Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you, or the organisation you represent (“you”, the “merchant”), and [OWNER: Legal entity name operating Tóg Studio / the Tóg Marketplace], trading as Tóg Studio (“Tóg”, “we”, “us”), of [OWNER: Registered business address]. They govern your use of the Tóg Marketplace at app.togs.ie and the plugins, tools and APIs delivered through it (together, the “Service”). By creating an account or using the Service, you accept these Terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

Our Privacy Policy and, where we process personal data on your behalf, our Data Processing Addendum are incorporated into these Terms.

• You must provide accurate registration information and keep it current. You are responsible for activity under your account and for your team members’ use of the Service.
• You are responsible for safeguarding sign-in credentials and any API keys you mint. Notify us promptly at support@togs.ie if you suspect unauthorised access.
• You must be old enough to enter a binding contract and use the Service for business purposes. The Service is not directed at consumers acting outside a trade.

Several plugins are designed to run on credentials you supply — for example your own OpenAI key for AI chat, your own SMS provider credentials, or an access token from a platform you connect (such as a Shopify store). When you use a bring-your-own-key (“BYO-key”) configuration:

• You own that provider relationship. You are responsible for your agreement with that provider, your usage, your quotas and your costs with them, and for complying with that provider’s terms (including any terms about how your content may be used or retained).
• We hold your keys securely and use them only to run your plugin. The keys and tokens you supply are stored encrypted at rest and are used transiently to make the outbound call your plugin needs. We do not use them for any other purpose. See our Security page.
• You authorise the connections you make. When you connect a platform, you authorise us to access and process data from it as needed to provide the plugin, and you confirm you have the right to grant that access.

• Plans and quotas. Plugins are offered on plans with feature entitlements and usage quotas. Usage is metered, and a plugin call that would exceed your quota or an inactive subscription is declined by the Service.
• Billing rails. Subscriptions purchased on the web are billed through Stripe, where Tóg is the merchant of record; where the app is installed and billed through a host marketplace, that marketplace’s billing applies. [OWNER: Confirm which billing rail applies for the Shopify-listed app versus the direct web sale (Stripe is the web rail; Shopify Billing where listed)].
• Fees and renewal. Fees are charged in advance for the billing period and, unless stated otherwise, renew automatically until cancelled. You authorise us (or the host marketplace) to charge your chosen payment method. We never store your card number — it is held by Stripe.
• Taxes. Fees are exclusive of taxes unless stated; you are responsible for any taxes other than those on our income.
• Cancellation. You can cancel a subscription at any time; cancellation stops the next renewal and the plugin’s entitlement ends per its plan. Except where the law requires otherwise, fees already paid are non-refundable. [OWNER: Confirm refund and pro-ration policy with a solicitor].

You agree not to, and not to permit anyone to:

• use the Service unlawfully, or to process data you have no lawful basis or right to process;
• present a publishable (browser) key as a secret key, attempt to access another tenant’s data, or circumvent the gateway, quotas, rate limits or entitlement checks;
• reverse-engineer, scrape, overload, probe or disrupt the Service, or bypass its security;
• use the AI plugins to generate unlawful, infringing, harassing or deceptive content, or to violate a model provider’s usage policies;
• send messages (email or SMS) through the Service without a lawful basis and the recipient consents you are required to obtain; or
• resell or sublicense the Service except as expressly permitted.

You are responsible for your end-shoppers’ data and for giving them any notices and choices the law requires; as between you and Tóg, you are the controller of that data (see the DPA).

AI-generated output can be inaccurate, incomplete or unsuitable for your purpose. You are responsible for reviewing AI output before relying on it or presenting it to your customers. When no AI provider is configured or a provider is unavailable, the AI-chat plugin returns an honest “briefly unavailable” message rather than a fabricated answer. How your content is handled by a model provider depends on that provider’s terms — see our AI Data Handling disclosure.

• Our IP. The Service, its software and its branding are owned by Tóg or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these Terms.
• Your data. You retain all rights in your content and your customers’ data. You grant us the limited rights needed to host and process it to provide the Service and as instructed under the DPA. You can export and delete your data as described in the Privacy Policy.
• Feedback. If you send us feedback or suggestions, we may use them to improve the Service without obligation to you.

We work to keep the Service reliable but do not guarantee uninterrupted availability. We may modify, add or remove features, and may update these Terms; for material changes we will take reasonable steps to notify you, and continued use after the effective date constitutes acceptance. We may suspend access where reasonably necessary to protect the Service or comply with the law.

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be error-free or that AI output will be accurate. Some jurisdictions do not allow certain exclusions, so some of these may not apply to you.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total aggregate liability arising out of or relating to the Service is limited to [OWNER: Liability cap — e.g. the fees you paid in the 12 months before the claim; confirm the exact figure/wording with a solicitor]. Nothing in these Terms excludes liability that cannot be excluded by law (such as for death or personal injury caused by negligence, or for fraud).

You will indemnify Tóg against third-party claims arising from your unlawful use of the Service, your breach of these Terms, or your content or your customers’ data (including a claim that you lacked a lawful basis to process it), to the extent permitted by law. [OWNER: Confirm indemnity scope and any cap with a solicitor].

You may stop using the Service and close your account at any time (closing the account deletes your data as described in the Privacy Policy). We may suspend or terminate your access for a material breach of these Terms, for non-payment, or where required by law, giving notice where reasonable. On termination, your right to use the Service ends and the data-deletion and survival provisions apply.

These Terms are governed by the laws of Ireland, and the courts of Ireland have jurisdiction over any dispute, subject to any mandatory consumer-protection rights you may have. [OWNER: Governing law + jurisdiction/venue specifics — confirm Ireland and the exact courts/venue wording with a solicitor].

• These Terms, the Privacy Policy and the DPA are the entire agreement between you and Tóg about the Service.
• If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale.

Questions about these Terms: email support@togs.ie.