Toktix Terms of Service
Last updated: January 2025 (If you are a user having your usual residence in the US)
Table of Contents
- Your Relationship With Us
- Accepting the Terms
- Changes to the Terms
- Your Account with Us
- Your Access to and Use of Our Services
- Intellectual Property Rights
- Content
- Indemnity
- Exclusion of Warranties
- Limitation of Liability
- Other Terms
- Dispute Resolution
- App Stores
- Contact Us
1. Your Relationship With Us
Welcome to Toktix (the "Platform"), which is provided by Toktix Inc. in the United States (collectively such entities will be referred to as "Toktix", "we" or "us"). You are reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the "Services"). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with Toktix, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
3. Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform; however, you should look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: hello@toktix.com. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services and would like your account deleted, contact us at: hello@toktix.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian;
- make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein;
- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
- use the Services, without our express written consent, for any commercial or unauthorized purpose;
- interfere with or attempt to interfere with the proper working of the Services;
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination;
- use or attempt to use another's account, service or system without authorization from Toktix;
- use the Services to upload, transmit, distribute, store or otherwise make available in any way content that is harmful, offensive, or illegal.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree to the terms of the Copyright Policy.
7. Content
As between you and Toktix, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and the "look and feel" of the Services, and all intellectual property rights related thereto (the "Toktix Content"), are either owned or licensed by Toktix, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Toktix Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
8. Indemnity
You agree to defend, indemnify, and hold harmless Toktix, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representations and warranties under these Terms.
9. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
11. Other Terms
These Terms constitute the whole legal agreement between you and Toktix and govern your use of the Services and completely replace any prior agreements between you and Toktix in relation to the Services.
12. Dispute Resolution
If we have a dispute with you relating to or arising out of these Terms, we will first try to resolve it with you amicably. You agree to do the same for us. The party raising a dispute will initiate this process by notifying the other party.
13. App Stores
By downloading the Platform from a device made by Apple, Inc. ("Apple") or from Apple's App Store, you specifically acknowledge and agree that these Terms are between Toktix and you; Apple is not a party to these Terms.
14. Contact Us
You can reach us at: hello@toktix.com, or write to us at 2033 149th Street, Attn: Gabe Velez, Whitestone, NY 11357, USA.