Terms of Service
These Terms of Service ("Terms") govern access to and use of Tonecast, a service provided by Tonecast ("we", "us", "our"). They form a binding agreement between Tonecast and the business that creates an account or subscribes ("Customer", "you"). Please read them carefully, in particular Sections 11 (AI outputs), 19 (warranties), 20 (liability) and 28 (specific approval).
1. Acceptance
1.1 You accept these Terms when you tick the acceptance box at sign-up, purchase a Subscription, or first use the Service on behalf of an Organization, whichever happens first.
1.2 The individual who accepts these Terms confirms that they have the authority to bind the Customer. If you do not have that authority, or do not agree with these Terms, do not use the Service.
1.3 These Terms incorporate the Acceptable Use Policy and, where Section 10.4 applies, the Data Processing Addendum ("DPA"). The Privacy Policy and the Cookie Policy explain how we handle personal data as a controller; they are provided for information.
1.4 If there is a conflict, the following order applies: (a) a separate agreement or order form signed by both parties; (b) the DPA, for the processing of personal data; (c) these Terms; (d) the Acceptable Use Policy.
2. Definitions
- AI Providers
- The providers of the AI assistants the Service queries (currently OpenAI, Anthropic, Google and Perplexity) and the search-data providers through which the Service obtains AI-generated search results such as Google AI Overviews.
- Account Data
- Information about the Customer and its Users that we need to manage accounts, authentication, billing and communications.
- Aggregated Data
- Statistics derived from the operation of the Service (for example costs per engine, error rates, volumes) that do not identify the Customer, any User or any other individual.
- Campaign Data
- Data the Service generates or collects for the Customer's campaigns on the Customer's instructions: the AI answers sampled with the Customer's prompts, their citations, and the scores, claims, analyses and source graphs produced for those campaigns.
- Customer Data
- Customer Inputs and Campaign Data. Customer Data does not include Account Data, Usage Data, Aggregated Data or Public Web Content as held in Tonecast's own source index.
- Customer Inputs
- Information the Customer or its Users submit to the Service, such as subject profiles (names, aliases, variants and exclusions), prompts, fact sheets, declared owned properties, corrections, comments and files.
- Documentation
- The descriptions of the Service published by Tonecast, including the pricing page and the methodology card of each campaign.
- Fees
- The amounts payable for a Subscription and any add-ons.
- Organization
- The company account through which the Customer holds its Workspaces, Users and Subscription.
- Outputs
- The results the Service makes available to the Customer, such as dashboards, scores, source graphs, lists, reports and exports.
- Plan
- The subscription tier the Customer selects (currently Essential, Starter, Pro or Agency), with the limits and features described on the pricing page.
- Public Web Content
- Publicly available content that Tonecast collects from open sources to build source graphs, as described in Section 12.3.
- Service
- The Tonecast web application, its interfaces, the Documentation and related support, as updated from time to time.
- Subscription / Subscription Period
- The Customer's paid right to use a Plan, and each monthly or yearly period for which Fees are paid in advance.
- Usage Data
- Technical and usage information generated by the operation of the Service, such as logs, engine costs and error records.
- User
- An individual whom the Customer authorises to access the Service under its Organization.
- Workspace
- A space within an Organization that holds campaigns and their members.
3. The Service
3.1 Tonecast samples answers from third-party AI assistants through their official APIs, using prompts the Customer configures; it stores those answers in full and analyses them (for example mentions, tone, claims compared with the Customer's fact sheet, and citations). It also builds a source graph of the public web pages that shape those answers. Tonecast finds and collects these sources automatically: the Customer does not select sources, and Tonecast does not collect content from closed platforms.
3.2 A public demo is available without an account. It runs on fictitious brands and data, is provided for evaluation only and "as is", and may change or be withdrawn at any time. There is no free trial.
