Tonk Terms of Service

Version 1.0 — effective 28 August 2026

These Terms of Service (the Terms) are a legal agreement between you and Tonk Labs Limited (Tonk, we, us or our) concerning your access to and use of the Tonk hosted service, including tonk.network, our other websites, hosted spaces, relay, synchronisation, storage, backup, account, developer and related services (together, the Service).

Tonk Labs Limited is a company incorporated in England and Wales under company number 14685404, with its registered office at 64 Nile Street, London, England, N1 7SR.

Please read these Terms carefully. They contain important provisions about content, share links, cryptographic keys, running code, subscriptions, suspension, termination and liability.

If you use the Service as a consumer, nothing in these Terms limits any statutory right that cannot lawfully be limited. A consumer is an individual using the Service wholly or mainly for purposes outside their trade, business, craft or profession. A business user is anyone who is not a consumer.

1. Accepting these Terms

  1. You accept these Terms by ticking the acceptance box when activating an account, purchasing a plan or otherwise when we present these Terms for acceptance. You may not use the Service if you do not accept them.
  2. You confirm that:
    • you are at least 18 years old;
    • the account information you provide is accurate and current; and
    • if you use the Service for an organisation, you have authority to bind that organisation. In that case, you includes that organisation.
  3. Our Privacy Policy explains how we process personal information. It does not form part of these Terms unless applicable law provides otherwise.
  4. Additional written terms may apply to an enterprise service, beta programme, promotion, order form, data processing arrangement or other specific feature. If additional terms conflict with these Terms, the additional terms control for that feature or arrangement. Our Data Processing Addendum controls over these Terms concerning our processing of personal data on a business customer's behalf.

2. What Tonk provides

  1. The Service enables users to create, run, store, synchronise and share software and data in Spaces. It may include hosting, relay, storage, backup, restoration, compute, account, developer and collaboration services used with the Tonk open-source system.
  2. A Space is a shareable container for data, software, claims, files and other material. User Content means anything submitted to, stored in, generated through, transmitted through or made available using the Service by or for a user, including code, text, messages, images, files, datasets, credentials, software output and personal information.
  3. The Service may rely on third-party infrastructure and technical service providers. Those providers may process User Content and other information as described in our Privacy Policy.
  4. We use security measures designed to protect User Content, which may include encryption at rest and cryptographic access controls. Unless we expressly agree otherwise in writing, the Service is not provided as an end-to-end encrypted, zero-knowledge or confidential-storage service. Tonk and its service providers may have the technical ability to access User Content as described in section 7 and our Privacy Policy.
  5. Tonk is an evolving service. We do not promise that every feature will always be available, compatible with every device or integration, or suitable for every use. We may change how the Service is provided while continuing to comply with these Terms and our Privacy Policy.
  6. No service level agreement applies unless we sign a separate agreement expressly identified as an SLA. We do not promise any particular uptime, latency, response time, support time, storage duration, backup frequency or recovery objective.
  7. Features identified as alpha, beta, preview, experimental or early access may be incomplete, unstable, changed substantially or withdrawn without notice. They may be subject to additional limits.

3. Accounts and security

  1. You must maintain control of your email account, devices, authentication methods, cryptographic keys, recovery material and any other credentials used with Tonk.
  2. You are responsible for activity carried out through your account, Spaces, keys and share links, except to the extent the activity results from Tonk's breach of these Terms or failure to exercise reasonable care and skill.
  3. You must promptly notify us at support@tonk.xyz if you suspect unauthorised access, compromised credentials or another security incident involving the Service.
  4. You must not sell, rent or transfer your account. You may authorise people, bots, agents and software processes to interact with a Space, but you remain responsible for selecting them, configuring their authority and supervising their use.
  5. We may require you to re-authenticate, rotate credentials or take other reasonable security measures. We may restrict access while investigating suspected compromise.

