TomonagiTomonagi

Terms of Service

Effective: [DATE] · Version: 2026-06-23-draft

This is a template — have qualified legal counsel review before relying on it. DRAFT — not legal advice and not final. This text is a product-accurate starting template pending attorney review and completion of the bracketed items. It is published here so the acceptance flow and links work; it must be finalized by counsel before collecting a paying customer's data.

1. Agreement

By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you may bind it, and “you” means that organization.

These Terms incorporate by reference our Privacy Policy and, where applicable, a Data Processing Addendum. A separate signed agreement, if any, controls where it conflicts with these Terms.

2. Definitions

  • Service — the platform software, websites, APIs, and related tools we provide.
  • Account Owner — the person/entity that subscribes and owns the account.
  • Business / Workspace — a tenant created within an account to run one operation.
  • Authorized Users — owner/admin/member/viewer roles you invite, subject to your plan’s seat limit.
  • End Customers — your own customers whose information you store in, or who interact with you through, the Service.
  • Customer Data — data you or your End Customers submit to the Service.
  • Processor — a third-party payment processor (e.g., PayPal) used to charge you, or that you connect to charge your End Customers.
  • Sub-processor — a third party we use to provide the Service (e.g., hosting, email, SMS, AI providers), listed in the Privacy Policy.

3. Eligibility & Accounts

You must be 18+ and able to form a binding contract. One account is owned by one Account Owner. You are responsible for your login credentials and for all activity under your account and your Authorized Users, and for managing their roles and access. Notify us promptly of any unauthorized use.

You represent that you are not on any government sanctions/denied-party list and will not use the Service in violation of applicable export-control or sanctions laws.

4. Subscriptions, Plans, Trials & Billing

  • Plans. The Service is offered in tiers (e.g., Free, Pro, Scale) with feature and usage limits described at [PRICING URL]. Limits are enforced; exceeding them requires an upgrade.
  • Trials. Free trials (if offered — currently a [17]-day Pro trial) give the stated paid features for the trial period and then revert to the applicable plan unless you upgrade.
  • Billing & auto-renewal. Paid plans bill in advance on a recurring basis through our Processor (currently PayPal) and auto-renew each cycle until cancelled. You authorize recurring charges. Fees are charged in [CURRENCY].
  • Price changes. We may change prices prospectively with notice; changes do not alter an active subscription’s price until its next renewal.
  • Cancellation & downgrades. You may cancel or downgrade at any time; the change takes effect at the end of the current paid period, and you keep paid features until then. No refunds for partial periods except where required by law. [STATE REFUND POLICY.]
  • Failed payments. If a charge fails, your account may enter a past-due state during the Processor’s retry window; if unresolved, the account is downgraded to Free (data retained — see §9), not deleted. Over-limit businesses are suspended (read-only), not destroyed.
  • Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.

5. Acceptable Use

You will not: (a) use the Service unlawfully or to store/transmit unlawful, infringing, or harmful content; (b) send spam or violate anti-spam, telemarketing, or consent laws when using our messaging features (see §6); (c) attempt to bypass plan limits, security, or access controls; (d) resell or provide the Service to third parties except as expressly permitted; (e) probe, scrape, overload, or disrupt the Service; (f) upload malware; or (g) use the Service to store special-category/sensitive data except as expressly permitted and lawfully handled by you.

We may suspend accounts that violate this section (§17).

6. Communications & Consent (email, SMS, messaging)

The Service lets you send communications to your End Customers (email broadcasts and sequences, SMS/text, and automated messages). You are the sender and the controller of your recipient lists. As a condition of using these features, you are solely responsible for:

  • obtaining and maintaining all legally required consent (including prior express written consent where required for SMS/automated messages) before contacting any recipient;
  • honoring opt-out/unsubscribe/STOP requests promptly and maintaining suppression lists;
  • complying with all applicable laws, including the U.S. CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state telemarketing/SMS laws, and (where applicable) Canada’s CASL and similar laws; and
  • accurate sender identity, required disclosures, and physical-address/identification requirements.

We provide messaging tooling but do not review your messages or recipient consent, are not the sender, and are not responsible for your communications. You will indemnify us for claims arising from them (§18).

7. AI Features

The Service may offer AI-assisted features (drafting, summarization, suggestions, automated tagging or mapping). AI output can be inaccurate or unsuitable, is not professional, legal, financial, or other advice, and must be reviewed by you before you rely on or send it. You are responsible for content you generate or send using these features. Relevant inputs may be processed by AI Sub-processors listed in the Privacy Policy; do not submit data you are not permitted to share with them.

