Terms of Service

1. Agreement and parties

These Terms of Service ("Terms") govern access to and use of the Traken platform and related services ("Service") provided by Headframe sp. z o.o., a limited liability company (spółka z ograniczoną odpowiedzialnością) organised under the laws of Poland, with registered office at Stanisława Leszczyńskiego 4/77, 50-078 Wrocław, Poland, entered in the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy, KRS) under number 0001227801, NIP 8971969073, REGON 544261446 ("Traken", "we", "us"). By creating an account, placing an order, or using the Service, the customer ("Customer", "you") agrees to these Terms. If you accept on behalf of an organisation, you represent that you are authorised to bind that organisation.

2. B2B only — no consumers

The Service is offered exclusively to businesses, sole traders, and other organisations acting for purposes relating to their trade, business, craft, or profession. The Service is not directed to, or available for, consumers (natural persons acting outside their trade or profession). By using the Service you confirm you are not a consumer and are acting in a business capacity. Provisions of Polish consumer-protection law that apply only to consumers do not apply to this Agreement.

3. Description of the Service

Traken is a deterministic FinOps engine for reconciling AI/LLM API and cloud costs. The Service ingests: (a) customer telemetry consisting of token counters, hashes, and business metadata only; (b) provider usage and cost API data; (c) provider invoices (PDF/CSV); (d) cloud billing exports (FOCUS/CUR files uploaded by the Customer — Traken holds no cloud credentials); and (e) optionally, general-ledger trial-balance data. Two offerings are available: (i) a SaaS subscription; and (ii) the Verified Report (Tier S), a one-time self-serve report product described in Section 12.

4. Zero-Data commitment (contractual term)

Traken operates a "Zero-Data" architecture. Traken does not ingest, request, store, or process the content of your prompts or the responses/completions returned by any AI/LLM provider. The Service is designed to process only token counts, cryptographic hashes, numeric cost and usage figures, and business metadata (such as project, environment, or cost-centre labels). This Zero-Data commitment is a binding contractual term of these Terms. The Customer remains responsible for ensuring that data it uploads (for example, metadata labels or GL data) does not contain prompt or response content or unnecessary personal data.

5. Accounts and access

You must provide accurate registration information and keep account credentials confidential. You are responsible for all activity under your account. You must promptly notify us of any unauthorised use at security@traken.ai.

6. Payments — Paddle as Merchant of Record

Our order process is conducted by our online reseller Paddle. Paddle (Paddle.com Market Ltd and/or Paddle Payments) is the Merchant of Record for all our orders. Paddle is the authorised reseller and seller of record of the Service to you; Paddle handles the payment transaction, invoicing, billing-related customer inquiries, the calculation and remittance of applicable sales tax/VAT, and refunds and chargebacks in accordance with the Paddle Buyer Terms (available at paddle.com/legal/checkout-buyer-terms). Your purchase transaction is therefore governed by the Paddle Buyer Terms in addition to these Terms; the licence to use, and the operation of, the Service is governed by these Terms, under which Traken is the supplier/licensor. Prices for the SaaS subscription are stated in US dollars (USD); prices for the Verified Report are stated in euros (EUR). Taxes may be added at checkout by Paddle. To the extent of any conflict between these Terms and the Paddle Buyer Terms in respect of the payment transaction itself, the Paddle Buyer Terms govern that transaction; in all other respects (licence, use, and the Service) these Terms govern.

7. Subscription tiers, term, and renewal

SaaS subscriptions are offered on monthly tiers (currently a US$0 free tier, a US$300/month tier, and a US$800/month tier; current tiers and features are described at checkout). Subscriptions begin on the start date shown at checkout and renew for successive periods unless cancelled through the Paddle-managed billing flow before the end of the then-current period. Feature availability may differ by tier.

8. Licence and restrictions

Subject to these Terms and payment of applicable fees, Traken grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the subscription period. You must not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer or attempt to derive source code, except to the extent this restriction is prohibited by applicable law; (c) resell, sublicense, or provide the Service to third parties as a service bureau; (d) circumvent usage limits or security controls; or (e) use the Service to build a competing product.

9. Acceptable use

You must not use the Service to: (a) violate any law or third-party right; (b) upload malware or unlawful content; (c) attempt to gain unauthorised access to the Service or its infrastructure; (d) interfere with or disrupt the integrity or performance of the Service; (e) upload prompt or response content, special categories of personal data (Art. 9 GDPR), or data you are not authorised to process; or (f) conduct load, penetration, or vulnerability testing without prior written authorisation (see the Vulnerability Disclosure Policy for authorised research).