4. Cryptographic keys, permissions and recovery

  1. Tonk's architecture uses cryptographic keys and permissioning controlled by users. You are responsible for securely retaining any keys, credentials and recovery material required to access or administer a Space.
  2. Tonk cannot reconstruct lost cryptographic keys or reliably restore lost permissioning. We may retain or technically recover underlying Space data in some circumstances, but that does not mean that we can restore your authority to decrypt, access, administer or share it.
  3. Losing a key, credential or permission may permanently prevent access to User Content. You should maintain secure, separate copies of important keys and recovery material.
  4. We do not promise to resolve competing claims about the ownership or control of a key, account, Space or share link. We may require information reasonably necessary to investigate and may preserve or restrict access while doing so.

5. Share links and public access

  1. A share or invitation link may function as a bearer credential. Anyone who receives or obtains it may be able to access the relevant Space or User Content without a separate identity check.
  2. You control whether and with whom you share a link. Links can be copied, forwarded, published, indexed outside Tonk, captured in logs or retained by recipients. Tonk does not promise that it can invalidate every copy or undo access or synchronisation that has already occurred.
  3. If you publish a share link, the linked Space may become publicly accessible even though Tonk does not currently provide a public directory, search or discovery feature. You must not publish a link unless you have authority to make everything accessible through it available to every person who may obtain it.
  4. You are responsible for reviewing the permissions and content associated with a link before sharing it and for using any available revocation, rotation or expiry controls when access is no longer intended.
  5. Deleting content or disabling a link does not delete copies already downloaded, synchronised, cached, screenshotted or otherwise retained by another person or system.

6. User Content and your rights

  1. As between you and Tonk, you retain ownership of your User Content and any intellectual-property rights you acquire in software or material you create using the Service.
  2. You grant Tonk a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, synchronise, store, back up, restore and otherwise process User Content only as reasonably necessary to provide the Service, follow your instructions, enable sharing you initiate, enforce these Terms and comply with law. Providing the Service does not ordinarily require Tonk personnel to inspect User Content. Tonk may intentionally access and read User Content only as described in section 7.
  3. This licence lasts for as long as necessary for those purposes, including the limited retention described in section 17. It does not give us the right to use identifiable User Content in advertising without separate permission.
  4. You confirm that you have all rights, permissions and lawful bases needed to submit and use User Content and to grant this licence. You must not make another person's confidential, personal or proprietary information available through Tonk without appropriate authority.
  5. Tonk may generate and use statistics and analytics derived from use of the Service if they have been aggregated or de-identified so they do not reasonably identify you or another person. We may use them to operate, secure, analyse, benchmark and improve Tonk.
  6. If you give us feedback or suggestions, you permit us to use them without restriction or payment. This does not transfer ownership of any pre-existing intellectual property included in the feedback.
  7. Users may publish accurate reviews, benchmarks, screenshots and test results. You must not disclose another person's User Content, security information or confidential information, imply our endorsement, or manipulate results in a misleading way.

