these third-party providers. The Company shall not be liable for any actions, omissions, outages, policy changes, or terms modifications by third-party AI providers.
6.6 No Autonomous Legal Personality. The Agent is software. It does not have legal personality, agency, or authority to bind Client or the Company to any contract, obligation, or representation unless Client has expressly authorized such action in writing and has configured the Agent accordingly. Client is solely responsible for any commitments, representations, or obligations that the Agent communicates to End Users.
7.1 Privacy Policy. The Company’s collection, use, and disclosure of Personal Data is governed by the Company’s Privacy Policy, available at https://theturn.ai/privacy, which is incorporated herein by reference.
7.2 Controller and Processor Roles. With respect to Personal Data of End Users processed through the Agent, Client is the data controller (or “controlador” under the LGPD) and the Company is the data processor (or “operador” under the LGPD). The Company processes Personal Data solely on Client’s documented instructions and for the purpose of providing the Service.
7.3 Data Processing Agreement. Upon Client’s request, the Company shall enter into a Data Processing Agreement (“DPA”) that complies with the requirements of the LGPD, GDPR, CCPA, and other applicable data-protection laws. Client may request a DPA by contacting hello@theturn.ai.
7.4 Sub-processors. Client acknowledges and authorizes the Company’s use of the following categories of sub-processors: (a) cloud infrastructure providers (DigitalOcean, Inc.); (b) AI model providers (Anthropic, PBC; OpenAI, Inc.; Google LLC; and others accessed via OpenRouter); (c) communication providers (Twilio Inc.; SendGrid; WhatsApp LLC; Telegram FZ-LLC); (d) payment processors (Stripe, Inc.); and (e) such other sub-processors as the Company may engage from time to time, provided that the Company shall maintain an up-to-date list of sub-processors and notify Client of any material additions.
7.5 Data Location. The Service is hosted on servers located in the United States of America. By using the Service, Client consents to the transfer and processing of data in the United States, subject to appropriate safeguards as required by applicable data-protection laws.
7.6 Data Security. The Company implements commercially reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of Client data. However, no system is completely secure, and the Company does not guarantee that Client data will be immune from unauthorized access, loss, or breach.
7.7 AI Model Training. The Company does not use Client’s Business Data or End User data to train, fine-tune, or improve general-purpose AI models. Client data is used solely for the purpose of providing the Service to Client. However, Client acknowledges that third-party AI providers may have their own data-usage policies, and the Company directs Client to review such policies independently.
8.1 Fees. Client shall pay the fees applicable to the selected Service plan as set forth on the Company’s website or as agreed in a separate order form or statement of work. All fees are stated and payable in United States Dollars (USD) unless otherwise specified.
8.2 Payment Method. Payments are processed through Stripe, Inc. Client shall provide a valid payment method (credit card, debit card, or other accepted method) and authorizes the Company to charge such payment method for all fees and charges incurred.
8.3 Subscription Billing and Auto-Renewal. SUBSCRIPTION SERVICES (AI AGENTS AND SEO PRO) ARE BILLED ON A RECURRING MONTHLY BASIS AND WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS CANCELLED BY CLIENT PRIOR TO THE RENEWAL DATE. By subscribing, Client expressly consents to automatic recurring charges. Client may cancel auto-renewal at any time by contacting the Company at hello@theturn.ai or through the Client Dashboard. Cancellation must be received at least five (5) calendar days before the next billing date to avoid being charged for the subsequent Subscription Period. This auto-renewal provision is provided in compliance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) and the New York General Business Law § 527-a.
8.4 Price Changes. The Company may adjust subscription fees upon at least thirty (30) days’ prior written notice to Client. If Client does not agree to the revised fees, Client’s sole remedy is to cancel the subscription before the new fees take effect. Continued use of the Service after the effective date of a price change constitutes acceptance of the revised fees.
8.5 Taxes. All fees are exclusive of applicable taxes, duties, levies, or assessments imposed by any governmental authority (collectively, “Taxes”). Client is responsible for all Taxes associated with its use of the Service, except for taxes based on the Company’s net income.
8.6 Late Payment. If any payment is not received by the due date, the Company may: (a) charge interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law; (b) suspend Client’s access to the Service until all outstanding amounts are paid in full; and (c) engage a collections agency or pursue legal remedies to recover the outstanding balance, plus reasonable attorneys’ fees and costs.
8.7 Refund Policy.
8.8 Free Trials and Promotional Offers. The Company may offer free trials or promotional pricing at its sole discretion. At the conclusion of any free trial, Client’s account will automatically convert to a paid subscription at the then-current standard rate unless Client cancels before the trial period expires. The Company will provide clear notice of the trial expiration date and the applicable fees before conversion.
9.1 Company IP. The Platform, including all software, algorithms, user interfaces, designs, documentation, trade names, trademarks, service marks, logos, and all other intellectual property embodied therein, is and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms grants Client any right, title, or interest in or to the Platform except the limited right to use the Service as expressly provided herein.
