Thank you for using Toki!
Toki refers to the Toki service owned and operated by Orion Arm Pte. Ltd. or our affiliated companies (referred to as 'we', ‘us’ or ‘our’ hereafter). When you use the Toki service, including our software, data, documents, and website, these Terms of Use apply. By using our service, you acknowledge and agree to comply with these terms and with the provisions of the European Union Artificial Intelligence Act (the "EU AI Act") to the extent applicable to your use of our services.
Registration and Access
You must be a certain age or older to use the Services (at the age of 13 in the U.S., at the age of 16 in Europe, and at the age of 11 in Thailand). If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
Usage Requirements
(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
Content
(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Toki hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Toki may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
(b) Use of Content to Improve Services. We may use Content from Services to help develop and improve our Services. If you do not want your Content used to improve Services, please email us at service@yestoki.com. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
(c) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
Intellectual Property
Toki represents the culmination of significant investment, research, and development by us. As such, all intellectual property rights associated with Toki, including but not limited to copyrights and trademarks, belong exclusively to us. This intellectual property encompasses the codebase, algorithms, designs, user interfaces, and any other creative elements that constitute Toki.
- Ownership Rights. By asserting ownership of the intellectual property rights, we retain the exclusive authority to control and manage the use, distribution, and modification of Toki. This ensures that we maintain its competitive edge in the market and protects the innovative contributions made by its team members.
- Restrictions on Use. Users of Toki are granted a limited, non-exclusive license to access and use the system for its intended purposes in accordance with the Terms of Use. However, users are explicitly prohibited from engaging in any activities that would infringe upon our intellectual property rights. Specifically:
(a) Reproduction. Users may not reproduce Toki in whole or in part without prior written consent from us. This includes copying the source code, replicating the user interface, or duplicating any other elements of the system.
(b) Distribution. Users may not distribute Toki to third parties without prior written consent from us. This includes sharing access credentials, providing copies of the system, or otherwise facilitating unauthorized use of the intellectual property.
(c) Modification. Users may not modify Toki in any way without prior written consent from us. This includes altering the codebase, customizing the functionalities, or making any other changes to the system's design or operation.
- Enforcement. We reserve the right to take legal action against any individual or entity found to be infringing upon its intellectual property rights. This may include seeking damages, injunctive relief, or other remedies available under applicable laws and regulations.
Security and Data Protection
(a) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Toki and provide details of the vulnerability or breach.
(b) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.
Term and Termination
(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Security and Data Protection) or 14 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
Disclaimer of Warranties; Limitations on Liability
(a) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(b) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Multi-Modal Functionality
Toki offers multi-modal functionality, allowing users to interact via voice commands, text input, and other supported modalities. Users understand that the accuracy of AI responses may vary based on input and environmental factors.
AI-Driven Alerts and Reminders
Toki utilizes artificial intelligence to provide personalized alerts and reminders based on user preferences and historical data. While Toki strives for accuracy, Toki is not liable for any errors or omissions in the alerts or reminders provided by the AI system.
Streamlined Handling of Complex Tasks
Toki simplifies complex tasks by leveraging AI algorithms to automate and optimize processes. Users acknowledge that the effectiveness of task handling may depend on various factors, including data quality and system performance.
Seamless Integration
Toki seamlessly integrates with compatible devices and platforms without the need for additional downloads or installations. However, Toki does not guarantee compatibility with all devices and platforms.
Group Chat Support
Toki facilitates group communication through its chat support feature. Users are responsible for their conduct in group chats and must adhere to our guidelines.
Synchronisation Across Devices
Toki synchronises user data and settings across multiple devices for a seamless user experience. Users understand that synchronisation may be subject to network availability and device compatibility.
General Terms
(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Toki or any of Toki’s affiliates. Toki and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Use of Brands. You may not use Toki’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
(c) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please email us at contact@yestoki.com. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(d) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
(e) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
Prohibited Practices
Toki strictly adheres to the regulations outlined in the EU AI Act and refrains from engaging in any practices that are prohibited by the Act. These prohibited practices include but are not limited to:
(a) Behavior Manipulation. Toki does not engage in any form of behaviour manipulation, coercion, or persuasion that could influence users in a deceptive, exploitative, or unethical manner. The system operates transparently and ensures that users are not subject to manipulative tactics that compromise their autonomy or decision-making abilities.
(b) Exploitation. Toki does not exploit vulnerabilities in users or intentionally cause harm, whether physical, psychological, financial, or otherwise. The system is designed to prioritize user welfare and safety, and any features or functionalities are developed with ethical considerations to prevent exploitation and protect user rights and interests.
User Obligations. In addition to Toki adhering to the regulations of the EU AI Act, users are also required to uphold certain obligations to maintain the integrity and security of the system. These obligations include:
(a) Compliance with Terms. Users shall comply with the Terms of Use and all applicable laws and regulations when accessing or using Toki. This includes refraining from engaging in any activities that could compromise the integrity or security of the system.
(b) Responsible Use. Users are responsible for their actions when using Toki and shall not engage in any conduct that could harm the system or its functionality. This includes refraining from attempting to circumvent security measures, introduce malicious code, or engage in any other activities that could disrupt or compromise the system's operation.
(c) Reporting Concerns. Users are encouraged to report any concerns or suspected violations of the Terms of Use or the EU AI Act to Toki. This includes any instances of behaviour manipulation, exploitation, or other prohibited practices observed while using the system.
