Terms of Service

Effective date: April 22, 2026

Agreement

These Terms of Service ("Terms") govern your use of the Totally Private AI platform and related services ("Service") operated by Totally Private AI ("TPAI," "we," "us"). By subscribing to or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms and to provide data-processing instructions on that organization's behalf.


Service description

Totally Private AI provides access to frontier AI models through an air-gapped infrastructure with no public internet egress. The Service includes a chat interface, an API proxy compatible with the OpenAI request format, and related administrative tools. The platform is designed for professional use in regulated industries including financial services, healthcare, and legal.

Service tiers

Pro is a managed SaaS offering. The environment runs in TPAI-managed infrastructure. Your data is encrypted per-user within the air-gapped boundary.

Enterprise is a dedicated deployment in your organization's own cloud account. Enterprise terms are governed by the applicable Master Services Agreement ("MSA"); where the MSA conflicts with these Terms, the MSA controls. These Terms apply to Pro subscriptions unless otherwise noted.


Beta program

The Pro tier is currently offered as a founding beta. During the beta period, the Service may have limited capacity, features may change, and pricing is offered at a reduced rate. Your beta subscription price is locked for as long as you remain continuously subscribed. We will provide at least 30 days notice before any material changes to features or functionality.

During the beta period, we retain your email address in cleartext outside the air-gapped environment for the purpose of providing support and collecting feedback. This is a temporary exception to our standard pseudonymization practice. At general availability, retained email addresses will be pseudonymized or deleted in accordance with our standard data handling described in the Privacy Policy.


Account and access

To use the Service, you must subscribe through our payment processor (Stripe) and receive access credentials. Access to the platform requires connecting through a certificate-authenticated VPN. You are responsible for maintaining the security of your VPN certificate and account credentials. Do not share your credentials with others.

You must provide a valid email address for account provisioning. Your email is pseudonymized before entering the air-gapped environment and is not stored in plaintext in the platform database. You must be at least 18 years old to use the Service. TPAI does not knowingly collect data from children under 13 (under 16 where applicable law requires). The age restriction applies to account holders; professionals may process information about minors as part of delivering their own services. You are responsible for ensuring you have the rights and consents required to process any third-party data through the Service.


Subscription and billing

Pro subscriptions are billed monthly at the rate displayed at the time of purchase. Payments are processed by Stripe. Your subscription renews automatically each month until cancelled. You may cancel at any time through your Stripe billing portal or by contacting support@totallyprivate.ai.

Refunds are discretionary and handled on a case-by-case basis, except where required by applicable law. If you are unsatisfied with the Service within the first 14 days, contact us and we will work with you.


Your data

Ownership

You own your data. Your prompts, the AI model's responses to your prompts, and any content you create using the Service belong to you. TPAI does not claim any ownership or license over your content beyond what is necessary to provide the Service.

Encryption and privacy

Your data is encrypted with a key unique to your user account. On Pro, TPAI does not access chat content under normal operations; keys are managed in AWS KMS within the deployment boundary, with access restricted and audited. On Enterprise, your organization owns the encryption keys and TPAI cannot decrypt your data. For details on how your data is collected, stored, and protected, see our Privacy Policy.

No model training

Your data is not used to train, fine-tune, or improve any AI model. The model provider (AWS Bedrock) does not use customer data for model training.

Data processing role

With respect to user content (prompts, responses, and uploaded files), TPAI acts as a data processor on your behalf. You (or your organization) remain the data controller. TPAI processes user content only as necessary to provide the Service and does not use it for any independent purpose.

Data export and deletion

You may request an export of your data at any time by contacting support@totallyprivate.ai. On cancellation, your encrypted data is retained for 30 days, then permanently deleted.


Acceptable use

You agree to use the Service for lawful purposes consistent with its intended use as a professional AI tool. You may not:

  • Use the Service to generate content that violates applicable law or regulation.
  • Attempt to circumvent the air-gapped boundary, disable security controls, or access other users' data.
  • Reverse engineer, decompile, or attempt to extract the source code of the Service.
  • Share your access credentials or VPN certificate with unauthorized individuals.
  • Use the Service in a manner that degrades performance for other users, including automated usage that materially degrades service quality or bypasses rate limits.
  • Resell or sublicense access to the Service without a written partner agreement.

We reserve the right to suspend or terminate accounts that violate these terms.


AI output disclaimer

The AI models accessed through Totally Private AI generate responses based on patterns in their training data. Model outputs may be inaccurate, incomplete, or inappropriate for your specific use case. You are responsible for reviewing, verifying, and appropriately using any AI-generated content. Do not rely on model outputs as a substitute for professional judgment, legal advice, medical advice, or financial advice.

TPAI does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated content.


Intellectual property

The Service, its design, architecture, documentation, and all associated intellectual property are owned by Totally Private AI. These Terms do not grant you any rights to TPAI's intellectual property beyond the limited right to use the Service during your active subscription.

You own your content and outputs. We claim no ownership or license over them beyond what is necessary to deliver the Service.


Service availability

We aim to maintain high availability but do not guarantee uninterrupted access to the Service. During the beta period, the Service is provided without a formal Service Level Agreement (SLA). We will make reasonable efforts to notify you of planned maintenance at least 24 hours in advance.

Enterprise deployments are covered by the SLA terms in the applicable Master Services Agreement.


Limitation of liability

To the maximum extent permitted by applicable law, TPAI's total liability to you for any claims arising from or related to the Service is limited to the amount you paid for the Service in the 12 months preceding the claim.

TPAI is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data (except as provided in our data retention commitments), or business interruption, even if we have been advised of the possibility of such damages.


Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. During the beta period, the Service may contain bugs, experience downtime, or undergo material changes.


Indemnification

You agree to indemnify and hold harmless TPAI, its officers, employees, and partners from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation.


Termination

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the period you have paid for.

We may suspend or terminate your access if you materially breach these Terms, after providing notice and a reasonable opportunity to cure where practicable. In the event of termination for cause, we will provide access to your data for export for 30 days following termination.


Changes to these terms

We may update these Terms from time to time. If we make material changes, we will notify active subscribers by email at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before they take effect.


Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. The state and federal courts located in New York, New York have non-exclusive jurisdiction over any disputes arising from these Terms or the Service, and you consent to the personal jurisdiction of those courts.

Enterprise customers contract under a Master Services Agreement; governing law and venue for Enterprise engagements are negotiated in that agreement.

Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.


Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.


Contact

For questions about these Terms:

Totally Private AI
Email: legal@totallyprivate.ai
General support: support@totallyprivate.ai