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Setsuna is a product of SemSwitch, Inc.

Setsuna Terms of Service

Version: 2.4
Revision date: October 24, 2026

These Terms govern access to the websites, software, APIs, computing services, and related materials that SemSwitch, Inc. ("SemSwitch," "we," or "us") makes available subject to these Terms (the "Services"). They include setsuna.tech, its related service subdomains, and Setsuna account interfaces, command-line tools, and SDKs made available under these Terms. Setsuna is a product and service of SemSwitch, Inc., not a separate legal entity; SemSwitch is the contracting service provider. These Terms govern the commercial service and distinguish public website information from services actually purchased. A description of a possible offering is not an agreement to supply it.

1. Agreement and authority

You accept these Terms by affirmatively agreeing to them, executing an agreement that incorporates them, or accessing a Service after being presented with these Terms and clear notice that the action constitutes acceptance. If you do not agree, do not take that action. A link in a website footer, by itself, does not establish that you accepted a paid contract, a confidentiality agreement, or a securities transaction.

If you act for an organization, you represent that you have authority to bind it. "Customer" means that organization, or you if you validly contract in your individual capacity. Account access and use of the Services are for persons at least 18 years old who can form a binding contract. An authorized user must also comply with the customer's applicable agreement.

An order form, statement of work, service agreement, or other ordering document accepted by both parties is an "Order." An Order identifies the actual service, permitted use, applicable term, and any fees. A self-service checkout or subscription selection is also an Order when its offering and commercial terms are clearly presented, accepted by Customer, and confirmed by SemSwitch. Merely creating an account does not authorize paid charges. A separately negotiated master agreement or Order prevails over conflicting provisions of these Terms to the extent it addresses the conflict. An applicable Data Processing Addendum ("DPA") controls conflicts concerning personal-data processing, and mandatory provisions of an executed international-transfer instrument prevail over conflicting contractual terms. Documentation explains supported operation but does not override an agreed security, data-protection, or commercial commitment.

Our Privacy Policy explains personal-information handling; it is not blanket consent to optional processing. An existing agreement is not replaced merely because this revision appears on our website.

2. Services and permitted access

Subject to the applicable agreement, SemSwitch grants Customer a limited, non-exclusive right to access and use the Services made available to it during the authorized term. Downloadable software is licensed under the license supplied with it or, where no separate license is supplied, under these Terms solely to access the authorized Service. No ownership of SemSwitch technology is transferred.

Access may depend on an account, supported client, approved configuration, available capacity, or an Order. Features, resource limits, supported locations, and permitted deployment or integration models are those identified for the actual offering. As applicable, the accepted plan identifies per-Machine resources, concurrency, included usage, execution or lease limits, billing basis, available regions, and any reservation or persistence commitments. Plan names alone do not create an uptime, launch-latency, durable-storage, or unlimited-capacity guarantee. Dedicated deployment, customer-cloud operation, redistribution, embedding, or OEM rights require the applicable express authorization; a roadmap or sales discussion does not itself grant them.

Customer is responsible for its applications and for obtaining the rights and permissions needed for its workload and third-party connections. SemSwitch remains responsible for its own service obligations and its providers as required by the applicable agreement; describing infrastructure as third-party does not remove that responsibility.

3. Commercial service and availability

SemSwitch provides Setsuna as a commercial computing service under the accepted Order. The applicable agreement determines the supported use and any availability, support, recovery, or service-credit commitments. No additional commitment arises merely because a plan is marketed for a particular type of workload.

Changes to an accepted service or its commercial terms are subject to the Order and Sections 9 and 16. Suspension and termination are governed by Section 12. These Terms do not permit SemSwitch to disregard an agreed paid term, reduce an express commitment merely by changing documentation, or avoid an applicable refund obligation.

Published benchmark measurements describe the documented tests and environments; they are not guarantees for every workload or a service-level agreement. Nothing in this section permits misleading factual claims.

4. Accounts, credentials, and organizational users

Customer must provide accurate account information, authorize only appropriate users, manage access when roles change, and take reasonable steps to safeguard credentials. Do not share an individual credential where individual access is required or bypass authentication, organization boundaries, access policies, or quotas.

