We have made updates to our standard terms. The page you are currently viewing contains the Terms of Use governing your use of the Tenstorrent website.

If you purchased a product under a quote that referenced tenstorrent.com/terms prior to April 28, 2026, the Terms of Sale that apply to that purchase can be found here: Terms of Sale for Tenstorrent Hardware Purchases

Terms of Use for Website

The following Terms of Use Agreement (“Agreement”) govern and apply to your use and/or reliance upon this website and any other website maintained by Tenstorrent USA, Inc. or its subsidiaries and affiliates (together, referred as “Tenstorrent”) that link to this Agreement (collectively the “Website”). The Website is provided by Tenstorrent for informational purposes only, and you may use the Website only if you can form a legally binding contract with Tenstorrent and only in compliance with this Agreement and all applicable laws and regulations. This Agreement applies to all persons who access or use the Website.

By accessing or using the Website, or downloading any materials from the Website, you agree to be bound by this Agreement and acknowledge that you have read and understood our Privacy Notice available at: https://tenstorrent.com/privacy. If you do not agree to this Agreement or the Privacy Notice, you may not access or use the Website or download any materials from it.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS SET FORTH HEREIN OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS HEREIN, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

ACCESS TO AND USE OF WEBSITE. The information provided on the Website is for general information and educational purposes and is subject to this Agreement. Tenstorrent may at any time revise or modify this Agreement, impose new conditions for use of the Website, or restrict access to some parts of this Website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Website or email. Any use by you of the Website after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.
PRODUCT INFORMATION. Performance tests and ratings are conducted using specific computer systems and/or components and reflect only the approximate performance of Tenstorrent products as measured under those test conditions. Actual performance may vary materially depending on differences in system hardware, software design, configuration, or operating environment. Product availability, specifications, and information may vary by country or region. Tenstorrent reserves the right to modify product information at any time without notice. The Website may refer to products and features in various stages of development or availability. Tenstorrent products and features will be offered if and when available. Information contained on the Website or in a blog is provided on a non-binding basis and does not create any guarantee or legal obligation to Tenstorrent. The development, release, timing, and terms for any products or features may change for any reason at Tenstorrent's sole discretion.
NEWS AND PRESS RELEASES. Tenstorrent uses reasonable care to include accurate information, news, press releases or other postings at the time they are added to the Website. Please note, however, that Tenstorrent cannot guarantee that any information posted on the Website is accurate, and it shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information.Certain information on this Website may be of an historical nature.All historical information contained in the documents or presentations set out on this Website should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or made.Tenstorrent does not update press releases once they have been made public.
INTELLECTUAL PROPERTY. The copyright in the Website belongs to Tenstorrent. The contents of the Website may not be copied other than for noncommercial reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or other postings contained in the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, documents, or other postings, without the express written consent of Tenstorrent.
USER SUBMISSIONS. Certain areas of the Website enable you to submit emails, or otherwise provide feedback or information (“Content”) to Tenstorrent. Except for the submission of resumes in the “Careers” section of this Website, or as otherwise provided in our Privacy Notice, any Content will be treated as non-confidential and nonproprietary and becomes the property of Tenstorrent. You agree that by submitting Content: (a) you will only submit Content that complies with applicable law, and will not submit Content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer; (b) you understand and agree that such Content that is submitted to a feedback page, will be deemed non-confidential; and (c) except for information covered by our Privacy Notice, you grant to Tenstorrent the irrevocable right to use, copy, modify publish, perform, transmit and display such Content via any media in accordance with this Agreement, and waive any moral rights you may have in such Content; and you agree that Tenstorrent shall be free to use such Content, including any ideas, concepts, know-how, or techniques contained in such Content, for any reason whatsoever, including but not limited to, developing, manufacturing and marketing products using such information.
