Terms of Service

Updated as of 2026-06-17

EN· PT-BR

Welcome to Toqi

These Terms of Service (these "Terms") govern your access to and use of the Toqi application (the "App"), and any related services, features, content, and functionality (collectively, the "Service") provided by MIH AI B.V., a private limited company registered in the Netherlands with registration number 90959582 and registered office at Symphony Offices, Gustav Mahlerplein 5 1082 MS, Amsterdam, The Netherlands ("we", "us", "our", or the "Company").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Statement, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Definitions

In these Terms, the following terms shall have the meanings set out below:

  • "Applicable Law" means all applicable laws, statutes, regulations, and legally binding codes of practice in the United Kingdom, the Netherlands, and the European Union, including consumer protection legislation and data protection legislation and AI specific regulation.
  • "Consumer" means a natural person who acts for purposes outside his or her trade, business, craft, or professional activity.
  • "Content" means any text, graphics, images, audio, video, software, data compilations, and any other information or material.
  • "Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
  • "Output" means any content, text, responses, suggestions, recommendations, or other materials generated by the Service's artificial intelligence in response to your prompts, queries, or User Content.
  • "Personal Data" has the meaning given to it in the General Data Protection Regulation (EU) 2016/679 and the UK Data Protection Act 2018.
  • "User Content" means any Content that you submit, upload, post, or transmit through the Service.

Eligibility

Minimum Age. You must be at least 18 years of age to use the Service.

Legal Capacity. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

Prohibited Users. The Service is not available to any users previously suspended or removed from the Service, or to individuals barred from receiving the Service under Applicable Law.

Acknowledgement of AI Services

Nature of Service. You acknowledge that the Services are powered by artificial intelligence. Output is generated by algorithms and does not represent the views of the Company.

No Guarantee of Accuracy. AI-generated content may be inaccurate, incomplete, or biased. The Company provides no warranty regarding the reliability of any Output. This also includes any actions undertaken by the App on behalf of the Consumer.

Verification Requirement. You are responsible for independently verifying the accuracy of all Output. You agree that any reliance on Output is at your own risk.

No Professional Advice. Output is for informational purposes only and does not constitute legal, medical, financial, or other professional advice.

User Account

Registration. You must provide accurate and complete information to create an account. You are responsible for maintaining the confidentiality of your credentials and for all activities—authorized or not—that occur under your account. You must notify us immediately of any unauthorized access.

Account Termination. We may suspend or terminate your account without notice if you breach these Terms, if required by law, if your use poses a risk to the Service or others, or after 12 months of inactivity. You may delete your account at any time via the App settings.

Effect of Termination. Upon termination:

  • All rights and licenses granted to you cease immediately.
  • You must stop using the Service.
  • We may delete your account and Content in accordance with our data retention policies and Applicable Law.
  • Provisions intended to survive termination (including liability disclaimers and ownership) will remain in effect.

Acceptable Use

License and Restrictions. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, and revocable license to use the App on your devices for non-commercial purposes. Under this license, you agree not to:

  • Misuse the Service. Reverse engineer, decompile, or attempt to extract the source code of the App or its underlying AI models.
  • Automate Access. Use robots, spiders, or scrapers to access the Service or harvest data.
  • Interfere with Operations. Introduce viruses, bypass security measures, or overburden our infrastructure.
  • Commercialise. Rent, lease, sell, or sublicense access to the Service.

Content Standards. You are solely responsible for your User Content. You represent and warrant that your prompts and your use of the Output will not:

  • Infringe Rights: Violate any third-party intellectual property, publicity, or privacy rights.
  • Promote Harm. Contain defamatory, obscene, hateful, or illegal material, or promote violence and discrimination.
  • Abuse AI Safety. Attempt to bypass safety filters or "jailbreak" the App including the artificial intelligence components to generate prohibited content.

Monitoring and Enforcement. We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these acceptable use standards. Failure to comply may result in immediate suspension or termination of your User Account.

User Content and Ownership

6.1. Your Ownership

As between you and the Company, you retain all ownership rights in the User Content.

6.2. License to the Company

By submitting User Content, you grant us a worldwide, royalty-free, and sublicensable license to use, host, and reproduce your User Content solely to operate, maintain, and improve the Service and to comply with legal obligations. We will not use your User Content to train AI models.

6.3. Company Intellectual Property

We retain all rights, title, and interest in and to the Service, including its design, code, branding, and original content. No ownership of the Service or its underlying technology is transferred to you under these Terms.

6.4. Feedback

If you provide suggestions or feedback ("Feedback"), you grant us an irrevocable, perpetual, and royalty-free license to use and implement that Feedback for any purpose without any obligation or compensation to you.

We respect the intellectual property of others. If you believe any content in the App infringes your copyright, please notify us at hey@toqi.life. Your notice must include a description of the copyrighted work and the location of the infringing material within the App.

Privacy and Data Protection

Privacy Statement: Our collection, use, and disclosure of your Personal Data is governed by our Privacy Statement, which is also available in the App and is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of your Personal Data in accordance with our Privacy Statement.

Third-Party Services and Content

Third-Party Services: The Service may integrate with or facilitate interactions with third-party websites, applications, or resources, including those owned or operated by our Affiliates ("Third-Party Services").

No Endorsement. We do not endorse or assume any responsibility for any Third-Party Services. We have no control over, and assume no responsibility for, the content, privacy policies, fulfilment, or practices of any Third-Party Services, regardless of their affiliation with us.

