TERMS OF SERVICE

Initial Release Version 1.0: September 2024

These Terms of Service ("Terms") govern your subscription to and use of the TogPod platform and services ("Platform"). By using the Platform, you agree to comply with and be bound by these Terms. If you do not agree, you must not use the Platform.

1. Use of the Platform

1.1 Eligibility:

To use TogPod, you must be at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the business you represent.

1.2 Account Ownership:

By creating a TogPod account, you confirm that the information provided is accurate and up to date. The individual or business entity registering for an account is considered the account owner. TogPod reserves the right to request documentation to verify ownership in cases of disputes.

1.3 Prohibited Use:

You may not use TogPod to engage in illegal activities, distribute harmful content, or breach the security of the platform. Any misuse of TogPod, including attempts to reverse engineer or disrupt the service, will result in immediate account termination.

2. Account Responsibilities

2.1 Login Credentials:

You are responsible for maintaining the confidentiality of your login credentials. Any unauthorized use of your account must be reported to TogPod immediately. You are responsible for any activities conducted under your account.

2.2 Data Ownership and Privacy:

All client data stored in your TogPod account remains your property. TogPod will not access or use your client data for any purposes other than providing the services you have requested. Upon termination of your account, you will be able to securely export your data.

3. Services and Features

3.1 Platform Access:

TogPod provides various services, including CRM tools, communication features (such as email and SMS marketing), automation, and reporting functionalities. These services are offered on a subscription basis, and your access is subject to payment of applicable fees.

3.2 Communication Services:

By using TogPod's communication services, you agree to comply with all applicable laws, including but not limited to, the Telephone Consumer Protection Act (TCPA) and CAN-SPAM regulations. You are responsible for obtaining any necessary consent from your customers before sending communications through the platform.

3.3 Third-Party Services:

TogPod may integrate with third-party services to enhance your experience. By enabling these services, you authorize TogPod to share your data with these third-party providers as necessary for the integration. TogPod is not responsible for the actions or performance of any third-party service providers.

4. Payment and Fees

4.1 Subscription Fees:

TogPod operates on a subscription model. Fees are charged on a monthly or annual basis, depending on your chosen plan. All payments must be made promptly to maintain access to the Platform. Fees are non-refundable.

4.2 Late Payments:

If your payment method fails, TogPod will attempt to process the payment for a limited period. If payment is not made, your account may be suspended or terminated. You are responsible for any overdue fees, penalties, or legal costs associated with non-payment.

5. Intellectual Property

5.1 Platform Content:

All content and materials provided through TogPod, including software, features, logos, and designs, are owned by TogPod or its licensors. You are granted a limited, non-transferable license to access and use the Platform as intended. You may not reproduce, distribute, or modify any content without prior written permission from TogPod.

5.2 User Content:

You retain ownership of all content you upload to the Platform.

6. Limitation of Liability

6.1 Service Availability:

TogPod is provided on an "as is" and "as available" basis. While we strive to provide uninterrupted service, we do not guarantee that the Platform will always be available or error-free.

6.2 Limitation of Liability:

TogPod will not be liable for any indirect, incidental, or consequential damages arising from your use of the Platform. Our liability, if any, will be limited to the total fees paid by you in the preceding three months.

7. Data Privacy and Security

7.1 Privacy:

TogPod's use of personal data is governed by our Privacy Policy. By using the Platform, you consent to the collection and processing of your data as outlined in the Privacy Policy.

7.2 Client Data:

TogPod does not use or access the data you store about your clients except as required to provide services to you. You retain full ownership of all client data, and upon leaving TogPod, you may securely transfer your data out of the platform.

8. Termination and Suspension

8.1 Termination by You:

You may terminate your subscription at any time by cancelling your account. No refunds will be provided for partial months or unused services.

8.2 Termination by TogPod:

TogPod reserves the right to suspend or terminate your account for violation of these Terms or for any other reason, with or without notice. Upon termination, your access to the Platform will cease immediately.

9. Dispute Resolution

9.1 Governing Law:

These Terms are governed by the laws of the United Kingdom. Any disputes arising from the use of TogPod will be subject to binding arbitration in the UK.

9.2 Class Action Waiver:

You agree to resolve disputes with TogPod on an individual basis and waive your right to participate in any class-action lawsuits or class-wide arbitration.

10. Changes to the Terms

TogPod reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Platform constitutes acceptance of the updated Terms.

11. Contact Us

For questions or concerns regarding these Terms, please contact us at [email protected].