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Terms of Service

Last Updated: January 30, 2025

1. Agreement to Terms

By accessing or using Tokilio ("the Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Tokilio. Please read them carefully.

2. Description of Service

Tokilio is an AI-powered business card platform that enables professionals to:

  • Create digital business cards with custom branding
  • Engage visitors through AI-powered chat assistance
  • Conduct video calls and real-time communications
  • Qualify and manage leads automatically
  • Schedule appointments and manage availability
  • Track engagement and analytics

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

3.2 Account Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this requirement.

3.3 Username Policy

You may not use a username that:

  • Infringes on intellectual property rights
  • Impersonates another person or entity
  • Is offensive, vulgar, or inappropriate
  • Violates any applicable laws or regulations

4. Pricing and Payment Terms

4.1 Subscription Plans

Tokilio offers various subscription plans with different features and pricing tiers. Current pricing is displayed on our website and in the application.

4.2 Pricing Changes

IMPORTANT:

We reserve the right to change our pricing structure at any time with advance notice. If we change the pricing for your subscription plan, we will provide you with at least 30 days' notice before the change takes effect. You will have the opportunity to cancel your subscription before the new pricing applies if you do not agree to the changes.

4.3 Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payment is processed through our third-party payment processor (Stripe)
  • You authorize us to charge your payment method for all fees
  • All fees are non-refundable except as required by law
  • Failed payments may result in service suspension or termination

4.4 Free Trial

We may offer free trials for certain subscription plans. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends.

4.5 Cancellation and Refunds

  • You may cancel your subscription at any time from your account settings
  • Cancellation takes effect at the end of your current billing period
  • No refunds will be provided for partial months or unused time
  • You will retain access to paid features until the end of your billing period

5. Acceptable Use Policy

You agree not to:

  • Violate any laws, regulations, or third-party rights
  • Use the Service for any illegal or unauthorized purpose
  • Transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Scrape, crawl, or harvest data from the Service
  • Impersonate any person or entity
  • Harass, abuse, or harm other users
  • Use the Service to send spam or unsolicited communications
  • Reverse engineer or attempt to extract source code
  • Remove or modify any proprietary notices
  • Use the Service in any way that could damage our reputation

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of all content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute Your Content solely to provide and improve the Service.

6.2 Content Responsibility

You are solely responsible for Your Content and represent that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any laws or third-party rights
  • Your Content does not contain malicious code or viruses
  • Your Content is not defamatory, obscene, or offensive

6.3 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Content), is owned by Tokilio and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without any obligation or compensation to you.

7. AI-Powered Features

Our AI assistant processes conversations to provide intelligent responses. You acknowledge that:

  • AI responses are generated automatically and may not always be accurate
  • You are responsible for reviewing and customizing AI behavior
  • We use third-party AI services (OpenAI) to power these features
  • Conversation data may be processed to improve AI performance
  • You should not rely solely on AI-generated content for critical decisions

8. Video Calls and Communications

When using video call features, you agree that:

  • You will comply with all applicable laws regarding recording and consent
  • You are responsible for obtaining necessary permissions to record calls
  • We use third-party services (LiveKit) to facilitate video communications
  • Call quality depends on your internet connection and device capabilities
  • We are not liable for any issues arising from video call usage

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

10. Third-Party Services

The Service integrates with third-party services, including:

  • Payment processing (Stripe)
  • AI services (OpenAI)
  • Video communications (LiveKit)
  • Authentication providers (Google, GitHub)
  • Analytics and monitoring tools

Your use of these third-party services is subject to their respective terms and policies. We are not responsible for the actions or policies of third-party services.

11. Service Availability and Modifications

11.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Scheduled maintenance
  • Technical issues or outages
  • Third-party service disruptions
  • Force majeure events

11.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

12.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You fail to pay applicable fees
  • Your use poses a security or legal risk
  • We are required to do so by law
  • We decide to discontinue the Service

12.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • We may delete your account and data
  • You remain liable for any outstanding fees
  • Provisions that should survive termination will continue to apply

13. Disclaimers and Limitations of Liability

13.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOKILIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless Tokilio and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your Content

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.

15.2 Arbitration

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.

15.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions or representative proceedings.

16. General Provisions

16.1 Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tokilio regarding the Service.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or technical failures.

17. Contact Information

If you have questions about these Terms, please contact us at:

Email: legal@tokilio.com

Website: https://tokilio.com

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.