Terms of Service

Please read these terms carefully before using our Service.

1. Agreement to terms

By accessing or using the Tnuki service ("Service") operated by LoopyTool, LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Description of Service

Tnuki is a conversational sales intelligence platform that uses artificial intelligence to help you research and track accounts and prospects, and receive recurring Plays.

3. Account registration

3.1 Account creation

You may use our Service anonymously or sign in with an email address using a passwordless "magic link" delivered to your inbox. If you provide an email, you represent that:

• The information you provide is accurate.
• You have the right to use that email address.
• You will maintain the security of your email account and any magic links sent to it.
• You will take precautions before forwarding any email that contains a magic link or brief activation link.

3.2 Account responsibilities

You are responsible for:

• All activities that occur under your account.
• Maintaining the confidentiality of your access.
• Notifying us immediately of any unauthorized use.

4. Acceptable use

4.1 Permitted use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to:

• Provide accurate data and instructions.
• Comply with all applicable laws and regulations.
• Respect intellectual property rights.
• Use the Service in good faith.

4.2 Prohibited use

You may not:

• Use the Service for any illegal or unauthorized purpose.
• Process data you don't have the right to process.
• Attempt to reverse engineer, decompile, or hack the Service.
• Use the Service to harass, abuse, or harm others.
• Scrape, harvest, or collect data about other users.
• Overload or interfere with the Service's infrastructure.
• Use the Service to create competing products.
• Resell or redistribute the Service without permission.
• Upload malicious code or viruses.
• Violate any applicable laws or regulations.
• Process any content (including audio, images, or text) for which you lack necessary rights or permissions.
• Generate content that violates applicable law, infringes third-party rights, or depicts real individuals without appropriate consent.
• Access third-party services or accounts without authorization from the account holder.
• Store sensitive personal data (such as passwords, financial account numbers, or government identifiers) in persistent Service features.

5. Data processing and ownership

5.1 Your data

• You retain all rights to the data you upload.
• You grant us a license to process your data solely to provide the Service.
• You represent that you have the right to upload and process all submitted data.
• You are responsible for the accuracy and legality of your data.

5.2 Service outputs

• Enriched data and results are derived from your inputs and publicly available information.
• You own the enriched outputs generated for your data.
• We retain the right to use anonymized patterns and insights to improve our Service.

5.3 Third-party data

If you process data about third parties:

• You must have the legal right to do so.
• You are the data controller.
• We act as your data processor.
• You indemnify us against any claims related to such data.

5.4 AI-generated content

• Content generated through our Service is created using third-party AI models.
• You may use content generated from your prompts in accordance with applicable law and our AI providers' terms of service.
• We do not claim ownership of AI-generated content created for you.
• You are responsible for ensuring your use of generated content does not infringe third-party rights or violate applicable law.

5.5 Voice data

• Audio submitted for transcription is processed through third-party AI services.
• We do not permanently store audio files after transcription.
• You must have rights to any audio you submit for processing.

5.6 Third-party service connections

• You may connect third-party accounts (such as Gmail) to enhance Service functionality.
• Such connections are governed by both our Terms and the third party's terms.
• You may disconnect third-party services at any time.
• We access only the data necessary to provide the requested functionality.

5.7 Persistent memories

• You may save preferences and information ("memories") that persist across sessions.
• You can view and delete your saved memories at any time.
• Do not store sensitive personal information in memories.

5.8 Outbound email logging

• When drafting emails through our Service, we may include our logging address as a BCC recipient so that a copy is returned to us.
• You can remove the BCC address before sending any individual email, or forward past sent emails to our logging address to add them to your history.
• Logged emails are processed using AI to extract metadata and short summaries, and are used to inform your Plays and conversation context.
• You are responsible for ensuring you have the legal right to copy and retain correspondence with third parties under applicable laws, including any two-party consent or recording requirements in your jurisdiction. If you are unsure, DO NOT use the BCC logging address.

6. Pricing and payment

6.1 Free access

• We offer certain features free of charge, subject to usage limits and quotas that we may update at any time.
• Free features may change without notice.
• Access to free features may be revoked at our discretion.

6.2 Paid services

• Pricing is available on our website or by contacting sales.
• Prices are subject to change with notice.
• Payment terms are net 30 unless otherwise agreed.
• All fees are non-refundable except as required by law.

7. Intellectual property

7.1 Our property

The Service, including its original content, features, and functionality, is owned by LoopyTool, LLC and is protected by international copyright, trademark, and other intellectual property laws.

7.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation to you.

8. Privacy

Your use of our Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data practices.

9. Disclaimers and limitations

9.1 Service "as is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

9.2 AI-generated content

• The Service uses AI to generate enriched data, images, and transcriptions.
• We do not guarantee the accuracy, completeness, or reliability of any AI outputs.
• AI-generated images may not accurately represent real people, places, or things.
• Voice transcriptions may contain errors, especially with accents or technical terminology.
• You must verify all AI-generated content before use.
• We are not responsible for decisions based on Service outputs.

9.3 Third-party services

We are not responsible for third-party services, websites, or content accessed through our Service.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PAST 12 MONTHS.
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL.
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless LoopyTool, LLC, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including attorney's fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any rights of another.
• Your data or content.
• Your processing of third-party data.

12. Termination

12.1 Termination by you

You may stop using our Service at any time.

12.2 Termination by us

We may terminate or suspend your access immediately, without prior notice, for:

• Breach of these Terms.
• Illegal or harmful activities.
• Non-payment (for paid services).
• Any other reason at our sole discretion.

12.3 Effect of termination

Upon termination:

• Your right to use the Service ceases.
• We may delete your data per our Privacy Policy.
• All provisions that should survive termination shall remain in effect.

13. Dispute resolution

13.1 Informal resolution

We prefer to address concerns without formal legal proceedings. Before filing a claim, please contact us at support@tnuki.com to attempt resolution.

13.2 Arbitration

Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law. The arbitration shall be conducted in California, USA.

13.3 Class action waiver

You waive any right to bring claims as a plaintiff or class member in any purported class or representative proceeding.

14. General provisions

14.1 Governing law

These Terms are governed by the laws of California, USA, without regard to conflict of law provisions.

14.2 Entire agreement

These Terms and our Privacy Policy constitute the entire agreement between you and LoopyTool, LLC regarding the Service.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.

14.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

14.5 Force majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control.

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By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.