Customer is responsible for authorized users' use of its account and for securing credentials under its control, but is not made responsible by this section for a compromise caused by SemSwitch's breach of its own obligations. Notify [email protected] promptly of suspected unauthorized access. SemSwitch may require verification or temporarily restrict affected access to investigate and contain a security risk.

5. Acceptable use

Setsuna may be used for authorized execution of untrusted code, agent workflows, testing, evaluation, and other workloads supported by the applicable offering. "Untrusted" does not mean that Customer is authorized to attack other systems or expose other people to harm.

Customer must not:

  • Use the Services unlawfully, fraudulently, or in violation of another person's privacy, intellectual-property, or other rights; distribute malicious software against third parties; operate phishing or credential-theft systems; or send unlawful unsolicited communications.
  • Access another customer's data or resources, attempt a host or isolation escape, probe systems outside an expressly authorized testing scope, or deliberately impair the Services or a third-party system. Testing inside a permitted guest does not authorize testing the host or control plane.
  • Evade payment, resource limits, access restrictions, or security controls; conceal prohibited activity; or resell, share, or redistribute access outside the rights expressly granted.
  • Use shared resources for cryptocurrency mining, denial-of-service testing, or materially disruptive load generation without prior written authorization. Ordinary authorized product benchmarking is not prohibited.
  • Extract or disclose non-public proprietary implementation details, private configuration profiles, credentials, or protected interfaces through unauthorized means; remove applicable proprietary notices; or reverse engineer proprietary software except to the extent a separate license or non-waivable law permits it.
  • Process data or conduct activities for which the required legal authority, contractual safeguards, or expressly agreed service capabilities are absent, including prohibited export-controlled, classified, or regulated workloads.

Security research that could affect SemSwitch infrastructure or others requires prior written authorization defining its scope. Report suspected vulnerabilities to [email protected] without accessing unnecessary data, maintaining persistence, or disrupting service. This paragraph is not a blanket penetration-testing authorization or a promise of a bounty.

We do not prohibit an organization from evaluating the Services merely because it develops related technology. Restrictions protect authorized boundaries and proprietary information, not lawful independent development or rights granted by an open-source license.

6. Customer Content and data protection

"Customer Content" means code, commands, files, environment values, inputs, outputs, and other material submitted or generated on Customer's behalf through the Services, including content-bearing diagnostic records. As between the parties, Customer retains its rights in Customer Content and the results of its workloads. This does not transfer ownership of SemSwitch software or third-party material embedded in a result.

Customer authorizes SemSwitch to host, execute, copy, transmit, and otherwise process Customer Content only as needed to provide, secure, maintain, and support the authorized Service in accordance with the agreement and lawful documented instructions. Customer is responsible for obtaining the rights and legal bases needed for its instructions. SemSwitch does not obtain a general right to publish, sell, or license Customer Content.

SemSwitch will not use Customer Content to train general-purpose AI models or disclose it to other customers. Customer-directed model training or evaluation may be supported under the applicable offering without granting SemSwitch independent training rights. Information does not cease to be Customer Content simply because it appears in a log. Measurements used for general service improvement must not disclose Customer Content, identify a person or customer, or circumvent confidentiality or applicable data-protection restrictions.

Where applicable law requires a processor agreement for the intended use, the parties must enter an appropriate DPA before that processing begins. A standard DPA is available at /dpa; any required service schedule and transfer arrangements must be completed for the actual service. Technical ability to submit data is not approval for a regulated workload.

Do not submit protected health information requiring a business associate agreement, payment-card authentication data, classified information, or other specially regulated or sensitive datasets unless SemSwitch expressly authorizes that use in writing and the necessary agreements and safeguards are in place. Do not use the Services as the sole control for an activity in which failure could foreseeably cause death, serious physical harm, or severe environmental damage. These restrictions do not excuse either party's legal obligations for information it actually receives.

7. Intellectual property, feedback, and publications

SemSwitch and its licensors retain their rights in the Services, documentation, private profiles, and related technology, excluding Customer Content. Separately licensed open-source and third-party components remain subject to their own licenses. These Terms do not restrict rights those licenses grant or replace applicable notices, attribution, or source-code obligations.

