Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Velys Software, a technology company specializing in web access engineering and large-scale automated data extraction ("Company," "we," "our," or "us"), governing your access to and use of the Tornado API service, including all associated APIs, documentation, tools, and infrastructure (collectively, the "Service").

By creating an account, generating an API key, or making any API request, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" shall refer to both you individually and the organization you represent.

2. Service Description

Tornado API is a media ingestion infrastructure service that provides programmatic tools enabling users to download publicly available media content and deliver it directly to cloud storage destinations. The Service functions as neutral technical infrastructure, similar to a content delivery network (CDN), cloud transfer service, or data pipeline tool.

Our infrastructure capabilities include:

• Downloading publicly available YouTube videos and audio
• Downloading publicly available Spotify podcast episodes
• Direct file delivery to AWS S3, Azure Blob Storage, Google Cloud Storage, Alibaba OSS, and S3-compatible storage providers
• RESTful API access with comprehensive documentation
• Job management, status tracking, and webhook notifications

Infrastructure Neutrality: Tornado API is a technical tool. The Service does not host, curate, recommend, or index any media content. We process download requests initiated solely by users. The Service has no editorial function and exercises no judgment over the content of any individual download request.

3. Account Registration and Security

To use the Service, you must:

• Create an account with accurate, current, and complete information
• Maintain the confidentiality and security of your account credentials and API keys
• Notify us immediately of any unauthorized access to or use of your account
• Be at least 18 years of age or the age of majority in your jurisdiction

You are fully responsible for all activities that occur under your account, including all API requests made using your API keys, regardless of whether those requests were authorized by you. Sharing API keys with unauthorized parties constitutes a violation of these Terms.

We reserve the right to refuse registration, suspend accounts, or revoke API keys at our sole discretion if we reasonably believe account information is inaccurate or that the account is being used in violation of these Terms.

4. API Usage and Rate Limits

Your use of the API is subject to the rate limits, quotas, and usage restrictions associated with your subscription plan. We reserve the right to:

• Implement, modify, or enforce rate limiting at any time without prior notice
• Modify API endpoints, request parameters, or response formats
• Suspend or terminate access immediately for usage we determine to be excessive, abusive, or anomalous
• Require API version upgrades with reasonable migration periods
• Revoke API keys at our sole discretion for any reason

5. Content Responsibility and User Liability

5.1 Per-Request Representation and Warranty

Each time you submit a download request through the Tornado API — whether via direct API call, SDK method, webhook trigger, or any other integration — you automatically represent and warrant that:

• You have the legal right, license, authorization, or permission to download and use the specific content identified in that request
• Your download and intended use of the content complies with all applicable laws, regulations, and third-party rights, including copyright, trademark, and privacy rights
• You have obtained all necessary licenses, permissions, consents, and authorizations from all relevant rights holders before initiating the download
• Your use of the downloaded content will not infringe upon or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
• You have reviewed and will comply with the terms of service of the source platform from which the content originates

5.2 Sole User Responsibility

You are solely and entirely responsible for:

• Determining the copyright status, licensing terms, and usage rights of every piece of content you download through the Service
• Ensuring that your downloads comply with all applicable copyright laws, including but not limited to the U.S. Copyright Act, the Digital Millennium Copyright Act (DMCA), the EU Copyright Directive, and the copyright laws of any jurisdiction in which you operate
• Obtaining and maintaining all necessary licenses, permissions, and authorizations for your intended use of downloaded content
• Any and all content stored in your cloud storage as a result of using the Service
• Any downstream use, distribution, modification, public performance, or display of downloaded content
• Compliance with the terms of service of YouTube, Spotify, and any other source platform from which you download content

5.3 Tornado as Neutral Infrastructure

You acknowledge and agree that:

• Tornado API operates as neutral technical infrastructure, processing download requests initiated by users without exercising editorial control or judgment over the content of those requests
• Tornado does not verify, validate, monitor, or assess the legality of any individual download request or the copyright status of any content
• Tornado has no obligation to determine whether any user's download requests comply with copyright law, platform terms, or licensing agreements
• Tornado does not and cannot screen content for rights status, and the existence of content on a public platform does not imply that downloading it is lawful for all purposes
• The availability of content through the Service does not constitute any representation by Tornado regarding the legality of downloading or using that content

5.4 No Legal Advice or Guidance

Tornado does not provide legal advice regarding copyright, fair use, or content licensing. If you are uncertain about your right to download specific content, you should consult a qualified legal professional before initiating a download request. The Company expressly disclaims any responsibility for users who fail to verify their rights before using the Service.

6. DMCA Compliance and Copyright Policy

Velys Software respects the intellectual property rights of others and expects all users of the Service to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and respond promptly to notices of alleged infringement.

6.1 DMCA Takedown Notices

If you are a copyright owner or an agent thereof and believe that content downloaded through our Service infringes upon your copyright, you may submit a written DMCA takedown notice to our designated agent. Your notice must include:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, including sufficient information for us to locate the relevant account or activity
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf

6.2 Designated Agent

DMCA notices should be sent to our designated copyright agent:

6.3 Counter-Notification

If you believe that content associated with your account was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our designated agent. Your counter-notification must include:

• Your physical or electronic signature
• Identification of the material that was removed or disabled and the location at which it appeared before removal
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located

6.4 Repeat Infringer Policy

We maintain a policy for the termination, in appropriate circumstances, of users who are determined to be repeat infringers. Users who receive multiple valid DMCA notices or who repeatedly violate intellectual property rights will have their accounts suspended or permanently terminated at our sole discretion. We reserve the right to terminate any account at any time if we reasonably believe the user is engaging in infringing activity, even in the absence of a formal DMCA notice.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws, and all applicable third-party terms of service. The following activities are strictly prohibited:

7.1 Prohibited Activities

• Downloading copyrighted content without proper authorization, license, or legal right
• Mass downloading content for the purpose of redistributing it without the authorization of the rights holders
• Using the Service to circumvent platform access controls, paywalls, geographic restrictions, or digital rights management (DRM) protections
• Downloading private, members-only, subscriber-only, or otherwise restricted content
• Using the Service to build, populate, or operate a competing media platform, download service, or content library
• Reselling, sublicensing, or redistributing access to the Tornado API or its outputs without written permission
• Attempting to reverse engineer, decompile, disassemble, or derive source code from the Service
• Interfering with or disrupting the integrity, performance, or availability of the Service or its underlying infrastructure
• Attempting to gain unauthorized access to our systems, networks, or other users' accounts
• Using the Service for any activity that violates applicable law, including but not limited to piracy, fraud, or money laundering

7.2 Source Platform Compliance

You are responsible for reviewing and complying with the terms of service of every source platform from which you download content, including but not limited to:

• YouTube Terms of Service and Community Guidelines
• Spotify Terms of Use and Platform Rules
• Any other platform or content provider whose content you access through the Service

Violation of source platform terms of service may result in the suspension or termination of your Tornado API account, in addition to any consequences imposed by the source platform. For the complete Acceptable Use Policy, please refer to our Acceptable Use Policy page.

8. Payment Terms and Refund Policy

For paid services:

• Fees are charged based on your selected plan and usage
• ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. No refunds will be issued under any circumstances, including but not limited to: service dissatisfaction, unused credits, account termination, or change of plans
• We reserve the right to modify pricing at any time with or without notice
• Failure to pay may result in immediate suspension or termination of your account without refund
• You are responsible for all applicable taxes, fees, and charges
• Prepaid credits or unused portions of subscription plans are non-refundable and non-transferable
• Chargebacks or payment disputes may result in immediate account termination and potential legal action

Free trial users are subject to usage limits as specified in your account dashboard. Trial credits have no cash value and cannot be exchanged or refunded.

9. Service Availability and Downtime

NO SERVICE LEVEL AGREEMENT (SLA): We do not guarantee any specific uptime, availability, or performance level. The Service is provided on an "as available" basis.

• No compensation for downtime: Service interruptions, outages, errors, bugs, or infrastructure failures do not entitle you to any refund, credit, or compensation of any kind
• We may perform maintenance, updates, or modifications at any time without prior notice
• Third-party service failures (cloud providers, source platforms, payment processors, etc.) are not our responsibility
• We reserve the right to discontinue, modify, or suspend any part of the Service at any time
• Data loss, failed downloads, or incomplete transfers do not entitle you to refunds or credits

You acknowledge that internet-based services are inherently subject to interruptions and you accept all risks associated with service availability.

10. Intellectual Property

The Tornado API service, including its source code, object code, design, architecture, documentation, branding, and trademarks, is owned by Velys Software and protected by applicable intellectual property laws. You receive only a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Service as permitted by these Terms.

You retain all rights to your own data and configurations. By using the Service, you grant us a limited, non-exclusive license to process your API requests and associated metadata as necessary to provide the Service.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

You agree to fully indemnify, defend, and hold harmless Velys Software, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, successors, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising out of or in connection with:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including but not limited to intellectual property rights, copyrights, trademarks, trade secrets, privacy rights, or publicity rights
• Any content you download, store, process, distribute, display, perform, or otherwise use through the Service
• Any DMCA notices, copyright infringement claims, or intellectual property disputes arising from your use of the Service
• Any claims by source platforms (including YouTube, Spotify, or others) related to your use of the Service
• Any legal action, regulatory inquiry, or governmental proceeding initiated against any Indemnified Party as a result of your activities
• Your breach of any representation or warranty made under these Terms, including the per-request representations in Section 5

This indemnification obligation includes the duty to reimburse the Indemnified Parties for any and all costs of defense, regardless of the outcome of any claim or proceeding. The Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with our defense of such claims.

Survival: This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

14. Termination

Our Right to Terminate: We may suspend or terminate your access to the Service immediately, at any time, for any reason or no reason, with or without notice, at our sole discretion. Reasons may include but are not limited to: suspected violation of these Terms, receipt of a DMCA notice, suspected illegal activity, non-payment, or any conduct we deem harmful to our business or other users.

Effect of Termination: Upon termination:

• Your right to use the Service ceases immediately
• All unused credits, prepaid fees, or subscription balances are forfeited with no refund
• Your API keys will be revoked immediately
• We may delete your account data at our discretion
• You remain liable for any outstanding payments, obligations, or indemnification duties

Survival: Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Content Responsibility (Section 5), DMCA Compliance (Section 6), Payment Terms (Section 8), Disclaimer of Warranties (Section 11), Limitation of Liability (Section 12), Indemnification (Section 13), and Governing Law (Section 16).

15. Modifications to Terms

We reserve the right to modify these Terms at any time, with or without notice. Changes become effective immediately upon posting to our website. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes constitutes your binding acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service immediately.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Velys Software is incorporated, without regard to conflict of law principles.

Mandatory Arbitration: Any dispute, claim, or controversy arising from or relating to these Terms, the Service, or your relationship with Velys Software shall be resolved exclusively through binding arbitration, not in court. You waive your right to a jury trial and your right to participate in class actions, class arbitrations, or representative proceedings of any kind.

Legal Fees: In any legal proceeding related to these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and all associated expenses from the non-prevailing party.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, invalid, or illegal, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Velys Software regarding the use of the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written. No oral or written statement by any representative of Velys Software shall create any obligation not expressly stated in these Terms.

19. Contact Information

For questions about these Terms, please contact us: