Terms and conditions
By accessing and using the mytoucan Application, mytoucan.app or mytoucan.io, and all services offered by Mytoucan Pty Ltd (“mytoucan”), you accept and agree to be bound by these terms of use. These Terms apply to all use of the Application, Website (including any paid use of the Services), and any free trial of the Services.
Non-compliance with these Terms
If a User does not comply with these Terms, mytoucan may, at its sole discretion and with or without notice, cancel or suspend that User’s account and refuse to provide Services to that User.
Amendments
mytoucan reserves the right to amend or update these Terms and the Services at any time. Any User who continues to use the Services after changes have been made will be taken to have agreed to those changes.
Application
The Application, Website and Services are provided on an “as is” and “as available” basis, and you acknowledge that the use of the Services is at your sole risk. mytoucan does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Account information
Users must provide true, accurate, current and complete account information, including a full legal name and email address, and keep it up to date. Accounts may not be registered via automated methods.
No illegal or malicious use
No User may use the Services for any illegal or unauthorised purpose, or upload information that breaches confidentiality or intellectual property rights. Users may only access the Services through the interface provided by mytoucan.
Chat and email messaging
The Services allow a User to send chat and email messages to their customers. It is the User’s responsibility to obtain all relevant consents and to follow anti-spam law in their country, including the Australian Spam Act 2003.
Payments
All Services are charged in advance on a monthly or annual basis. Except for the 30-day money-back guarantee below, charges are non-refundable, including for any unused portion of a period. A valid credit card is required for paying accounts. Payment processing is provided by Stripe.
30-day money-back guarantee
If you are not satisfied with mytoucan during the first 30 days of a paid subscription, email us within that period to request a refund. We will refund the relevant subscription payment. This guarantee does not apply to charges after the first 30 days or to unused portions of later billing periods.
Price increases
If we plan to increase subscription pricing we will notify customers in advance by email, including the effective date. Existing subscribers may cancel before a price increase takes effect.
Cancellation of accounts
Users may cancel a paid subscription through the application. Cancellation takes effect at the end of the current monthly or annual billing period, and paid features remain available until then. The account then moves to the free Explorer plan. Cancelling a subscription does not delete the account or its data.
Liability and indemnity
mytoucan shall not be liable for any indirect, incidental, special, consequential or exemplary damages. Maximum aggregate liability is limited to the fees paid by the relevant User during the last twelve months. Each User indemnifies mytoucan against liability arising from that User’s use of the Services.
Intellectual property
mytoucan owns the intellectual property in the Application, Website and Services. mytoucan claims no intellectual property rights in content uploaded by Users. Users may not publish mytoucan branding without prior written consent.
Security
Users are responsible for keeping their account and password secure. mytoucan makes efforts to keep uploaded content secure but is not liable for loss from a security breach.
Governing law
These Terms are governed by Australian law. Users submit to the exclusive jurisdiction of the Australian courts.