9.2 Client Data. As between the parties, Client retains all right, title, and interest in and to its Business Data and any Personal Data for which Client is the data controller. Client grants the Company a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Client’s Business Data solely for the purpose of providing the Service.
9.3 AI-Generated Content Ownership. The ownership of AI-Generated Content is subject to evolving legal frameworks and may vary by jurisdiction. To the extent that AI-Generated Content is protectable under applicable intellectual-property law, the Company hereby assigns to Client all right, title, and interest that the Company may hold in AI-Generated Content generated specifically for Client through the Service. HOWEVER, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT AI-GENERATED CONTENT IS PROTECTABLE UNDER COPYRIGHT OR ANY OTHER INTELLECTUAL-PROPERTY REGIME. Client uses AI-Generated Content at its own risk and is solely responsible for ensuring that such content does not infringe third-party rights.
9.4 Feedback. If Client provides the Company with any suggestions, ideas, enhancement requests, or other feedback regarding the Service (“Feedback”), Client hereby grants the Company an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, and incorporate such Feedback into the Platform without any obligation or compensation to Client.
9.5 Aggregated and Anonymized Data. The Company may collect, aggregate, and anonymize data derived from Client’s use of the Service for purposes of improving the Platform, generating benchmarks, and conducting research, provided that such aggregated data does not identify Client, any End User, or any natural person.
10.1 Obligations. Each party agrees to: (a) maintain the other party’s Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or agents who have a need to know and are bound by confidentiality obligations at least as protective as those set forth herein; and (c) not use Confidential Information for any purpose other than performing its obligations or exercising its rights under this Agreement.
10.2 Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is rightfully received from a third party without restriction on disclosure; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
10.3 Compelled Disclosure. If a receiving party is compelled by law, regulation, or court order to disclose Confidential Information, it shall, to the extent legally permitted, provide the disclosing party with prompt written notice so that the disclosing party may seek a protective order or other appropriate remedy.
10.4 Duration. The obligations of confidentiality set forth in this Section 10 shall survive the termination or expiration of this Agreement for a period of three (3) years, except with respect to trade secrets, which shall be protected for as long as they retain their trade-secret status under applicable law.
11.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR CLIENT’S INTENDED USE.
11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CLIENT TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3 Exclusion of Consequential Damages. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4 Carve-Outs. The limitations set forth in Sections 11.2 and 11.3 shall not apply to: (a) the Company’s gross negligence or willful misconduct; (b) the Company’s breach of its confidentiality obligations under Section 10; (c) the Company’s indemnification obligations, if any; or (d) liabilities that cannot be limited or excluded under applicable mandatory law, including consumer-protection statutes of the Federative Republic of Brazil (Código de Defesa do Consumidor, Law No. 8,078/1990).
11.5 Essential Purpose. Client acknowledges that the fees charged by the Company reflect the allocation of risk set forth in this Section 11, and that the Company would not enter into this Agreement without the limitations and exclusions of liability contained herein. The limitations of liability shall apply even if any limited remedy provided herein fails of its essential purpose.
12.1 Client Indemnification. Client shall defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Company Indemnitees”) from and against any and all claims, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
12.2 Indemnification Procedure. The Company shall promptly notify Client of any claim for which it seeks indemnification. Client shall have the right to control the defense of such claim, provided that (a) Client shall not settle any claim without the Company’s prior written consent if the settlement imposes any obligation on the Company or does not include a complete and unconditional release of the Company Indemnitees, and (b) the Company shall have the right to participate in the defense at its own expense.
13.1 Term. This Agreement commences on the date Client first accesses or subscribes to the Service and continues until terminated by either party in accordance with this Section 13.
13.2 Termination for Convenience. Either party may terminate a subscription-based Service by providing written notice to the other party at least five (5) calendar days before the end of the then-current Subscription Period. Termination shall take effect at the end of the current paid Subscription Period.
13.3 Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches any provision of this Agreement and fails to cure such breach within fifteen (15) calendar days after receiving written notice of the breach; (b) becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors; or (c) ceases to operate in the ordinary course of business.
13.4 Termination by Company for AUP Violations. The Company may suspend or terminate Client’s access to the Service immediately and without prior notice if the Company reasonably determines that Client has violated the Acceptable Use Policy (Section 5) or that Client’s continued use poses a risk of harm to the Company, the Platform, other clients, or third parties.
13.5 Effects of Termination. Upon termination or expiration of this Agreement:
14.1 Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) to the extent such failure or delay is caused by events, circumstances, or causes beyond the reasonable control of the affected party, including but not limited to: acts of God; natural disasters; epidemics or pandemics; war, terrorism, or civil unrest; government actions, sanctions, embargoes, or trade restrictions; labor disputes or strikes; failures or disruptions of telecommunications, internet, or power infrastructure; cyberattacks; and outages, downtime, rate-limiting, policy changes, service discontinuations, or access restrictions imposed by third-party AI providers (including Anthropic, OpenAI, and Google), cloud-infrastructure providers (including DigitalOcean), Channel providers (including Meta/WhatsApp and Telegram), or payment processors (including Stripe) (each, a “Force Majeure Event”).
