These Terms of Service (“Terms”) govern your access to and use of Toshi (the “Service”), provided by Resonance Dynamics Pty Ltd (“Toshi”, “we”, “us”). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization.
1. The Service
Toshi is a sales-intelligence and CRM application that turns conversations and pipeline data into prospects, follow-ups, content, and insights. We may add, change, or discontinue features over time. We may also engage third-party providers (for example, cloud hosting, email and SMS delivery, AI processing, payments, and Google integrations) to deliver the Service.
2. Accounts and eligibility
- You must provide accurate account information and keep it up to date.
- You are responsible for safeguarding your credentials and for all activity under your account.
- You must be at least 18 years old and able to form a binding contract.
- You must promptly notify us of any unauthorized use of your account.
3. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right, or to send unlawful, deceptive, or unsolicited communications.
- Upload malicious code, attempt to gain unauthorized access, or disrupt the integrity or performance of the Service.
- Reverse engineer, resell, or sublicense the Service except as expressly permitted.
- Use the Service to store or transmit content you do not have the right to use, or in a way that infringes intellectual-property or privacy rights.
4. Customer data and your responsibilities
You retain ownership of the data you submit to the Service (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and improve the Service. You are responsible for the lawfulness of your Customer Data, including obtaining any consents required to upload call transcripts, contact information, or messages, and for complying with applicable communication and privacy laws when you use the Service to contact prospects.
5. Subscriptions and billing
Some features of the Service are offered on a paid subscription basis. Pricing, billing cycles, and plan limits will be presented at the point of purchase. [Billing terms placeholder — fees, renewal, cancellation, refunds, and taxes to be finalized before launch.] Unless stated otherwise, subscriptions renew automatically until cancelled, fees are non-refundable except where required by law, and you authorize us (and our payment processor) to charge your payment method for applicable fees.
6. Intellectual property
The Service, including its software, design, and content (excluding Customer Data), is owned by Toshi and its licensors and is protected by intellectual-property laws. These Terms do not grant you any right, title, or interest in the Service other than the limited right to use it in accordance with these Terms.
7. Third-party services
The Service may interoperate with third-party services that you choose to connect. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. Where you connect Google, your use of Google data within the Service is also subject to our Privacy Policy and the Google API Services User Data Policy.
8. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated outputs will be accurate or suitable for your purposes; you are responsible for reviewing outputs before relying on or sending them.
9. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You agree to indemnify and hold harmless Toshi from any claims, damages, and expenses arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law.
11. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. Upon termination, your right to use the Service ceases and we will handle your data in accordance with our Privacy Policy.
12. Governing law
These Terms are governed by the laws of Australia, without regard to its conflict-of-laws rules, and the courts located in Australia will have exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rights you may have where you reside.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above and, where appropriate, by additional notice. Your continued use of the Service after an update constitutes acceptance of the revised Terms.
14. Contact us
Questions about these Terms can be sent to Toshi at legal@toshicrm.com.