10. Customer data and intellectual property

As between the parties, you retain all rights in the data you submit ("Customer Data"). You grant Traken a limited licence to host, process, and display Customer Data solely to provide and support the Service and as instructed by you. Traken and its licensors retain all rights in the Service, its software, models, documentation, and the methodology underlying its deterministic outputs. Traken may generate and use aggregated, de-identified statistical data derived from operation of the Service for the purpose of operating, securing, and improving the Service, provided such data does not identify you or any individual and does not contain Customer Data. Traken does not use Customer Data to train AI/LLM models.

11. Third-party AI providers and subprocessors

The Service relies on infrastructure and processing subprocessors listed at traken.ai/subprocessors. The narrative component of reports is generated using a third-party large language model (by default Mistral AI, hosted in the EU; optionally Anthropic's Claude API under a zero-data-retention configuration). Only the minimum non-content data (numeric figures, metadata, and structured findings) required to produce the narrative is sent to the model provider; the prompt/response content of your own AI usage is never sent.

12. Verified Report (Tier S) — special terms

This Section applies to the Verified Report product ("Verified Report"), a one-time, self-serve deliverable priced by spend band (currently €490, €890, or €1,490). A Verified Report consists of (a) an LLM-narrated Narrative Report and (b) a deterministic Evidence Pack.

12.1 Non-reliance notice

NON-RELIANCE NOTICE. The Verified Report is prepared solely for the Customer's internal management use. It is not an audit, an attestation, an assurance engagement, a review, a certification, or any form of professional, accounting, tax, legal, or investment advice, and it must not be described or relied upon as any of those. The Verified Report does not constitute an audit or attestation of financial statements or of any control, does not express an opinion or any form of assurance, and provides no guarantee of cost savings or of the accuracy or completeness of source data supplied by you or by third parties. No person other than the Customer may rely on the Verified Report. The Verified Report may not be distributed, quoted, or referred to, in whole or in part, to or for the benefit of any third party (including investors, lenders, acquirers, auditors, or regulators) without Traken's prior written consent, and no such third party is entitled to rely on it. Traken provides no reliance letters at this tier.

12.2 Nature of the deliverable

The Evidence Pack is generated deterministically from the data you provide and connect. The Narrative Report is generated by a large language model and may contain errors, omissions, or mischaracterisations; you are responsible for reviewing all figures against source data before acting on them. Outputs depend entirely on the accuracy and completeness of the data supplied.

12.3 Liability cap for the Verified Report

To the maximum extent permitted by law, Traken's total aggregate liability arising out of or relating to a Verified Report is limited to the amount of fees actually paid by the Customer for that Verified Report (a cap of one times (1×) the fees paid). This cap applies in respect of that Verified Report instead of, and not cumulatively with, the general limitation of liability in Section 15 for the same loss.

13. Service availability and support

The Service is provided on a commercially reasonable-efforts basis. Unless a separate service-level agreement is agreed in writing, no specific uptime is guaranteed. Product support is provided by email at support@traken.ai on a reasonable-efforts basis. Billing and order support is provided by Paddle.

14. Warranty disclaimer

Except as expressly stated in these Terms, the Service and all reports and outputs are provided "as is" and "as available". To the maximum extent permitted by law, Traken disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service or any output is accurate, complete, error-free, or uninterrupted. Traken does not warrant any particular financial, cost-saving, or reconciliation outcome, and gives no guarantee of savings.

15. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data, however caused; and (b) Traken's total aggregate liability arising out of or relating to the Service and these Terms is limited to the total fees paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to the claim. For the Verified Report, the specific cap in Section 12.3 applies. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including liability for damage caused intentionally or by gross negligence, to the extent such exclusion is not permitted).

16. Indemnity

You will defend and indemnify Traken against third-party claims arising from (a) your breach of these Terms or the acceptable-use provisions, or (b) Customer Data or your use of any output in violation of law or third-party rights.

17. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service using at least reasonable care and will use it only to perform under these Terms.

18. Suspension and termination

Traken may suspend or terminate access for material breach not cured within thirty (30) days of notice, for non-payment, or where required by law or to protect the Service. You may stop using the Service and cancel via the Paddle billing flow at any time. Upon termination, your right to use the Service ceases; Sections that by their nature survive (including 4, 10, 12, 14, 15, 16, 17, and 20) survive termination.

19. Changes to the Terms

Traken may update these Terms by posting a new version with a new effective date and, where changes are material, by giving reasonable notice through the Service or by email. Continued use after the effective date constitutes acceptance.

20. Governing law and jurisdiction

These Terms are governed by the laws of Poland, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts competent for the registered seat of Headframe sp. z o.o. have exclusive jurisdiction over disputes, subject to any mandatory law. The parties will attempt in good faith to resolve disputes amicably before litigation.

21. Miscellaneous

These Terms, together with any order placed via Paddle and the referenced policies, are the entire agreement. If any provision is unenforceable, the remainder stays in effect. Neither party may assign without consent, except Traken may assign to a successor in connection with a merger or sale of assets. Notices to Traken: legal@traken.ai.