8. Electronic Signatures

The Service may provide electronic-signature and document-signing tooling. You are solely responsible for the content, lawfulness, and intended legal effect of documents you send for signature, for verifying signer identity and authority, and for whether an electronic signature is valid and enforceable for your use case under applicable law (e.g., U.S. ESIGN/UETA or equivalent). We provide the tooling “as is” (§15) and do not warrant the legal validity or admissibility of any signed document.

9. Customer Data — Ownership, License, Export, Retention

  • Your data is yours. As between you and us, you own your Customer Data.
  • License to operate. You grant us a limited, worldwide, non-exclusive license to host, process, and transmit Customer Data solely to provide, secure, and support the Service.
  • Your End Customers. You are the controller of your End Customers’ data and are responsible for a lawful basis and appropriate notices/consents to collect and process it through the Service.
  • Aggregated/anonymized data. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the Service.
  • Export & retention. You may export your data in a machine-readable format while your account is active. If your plan lapses or you downgrade, your data is retained in a locked/read-limited state rather than deleted, and full access is restored on re-upgrade. After termination, data is retained for [RETENTION WINDOW] and then permanently deleted; deletion requests are honored per the Privacy Policy and applicable law.

10. Data Security & Backups

We maintain commercially reasonable administrative, technical, and organizational measures designed to protect Customer Data, but no method of transmission or storage is perfectly secure and we do not guarantee absolute security. You are responsible for maintaining your own backups of important data; any backup features we offer are a convenience and not a substitute for your own retention practices. Security-incident notification and sub-processor commitments are addressed in the Privacy Policy and any Data Processing Addendum.

11. Privacy

Our handling of personal data is described in the Privacy Policy, incorporated by reference.

12. Third-Party Services & Payments

  • Platform billing. Subscription payments to us are processed by PayPal (and/or other Processors we designate). We do not store your full card details; your use of the Processor is subject to its terms.
  • Your processor for your End Customers. If you use the Service to charge your own End Customers, you do so through your own connected Processor. We are not a party to those transactions, do not hold those funds, and are not responsible for them; you are solely responsible for those charges, refunds, disputes, chargebacks, tax, and PCI-DSS and payment-law compliance.
  • Integrations. Third-party integrations you connect (email, SMS, GitHub, AI providers) are governed by their own terms; we are not responsible for them.

13. Intellectual Property

We own the Service, software, and all related IP. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription. Feedback you provide may be used by us without obligation or compensation.

14. Service Availability & Beta Features

We aim for high availability but the Service is provided on an “as available” basis without guaranteed uptime unless a separate written SLA applies. We may modify, suspend for maintenance, or discontinue features with reasonable notice where practicable. Features labeled beta, preview, or early-access are provided “as is,” may change or be withdrawn, and may not be supported.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. We are not a payment processor, law firm, or accounting/financial advisor, and the Service (including any AI output) is not a substitute for professional advice.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/DATA. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE [12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. [ADJUST PER COUNSEL / JURISDICTION.]

17. Suspension & Termination

  • You may terminate by cancelling and ceasing use.
  • We may suspend or terminate for breach, non-payment, or to protect the Service or other users. Where feasible we will provide notice and an opportunity to cure.
  • On downgrade below your plan’s limits, over-limit businesses or features may be suspended (read-only, non-destructive) until you upgrade or reduce usage.
  • On termination, your right to use the Service ends; §9 governs data retention/deletion.

18. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your End Customers, your communications (§6), your use of the Service, or your breach of these Terms, to the extent permitted by law.

19. Changes to the Terms

We may update these Terms; material changes will be notified (e.g., email or in-app) and take effect on the stated date. Continued use after the effective date constitutes acceptance.

20. Governing Law & Disputes

These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict-of-laws rules. [INSERT VENUE / ARBITRATION / CLASS-ACTION-WAIVER LANGUAGE PER COUNSEL.]

21. General

  • Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
  • Severability. If any provision is unenforceable, the rest remains in effect.
  • No waiver. Failure to enforce a provision is not a waiver of it.
  • Notices. We may provide notices by email or in-app; you consent to electronic communications and records.
  • Relationship. The parties are independent contractors; no agency, partnership, or joint venture is created.
  • Entire agreement. These Terms (with the Privacy Policy and any DPA or signed agreement) are the entire agreement regarding the Service.
  • Survival. Sections that by their nature should survive termination survive.

22. Contact

Questions: [SUPPORT/LEGAL EMAIL], [LEGAL ENTITY NAME], [ADDRESS].