14.2 The affected party shall give the other party prompt written notice of the Force Majeure Event and use commercially reasonable efforts to mitigate its effects. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected Service upon written notice to the other party, and Client shall receive a prorated refund of any prepaid fees for the period of non-performance.
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-laws principles.
15.2 Jurisdiction. Any dispute, claim, or controversy arising out of or relating to this Agreement that is not resolved through the informal negotiation process described in Section 15.3 shall be brought exclusively in the state or federal courts located in Orange County, Florida, and each party irrevocably consents to the personal jurisdiction and venue of such courts.
15.3 Informal Resolution. Before initiating any formal legal proceeding, the parties shall attempt in good faith to resolve any dispute through informal negotiation for a period of at least thirty (30) calendar days after written notice of the dispute is provided to the other party.
15.4 LGPD Carve-Out for Brazilian Consumers. Notwithstanding the foregoing, if Client is a natural person who qualifies as a consumer (“consumidor”) under the Brazilian Consumer Defense Code (Lei No. 8.078/1990, Código de Defesa do Consumidor), and the subject matter of the dispute involves the processing of Personal Data governed by the LGPD (Lei No. 13.709/2018), Client may elect to submit the dispute to the courts of Client’s domicile in Brazil, in accordance with Article 101, I, of the Consumer Defense Code. In such cases, Brazilian law shall apply to the extent mandated by the LGPD and the Consumer Defense Code.
15.5 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. If a court of competent jurisdiction determines that this class-action waiver is unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
16.1 Client represents and warrants that it is not: (a) located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, or the United Nations (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) listed on any OFAC Specially Designated Nationals and Blocked Persons (“SDN”) list, the EU Consolidated Financial Sanctions list, or any other applicable sanctions or restricted-party list; or (c) owned or controlled by, or acting on behalf of, any person or entity described in (a) or (b).
16.2 Client shall not access or use the Service in any manner that would cause the Company to violate U.S. Export Administration Regulations (EAR), OFAC sanctions regulations, or any other applicable export-control or sanctions laws.
16.3 Client shall indemnify the Company for any losses, damages, fines, or penalties arising from Client’s breach of this Section 16.
17.1 Right to Modify. The Company reserves the right to modify these Terms at any time. Modifications shall be posted on the Company’s website at https://theturn.ai/terms.
17.2 Notice of Material Changes. For material changes that adversely affect Client’s rights or obligations, the Company shall provide at least thirty (30) calendar days’ prior written notice via email to the address associated with Client’s account. Material changes include, without limitation, changes to pricing, limitations of liability, data-processing practices, or dispute-resolution mechanisms.
17.3 Acceptance. Client’s continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If Client does not agree to the modified Terms, Client must discontinue use of the Service and cancel its subscription before the modified Terms take effect.
18.1 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if modification is not possible, shall be severed from this Agreement. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.
18.2 Entire Agreement. This Agreement, together with the Privacy Policy, any applicable DPA, and any order forms or statements of work executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.
18.3 Assignment. Client may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign this Agreement, in whole or in part, to any successor in interest, whether by merger, acquisition, reorganization, or sale of all or substantially all of its assets, upon written notice to Client. Any attempted assignment in violation of this Section shall be void.
18.4 Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party to be effective.
18.5 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered: (a) upon personal delivery; (b) upon confirmation of receipt when sent by email to hello@theturn.ai (for notices to the Company) or to the email address associated with Client’s account (for notices to Client); or (c) three (3) business days after being sent by certified mail, return receipt requested, to the addresses set forth above.
18.6 No Third-Party Beneficiaries. This Agreement does not create any rights in any third party, including End Users, and no third party may enforce any provision of this Agreement. End Users are not parties to this Agreement and have no contractual relationship with the Company arising from their interaction with an Agent.
18.7 Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, franchise, fiduciary, employment, or agency relationship between the parties.
18.8 Headings. The section headings in this Agreement are for convenience of reference only and shall not affect the interpretation of any provision.
18.9 Counterparts. To the extent this Agreement is executed as a separate written instrument, it may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid and binding.
18.10 Language. This Agreement is drafted in English. In the event of any conflict between an English version and a translated version, the English version shall prevail, except where applicable local law requires the local-language version to control.
For questions, concerns, or notices regarding these Terms of Service, please contact:
L2AD INFORMATICA (d/b/a The Turn AI)
Email: hello@theturn.ai
Address: Calc das Margaridas, 163, Sala 02, Cond. Centro Comercial Alphaville, Barueri, SP, 06453-038, Brazil
CNPJ: 23.089.779/0001-69
By using the Service, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.