Legal

Terms of Service

Effective date: [EFFECTIVE DATE]

These terms are the agreement between you and us when you use Toophan to build and publish a website for your business. They are written to be read. The short version: the design is ours, the content is yours, you are responsible for it being true, and we will not invent claims for you.

1. Agreement

Toophan is operated by [LEGAL ENTITY NAME], of [BUSINESS ADDRESS] (“we”, “us”). By creating an account or using Toophan you agree to these terms and to our Privacy Policy. If you use it for a business, you confirm you can bind that business to these terms. If you do not agree, do not use the service. You must be at least 18 years old.

2. The service

Toophan is a conversational website builder for local businesses. You talk with an AI assistant about your business; it fills a finished, pre-built design with your words, your photos and photographs it generates for empty photo slots; you review a live preview; and, once you publish, your site is served from its own address on our domain, with contact or booking forms whose submissions reach you in the builder and (when email delivery is on) by email.

Designs are fixed. You choose among designs and can switch them or turn optional sections on and off. The assistant does not rewrite a design’s layout, type or motion, and we do not promise any design change on request.
The service changes. We may add, change or retire designs, features and integrations. Features described as coming later (for example custom domains) are not part of the service until we release them.
Imports from your own website or Google listing are offered as a convenience. You must have the right to import what you point us at, and you must check what comes in.

3. Accounts

You need an account to use the builder. Give accurate information, keep your sign-in secure, and tell us at once if you think someone else has used it. You are responsible for everything done through your account. One account is for one person; do not share it. We may refuse or suspend an account that breaks these terms.

4. Your content, and its truth

“Your content” is everything you give the service or publish with it: what you type to the assistant, the facts about your business, photos you upload, and the text and images that appear on your published site.

You are responsible for your published site. Nothing goes live until you publish it. Read the whole site, on a phone as well as a computer, before you do.
It must be true. Do not publish claims about your business that are false or that you cannot back up: licences, registrations, memberships, insurance, certifications, qualifications, awards, reviews or testimonials, years in business, prices, guarantees, warranties, results, or the names and credentials of people. The builder is designed not to make these up. It leaves a gap and asks you instead, and it blocks publishing while a placeholder remains. That safeguard is not a guarantee. If the assistant or a generated sentence states something you cannot support, remove or correct it. We do not check your claims.
Rules for your trade apply to you. Accountants, bookkeepers, tax preparers, electricians, plumbers, gas and HVAC contractors, roofers, salons, spas and other businesses are regulated differently in each province. You are responsible for any licence-number, title, advertising and consumer-protection rules that apply to your site.
You must have the rights. You confirm that you own, or have permission to use, everything you upload or import, including photographs, logos, text, and the likeness of any person who appears, and that you have the consent of anyone whose personal information you put on the site.
Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to store, process, copy, display, adapt (for example, resize and convert photos) and transmit your content, and to pass it to the providers named in the Privacy Policy, only as needed to run the service for you, including publishing and hosting your site. It ends when your content is deleted, except for backups and records we must keep.

5. Acceptable use

You may not use Toophan, or let anyone else use it, to:

break the law, or publish anything unlawful, defamatory, hateful, harassing, or infringing someone’s rights;
mislead people, including impersonating another business or person, publishing fake reviews, or pretending an AI-generated image shows something it does not;
collect or send personal information unlawfully, or send unsolicited commercial messages to people who submit your forms without their consent;
publish adult content, weapons, or unlicensed regulated goods or services, or a business we cannot reasonably host;
upload malware, probe or attack the service, bypass limits, scrape it at scale, or use it to build a competing product;
resell or white-label the service, or use it for a client’s site, unless your plan or a written agreement with us allows it;
use the assistant to generate content you intend to pass off as authored by someone else.

We may remove content, unpublish a site or suspend an account that we reasonably believe breaks this section or the law, and we will try to tell you when we do.

6. AI-generated content

The assistant writes wording for your site and the builder generates photographs, using third-party AI models. Please understand what that means:

AI output can be wrong, repetitive, or similar to what it gives other people. It may not be unique and we do not promise that it does not resemble existing works. Review everything.
Generated photographs are illustrations to set a mood. They are not photographs of your premises, your staff, your vehicles or your work, and they are never evidence of the quality of a service or of a result. The builder keeps storefronts, premises, staff, finished work and before-and-after pictures for real photographs from you. Do not caption or describe a generated image as your own work, premises or people, and replace generated photos with real ones where it matters. Where generated images appear in your preview they are marked as stand-ins.
The assistant is not a lawyer, accountant, tax adviser or engineer. Nothing it writes is professional advice, and you must not rely on it for compliance.
What you type and upload is sent to AI providers to produce the output, as the Privacy Policy explains. Do not give the assistant information you are not allowed to share, or sensitive information about other people.
As between you and us, you may use the output on your site, subject to these terms and to the AI providers’ own usage rules.

7. Your visitors and forms

When a visitor to your site submits a contact or booking form, you are responsible to that visitor for the information they send you, and we store and deliver it on your behalf. You must publish your own privacy notice on your site, use visitors’ information only for the purpose they gave it, respond to their requests, and follow Canadian privacy and anti-spam law. Form delivery depends on email systems and on settings outside our control: always also check the inbox in the builder, and do not rely on the service for time-critical or emergency requests. See the Privacy Policy for how we handle the data.