Customer may voluntarily provide suggestions and feedback. SemSwitch may use that feedback to improve its products without an obligation to pay, but this permission does not transfer Customer Content, authorize disclosure of Customer's Confidential Information, or grant rights in separately identified customer technology.

Unless a separately agreed confidentiality restriction applies, Customer may publish results of authorized evaluations, including comparisons, provided it accurately describes material conditions and limitations and does not disclose protected information or imply SemSwitch endorsement. Publicly released SemSwitch benchmark materials remain subject to their stated licenses and notices. Customer's independent results are not automatically SemSwitch Confidential Information merely because they concern performance.

Neither party may use the other's name or logo as a customer endorsement without permission. Truthful identification required by law, and ordinary attribution without an implication of endorsement, are not prohibited.

8. Confidentiality

"Confidential Information" means non-public information disclosed in connection with the Services that is marked confidential or reasonably should be understood to be confidential, including Customer Content and non-public technical or business information. It excludes information the recipient can demonstrate was already lawfully known without restriction, became public without breach, was lawfully received from another source without a duty of confidence, or was independently developed without use of the disclosed information.

Each party will use the other's Confidential Information only to perform or exercise rights under the agreement, protect it with reasonable care, and disclose it only to persons with a need to know who are bound by appropriate confidentiality duties. A disclosure required by law is permitted only to the required extent, with advance notice and reasonable assistance to seek protection where legally permitted.

These duties continue for three years after the agreement ends; trade secrets remain protected while they qualify as trade secrets, and Customer Content and personal information remain protected for as long as they are retained. An agreed NDA prevails to the extent it provides a different applicable confidentiality arrangement. Neither public website access nor sending an unsolicited business proposal creates an additional NDA beyond obligations otherwise applicable.

9. Fees and commercial terms

Customer owes only fees agreed in an Order or another clearly presented purchase arrangement it accepts. The applicable purchase arrangement must identify the pricing basis, billing period, payment due date, and any usage charges. Taxes that SemSwitch is legally required to collect are additional unless the arrangement states otherwise; Customer is not responsible for taxes on SemSwitch's net income.

For usage-priced Services, the accepted purchase arrangement must also explain the metering unit, how simultaneous Machines and any billable reserved time are counted, included allowances, any overage rates or usage caps, and when allowances reset. For a recurring subscription, its recurring price, renewal cadence, and cancellation method must be disclosed before acceptance. No particular price, usage allowance, execution limit, or number of concurrent Machines is fixed by these Terms.

Renewal, minimum commitments, credit expiry, cancellation deadlines, late charges, and changes in pricing apply only when specified in the accepted arrangement or required by law. These Terms do not independently create automatic renewal, authorize a payment method, or authorize charges not accepted by Customer. SemSwitch will not impose a new charge retroactively for use that was not subject to that charge under the accepted arrangement.

Customer should promptly raise a good-faith billing dispute, provide reasonable supporting details, and pay undisputed amounts when due. Any nonpayment suspension must comply with Section 12 and the Order. Refunds are governed by the Order, Section 12, and non-waivable law; there is no general refund promise based on unused capacity alone.

10. Supported operation and third-party connections

Unless the accepted offering expressly includes persistence or recovery, temporary Machine state is not durable storage and may be lost when a workload ends, a lease expires, a host fails, or capacity is reclaimed. Reserved access or a longer execution allowance does not by itself promise persistent files or uninterrupted execution. Customer must retrieve needed outputs through supported methods before the temporary environment ends. These limitations do not override an express storage, recovery, or data-protection obligation.

Customer must operate within the documented scope, secure its applications and credentials, control workload network connections, and maintain any backups its use requires. Hosting isolation does not itself make Customer's code safe or satisfy Customer's compliance obligations. SemSwitch is responsible for the safeguards and operations it undertakes in the agreement.

A connection selected by Customer to an external repository, model service, storage account, or other independent service is governed by Customer's arrangements with that service. SemSwitch does not acquire rights to the contents of unrelated accounts because Customer uses an integration. Any customer-controlled deployment or division of operational responsibilities must be stated in the applicable Order.