7. Tonk's access to and moderation of content

  1. Tonk has the technical and administrative capability to access and read Space content, but providing the Service does not ordinarily require Tonk personnel to do so. We do not ordinarily access or read Space content to host, transmit, synchronise, back up, restore, maintain or support the Service, enable sharing, diagnose faults or improve Tonk.
  2. We may intentionally access and read Space content only where we reasonably believe this is necessary to:
    • investigate or resolve a support request where you have specifically authorised us to access the identified content;
    • investigate illegal or prohibited content or activity;
    • investigate a report or a suspected breach of these Terms;
    • identify, preserve, restrict or remove content connected with such an investigation; or
    • comply with applicable law, a court order or other valid legal process. Where you authorise access for support, we will limit it to the people, content, purpose and period reasonably necessary to address that request. You may withdraw the authorisation, but this will not affect access that has already occurred and may prevent us from resolving the issue.
  3. We do not undertake to monitor all User Content and are not responsible for pre-screening it. Following an investigation, we may preserve, restrict, remove or disable access to particular User Content, a Space, a link or an account to enforce these Terms, protect users or comply with law.
  4. We may use manual or automated methods to route reports, apply technical and security controls, identify technical abuse or flag potentially prohibited material for review. Automated methods may make mistakes. Where reasonably practicable, a Tonk staff member reviews a material content or account restriction, although an urgent or objective technical control may be applied automatically. You may use the complaint process in section 16 to challenge a decision and request human review.
  5. We apply and enforce content restrictions diligently, objectively and proportionately, with due regard to the rights and legitimate interests of everyone affected, including relevant rights to privacy, data protection and freedom of expression. We take account of context, severity, recurrence and the effect of a restriction. We may act immediately and without advance notice where content appears illegal, presents a security or safety risk, involves serious or repeated misconduct, or advance notice could frustrate the action.
  6. Removing content from Tonk does not ensure removal from devices, third-party services, public caches or copies controlled by other users.

8. Acceptable use

You must not use, or help another person to use, the Service to:

  1. break any applicable law, regulation, court order, sanctions rule or export-control requirement;
  2. create, upload, store, transmit, share or facilitate:
    • child sexual abuse material, sexual exploitation of children, grooming or any sexual content involving a person under 18;
    • terrorist content, support for terrorism or instructions intended to facilitate terrorism;
    • unlawful threats, incitement, hate, harassment, stalking, doxxing, extortion, blackmail or non-consensual intimate material;
    • fraud, scams, phishing, impersonation, deceptive conduct, credential theft or unlawful evasion;
    • content that infringes intellectual-property, privacy, confidentiality, publicity or other rights;
    • unlawful surveillance or unlawful collection, sale or disclosure of personal information; or
    • any other illegal content or activity;
  3. create, upload, store, transmit, share or facilitate pornographic content or sexually explicit material whose principal purpose is sexual arousal, whether public or private. This does not prohibit bona fide medical, sexual-health, educational or artistic material whose principal purpose is not sexual arousal, but Tonk may restrict borderline content to protect users and meet legal obligations;
  4. distribute malware or ransomware, operate a botnet, mine cryptocurrency, steal credentials, conduct denial-of-service activity, gain unauthorised access, scan or test systems without permission, or otherwise interfere with a system, account or network;
  5. send spam, create accounts abusively, manipulate metrics, scrape the Service in breach of technical controls, bypass rate or usage limits, or consume resources in a deliberately excessive or disruptive way;
  6. reverse engineer or circumvent technical protections applying to the hosted Service, except to the extent the restriction is prohibited by law or the activity is permitted by an applicable open-source licence;
  7. resell or provide access to the Service as a standalone hosted service without our written permission;
  8. process special-category personal data, health records, biometric data used for identification, precise financial-account credentials, children's data, criminal-offence data, government-classified information or other highly sensitive or regulated data unless Tonk has expressly agreed in writing;
  9. use the Service for a safety-critical or high-risk purpose where a fault, delay, security incident or incorrect output could reasonably cause death, personal injury, significant property damage, material financial loss or disruption to critical infrastructure; or
  10. use code, an agent, an integration or an automated process in a way that would breach these Terms if performed directly by you.

You must comply with reasonable technical limits, documentation and security instructions we publish. We may impose rate limits or other controls to protect the Service and its users.

9. Code, agents and third-party services

  1. Tonk can run, relay or interact with code selected or created by users. We do not review, approve or warrant that user code is safe, accurate, lawful, free of vulnerabilities or fit for any purpose.
  2. You are responsible for code, commands, agents and integrations you run; the permissions and credentials you give them; and their actions and outputs. This includes code generated with artificial-intelligence systems or obtained from a third party.
  3. Tonk does not itself provide professional, medical, legal, financial, employment, cybersecurity or safety advice. Do not rely on User Content, code or software output as a substitute for qualified advice or appropriate human review.
  4. The Service may enable access to third-party websites, APIs, software or services. They are governed by their own terms and privacy practices. We do not control or accept responsibility for third-party services, and their availability or behaviour may affect Tonk.
  5. You must not place a third-party credential in a Space unless you understand who and what can access it and are authorised to do so.

