Terms and conditions

The following is a legal agreement between yourself (individual, company or any other entity) and Tobi AI Ltd (Tobi app), including any services or software products developed by Tobi AI Ltd.

Tobi app services include products and services sold via tobi.ai and the Shopify App store.

By using any of the Tobi app services or registering for these services, you agree that you have read, understood and accepted the terms and conditions listed within these Terms of Service.

If you do not accept this agreement or agree to all terms within these Terms of Service, you are not authorised to use any Tobi app services.

We may amend the terms of these Terms of Service at our discretion. When we do this, we will post the changes on our website, including the date of any amendment.

Your use of any Tobi app service implies that you accept any amendments we have made. It is your responsibility to review these Terms of Service for any changes.

1. Account

1.1. You must be 18 years or older to use Tobi app services.

1.2. In order to access and use Tobi app services, you must create an account. You will need to provide a valid email address and telephone number in order to do this.Any virtual or third-party phone number or landline number will be flagged up and delay the registration process. Tobi app may cancel your account or reject your registration at our discretion.

1.3. You agree that we can use your email address and/or phone number for communication purposes.

1.4. You are responsible for any content you send using our services, including text, images, links, promotions, automations etc.

1.5. Tobi app may terminate your account and stop your services should you violate any of the points within these Terms of Service.

2. Payments

2.1. Payments made via the Shopify App store are processed by Shopify Payment Processor.If you pay for the service as your employer, rather than yourself, your employer is bound to the service. If you sign up for any of our plans or activate the auto-recharge option, you will be charged for our services on a recurring basis. Any plan you purchase from us will automatically renew unless you cancel your plan.

3. Acceptable Use

3.1. You may only use our services to contact recipients who expect your messages.

3.2. You may only contact recipients whose contact details you have lawfully gathered.Check our Best Practice post for more information on how to gather contact details using opt-in forms and subscribing.

3.3. You may only use our services for transactional purposes, to notify your users of the status of their order or information about its shipping, packing, and payment.

3.4. You may only use our services for marketing purposes, following local requirements and best practices, including obtaining consent from users that they agree to receiving your messages, including your business or brand name, a brief offer, and links for customers to find out more.

3.5. You may only use our services if you include a way for users to opt-out and unsubscribe if they no longer wish to receive messages from you (USA and Canada).

4. Prohibited use of service

4.1. You may not use the service with purchased, leased, transferred, rented or stolen numbers that do not have customer consent for receiving marketing.

4.2. You may not use the service in connection with child exploitation, harassment, hateful content, threats, illegal activities, malicious or deceptive practices, scams, spam, terrorism, indecent content, pornographic content, sexual content, or any content intended to cause distress, annoyance, inconvenience, worry or upset to the recipient.

4.3. You may not use your account to represent yourself as a third-party or bypass any legitimate identification systems.

4.4. You may not test or reverse-engineer the services in order to find limitations or vulnerabilities, or to evade any filtering systems.

4.5. You may not use copyright trademarks or other intellectual property without the written permission of the holder of these rights.

4.6. You may not bring the Tobi app brand into disrepute. Should any prohibited messages be transmitted using our SMS messaging service, Tobi app may temporarily suspend your account at its discretion until the matter is resolved to Tobi app’s satisfaction. In extreme cases, Tobi app may terminate your account and any agreement. In the instance of any fines being levied against Tobi app as a result of prohibited messages being sent using the Tobi app SMS service, the user responsible for those messages, or the user whose account has sent those messages will be held liable to pay the fines in their entirety.

5. Limitation of Liability

5.1. To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of Tobi app Services. Tobi app will not be liable for any indirect, punitive, special or consequential damages under any circumstances, including if these are due to negligence or Tobi app has been advised of the possibility of those damages. Tobi app’s liability for all claims against the service in any month will be no more than what you have paid for the service in the previous month.

6. No warranty

6.1. To the maximum extent permitted by law, Tobi app provides the material on the E-commerce App website. This means Tobi app does not provide warranties of any kind, either express or implied, included but not limited to warranties of merchantability or fitness to any particular purpose. Since people use Tobi app for a variety of reasons, we cannot guarantee that Tobi app services will meet your specific needs.

6.2. Tobi app cannot guarantee the services will be uninterrupted, timely or free of errors.

6.3. Tobi app cannot guarantee that the quality of the services will meet your expectations.

7. Suspension of Services and Refunds

7.1. Should you wish to cancel your service and have not used the service at all (i.e. if you haven’t sent any messages), you are eligible for a refund of what you have paid. You must comply with the terms of Acceptable Use in order to be eligible for a refund.

7.2. Should you wish to cancel your account via Shopify or any other app, you must uninstall the application.

7.3. Should you use the service along with any of the points in 4. Prohibited Use of Service, Tobi app reserves the right to terminate your account immediately and you will not be eligible for any refunds.

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