1. Acceptance
These Terms of Service (the "Terms") form a binding contract between Tootela SAS ("Tootela", "we", "us") and you (the "Customer", "you"). By creating an account or accessing the service, you confirm that you have read, understood and accepted these Terms. If you accept on behalf of a company, you confirm you have the authority to bind it.
2. The service
Tootela is a software-as-a-service business operating system : a suite of integrated apps including chat, mail, calendar, documents, drive, projects, CRM, helpdesk, HR, invoicing and AI assistant. The current scope of features is described on tootela.net and may evolve. We may add, modify or remove features, but we won't materially reduce functionality covered by your current plan during a paid term.
3. Your account
To use Tootela, you need to create an account. You agree to provide accurate information, keep your credentials confidential, and notify us promptly at security@tootela.net if you suspect unauthorised access. You are responsible for actions taken through your account.
If you create an account on behalf of an organisation, the organisation is the Customer. Users you invite to your workspace are bound by these Terms through your acceptance.
4. Subscription & billing
Plans and prices
Current plans and prices are listed on the pricing page. Prices are excluding VAT, which is added at checkout if applicable. We can adjust prices for renewal periods with at least 30 days' notice : if you don't accept the new price, you can cancel before the renewal.
Billing cycle
You can pay monthly or annually. Subscriptions auto-renew at the end of each cycle unless cancelled. Annual plans are paid up front; monthly plans are charged on the same day each month.
Payment
Payment is processed by Stripe. By providing payment details, you authorise us to charge the recurring fee until cancelled. If a payment fails, we'll retry and notify you; persistent failure may lead to suspension as described in section 15.
Refunds
Subscription fees are non-refundable, except where required by law. Annual plans cancelled mid-term don't get a pro-rata refund, but you keep access until the end of the paid period. As a B2B service, the consumer right of withdrawal under the French Consumer Code does not apply, except where the customer is a natural person acting outside their professional capacity (in which case the 14-day right of withdrawal applies, and you may waive it to start using the service immediately).
Taxes
Prices are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes due in your jurisdiction, except for taxes based on Tootela's net income.
5. Free trial
If we offer a free trial, you can use the paid features for the trial period without payment. At the end of the trial, we charge the plan you selected unless you've cancelled. Tootela may modify or end the trial offer at its discretion.
6. Your content
You retain all rights to the data, files, messages and other content you upload, create or transmit through Tootela ("Customer Content"). You grant Tootela a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, modify (for technical purposes : compression, format conversion, indexing) and process Customer Content solely as needed to operate the service for you.
This licence ends when the content is deleted or the account is closed, except for backups, which are overwritten within 35 days.
You are responsible for the content you put into Tootela : you confirm you have the rights to it, that it doesn't violate any law, and that it doesn't infringe third-party rights.
We do not use Customer Content to train AI models. We do not sell, rent or share Customer Content with third parties, except subprocessors strictly needed to deliver the service (see our Privacy Policy and DPA).
7. Acceptable use
You agree not to:
- Use the service for unlawful, harmful, fraudulent, infringing or abusive activity
- Send spam, phishing or malware via Tootela
- Reverse-engineer, decompile or attempt to extract the source code, except where allowed by law
- Bypass rate limits, security controls or quotas
- Resell or sublicense access to the service to third parties without our written consent
- Use the service to build a competing product
- Probe, scan or test the vulnerability of any system, except via our coordinated disclosure programme (security@tootela.net)
- Upload content that violates intellectual property, privacy or other rights of third parties
- Use Tootela to process data of children under 16 without parental consent
8. Intellectual property
Tootela and all its components (software, design, content, branding) are owned by Tootela SAS or its licensors. We grant you a non-exclusive, non-transferable, revocable right to use the service during your subscription, strictly within these Terms.
Feedback or suggestions you send us may be used by Tootela without restriction or compensation, provided we don't identify you publicly without your permission.
9. Confidentiality
Each party may receive confidential information from the other (including, for Tootela, Customer Content; for the Customer, non-public information about the service). Each party agrees to protect the other's confidential information with the same care as its own (and at least reasonable care), and to use it only as needed under these Terms. The obligation lasts during the contract and 5 years after.
10. Availability
We aim for 99.9% uptime monthly, measured outside scheduled maintenance windows. We don't offer a contractual SLA on the standard plan. Customers on Enterprise plans can request a written SLA with service credits.
Scheduled maintenance is announced in advance via the in-product banner or email. Emergency maintenance may happen without notice.
11. Warranties
We warrant that we will provide the service with reasonable skill and care, in line with industry standards. To the maximum extent permitted by law, all other warranties (express or implied, including merchantability and fitness for a particular purpose) are disclaimed. The service is provided "as is" and "as available".
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or exemplary damages, loss of profit, loss of revenue, loss of business or loss of data.
Each party's total aggregate liability arising out of or relating to these Terms is limited to the amounts paid by you to Tootela in the 12 months preceding the event giving rise to the claim.
These limits don't apply to: (a) liability for death or personal injury caused by negligence; (b) fraud or wilful misconduct; (c) breaches of confidentiality; (d) breaches of the acceptable use policy; (e) any liability that cannot be excluded under applicable law.
13. Indemnity
You agree to defend, indemnify and hold Tootela harmless from any claim, damage, liability or expense arising from your breach of these Terms, your Customer Content, or your use of the service in violation of law or third-party rights.
We will defend, indemnify and hold you harmless from third-party claims that the service, used as permitted, infringes a French intellectual property right, subject to you notifying us promptly and giving us control of the defence.
14. Term & termination
These Terms apply for as long as you use the service. You can cancel your subscription at any time from Settings → Billing. Cancellation takes effect at the end of the current paid period. After cancellation, you have 30 days to export your Customer Content; after that, it is permanently deleted.
Either party can terminate for material breach if the breach is not cured within 30 days of written notice. Tootela can terminate immediately for breaches of section 7 (Acceptable use) or non-payment beyond 30 days.
15. Suspension
We may suspend access without prior notice if (a) you breach the acceptable use policy and the breach poses a risk to the service or other customers, (b) we are required to do so by law, (c) a payment is overdue by more than 14 days. We will lift the suspension as soon as the cause is resolved.
16. Changes to these Terms
We may update these Terms from time to time. For material changes, we'll notify you by email and in-product at least 30 days before they take effect. If you don't accept the new Terms, you can terminate your subscription before the effective date.
17. Force majeure
Neither party is liable for failure to perform due to events beyond its reasonable control (natural disaster, war, epidemic, governmental action, strike, internet outage, third-party infrastructure failure, cyberattack), provided it takes reasonable steps to mitigate the impact.
18. Governing law & disputes
These Terms are governed by the laws of France. Any dispute will be submitted to the exclusive jurisdiction of the courts of Bordeaux, France, except where mandatory consumer rules require otherwise. Before going to court, the parties agree to attempt good-faith resolution within 30 days of written notice. EU consumers can also use the European Commission's online dispute resolution platform: ec.europa.eu/consumers/odr.
19. Miscellaneous
- Entire agreement: these Terms, the Privacy Policy and any order form make up the full contract.
- Severability: if a clause is held unenforceable, the rest remains in force.
- Assignment: you can't assign these Terms without our consent. We may assign in connection with a merger or acquisition.
- No waiver: failing to enforce a clause once doesn't waive it.
- Notices: by email at contact@tootela.net for us, at the address in your account for you.
- Language: the English version of these Terms prevails in case of conflict with translations.
20. Contact
Tootela SAS, TODO_STREET_ADDRESS, TODO_POSTCODE Bordeaux, France. Email: contact@tootela.net.