NON-CONFIDENTIAL INFORMATION. Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you submit or post becomes the property of Tenstorrent and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Tenstorrent is free to use any ideas, concepts, know-how, or techniques contained in any Content you send to Tenstorrent for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
TRADEMARKS. All product names, whether or not appearing in large print or with a trademark symbol, are trademarks of Tenstorrent or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as provided herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
THIRD PARTY WEBSITES. The Website may from time to time contain links to third party websites. Tenstorrent is not responsible for and accepts no liability in respect of, any information or opinion contained on any third party website. Tenstorrent has no control over such websites and because their content is subject to change without notice to Tenstorrent, it is the responsibility of the user of the third party website to ensure that any information accessed is accurate and that software which is downloaded from that site is free of viruses or any other items of a destructive nature. Tenstorrent accepts no liability whatsoever in respect of any loss, damage, costs or liability incurred through any such downloaded material.
DISCLAIMER OF WARRANTIES. By using the Website, you accept the information, products and services provided herein “AS IS.” TENSTORRENT MAKES NO EXPRESS OR IMPLIED WARRANTY OR CONDITION REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TENSTORRENT OR ITS AGENTS, AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH THE USE OF INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION. THIS LIMITATION ALSO INCLUDES DAMAGES TO YOUR COMPUTER EQUIPMENT OR DUE TO ANY VIRUSES THAT MAY INFECT YOUR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENSTORRENT’S TOTAL CUMULATIVE AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
DISPUTE RESOLUTION. Please read this Arbitration Agreement carefully. It is part of your contract with Tenstorrent and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by Tenstorrent that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Tenstorrent, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.
2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Tenstorrent should be sent to: Tenstorrent Holdings Inc., Attn: Legal, 2600 Great America Way #501, Santa Clara, CA 95054. After the Notice is received, you and Tenstorrent may attempt to resolve the claim or dispute informally. If you and Tenstorrent do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
5. Time Limits. If you or Tenstorrent pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tenstorrent, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tenstorrent.
7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Tenstorrent in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TENSTORRENT WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
10. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
11. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
12. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for such purpose.
COUNTRY-SPECIFIC INFORMATION. Although the information on the Website is accessible to users outside the U.S., the information pertaining to Tenstorrent’s products is intended for use only by residents of the U.S. Other countries may have laws and regulatory requirements that differ from those in the U.S. Tenstorrent reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit quantities of any products or services we provide. Any offer for any product or service made on the Website is void where prohibited.
TERM; TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Website. Tenstorrent may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use the Website will terminate immediately. Tenstorrent will not have any liability whatsoever to you for any termination of your rights under this Agreement.
INDEMNIFICATION. You agree to indemnify and hold Tenstorrent (and its officers, employees, agents, successors and assigns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of this Agreement or (c) your violation of applicable laws or regulations. Tenstorrent reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims. You agree not to settle any matter without the prior written consent of Tenstorrent. Tenstorrent will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
RELEASE. You hereby release and forever discharge Tenstorrent (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and very past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
HOW TO CONTACT US. If you have any questions about the foregoing, please contact us at:

Tenstorrent USA, Inc.

2600 Great America Way, #501,

Santa Clara, CA 95054

Email: support@tenstorrent.com

ACCESS TO AND USE OF WEBSITE. The information provided on the Website is for general information and educational purposes and is subject to this Agreement. Tenstorrent may at any time revise or modify this Agreement, impose new conditions for use of the Website, or restrict access to some parts of this Website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Website or email. Any use by you of the Website after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.
PRODUCT INFORMATION. Performance tests and ratings are conducted using specific computer systems and/or components and reflect only the approximate performance of Tenstorrent products as measured under those test conditions. Actual performance may vary materially depending on differences in system hardware, software design, configuration, or operating environment. Product availability, specifications, and information may vary by country or region. Tenstorrent reserves the right to modify product information at any time without notice. The Website may refer to products and features in various stages of development or availability. Tenstorrent products and features will be offered if and when available. Information contained on the Website or in a blog is provided on a non-binding basis and does not create any guarantee or legal obligation to Tenstorrent. The development, release, timing, and terms for any products or features may change for any reason at Tenstorrent's sole discretion.
NEWS AND PRESS RELEASES. Tenstorrent uses reasonable care to include accurate information, news, press releases or other postings at the time they are added to the Website. Please note, however, that Tenstorrent cannot guarantee that any information posted on the Website is accurate, and it shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information.Certain information on this Website may be of an historical nature.All historical information contained in the documents or presentations set out on this Website should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or made.Tenstorrent does not update press releases once they have been made public.
INTELLECTUAL PROPERTY. The copyright in the Website belongs to Tenstorrent. The contents of the Website may not be copied other than for noncommercial reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or other postings contained in the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, documents, or other postings, without the express written consent of Tenstorrent.
USER SUBMISSIONS. Certain areas of the Website enable you to submit emails, or otherwise provide feedback or information (“Content”) to Tenstorrent. Except for the submission of resumes in the “Careers” section of this Website, or as otherwise provided in our Privacy Notice, any Content will be treated as non-confidential and nonproprietary and becomes the property of Tenstorrent. You agree that by submitting Content: (a) you will only submit Content that complies with applicable law, and will not submit Content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer; (b) you understand and agree that such Content that is submitted to a feedback page, will be deemed non-confidential; and (c) except for information covered by our Privacy Notice, you grant to Tenstorrent the irrevocable right to use, copy, modify publish, perform, transmit and display such Content via any media in accordance with this Agreement, and waive any moral rights you may have in such Content; and you agree that Tenstorrent shall be free to use such Content, including any ideas, concepts, know-how, or techniques contained in such Content, for any reason whatsoever, including but not limited to, developing, manufacturing and marketing products using such information.
NON-CONFIDENTIAL INFORMATION. Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you submit or post becomes the property of Tenstorrent and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Tenstorrent is free to use any ideas, concepts, know-how, or techniques contained in any Content you send to Tenstorrent for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
TRADEMARKS. All product names, whether or not appearing in large print or with a trademark symbol, are trademarks of Tenstorrent or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as provided herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
THIRD PARTY WEBSITES. The Website may from time to time contain links to third party websites. Tenstorrent is not responsible for and accepts no liability in respect of, any information or opinion contained on any third party website. Tenstorrent has no control over such websites and because their content is subject to change without notice to Tenstorrent, it is the responsibility of the user of the third party website to ensure that any information accessed is accurate and that software which is downloaded from that site is free of viruses or any other items of a destructive nature. Tenstorrent accepts no liability whatsoever in respect of any loss, damage, costs or liability incurred through any such downloaded material.
DISCLAIMER OF WARRANTIES. By using the Website, you accept the information, products and services provided herein “AS IS.” TENSTORRENT MAKES NO EXPRESS OR IMPLIED WARRANTY OR CONDITION REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TENSTORRENT OR ITS AGENTS, AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH THE USE OF INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION. THIS LIMITATION ALSO INCLUDES DAMAGES TO YOUR COMPUTER EQUIPMENT OR DUE TO ANY VIRUSES THAT MAY INFECT YOUR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENSTORRENT’S TOTAL CUMULATIVE AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
DISPUTE RESOLUTION. Please read this Arbitration Agreement carefully. It is part of your contract with Tenstorrent and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by Tenstorrent that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Tenstorrent, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.
2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Tenstorrent should be sent to: Tenstorrent Holdings Inc., Attn: Legal, 2600 Great America Way #501, Santa Clara, CA 95054. After the Notice is received, you and Tenstorrent may attempt to resolve the claim or dispute informally. If you and Tenstorrent do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
5. Time Limits. If you or Tenstorrent pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tenstorrent, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tenstorrent.
7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Tenstorrent in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TENSTORRENT WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
10. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
11. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
12. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for such purpose.
COUNTRY-SPECIFIC INFORMATION. Although the information on the Website is accessible to users outside the U.S., the information pertaining to Tenstorrent’s products is intended for use only by residents of the U.S. Other countries may have laws and regulatory requirements that differ from those in the U.S. Tenstorrent reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit quantities of any products or services we provide. Any offer for any product or service made on the Website is void where prohibited.
TERM; TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Website. Tenstorrent may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use the Website will terminate immediately. Tenstorrent will not have any liability whatsoever to you for any termination of your rights under this Agreement.
INDEMNIFICATION. You agree to indemnify and hold Tenstorrent (and its officers, employees, agents, successors and assigns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of this Agreement or (c) your violation of applicable laws or regulations. Tenstorrent reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims. You agree not to settle any matter without the prior written consent of Tenstorrent. Tenstorrent will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
RELEASE. You hereby release and forever discharge Tenstorrent (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and very past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
HOW TO CONTACT US. If you have any questions about the foregoing, please contact us at:

Tenstorrent USA, Inc.

2600 Great America Way, #501,

Santa Clara, CA 95054

Email: support@tenstorrent.com