Terms of Service

Effective Date: March 1, 2026

Welcome to Tortuga! These Terms of Service (“Terms”) govern your use of the services provided by Tortuga AI, Inc. (“Tortuga,” “we,” “our,” or “us”), including the bytortuga.com website, our newsletter, and any associated applications or tools (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Note: Certain Tortuga products (including Quartermaster, Captain, Ovii, and Flagship) may have their own additional terms. If there is a conflict between these Terms and any product-specific terms, the product-specific terms will control for that product.

1. The Services

Tortuga offers two subscription tiers:

  • Free Tier: Access to the Tortuga newsletter and Captain.
  • Paid Tier: Access to the Tortuga newsletter and all Tortuga products included in the paid plan at the time of subscription.

We may change, add, or remove features or products from either tier at any time. We will make reasonable efforts to notify you of material changes.

2. Your Account

You may need to create an account to access certain Services. You agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

If you become aware of any unauthorized use of your account, contact us immediately at support@bytortuga.com.

3. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law.
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Services.
  • Scrape, crawl, or automatically extract content from the Services except as expressly permitted.
  • Resell, redistribute, or sublicense access to the Services without our prior written consent.

We may suspend or terminate your access if you violate these Terms or if we reasonably believe your conduct may harm Tortuga, other users, or third parties.

4. Payment

If you subscribe to a paid tier, you agree to pay all applicable fees. Fees are charged in advance on a recurring basis (monthly or annually, depending on your selected plan) through our third-party payment processor.

  • Automatic Renewal: Paid subscriptions renew automatically unless you cancel before the renewal date.
  • Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial billing periods.
  • Price Changes: We may change our pricing with reasonable advance notice. Continued use of the paid Services after a price change constitutes your acceptance of the new pricing.

5. Intellectual Property

All content, design, code, and other materials comprising the Services are owned by Tortuga or our licensors and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services.

Content you submit through the Services remains yours. By submitting content, you grant Tortuga a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content solely as necessary to provide the Services to you.

6. Newsletter and Communications

By subscribing to the free or paid tier, you consent to receive our newsletter and service-related communications. You may unsubscribe from marketing emails at any time using the unsubscribe link in any email. Service-related communications (such as billing notices or security alerts) may continue regardless of your marketing preferences.

7. Third-Party Services

The Services may integrate with or link to third-party services. We are not responsible for any third-party services, and your use of them is subject to their own terms and policies.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TORTUGA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TORTUGA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify and hold harmless Tortuga, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.

12. Termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access at our discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, Sections 5, 8, 9, 10, and 14 will survive.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

14. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted by a single arbitrator in Delaware. You and Tortuga each waive the right to a jury trial and the right to participate in a class action.

Either party may bring a claim in small claims court as an alternative to arbitration, provided the claim falls within the court’s jurisdiction.

15. General

  • Entire Agreement. These Terms, together with any applicable product-specific terms and our Privacy Policy, constitute the entire agreement between you and Tortuga regarding the Services.
  • Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
  • No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

16. Contact Us

If you have questions about these Terms, contact us at:

Tortuga AI, Inc.
1111B S Governors Ave Ste. 82857
Dover, DE 19904
support@bytortuga.com