These Terms of Use and End User License Agreement (the “Terms”) govern your access to and use of the ToastyAI mobile application and related services (together, the “Service”), provided by ToastyAI (“ToastyAI,” “we,” “us,” or “our”). Please read them carefully. By creating an account or using the Service, you agree to these Terms.
1. Acceptance of these Terms
By creating an account, checking the acceptance box at sign-up, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. You represent that the information you provide when creating an account is accurate and that you are legally permitted to use the Service in your jurisdiction.
3. Your Account
- You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
- Keep your account information accurate and up to date.
- Notify us promptly if you believe your account has been compromised.
- You may not share, sell, or transfer your account to anyone else.
4. The Service
ToastyAI is a communications application offering one-to-one and group messaging, media sharing, and voice and video calling. The Service is provided on an ongoing, evolving basis. We may add, change, suspend, or remove features at any time, and we may impose limits on certain features or restrict access to parts of the Service without notice or liability.
5. Acceptable Use
You agree not to use the Service to:
- violate any applicable law or regulation, or infringe the rights of others;
- send spam, or transmit malware or any harmful or disruptive code;
- harass, abuse, threaten, defame, or harm another person;
- upload, share, or transmit content that is unlawful, sexually exploitative of minors, hateful, or that you do not have the right to share;
- impersonate any person or entity, or misrepresent your affiliation;
- attempt to gain unauthorized access to the Service, other accounts, or our systems, or interfere with or disrupt the Service;
- reverse engineer, decompile, or disassemble the application except to the extent that restriction is prohibited by applicable law;
- use the Service to develop a competing product or to scrape or harvest data.
We may investigate and take appropriate action, including removing content and suspending or terminating accounts, for any violation of these Terms.
6. Your Content
You retain ownership of the messages, media, and other content you create or share through the Service (“Your Content”). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, and display Your Content solely as necessary to operate and provide the Service to you and the people you communicate with. You are solely responsible for Your Content and the consequences of sharing it. We do not pre-screen content and are not obligated to monitor it, but we may remove content that violates these Terms.
7. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains what information we collect and how we use it. To deliver messages and calls, the Service stores account and message data on our servers and relays call media through third-party infrastructure. Do not use the Service to share information you are not comfortable transmitting through it.
8. Voice and Video Calls
Voice and video calling rely on your device, your network connection, and third-party relay infrastructure. We do not guarantee that calls will connect, remain connected, or be of any particular quality, and call availability may vary with network conditions.
9. Intellectual Property
The Service, including the application, its design, the ToastyAI name and logo, and all related software and content (other than Your Content), is owned by ToastyAI and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the application on a device you own or control, for your personal, non-commercial use. No other rights are granted.
10. Third-Party Services
The Service may interoperate with third-party services and platforms (including app stores and network providers). Your use of those services is governed by their own terms, and we are not responsible for them.
11. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components.
12. Limitation of Liability
To the maximum extent permitted by law, ToastyAI and its owners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, revenue, goodwill, or business, arising out of or relating to your use of (or inability to use) the Service, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us, if any, in the twelve months before the claim, or twenty-five U.S. dollars (US$25).
13. Indemnification
You agree to indemnify and hold harmless ToastyAI and its owners from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to Your Content, your use of the Service, or your violation of these Terms or of any law or the rights of a third party.
14. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or to protect the Service or other users. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes will be communicated through the Service where practicable. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. Governing Law
These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Texas will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except where prohibited by applicable law.
17. Apple App Store — Additional Terms
The following additional terms apply to the application you obtain through the Apple App Store (the “Licensed Application”):
- These Terms are between you and ToastyAI only, not with Apple. Apple is not responsible for the Licensed Application or its content.
- The license granted to you is a non-transferable license to use the Licensed Application on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules.
- Apple has no obligation to provide any maintenance or support services for the Licensed Application.
- To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Licensed Application. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation.
- Apple is not responsible for addressing any claims by you or a third party relating to the Licensed Application, including product-liability claims, claims that the application fails to conform to legal requirements, and claims under consumer-protection or similar legislation.
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Licensed Application infringes intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
18. Contact
Questions about these Terms? Contact us at support@toastyai.net.