Third-Party Terms. Your use of any Third-Party Services is subject to the terms and conditions and privacy policies of those Third-Party Services. Any order, reservation, or transaction facilitated through the App is a direct contractual relationship between you and the Third-Party Service; the Company is not a party to such transactions.

No Liability. We shall not be liable for any loss or damage of any kind arising from your use of or reliance on any Third-Party Services or the accuracy of their content, including any loss or damage caused by viruses or other harmful components originating from Third-Party Services.

Autonomous Actions on Your Behalf. You acknowledge and agree that the App may, based on your instructions, prompts, or configured preferences, autonomously interact with Third-Party Services on your behalf, including but not limited to placing orders, making reservations, sending communications, or managing subscriptions ("Autonomous Actions"). In respect of such Autonomous Actions:

  • Authority. By enabling or instructing the App to perform Autonomous Actions, you grant the App limited authority to act on your behalf in relation to the relevant Third-Party Service. You are solely responsible for the scope of instructions and preferences you provide to the App.
  • User Responsibility. You acknowledge that any Autonomous Action performed by the App on your behalf creates a direct contractual relationship between you and the relevant Third-Party Service. You shall be bound by any transaction, order, or commitment made by the App on your behalf as if you had performed the action yourself.
  • Review and Confirmation. Where the App provides you with the opportunity to review or confirm an Autonomous Action before it is executed, you are responsible for reviewing the details of the proposed action. Failure to review a proposed action within any applicable timeframe shall not relieve you of responsibility for the resulting transaction.
  • Errors in Autonomous Actions. The Company shall not be liable for any loss or damage arising from an Autonomous Action that was performed in accordance with your instructions or configured preferences, including where the outcome differs from your expectations. Where an Autonomous Action results in an error that is attributable to a defect in the App's functionality (and not to your instructions or preferences), clause 10 (Limitation of Liability) shall apply.

Disclaimer of Warranties

"As Is" Basis. To the maximum extent permitted by Applicable Law, the Service and all Output are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included therein.

No Guarantee of Reliability. We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free;
  • The Output or any results obtained from the Service will be accurate, complete, or reliable;
  • Any errors in the Service or Output will be corrected.

Technical Limitations. We are not responsible for any delays, delivery failures, or other damage resulting from problems inherent in the use of the internet, electronic communications, or the AI's underlying models.

Service Modifications. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may add or remove features or functionalities, and we may suspend or stop a Service altogether. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

Beta and New Features. Any "Beta" or pre-release features are provided solely for testing purposes and carry no warranty. We may modify or discontinue these features at any time without notice.

Statutory Rights. Nothing in these Terms affects your statutory rights as a Consumer under Applicable Law.

Limitation of Liability

General. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Applicable Law (including your statutory rights as a Consumer).

Exclusion of liability. Subject to clause 10.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service (including the use, inability to use or the results of use of the Service) for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Limitation of liability. Subject to clauses 10.1 and 10.2, our total liability to you in respect of all losses arising under or in connection with the Services or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed €250 (two hundred fifty Euro). Our total liability to all users of the App in respect of all losses arising under or in connection with the Services or use of it originating from the same event or cause, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed €50,000 (fifty thousand Euro).

Indemnity

Notwithstanding your statutory rights as a Consumer, you agree to indemnify and hold harmless the Company, its Affiliates, and their respective officers and employees from and against any third-party claims, liabilities, or expenses (including reasonable legal fees) arising out of:

  • Misuse of the Service. Your use of the Service in a manner that violates these Terms or Applicable Law;
  • Infringing Content. User Content submitted by you that infringes the intellectual property, privacy, or other rights of a third party; or
  • Fraudulent Acts. Any fraudulent activity or intentional misrepresentation performed by you through the Service.

Your obligation to indemnify the Company does not apply to the extent that a claim or loss is caused by the Company's own gross negligence or wilful misconduct.

Governing Law and Jurisdiction

Governing Law. These Terms and any disputes arising from them shall be governed by and construed in accordance with Dutch law.

Consumer Protections. As a consumer, you benefit from the mandatory provisions of the law of the country in which you reside. Nothing in these Terms affects your rights to rely on such mandatory local laws.

Jurisdiction. You can bring legal proceedings in respect of these Terms in the Dutch courts. If you live in a Member State of the European Union or the United Kingdom, you may also bring legal proceedings in the courts of your home country. We may only bring proceedings against you in your country of residence.

Google Play Specific Terms

You acknowledge that these Terms are between you and the Company, and not with Google. However, your use of the App is also subject to the then-current Google Play Store Terms of Service.

General

Entire Agreement: These Terms, together with our Privacy Statement and any other documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and representations regarding the subject matter hereof.

Amendment: We may update or modify these Terms from time to time. If we make material changes to these Terms, we will notify you by email (if you have provided an email address) or by posting a notice in the App or on our website at least thirty (30) days before the changes take effect (or such longer period as may be required by Applicable Law). Your continued use of the Service after the changes take effect will constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account as described in clause 4.2.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or, if such modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions.

Waiver: No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.

Assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction and without notice to you. Any attempted assignment, transfer, or delegation in violation of this clause shall be null and void.

No Third-Party Rights: These Terms do not confer any rights on any person or party other than you and us.

Notices: We may provide notices to you via email (to the email address associated with your user account), by posting a notice in the App, or by posting a notice on our website. You agree that electronic notices shall satisfy any legal requirement that such communications be in writing. Legal notices to us should be addressed to the Legal Department and sent to the address set out at the beginning of these Terms.

Force Majeure: Neither party shall be liable for any failure to perform or delay in performing its obligations under these Terms if such failure or delay is due to circumstances which are not attributable to each Party, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.