Terms of Service

1. Introduction

These Terms of Service (the “Terms”) are a legal agreement between you (“Customer”, “you”) and MailToucan (“MailToucan”, “we”, “us”) governing your use of the MailToucan platform, including WiFi marketing, email marketing, loyalty, CRM, data campaigns and the Tou-can AI assistant, and our websites (together, the “Services”).

By creating an account, paying for a plan or using the Services you agree to these Terms. If you are agreeing on behalf of a business, you confirm you have authority to bind that business. If you do not agree, do not use the Services.

These Terms include and incorporate our Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, Data Processing Agreement, Refund Policy and Support Policy.

2. Accounts and eligibility

• Payment required. MailToucan has no free plan. An account is activated only after successful payment.
• Age and capacity. You must be at least 18 and able to form a binding contract.
• Business use. The Services are for businesses, organisations and professionals, not for personal or household use.
• Accurate information. You must give accurate, current information and keep it updated. Accounts opened with false information may be terminated without refund.
• One account per business unless an Enterprise agreement says otherwise.
• Security. You are responsible for activity under your account and for keeping your credentials confidential. Tell us immediately at hello@mailtoucan.com if you suspect unauthorised access.

3. The Services and plans

We provide the Services under the plan you choose (Seedling, Flocking, Full Flock or Enterprise). Each plan includes the locations, contacts and email sends shown on our Pricing page at the time of purchase. Usage above plan limits may incur overage charges as shown on that page.

We may improve, change or discontinue features. If we remove a material feature from a paid plan we will give reasonable notice.

4. Fees and payment

• Fees are billed in advance on a recurring monthly basis in US dollars unless stated otherwise, and renew automatically until you cancel.
• Payments are processed by our payment provider, Lemon Squeezy, which acts as merchant of record. Taxes (such as VAT, GST or sales tax) are calculated and collected at checkout where required.
• You authorise us and our payment provider to charge your chosen payment method for all fees, taxes and overage charges.
• We may change prices on at least 30 days’ notice. Changes apply from your next billing period.
• If a payment fails we may retry it, suspend the Services, or terminate the account.

5. Refunds and cancellation

All fees are non-refundable once an account is activated, as set out in our Refund Policy. You may cancel at any time from your dashboard; the account stays active until the end of the paid period and you will not be charged again. Nothing in these Terms limits any consumer or other rights that cannot be excluded by law in your country.

6. Acceptable use and email compliance

You must follow our Acceptable Use Policy and Anti-Spam Policy. In short: send only to people who have opted in, always include a working unsubscribe link, identify your business, and never use the Services for prohibited content or industries. We may suspend or terminate accounts that breach these rules, including without notice where necessary to protect the Services, other customers or email deliverability.

7. Customer Data and roles

• Your data stays yours. You own all content and data you or your guests submit through the Services (“Customer Data”). We never sell Customer Data.
• Roles. For personal data of your guests and contacts, you are the controller (or business) and MailToucan is your processor (or service provider). The Data Processing Agreement applies automatically.
• Your responsibilities. You must have a lawful basis and any required consents to collect and market to your contacts, display a privacy notice on your WiFi portal, and honour opt-outs and data-subject requests.
• Licence to us. You grant us a limited licence to host, process and transmit Customer Data solely to provide and secure the Services.
• Export and deletion. You can export your data at any time. After termination we keep Customer Data for 30 days, then delete it, except where law requires us to keep it.

8. AI features (Tou-can)

Tou-can uses third-party AI models, currently Google Gemini, to draft content, suggest segments and surface insights. Outputs may be inaccurate or incomplete. You are responsible for reviewing AI-generated content, including its legal compliance, before sending or relying on it. We do not use your Customer Data to train third-party models.

9. Intellectual property

MailToucan, Tou-can and all related software, designs and trademarks are owned by us and our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You may not copy, reverse engineer, resell or build a competing service from the Services, except as permitted by law. Our Copyright and Trademark Policy explains how to report infringement.

10. API use

If your plan includes API access, you must also follow our API Use Policy.

11. Third-party services

The Services may integrate with third-party products or networks (for example your WiFi hardware or email providers). We are not responsible for third-party services, and your use of them is governed by their terms.

12. Availability and support

We aim to keep the Services available and secure but do not guarantee uninterrupted operation. Support is provided under our Support Policy. Planned maintenance and events outside our reasonable control may affect availability.

13. Confidentiality

Each party will protect the other’s non-public information with reasonable care, use it only for the purposes of these Terms, and not disclose it except to personnel and advisers who need to know it or as required by law.

14. Suspension and termination

• You may terminate by cancelling your subscription.
• We may suspend or terminate immediately if you breach these Terms or our policies, fail to pay, create risk or legal exposure for us or others, or provide false information.
• On termination your right to use the Services ends. Sections that by their nature should survive (including payment obligations, intellectual property, liability and governing law) will survive.

15. Disclaimers

The Services are provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any particular open rate, capture rate or revenue outcome; statistics on our website are averages and your results will vary.

16. Limitation of liability

To the maximum extent permitted by law, MailToucan will not be liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or goodwill. Our total liability for all claims relating to the Services is limited to the fees you paid in the 12 months before the event giving rise to the claim. Nothing excludes liability that cannot be excluded by law, such as for fraud or death or personal injury caused by negligence.

17. Indemnity

You will defend and indemnify MailToucan against third-party claims, losses and costs arising from your Customer Data, your marketing content, your breach of these Terms or applicable law, or your failure to obtain required consents.

18. Sanctions, export controls and geographic restrictions

You may not use the Services if you are located in, or are owned or controlled by a person in, a country or territory subject to comprehensive sanctions, or are on a restricted-party list. We may restrict access from certain regions based on legal, fraud, security or deliverability risk. Using a VPN or proxy to bypass such restrictions breaches these Terms and may result in termination without refund.

19. Changes to these Terms

We may update these Terms. For material changes we will notify you by email or in the dashboard at least 14 days before they take effect. Continued use after the effective date means you accept the updated Terms.

20. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which MailToucan is established, without regard to conflict-of-law rules. The courts of that jurisdiction have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court. Before starting a claim, please contact hello@mailtoucan.com so we can try to resolve it informally. Mandatory consumer or local-law rights that apply to you are not affected.

21. General

These Terms are the entire agreement between us regarding the Services. If a provision is unenforceable the rest remains in effect. Failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Neither party is liable for delay caused by events beyond its reasonable control. Notices to us go to hello@mailtoucan.com; notices to you may be sent to your account email.

22. Contact

Questions about these Terms: hello@mailtoucan.com