10. Open-source software and Tonk intellectual property

  1. Some Tonk software is made available under open-source licences, including the licence identified in the relevant repository or distribution. Those licences, rather than these Terms, govern your use of that software as open-source software.
  2. These Terms govern the hosted Service. Except for rights granted under an applicable open-source licence, Tonk and its licensors retain all rights in the Service, websites, designs, documentation, trademarks, branding and technology.
  3. We grant you a limited, non-exclusive, non-transferable and revocable right to access and use the hosted Service in accordance with these Terms for as long as your account remains active.
  4. You may not use Tonk's names, logos or branding in a way that suggests endorsement, sponsorship or affiliation without permission.

11. Confidential and business data

  1. The self-service Service is not offered under a general contractual duty of confidentiality beyond the obligations expressly stated in these Terms and our Privacy Policy. Do not submit material subject to heightened confidentiality obligations unless those obligations are compatible with the Service or we have signed a separate agreement.
  2. For account information, security data and our own analytics, Tonk generally acts as a data controller. Where a business determines why personal data is placed in User Content and Tonk processes it on that business's instructions, Tonk may act as its processor.
  3. Our Data Processing Addendum applies automatically where Tonk processes personal data on a business user's behalf. It covers ordinary personal data permitted by these Terms. Regulated, special-category or other restricted data still requires Tonk's express written agreement.
  4. Enterprise requirements, regulated workloads, security commitments, confidentiality terms, SLAs and different liability arrangements require a separate written agreement signed by Tonk.

12. Free and paid plans

  1. Tonk may offer a trial, a limited free plan, paid subscriptions, usage-based features and usage-accounting units called Usage Credits or another name displayed by the Service. A Usage Credit is a contractual accounting unit for eligible Service usage, not money, stored value, cryptocurrency or an investment. It cannot be sold, exchanged or redeemed for cash except where law requires.
  2. Plan features, limits, prices, taxes, billing intervals, included or purchased Usage Credits and the rates used to convert metered activity into Usage Credits are those disclosed on the pricing page, in the Service or at checkout. If that information conflicts with these Terms, the information presented for the relevant purchase or plan controls.
  3. We may measure usage by reference to operations authorised or initiated, storage volume and duration, data submitted, compute or processing resources, or other units identified for your plan. Where clearly disclosed by the Service, an authorised or initiated operation may count as usage even if it is not ultimately completed or used.
  4. We use Service records to calculate usage, apply limits and evidence charges. We may correct evident duplication, attribution or calculation errors. We will not charge an operation solely on an unsupported estimate where reliable records do not allow us to attribute it to you.
  5. The account that provisions a Space is its Provider and is responsible for charges and limits attributable to that Space unless the Service expressly allocates them differently. Activity by your code, devices, users, agents and anyone exercising authority you granted may count towards your usage. You should monitor usage and use any controls we make available. We do not promise to prevent every unintended or unauthorised charge caused by your code, agent, credential, permission or share link.
  6. If Tonk offers usage sponsorship, another customer may agree to contribute Usage Credits towards a Space on the conditions shown when the sponsorship is created. Unless the Service states otherwise, sponsored credits are applied before the Provider's own allowance, the Provider remains responsible for usage not covered by sponsorship, and unused sponsored credits are released rather than paid or refunded in cash. Sponsorship does not by itself give a sponsor ownership of, control over or access to the Space or its User Content.
  7. Usage Credits included with a plan may reset at the end of the applicable billing or usage period and do not roll over unless the Service says otherwise. Separately purchased Usage Credits remain available while your account is active unless checkout clearly states an expiry date.
  8. We may require a valid payment method. Payments may be processed by a payment provider identified at checkout. The payment provider's terms and privacy policy also apply to its processing.
  9. Unless checkout states otherwise, a paid subscription renews automatically for successive periods of the same length and we will charge the then-applicable renewal price to your payment method. You authorise those recurring charges until cancellation.
  10. You may cancel through the billing portal or another cancellation method we make available. Cancellation stops the next renewal and access continues until the end of the paid billing period, unless a statutory cooling-off right or other legal right provides otherwise. Deleting an account and cancelling a subscription are separate actions.
  11. We may offer optional automatic top-ups. We will disclose the trigger, amount, price and any applicable limit before you enable them. By enabling automatic top-ups, you authorise the disclosed recurring charges until you disable them. Automatic top-ups will not be enabled by a pre-ticked box.
  12. We may change consumption rates. We will give at least 30 days' notice of a material change affecting previously purchased Usage Credits where reasonably practicable. If such a change materially disadvantages a consumer, the consumer may contact us within 30 days after the change takes effect to request a fair remedy for unused purchased Usage Credits, which may include continued use at the former rate for a reasonable period or a proportionate refund.
  13. Unless law requires otherwise or checkout says otherwise, fees are non-refundable after the applicable service has been supplied or Usage Credits have been consumed. We may give discretionary credits or refunds, but doing so once does not oblige us to do so again.
  14. You are responsible for applicable taxes, except taxes on Tonk's income. VAT or other transaction taxes will be included in or added to the price as disclosed at checkout.
  15. If payment fails or a trial, allowance or credit limit expires or is exhausted, we may retry the charge, warn you, restrict paid features or suspend the paid plan. You remain responsible for valid amounts already due.