Support is provided on a reasonable-efforts basis unless a different commitment is agreed. An uptime percentage, response deadline, data-residency commitment, certification, disaster-recovery objective, or dedicated-capacity commitment applies only when expressly included in the applicable agreement. No such commitment arises merely from a provider's certification or a product architecture description.

11. Website information and AI assistance

Documentation, research, and website assistance can help explain the Services, but an AI-generated response is not authorized to amend a contract, approve a regulated use, waive a security requirement, or commit pricing. AI responses may be inaccurate; obtain human confirmation of a material commercial or technical commitment. The website assistant is not a channel for confidential workloads or sensitive documents.

General website and investor information does not create ownership, investment rights, or a commitment to accept an investment. Any financing transaction is governed by its applicable offering materials, executed definitive documents, and law, not by a service account or these Terms. Nothing here overrides legally required disclosures or liability for a misleading statement.

12. Suspension, termination, and data at the end of service

SemSwitch may restrict affected access when reasonably necessary to address a material breach, a security threat, unlawful activity, a binding legal requirement, or overdue undisputed fees. We will use a proportionate response and provide notice, an explanation, and a reasonable opportunity to address the issue where practicable. Immediate action is permitted where delay would create material risk or violate law. Access will be restored when the reason is resolved, unless the agreement has validly ended.

Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately if it cannot be cured or continued performance would be unlawful. The subscription term, cancellation, and renewal follow the Order.

If SemSwitch ends a paid service early other than for Customer's breach, or Customer properly terminates for SemSwitch's uncured material breach, SemSwitch will refund prepaid fees attributable to the unused terminated portion unless an Order provides a more protective remedy. This does not require repayment for work already delivered under a properly scoped services engagement.

Customer should retrieve needed outputs before its workload or access ends. Temporary execution storage may be removed as part of the instructed lifecycle; these Terms do not promise a post-termination recovery or export window. Any agreed return period, continuing retention, or deletion duties are governed by the applicable Order and DPA. SemSwitch will not use a payment dispute to defeat a mandatory data-protection obligation.

After termination, access rights end, outstanding properly incurred fees remain payable, and provisions intended to survive remain effective, including ownership, confidentiality, data protection, liability, accrued claims, and dispute provisions. Retained data remains subject to the applicable protections.

13. Warranties and disclaimers

Each party represents that it has authority to enter the agreement. Any express service warranty in an Order remains effective.

EXCEPT FOR EXPRESS COMMITMENTS IN THE APPLICABLE AGREEMENT AND RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SEMSWITCH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

SemSwitch does not guarantee that every workload will succeed, that access will be uninterrupted, that an execution environment is free of every vulnerability, or that a published benchmark will be reproduced under different conditions. These disclaimers do not nullify SemSwitch's express confidentiality, security, data-protection, or other contractual obligations, or limit liability for fraud or misleading claims where the law does not permit that limitation.

14. Limits of liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE UNDER THE AGREEMENT FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY.

EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY OR (B) US $200. RELATED EVENTS DO NOT CREATE MULTIPLE CAPS. AN ORDER MAY EXPRESSLY PROVIDE DIFFERENT LIMITS.

These limits do not apply to fraud, willful misconduct, gross negligence, death or personal injury to the extent not lawfully limitable, or other liability that cannot lawfully be limited. They do not excuse Customer's properly incurred payment obligations or prevent appropriate injunctive relief. They do not limit an individual's non-waivable data-protection rights or override mandatory provisions of an applicable international-transfer instrument.

Reasonable direct costs of responding to a breach or restoring affected data are not automatically excluded merely because data or security is involved; they remain subject to the applicable monetary cap. Contractual defense and indemnity obligations in Section 15 are subject to this section unless an Order expressly states otherwise.

15. Third-party claims

For paid Services, SemSwitch will defend Customer against a third-party claim that the Service as supplied and used as authorized infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret, and pay damages finally awarded or settlements it approves, subject to Section 14. This obligation excludes claims to the extent caused by Customer Content, an unauthorized modification, an unauthorized use, or a combination not supplied or required by SemSwitch where the claim would not otherwise arise.

