Terms of service
TERMS OF SERVICE
Last Updated: August 11, 2026
Thank you for your interest in Tempest. This page is a legal agreement (“Agreement”) governing your access to and use of the website located at tempestswitch.com (the “Website”), our Thunderbolt 5 hardware switch, our Virtual Access Pro remote-access service, our waitlist, and any related tools we make available (collectively, the “Products” or “Services”). By accessing or using our Products, you agree to be bound by this Agreement each time you use them. Please review these terms carefully.
Definitions
The terms “we,” “us,” and “our” refer to Sidebored.io, Inc., the owner and operator of Tempest and the Products. A “Visitor” is someone who browses the Website or interacts with our Products without creating an account or placing an order. A “Customer” is someone who has joined our waitlist, backed our Kickstarter campaign, purchased Tempest hardware, or purchased Virtual Access Pro credits. The term “User” refers collectively to Visitors and Customers. “Content” means the text, graphics, product designs, benchmarks, and other materials we make available through the Products. “Credits” means the prepaid usage balance associated with Virtual Access Pro.
Acceptance of Agreement
This Agreement is between you and Sidebored.io, Inc. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY. USING, ACCESSING, OR BROWSING OUR PRODUCTS CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR PRODUCTS.
This Agreement, together with our Privacy Policy below, constitutes the entire agreement between you and us regarding the Products and supersedes any prior agreements. Certain features, such as Kickstarter pledges or Virtual Access Pro purchases, may involve additional terms from third-party platforms, which are incorporated by reference.
Privacy Notice
Our Privacy Policy is part of this Agreement and appears later in this document. If you do not agree to it, please do not use our Products.
Arbitration
Any dispute arising from or relating to this Agreement or our Products, other than legal action we take to protect our intellectual property or Website operations, will be settled by binding arbitration administered under the commercial arbitration rules of the American Arbitration Association, conducted on an individual basis rather than as part of any class action. Arbitration will take place in the State of Delaware, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Either party may seek interim relief from a court in Delaware to protect its rights pending arbitration. Each party will bear its own arbitration costs unless the arbitrator decides otherwise.
Choice of Law and Jurisdiction
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles, and you consent to the personal jurisdiction and venue of the state and federal courts located in Delaware for any matter not subject to arbitration. Any claim relating to our Products must be brought within one (1) year after it arises or it will be forever waived and barred.
Limited License
We grant you a nonexclusive, nontransferable, revocable license to access and use our Products in accordance with this Agreement, solely for your own internal use. You may not resell, sublicense, or commercially repackage the Website, Virtual Access Pro, or any Content without our written consent. Any feedback, benchmarks, or usage data you submit to us may be used by us to operate, support, and improve the Products, but we make no claim of ownership over your own hardware, models, or data processed on your Tempest cluster.
Legal Compliance
You agree to comply with all applicable domestic and international laws, including export control and sanctions laws, in connection with your purchase, import, and use of Tempest hardware and Virtual Access Pro.
Our Relationship to You
This Agreement does not create any partnership, joint venture, agency, or employment relationship between you and Sidebored.io, Inc.
Intellectual Property
The Tempest name, logo, hardware designs, and Website content are owned by Sidebored.io, Inc. or its licensors and are protected by applicable intellectual property laws. Nothing in this Agreement grants you a license to our trademarks. Certain software components of the Tempest control plane may be released under open-source licenses; where applicable, those license terms govern that specific software and take precedence over any conflicting provision of this Agreement.
Eligibility and Registration
Our Products are intended solely for individuals who are at least 18 years of age. By joining our waitlist, backing our Kickstarter campaign, or purchasing Virtual Access Pro, you represent that you are at least 18 years old and that any information you provide is accurate. If you create an account for Virtual Access Pro, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use.
Errors, Corrections, and Changes
We do not warrant that our Products, Website, or Virtual Access Pro will be error-free, uninterrupted, or free of harmful components. We may change, suspend, or discontinue any feature, pricing, or specification of our Products at any time, including model availability and per-token rates for Virtual Access Pro, without liability to you, though we will make reasonable efforts to notify Customers of material changes.
Disclaimer Regarding Third Parties
Hardware pledges may be processed through third-party crowdfunding and payment platforms such as Kickstarter, and Virtual Access Pro inference may rely on third-party open-weight models and infrastructure providers. We do not control and are not responsible for the acts, omissions, availability, or performance of these third parties, and your use of their platforms is subject to their own terms and privacy policies.
Warranty Disclaimer
OUR PRODUCTS, INCLUDING THE TEMPEST HARDWARE SWITCH, THE WEBSITE, AND VIRTUAL ACCESS PRO, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PARTICULAR MODEL WILL RUN AT ANY PARTICULAR SPEED, THAT HARDWARE WILL SHIP BY ANY PARTICULAR DATE, OR THAT VIRTUAL BENCHMARK RESULTS WILL MATCH THE PERFORMANCE OF PHYSICAL HARDWARE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF OUR PRODUCTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIDEBORED.IO, INC. AND ITS DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Acceptable Use
You agree not to use our Products to: violate any law or regulation; infringe the intellectual property or privacy rights of any party; attempt to circumvent the security, metering, or credit system of Virtual Access Pro; reverse engineer, decompile, or extract the FPGA bitstream or firmware of the Tempest switch except as permitted by an applicable open-source license; resell, rent, or sublicense Virtual Access Pro credits without our consent; or transmit malware or otherwise interfere with the operation of our Products or other Customers’ clusters.
Unlawful Activity
We reserve the right to investigate suspected violations of this Agreement and to report suspected unlawful activity to law enforcement or regulators, including disclosing relevant account, order, and usage information as necessary.
Links to Other Websites
Our Website and communications may contain links to third-party websites, including Kickstarter. Inclusion of a link does not imply our endorsement of that site. We have no control over and are not responsible for the content or privacy practices of third-party websites, and you access them at your own risk.
Payments
If you purchase Tempest hardware or Virtual Access Pro credits, you represent that any payment information you supply is accurate and that you are authorized to use the payment method provided. You agree to pay all charges at the posted prices, including applicable taxes and fees, and you remain responsible for those charges even if your original payment method is declined.
Refunds and Returns
Kickstarter pledges and pre-orders are subject to the refund policies of the crowdfunding platform used, in addition to any policy we post on the Site at the time of the offer. Virtual Access Pro credits are refundable only as expressly stated at the time of purchase; unused credits are not otherwise refundable except where required by law. We reserve the right to decline refund requests that we reasonably believe involve misuse of our Products.
Termination
We may suspend or terminate your access to Virtual Access Pro or the Website if you violate this Agreement, effective without notice. You may stop using our Products at any time. Provisions of this Agreement that by their nature should survive termination, including intellectual property, indemnification, disclaimers, and limitation of liability, will survive.
Indemnification
You agree to indemnify and hold harmless Sidebored.io, Inc., its officers, directors, employees, and affiliates from any claim, liability, loss, or expense, including reasonable attorneys’ fees, arising from your violation of this Agreement or misuse of our Products.
Severability and Survival
If any part of this Agreement is held invalid or unenforceable, that portion will be construed to reflect the original intent as closely as possible, and the remaining portions will remain in full force. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Changes to These Terms
We may update this Agreement from time to time by posting the revised version on the Site with an updated “Last Updated” date. Your continued use of our Products after changes take effect constitutes acceptance of the revised Agreement. If you disagree with a change, your only recourse is to stop using our Products.
Contact Information
Sidebored.io, Inc.
313 S State Street
Dover, DE 19901