13. Consumer cancellation rights

  1. This section applies only to consumers and is subject to the mandatory law applicable at the time of purchase.
  2. If the law gives you a cooling-off right, you may exercise it by using the cancellation method provided at checkout or emailing support@tonk.xyz with enough information to identify the purchase.
  3. If you expressly request that a paid service begin during a cooling-off period and then cancel during that period, we may charge a proportionate amount for the service supplied before cancellation where law permits.
  4. Where a purchase is treated as digital content not supplied on a tangible medium, we will obtain any express consent and acknowledgement required by law before immediate supply affects your cancellation right.
  5. Nothing in these Terms restricts rights or remedies you have where a service or digital content is not supplied with reasonable care and skill, is not as described, is not of satisfactory quality where that standard applies, or is otherwise non-conforming under applicable consumer law.
  6. Subscription information, reminders, cancellation methods and cooling-off rights may change to reflect new mandatory subscription-contract legislation when it takes effect. We may update these Terms and the checkout flow for that purpose.

14. Price and Service changes

  1. We may add, change, limit or discontinue features, plans, technical limits, storage, supported software, regions and free-tier allowances to improve or secure the Service, respond to legal or technical developments, manage demand or costs, or change our business.
  2. We may change subscription prices for future billing periods. We will give at least 30 days' notice before a material price increase applies to a renewing paid subscription, unless a shorter period is required by law or the change results from a tax change outside our control. You may cancel before the increase takes effect.
  3. We will not charge a new price for a billing period already paid. If we permanently discontinue a material paid feature during a prepaid period and do not provide a reasonable substitute, a consumer may have a right to a proportionate refund. Business remedies are subject to any separate written agreement and section 20.
  4. Free features may be changed or withdrawn without compensation, although we will try to give reasonable notice of a change likely to cause material loss of access where practicable.