8. Subscriptions and billing

What is paid. Building and previewing a site are free. Publishing a site live requires a paid subscription, and a subscription covers one published site: if you publish two sites, you hold two subscriptions. What is included, what it costs and the billing period (monthly or yearly) are set out on the pricing page and at checkout, and apply to you from the moment you accept them. Nothing on our marketing pages is a quote.
Payment. Payments are processed by Stripe. You authorize us, through Stripe, to charge your payment method for the plan you choose, each period, until you cancel. Prices are shown in the currency at checkout and exclude applicable taxes, which are added where required.
Changes. We may change prices or plans for future periods by giving you notice in advance. You may cancel before the change takes effect. If you subscribed under the founding price lock described on the pricing page, that price is kept for as long as your subscription continues without lapsing.
Cancelling. You can cancel at any time from the billing portal in the builder. Cancelling stops future charges at the end of the period you have paid for. If you cancel or a payment fails, we stop republishing, and the site follows the grace period below. Apart from the money-back guarantee below, fees already paid are not refunded unless the law or a written promise from us says otherwise.
30-day money-back. If you are not satisfied, ask us within 30 days of subscribing to a site and we will refund what you paid for that subscription. This applies to monthly and yearly subscriptions alike.
Failed payments. If a payment fails we may retry it and suspend the paid features, such as republishing.
If a plan lapses. When a site’s plan ends or its payment fails, the site stays online for 7 days, then shows a plain “temporarily unavailable” page; your content is kept, nothing is deleted, and the site comes back as soon as the plan is active again.

9. Who owns what

Ours. The designs, templates, layouts, typography, motion, code, builder, assistant instructions and the Toophan name and branding belong to us or our licensors. We give you a limited, non-transferable right to use them, through the service, for as long as your subscription runs, to display your site. You may not copy, extract, resell or reverse-engineer them, or reuse a design outside the service.
Yours. You keep ownership of your content. Generated text and images are yours to use on your site as set out in section 6, but a design’s look is not made yours because your words sit in it.
Feedback. If you suggest improvements we may use them without owing you anything.

10. Third-party services

The service depends on other companies’ services (sign-in, payments, storage, hosting, AI models, email, maps and listings, fonts). They have their own terms, and we are not responsible for their outages, changes or conduct. If you import from or connect to one, you must follow its terms.

11. Availability

We work to keep Toophan and published sites available, but we do not promise uninterrupted or error-free service. We may take it down for maintenance, security or reasons outside our control. We make no uptime guarantee. AI features and image generation can be slow, fail, or be capped; we may limit usage per site or account. Keep your own copy of the facts and photos you rely on.

12. Disclaimers

To the fullest extent the law allows, the service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose, non-infringement, and that the service, the AI output or any site will meet your needs, bring you customers or rank in search. Some provinces do not allow certain disclaimers; where that applies, they apply only as far as the law permits.

13. Limits on liability

To the extent the law allows: we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, customers, goodwill or data; and our total liability to you for any claim connected with the service is limited to the greater of the amount you paid us in the twelve months before the claim arose and CAD $100. Nothing in these terms limits liability that cannot be limited by law, including liability for our own intentional or gross fault, or for bodily injury, and nothing removes rights you have as a consumer under law (for example in Quebec). You are responsible for how you use the service and what you publish.

14. Indemnity

You will defend and compensate us, our officers and our service providers against claims, losses and reasonable costs arising from your content, your published site, your breach of these terms or the law, or your dealings with your visitors and customers, except to the extent we caused the loss.

15. Ending this agreement

You can stop using the service and cancel at any time (section 8) and ask us to delete your data (see the Privacy Policy).
We may suspend or end your access, or unpublish your site, if you break these terms or the law, if a payment is overdue, if you do not use the service for a long time, or if we stop offering the service. Where we can, we will give notice and a chance to fix the problem; we may act immediately if there is a legal, security or abuse risk.
After it ends, your right to use the designs ends and your site comes down. You can ask us for a copy of your content and photos before then; we will provide what we reasonably can. Sections that by their nature continue (ownership, disclaimers, liability, indemnity, governing law) survive.

16. Governing law

These terms are governed by the laws of the Province of [GOVERNING PROVINCE] and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Courts in that province have exclusive jurisdiction, except that you may sue in your home courts where the law gives you that right as a consumer, and either of us may seek urgent relief to protect intellectual property or confidential information in any competent court.

17. Changes

We may update these terms. We will post the new version with its effective date and give account holders reasonable notice of a material change by email or inside the builder. If you keep using the service after the change takes effect, you accept it; if you do not agree, cancel before then.

18. General

These terms, the Privacy Policy and the pricing page are the whole agreement between us about the service. If part of them is unenforceable, the rest stays in effect. A failure to enforce a right is not a waiver. You may not assign the agreement without our consent; we may assign it with a sale or reorganisation of our business. Neither of us is liable for failures caused by events beyond reasonable control. Notices to you may be sent to your account email. If these terms are provided in more than one language, the version the law requires controls.

19. Contact

[LEGAL ENTITY NAME]
[BUSINESS ADDRESS]
[CONTACT EMAIL]

This document is a draft prepared for review by a lawyer. It is not legal advice and it does not take effect until the owner-supplied details above are filled in and counsel has approved it.