Terms of use

1. Toshl Terms of Service
1.1

Toshl is a software product and a collection of services ("Services"), which can be used online or offline, on various stationary and mobile devices. Toshl is made and operated by Toshl Inc. - Toshl Inc., 444 Castro Street, Suite 1200, Mountain View, CA 94041, United States. The servers on which the Services operate are based in Germany, therefore the functioning of the Services is under the jurisdiction of German law. This document sets forth certain terms and conditions ("Terms") of the legal contract between you ("User") and Toshl Inc. with respect to User’s use of the Toshl Inc. Services, whether as an unregistered visitor (“Visitor”), a free account holder (“Registered User”), or a paying customer ("Toshl Pro Member").

2. Accepting the Terms
2.1

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2

You can accept the Terms by:

  • (A)

    clicking to accept or agree to the Terms, where this option is made available to you by Toshl Inc. in the user interface for any Service; or

  • (B)

    by actually using the Services. In this case, you understand and agree that Toshl Inc. will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3

You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Toshl Inc., or otherwise incapable of forming binding contracts.

3. Availability of Services
3.1

Due to the continuing development and improvement of the Services, they are subject to change.You acknowledge and agree that the form and nature of the Services provided by Toshl Inc. may change from time to time without prior notice to you.

3.2

You acknowledge and agree that Toshl Inc. do not guarantee completely uninterrupted and continuous availability of the Services. While the Services shall be available for the vast majority of the time, the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Toshl Inc. shall not be responsible to User or others for any such interruptions, errors or problems or an outright
discontinuance of the Services.

3.3

You acknowledge and agree that if Toshl Inc. disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Access to accounts may only be disabled in the event of violation of the Terms or in the case of User's actions potentially disrupting to the operation of the Services.

3.4

In the case of the termination of the Services, Toshl Inc. will notify the Users well in advance and continue to operate the Services according to contractual obligations until the paid subscriptions to Toshl Pro have expired.

4. User's account, password and security
4.1.

By using the Services, you represent and warrant that all registration information is truthful and accurate and you agree to maintain the accuracy of such information.

4.2

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

4.3

Accordingly, you agree that you will be solely responsible for all activities that occur under your account.

5. Privacy and your personal information
5.1

Read the Toshl Privacy Policy at http://toshl.com/privacy/ for more information regarding privacy.The privacy policy contains information regarding Toshl Inc.'s principles towards the treatment of data and the protection of your information.

5.2

You agree to the use of your data in accordance with Toshl Inc.’s privacy policy.

6. Free accounts
6.1

Visitors to Toshl may register a free account with their e-mail address and thus become Registered Users. Free accounts offer basic features free of charge. A valid e-mail address and the confirmation of its validity by clicking on a link sent by e-mail are required.

7. Toshl Pro Membership
7.1

The User may opt to become Toshl Pro Member which will enable additional features of the Services, thus becoming Member Services. For the Registered User to become a Toshl Pro Member, the payment of a subscription fee for Member Services in advance is required.

7.2

Member Services are charged as a yearly subscription, the payment of the fee guarantees the Toshl Pro Member the usage of the Member Services for the period of one year since the date
of the payment of the fee.

7.3

Payment of the fee creates a recurring payment on PayPal, meaning that the Toshl Pro Member will be automatically charged the fee each year for the renewal of the subscription, unless the Toshl Pro Member decides to terminate it. Toshl Inc. will notify the Toshl Pro Member of the impending subscription renewal and fee by e-mail two weeks before the renewal of the subscription.

7.4

First 30 days since the purchase of the subscription to Member Services are a trial period, during which the Toshl Pro Member may decide to terminate the subscription to Member Services. In such case the Toshl Pro Member is entitled to a full refund of the subscription fee.

7.5

Toshl Pro Member may at any time choose to terminate the subscription to Member Services. Toshl Pro Member may do so by:

  • (A)

    terminating the automatic subscription renewal, meaning they will be able to use the Member Services until the expiration of their subscription at which point it will not be automatically renewed. The Toshl Pro Member will then be switched to an ordinary Registered User account, meaning they will lose usage of the additional Features provided by Member Services.

  • (B)

    deleting their account. This will cancel the subscription to Member Services, the automatic renewal and delete the account and all the data of the Toshl Pro Member.

7.6

If the Toshl Pro Member choses to terminate the auto-renewal of the subscription to Member Services, the subscription remains active until the end of the year for which it was paid for. Refunds due to earlier terminations are not possible, except during the trial period.

7.7

Toshl Inc. may provide promotion codes which can give a discount on the price of the subscriptions. The discount is valid for the first year of subscription only, further years will be charged
at the regular price.

8. Proprietary rights
8.1

You acknowledge and agree that Toshl Inc. own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world
those rights may exist).

8.2

Unless you have agreed otherwise in writing with Toshl Inc., nothing in the Terms gives you a right to use any of Toshl Inc.'s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9. Licence from Toshl Inc.

Toshl Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Toshl Inc. as part of the Services as provided to you by Toshl Inc. (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Toshl Inc., in the manner permitted by the Terms.

9.2

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Toshl Inc., in writing.

9.3

Unless Toshl Inc. have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of
your rights to use the Software.

10. Ending your relationship with Toshl Inc.
10.1

The Terms will continue to apply until terminated by either you or Toshl Inc. as set out below.

10.2

If you want to terminate your legal agreement with Toshl Inc., you may do so by deleting your accounts for the Services and deleting and/or ceasing the use of all Software provided by Toshl Inc..

10.3

Toshl Inc. may at any time, terminate its
legal agreement with you if:

  • (A)

    you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

  • (B)

    Toshl Inc. are required to do so by law (for example, where the provision of the Services to you is,
    or becomes, unlawful); or

  • (C)

    the provision of the Services to you by Toshl Inc. is, in Toshl Inc.'s opinion, no longer commercially viable.

11. Exclusion of Warranties
11.1

The Services are provided "as is" and Toshl Inc. give you no warranty with respect to them.

11.2

In particular, Toshl Inc. do not represent or
warrant to you that:

  • (A)

    your use of the Services will meet your requirements,

  • (B)

    your use of the Services will be uninterrupted, timely,
    secure or free from error,

  • (C)

    any information obtained by you as a result of your use of the Services will be accurate or reliable, and

  • (D)

    that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

11.3

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

11.4

Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

12. Modification
12.1

Toshl Inc. reserve the right to change the Terms from time to time in its sole discretion. In the event of such changes, Toshl Inc. will post the changes on the Toshl site and/or notify User via e-mail. Also, Toshl Inc. may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use any of the Toshl Inc. Services after such notice and consent, User agrees to be bound by the changes to Terms.