15. Backups and data loss

  1. Tonk may maintain operational backups, but the Service is not a guaranteed backup or archive. Backups may be incomplete, delayed, corrupted, technically inaccessible or unable to restore particular User Content, permissions or keys.
  2. You are responsible for maintaining independent, current backups of important User Content and securely synchronising or exporting it before cancelling or deleting an account.
  3. Tonk does not promise that deleted, overwritten, corrupted or inaccessible User Content can be recovered, even if a copy remains in our systems.
  4. Nothing in this section excludes liability that cannot lawfully be excluded, including a consumer's mandatory rights where Tonk fails to exercise reasonable care and skill.

16. Reporting, complaints and appeals

  1. Any person or organisation may use our Report illegal content under the EU Digital Services Act reporting page. Abuse, a security issue, infringement or another breach may also be reported to support@tonk.xyz. An illegal-content notice should include:
    • the relevant Space, account, URL or share link;
    • an adequately explained reason why the specific information is alleged to be illegal, including the relevant country or law where reasonably known;
    • any relevant dates, context or supporting information;
    • your name and email address, except where applicable law permits a qualifying child sexual abuse or exploitation report without that information; and
    • a statement confirming your good-faith belief that the information and allegations in the report are accurate and complete.
  2. Do not redistribute illegal or harmful material merely to report it. For material involving immediate danger, contact the appropriate emergency service or law-enforcement authority as well as Tonk.
  3. If you provide electronic contact information, we will acknowledge an illegal-content report without undue delay. We will assess reports in a timely, diligent, non-arbitrary and objective manner, taking account of our legal duties, these Terms, available evidence and affected rights. Action may include requesting information, preserving evidence, restricting visibility, removing content, disabling a link or Space, suspending an account, notifying affected users or reporting to a competent authority.
  4. We will notify a reporter who provided contact information of our decision on an illegal-content report without undue delay, explain available redress and say whether automated means were used to process the notice or make the decision. If we restrict User Content, a link, a Space, payments or an account because we consider information illegal or incompatible with these Terms, we will provide the affected user with a clear and specific statement of reasons no later than when the restriction is imposed. It will describe the restriction and its duration and territorial scope where relevant; the material facts; whether a report or our own review led to the decision; any automated method used; the legal provision or section of these Terms relied on and why it applies; and available redress. This statement is not required where we do not know the affected user's electronic contact details, the information is deceptive high-volume commercial content, or an authority order or other applicable law governs or lawfully restricts the notice. For an authority order, we will give the affected user the information and redress required by law at the required time.
  5. You may complain about:
    • our response to a report of illegal or prohibited content;
    • removal or restriction of your User Content;
    • suspension or termination of your account; or
    • our application of a content or safety policy.
  6. Send the complaint to support@tonk.xyz, identify the decision and explain why you believe it should be changed. A person who was not logged in when making a report may also complain about our decision on that report. We will review a complaint within a reasonable time, use human review for a challenged material restriction where reasonably practicable, reverse an incorrect decision where appropriate and provide an outcome. We may refuse repetitive, abusive, manifestly unfounded or bad-faith complaints.
  7. These procedures do not prevent you from using any statutory complaint, regulatory, out-of-court or court process available to you.
  8. If we remove or restrict your User Content or suspend or ban your account in breach of these Terms, you may bring a claim for breach of contract where applicable law gives you that right.

17. Account deletion and retention

  1. You may delete your account using any deletion feature we provide or by contacting support. You should export or synchronise User Content first.
  2. Account deletion normally disables access and starts deletion from active Service systems. We aim to delete or de-identify recoverable account and Service data within 30 days after deletion, except where:
    • a longer period is required or permitted by law;
    • retention is reasonably necessary for security, fraud prevention, abuse investigations, tax, accounting, disputes or legal claims;
    • data has been aggregated or de-identified;
    • deletion is technically impracticable, in which case it will be isolated from ordinary use until deletion is possible; or
    • copies are controlled by other users or third parties.
  3. We do not promise that data can be restored during the 30-day period. Deletion may be irreversible.
  4. Content synchronised to, shared with or copied by another person does not necessarily disappear when your account is deleted. A Space may also have another authorised controller.
  5. Unless law requires otherwise, unused promotional or plan-included Usage Credits are lost when the account is deleted. Unused purchased Usage Credits are non-transferable and may be lost on deletion, subject to any consumer cooling-off, refund or other mandatory rights.