By adhering to these guidelines and working collaboratively with users, we aim to ensure that Toki operates in compliance with the EU AI Act and maintains the trust and confidence of its users.
Paid Services
A. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms applicable to you. Our Pricing and Payment Terms are hereby incorporated by reference herein. Toki may add new services for additional fees and charges, and may add or amend fees and charges for existing services, at any time, in its sole discretion; provided however, that if we have offered a specific duration and Subscription Fee (as defined in Section B) for your use of the Service, we agree that the Subscription Fee will remain in force for that duration. Any change to our Pricing and Payment Terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.
B. “Subscription Fee” means the recurring amount you pay (or, if applicable, your Team Sponsor pays) as consideration for a subscription to any particular portion of the Service (“Subscription”).
C. Subscriptions a. Automatic Renewals. The Subscriptions are available on an automatically renewing subscription basis. Your subscription will automatically renew at the end of each subscription term identified at the time of your subscription for subsequent terms equal in length to the initial subscription term (each such period, a “subscription term”) unless and until you cancel the applicable subscription in accordance with the cancellation procedures identified in section C(c) of these terms. If you are signed up for a free trial of the service, your subscription (and the first subscription term) will begin upon the expiration of such free trial.
b. Automatic Billing and Policies. When you purchase a Subscription, you expressly acknowledge and agree that: (i) Toki and/or its third-party payment processors are authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Subscription, subject to adjustment in accordance with the terms and conditions of these Terms, for as long as your Subscription continues; and (ii) your Subscription is continuous until the earlier of 1. your cancellation of such Subscription (including any notice period specified in Section C(c) of these Terms) and 2. the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees in accordance with the Pricing and Payment Terms, and/or changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
c. Cancellation Procedures. To cancel any Subscription, you must notify us by the day before the start of the next Subscription Term by using the appropriate functionalities of the Service or by contacting us at . You will continue to have access to the Subscription through the end of the current Subscription Term.
Data Processing and Privacy
We prioritise the protection of user data and are committed to upholding the highest standards of privacy and data security. Our data processing practices are governed by our Privacy Policy, which forms an integral part of these Terms of Use.
Contact Us
If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at contact@yestoki.com.
Acknowledgement and consent
By visiting our website, accessing or using any of our products, services, information, content, features or premises, you acknowledge that you have read and understood these Terms of Use and you accept the practices and terms as set out herein.
(f) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or in-product notification.
(g) Waiver and Severability. If you do not comply with these Terms, and Toki does not take action right away, this does not mean Toki is giving up any of our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(h) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and Toki regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Toki on that subject.
(i) Governing Law and Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, breach, termination, or validity, shall be referred to and finally resolved by arbitration in Singapore. The arbitration shall be conducted in accordance with the rules of the Singapore International Arbitration Centre (SIAC) in force at the time of the dispute, by a tribunal consisting of one arbitrator appointed in accordance with the said rules. The language of the arbitration shall be English.
d. Cancellations; Refunds. You may cancel your User Account or any Subscription at your sole discretion. Purchases are non-refundable; Toki is not obligated to refund any payments, but may do so at its sole discretion. Subject to the foregoing sentence, you acknowledge and agree that, in the event that: (i) Toki suspends or terminates your subscription, your user account, or these terms, or (ii) you cancel your subscription, you will receive no refund for such suspension, termination, or cancellation, nor for any unused time on your subscription, any pre-payments made in connection with your subscription, any license or subscription fees for any portion of the service, any content or data associated with your user account, or anything else.
D. Payment Information; Taxes. In connection with payments of Subscription Fees and/or any other monetary transaction interaction with the Service, you may be asked to provide customary billing information such as name, billing address, and credit card information to us or to the applicable third-party payment processor. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You hereby authorize the collection of such amounts by charging your designated payment method or credit or debit card, either directly by us, or indirectly via a third-party payment processor. We cannot control any fees that may be charged to you by your bank in connection with the collection of Subscription Fees or any other fees, and we disclaim any and all liability in this regard. If you are directed to a third-party payment processor, you will be subject to terms and conditions governing the use of that third party’s service and to that third party’s personal information collection practices. Please review such terms and conditions and privacy notice before using such third party’s services. Without limiting the generality of the foregoing, you acknowledge and understand that, by using the Service, you agree to be bound by Stripe’s Services Agreement, and by the terms of service of any other third-party payment processor(s) that we may engage from time to time in our sole discretion. You acknowledge and understand that third-party payment processors may collect and retain Third-Party Fees whenever you pay Subscription Fees. Except as otherwise provided herein, Subscription Fees are non-refundable. If you believe you have been improperly charged and would like to request a refund, please contact us at billing@yestoki.com. You will pay all applicable taxes, if any, relating to any monetary transaction interaction with the Service.
E. Free Trials. We may, at our sole option and in our sole discretion, offer free trials to a particular portion of the Service, subject to the terms of the offer. If you are signed up to a free trial of the Service, we will automatically bill your payment method on the first day of your first Subscription Term after the free trial period expires, and on each recurring billing date thereafter, subject to the terms hereof. If you wish to avoid charges to your payment method, you must cancel your free trial on the last day of your free trial period. If you cancel your free trial, cancellation may be effective immediately. You acknowledge and agree that any offers made available through the Service, including without limitation offers for Subscriptions, are subject to change at any time and from time to time.