Terms & Conditions
1. Introduction
By downloading, installing, or using the Togething mobile application (the “App”), you enter
into a binding agreement with Togething B.V., registered in Amsterdam, Netherlands (“we,”“us,” “our”). These Terms & Conditions and User Agreement (“Terms”) govern all access toand use of the App.
2. User Responsibility
You are responsible for any actions under your account, including unauthorized use. You must protect your account credentials and notify us immediately if you suspect unauthorized access. By continuing to use the App, you acknowledge that you are at least the age of
majority in your jurisdiction or have the consent of a parent or legal guardian.
3. User Conduct
You agree to use the App lawfully and respectfully. Prohibited actions include, but are not limited to:
• Harming or harassing other users
• Damaging or tampering with the App
• Unauthorized access or modification of any data or systems
• Using automated tools or bots to interact with the App
4. Intellectual Property
All rights in the App, its content, and underlying technology belong to us. No rights or licenses are transferred to you except as explicitly set forth in these Terms. You may not alter, copy, distribute, or create derivative works of the App unless expressly permitted.
5. User Content
You are solely responsible for any content you upload or share in the App, including text, images, and other media. We are not liable for user-generated content or external links. We reserve the right to remove any content that violates these Terms or applicable law.
6. Third-Party Websites and Advertisers
The App may display links to third-party websites or advertisements. We do not endorse, control, or assume responsibility for any third-party content or transactions. Any dealings you have with advertisers or third parties found via the App are solely between you and those entities.
7. Purchases and Refunds
a. General Subscription Terms
Certain features of the App are available through monthly or other recurring subscription plans (“Subscription”). Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. All billing and refund inquiries for Subscriptions
purchased through the Apple App Store or Google Play must be directed to Apple or Google, respectively, in accordance with their terms. We do not provide partial or prorated refunds for unused time or unused allowances unless required by law.
b. Human Coaching Subscription Allowance
Some Subscription plans provide an allowance that users can allocate to human coaching tiers offered by independent coaches (“Coach Tiers”). Any portion of the allowance not used for human coaching is not refundable and remains part of the overall Subscription benefits,
which can include AI coaching and premium features. If you unsubscribe or downgrade, your access to certain Coach Tiers ends at the close of the current billing period.
c. Coach Tiers
Coaches may define their own tiers and services. Once you subscribe to a Coach Tier, that specific tier remains valid until the end of your current billing period. If your Subscription plan renews, your enrolled Coach Tier will continue. Coach Tier descriptions and offerings
may change at any time at the sole discretion of the coach. Togething is not responsible for changes or discontinuation of any Coach Tier. Prices for Coach Tiers under an existing subscription will not increase during the current billing period.
d. AI Coaching
The App may provide AI-driven coaching (“AI Coaches”). You acknowledge that AI outputs are generated automatically, may be unpredictable, and can sometimes produce incorrect or inappropriate content. You agree that all AI-generated suggestions are used at your own risk and that Togething B.V. disclaims any liability arising from AI-generated content.
e. In-App Coins and Awards
The App may include in-app virtual coins (“Coins”) that can be used for various functions, such as purchasing awards for other users’ posts. Purchases of Coins are final and nonrefundable. Coins have no real-world monetary value, are not redeemable for cash, and cannot be transferred to other users except where explicitly enabled in the App.
f. Strict No-Refund Policy
All fees and charges, including Subscriptions and Coins, are final. We do not provide refunds or credits for any partial usage, unused allowances, or discontinued services unless otherwise required by applicable law or unless granted at our sole discretion.
8. No Liability for Coaching Services
All human coaches are independent service providers. Togething B.V. does not control or guarantee the quality, accuracy, or suitability of any advice, suggestions, or services offered by a coach. We are not responsible for any damages or losses arising from actions taken by users based on coach advice. By using any coaching services (human or AI), you acknowledge that you do so at your own risk.
9. Changes to the Terms
We may revise these Terms at any time. Changes are effective upon posting in the App or on our official website. Continued use of the App after updated Terms are posted constitutes acceptance of those changes. We recommend reviewing the Terms periodically.
10. Termination
We may terminate or suspend your account or access to the App at our sole discretion and without prior notice if we believe you have violated these Terms or applicable law. Upon termination, all licenses and rights granted to you in these Terms immediately cease.
11. Platform-Specific Requirements
a. Apple App Store
If you downloaded the App from the Apple App Store, you acknowledge that Apple is not a party to these Terms and has no obligation to provide any support or maintenance for the App. You must comply with Apple’s applicable terms and conditions, including the Apple Media Services Terms and Conditions. Any subscription cancellations or changes must be done via your Apple ID Settings.
b. Google Play Store
If you downloaded the App from Google Play, you acknowledge that Google is not a party to these Terms and has no obligation to provide support or maintenance for the App. You must comply with Google Play’s applicable policies. Any subscription cancellations or changes
must be done via your Google Play account settings.
12. Limitation of Liability
To the maximum extent permitted by law, Togething B.V. is not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the App or any services therein (including human or AI coaching). This includes, without limitation,
damages for lost profits, personal injury, emotional distress, or loss of data.
13. Disclaimer of Warranties
Use of the App is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
14. User Indemnification
You agree to defend, indemnify, and hold harmless Togething B.V. and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or related to your breach of these Terms or misuse of the App.
15. Governing Law and Disputes
These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles. Any disputes arising from or related to these Terms or use of the App will be subject to the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands.
16. Camera and Media Access
Certain features of the App may require access to your device’s camera and media library. Such access is subject to your consent and our Privacy Policy. Refusal to grant access may limit the functionality of certain App features.
17. Severabilit
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Terms constitute the entire agreement between you and Togething B.V. regarding the App and supersede any prior or contemporaneous understandings. No waiver of any breach or default will constitute a waiver of any subsequent breach or default.
19.Contact Information
If you have any questions about these Terms, please contact us at contact@togething.com.
By using the App, you acknowledge that you have read, understood, and agree to be bound
by these Terms & Conditions.