18. Suspension and termination

  1. You may stop using the Service at any time. Cancellation of a subscription and deletion of an account are governed by sections 12, 13 and 17.
  2. We may remove User Content or suspend, restrict or terminate access immediately if we reasonably believe:
    • you materially or repeatedly breached these Terms;
    • your activity is illegal, fraudulent, abusive or poses a security or safety risk;
    • action is required by law or a competent authority;
    • your use could materially harm Tonk, another user or a third party;
    • payment remains overdue after reasonable attempts to collect it; or
    • continued provision is technically or commercially impracticable.
  3. For a breach that can reasonably be remedied and does not present an urgent risk, we will normally try to give notice and a reasonable opportunity to remedy it. We are not required to do so for serious or repeated misconduct.
  4. We may terminate an inactive free account or discontinue the Service by giving reasonable notice where practicable. If we terminate a consumer's paid Service for reasons other than that consumer's breach, we will provide any refund required by law for the unused prepaid period and unused purchased Usage Credits.
  5. If we terminate for serious breach, illegal activity, fraud or abuse, fees are not refundable and unused Usage Credits may be forfeited to the fullest extent permitted by law.
  6. Sections which by their nature should continue after termination remain in effect, including sections concerning ownership, accrued payments, confidentiality, disclaimers, liability, disputes and interpretation.

19. Disclaimers

  1. If you are a consumer, we provide the Service with reasonable care and skill. Nothing in these Terms disclaims that obligation or another mandatory consumer right.
  2. If you are a business user, the Service is provided as is and as available. To the fullest extent permitted by law, we exclude all implied warranties, conditions and terms, including merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation.
  3. For all users, we do not warrant that:
    • the Service, a backup or any User Content will always be available, secure, accurate, complete or recoverable;
    • code, agents, software or User Content will behave as intended;
    • the Service will prevent every unauthorised access, malicious act or loss;
    • a share link will remain secret or can always be revoked effectively;
    • cryptographic keys or permissioning can be recovered; or
    • the Service is suitable for regulated, confidential, safety-critical or high-risk use.
  4. Information about future features is illustrative and not a binding commitment unless included in a signed agreement.

20. Liability to business users

This section applies only to business users.

  1. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of an obligation which cannot lawfully be limited, or any other liability to the extent it cannot lawfully be excluded or limited.
  2. Subject to paragraph 1, Tonk is not liable for:
    • loss of profit, revenue, business, contracts, opportunity, anticipated savings, goodwill or reputation;
    • business interruption;
    • loss, corruption or inaccessibility of data, keys, credentials, permissions, code or software;
    • the cost of substitute services; or
    • indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if the possibility was known.
  3. Subject to paragraphs 1 and 2, Tonk's total aggregate liability arising out of or relating to the Service and these Terms is limited to:
    • for a business user who paid for the Service, the total fees paid or payable by that user to Tonk for the Service during the 12 months immediately before the event first giving rise to the claim; or
    • for a business user who paid no fees, £100.
  4. The limitations in this section reflect the self-service nature and price of the Service. Different risk allocation, service levels and liability caps require a separately signed enterprise agreement.
  5. You are responsible for taking reasonable steps to avoid and mitigate loss, including maintaining backups, securing keys, reviewing code and limiting the authority of links, users, agents and integrations.

21. Liability to consumers

This section applies only to consumers.