SemSwitch may obtain continued use rights, modify or replace the affected Service without materially reducing agreed functionality, or, if those options are not reasonably available, terminate the affected portion and refund unused prepaid fees. This paragraph and the preceding paragraph state the contractual remedy for those infringement claims, without limiting non-waivable rights.

Customer will defend SemSwitch against third-party claims arising from Customer Content that infringes another's rights or Customer's unlawful use of the Services, and pay damages finally awarded or settlements it approves, subject to Section 14. This does not apply to the extent a claim results from SemSwitch's breach or misconduct.

For either defense obligation, the recipient must give prompt notice, permit the defending party to control the defense, and provide reasonable assistance at the defending party's expense. Late notice relieves an obligation only to the extent materially prejudicial. No settlement may admit the other party's fault, impose a non-monetary obligation on it, or fail to release it without its consent, which must not be unreasonably withheld.

16. Changes

We may publish revised Terms and identify the revision date. For an existing relationship governed by these Terms, we will give at least 30 days' notice of a material change, unless a shorter period is necessary for a legal requirement or urgent security reason. We will explain the effective date and obtain affirmative acceptance where required. Changes apply prospectively and do not rewrite accrued claims or executed Orders or DPAs.

A paid fixed-term commitment cannot be materially reduced merely by posting a change. A material adverse change during that term requires agreement or, where continued performance is not reasonably possible, termination of the affected service with the applicable unused-fee refund. Customer may decline new terms for future services and stop or decline renewal of the affected access.

17. Waitlist and early-access credits

Joining the Setsuna waitlist is free. It does not create an account, an Order, or a paid commitment, and it does not guarantee access, a date for access, or a particular plan. We may invite people in stages and close the waitlist when access opens.

Each person may hold one entry. We may remove an entry that uses a false address or someone else's address, was created automatically or in bulk, or duplicates another entry by the same person.

We send waitlist emails, including a confirmation and an email when access opens, to the address you give us. We send product updates only if you ask for them. You can unsubscribe at any time. Unsubscribing stops all waitlist emails, including the email that tells you access has opened.

Waitlist members may receive free early-access credits. The access email, or the page where we grant the credits, states their amount and when they expire. Unless that offer states otherwise:

  • Credits are granted once per person, to one account.
  • Credits can be used only on the Services.
  • Credits have no cash value and cannot be refunded, transferred, or sold.
  • Unused credits end when they expire or when the account that holds them closes.

We may change or end the credit offer before we grant credits to you. Credits already granted keep the terms stated when they were granted. In all other respects, Section 9 governs credits and fees. The Privacy Policy explains how we handle waitlist information.

18. General provisions and notices

Governing law and venue. Delaware law governs the agreement, excluding conflict-of-law rules. Disputes must be brought in the state or federal courts with jurisdiction in New Castle County, Delaware, and the parties consent to that jurisdiction. Mandatory protections and rights to bring claims in another forum that cannot lawfully be waived remain unaffected. These Terms do not impose mandatory arbitration or a class-action waiver.

Assignment. Neither party may assign the agreement without the other's consent, except to a successor in a merger, reorganization, or sale of substantially all relevant assets that assumes the obligations. An assignment does not reduce existing confidentiality or data-protection protections.

Events outside reasonable control. Neither party is responsible for delay caused by an event beyond its reasonable control that it could not reasonably prevent or mitigate, while it makes reasonable mitigation efforts. This does not excuse accrued payment duties or eliminate applicable security, confidentiality, incident-response, or data-protection obligations.

Other terms. The parties are independent contractors. The applicable agreement is the entire agreement on its subject matter; purchase-order boilerplate does not amend it without express acceptance. A waiver must be intentional and does not waive later enforcement. If a provision is unenforceable, the remainder remains effective. Except for rights conferred by law or an applicable transfer instrument, the agreement creates no third-party beneficiaries.

Notices. Send legal notices to [email protected]. SemSwitch may send Customer contractual notices to the account or contract notice address Customer supplies; Customer must keep it current. Notices must be reasonably calculated to reach the recipient. Where formal service of process is required, applicable procedural rules control.

Legal notices: [email protected]
Privacy requests: [email protected]
Security reports: [email protected]
Support: [email protected]

SemSwitch, Inc.
8 The Green, Suite B
Dover, DE 19901
United States