  1. We are responsible for loss you suffer that is a foreseeable result of our breach of these Terms or failure to use reasonable care and skill. Loss is foreseeable if it was obvious that it would happen or both you and Tonk knew it might happen when you accepted these Terms.
  2. We are not responsible for loss caused by:
    • your breach of these Terms or failure to follow reasonable instructions;
    • User Content, code, agents or third-party services selected or controlled by you;
    • a person, bot or process you invite or authorise;
    • publishing, forwarding or failing to protect a share link;
    • losing a key, credential or permission that Tonk cannot recover;
    • use for a prohibited, unsupported, professional, safety-critical or high-risk purpose; or
    • an event outside our reasonable control, except to the extent our breach or failure to use reasonable care and skill also caused the loss.
  3. We supply the consumer Service only for domestic and private use. We are not liable to a consumer for business losses, including loss of profit, business, opportunity or business interruption.
  4. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, damage to a consumer's device or other digital content caused by our failure to use reasonable care and skill where the law makes us responsible, or any other liability that cannot lawfully be limited.

22. Business-user indemnity

If you are a business user, you will indemnify Tonk against third-party claims, damages, penalties and reasonable legal costs arising from your User Content, code, agents, breach of section 8, or infringement of another person's rights, except to the extent caused by Tonk's breach, negligence or wilful misconduct. We will give you reasonable notice of a claim and reasonable cooperation, and we will not agree a settlement imposing an admission or non-monetary obligation on you without your consent, not to be unreasonably withheld.

23. Changes to these Terms

  1. We may update these Terms to reflect changes to the Service, prices, business model, law, regulation, security risks or industry practice, or to make them clearer.
  2. We will give at least 30 days' notice of a material change where reasonably practicable. A change required by law or needed to address an urgent security, abuse or safety risk may take effect sooner.
  3. Notice may be given by email, through the Service or by a prominent website notice. The notice will state when the change takes effect.
  4. For changes that are not materially adverse, continued use after the effective date constitutes acceptance where law permits. If a change materially affects your existing paid subscription, you may cancel before it takes effect. We will request renewed affirmative acceptance where required by law or where the nature of the change makes it appropriate.
  5. Changes do not retroactively alter accrued rights or amounts already due. If you do not agree to an updated version, you must stop using the Service and cancel any renewal before the change takes effect.

24. Resolving disputes and governing law

  1. Please contact support@tonk.xyz first and give us a reasonable opportunity to resolve a dispute informally.
  2. If you are a consumer, these Terms are governed by the law of England and Wales, but you retain the benefit of mandatory protections provided by the law of the country in which you live. You may bring proceedings in the courts available to you under applicable consumer law, including the courts of the part of the United Kingdom where you live.
  3. If you are a business user, these Terms and any non-contractual dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

25. General terms

  1. Notices. We may send notices to the email associated with your account or through the Service. You must keep your email address current. Legal notices to Tonk should be sent to support@tonk.xyz and by post where formal service by email is not legally effective.
  2. Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, reorganisation, financing or sale of all or substantially all of the relevant business, provided a transfer does not reduce a consumer's mandatory rights.
  3. No waiver. A delay in enforcing a right does not waive it.
  4. Severability. If a provision is unlawful or unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions continue in effect.
  5. No partnership. These Terms do not create a partnership, joint venture, employment, agency or franchise relationship.
  6. Third-party rights. A person who is not a party to these Terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 1999, except a permitted successor or assignee.
  7. Entire agreement. For business users, these Terms and applicable additional written terms are the entire agreement concerning the self-service Service and replace prior statements on that subject. Nothing excludes liability for fraud. Consumers retain rights arising from legally binding pre-contract information and representations.
  8. Language. The English version controls to the extent permitted by law if we provide a translation.

26. Contact

EU authority contact point: support@tonk.xyz, using the subject DSA AUTHORITY. English is accepted for these communications.
User contact point: support@tonk.xyz or the illegal-content reporting page. This contact is monitored by people and does not rely solely on automated tools.

Tonk Labs Limited
Company number: 14685404
64 Nile Street
London, England N1 7SR
United Kingdom
support@tonk.xyz