3.3 We continuously develop the Service. We may add, change or remove features, add, remove or replace AI engines and data sources, and update the models that produce scores (every score records the model version that produced it). We will not materially reduce the core functionality of your Plan during a paid Subscription Period. If we have to do so for reasons outside our control, for example because an AI Provider withdraws access, we will tell you in advance where possible; if the change materially reduces the Service, you may cancel and receive a refund of the prepaid Fees for the remainder of the current Subscription Period.
3.4 Features marked as beta or preview are provided "as is", may change or be discontinued at any time, and are excluded from any commitments in these Terms.
4. Business use only
4.1 The Service is offered exclusively to businesses, professionals and organizations acting for purposes relating to their trade, business, craft or profession. Consumers, meaning natural persons acting for purposes outside those activities, may not subscribe or create an Organization. By accepting these Terms you confirm that you are acting in a business or professional capacity.
4.2 Users must be at least 18 years old.
4.3 If, despite Section 4.1, mandatory consumer-protection law applies to you, nothing in these Terms excludes or limits any right you have under that law that cannot be excluded or limited by contract.
5. Accounts, Organizations and Users
5.1 Creating an account requires a valid work e-mail address, which must be verified before the account is activated. You must provide accurate and complete information, including billing details, and keep it up to date.
5.2 The Organization belongs to the Customer. At Organization level, owners manage members, Workspaces and the Subscription, billing members manage billing details and invoices, and members have access as granted to them. At Workspace level, roles are owner, admin, editor and viewer, with the permissions described in the Service. The Customer is responsible for assigning roles and for the acts and omissions of its Users as if they were its own.
5.3 Credentials are personal and must be kept confidential. The Customer must make sure its Users comply with these Terms and must tell us promptly at support@tonecast.io of any unauthorised use of an account or any suspected security incident.
5.4 Users are invited by e-mail. The Customer is responsible for having the right to provide the e-mail addresses of the people it invites. Content created by a User who is removed remains Customer Data.
5.5 Tonecast personnel access Customer Data only to the extent needed to operate, maintain, secure and support the Service, including answering your support requests, or where required by law. They are bound by confidentiality obligations.
6. Plans, limits and add-ons
6.1 Each Plan has the limits and features described on the pricing page and in the Service, which may include the number of active campaigns, tracked prompts, AI engines, answer samples, source pages per campaign, months of history and Workspaces.
6.2 You can add capacity by upgrading your Plan or buying add-ons such as prompt packs.
6.3 Reaching a limit never deletes Customer Data. Activity that would exceed a limit, such as creating or activating a campaign, adding prompts or growing a source graph, is blocked or waits until capacity is available, you upgrade or you buy an add-on. Existing data remains accessible.
6.4 To protect the Service against excessive third-party costs, each Organization has a spending budget for AI engine usage consistent with its Plan, and we apply rate limits. When a budget or an AI Provider's quota is reached, sampling may pause until the next cycle. This is not a breach of these Terms.
6.5 The Agency plan lets the Customer manage one Workspace per client under one Organization and use the Service for its clients, as described in Section 13.5.
7. Fees, payment and taxes
7.1 Current list prices are shown on the pricing page and at checkout. At the "Last updated" date they are:
| Plan | Monthly billing | Yearly billing (20% discount) |
|---|---|---|
| Essential | €29 per month | €278 per year |
| Starter | €79 per month | €758 per year |
| Pro | €249 per month | €2,390 per year |
| Agency | €549 per month | €5,270 per year |
| Prompt pack (add-on) | €25 per month for 25 additional tracked prompts, on any Plan | |
7.2 Prices are in euro and exclude VAT and other taxes. Applicable taxes are calculated on the basis of your billing details and added to the invoice. Where the reverse-charge mechanism applies (for example to a business with a valid VAT number in another EU Member State), no VAT is charged and you account for it. You are responsible for the accuracy of your tax details.
7.3 Fees are billed in advance for each Subscription Period, monthly or yearly, through our payment provider Stripe. You authorise us, through Stripe, to charge the payment method on file at the start of each Subscription Period and for upgrades and add-ons. Invoices are available in the billing area of the Service.
7.4 If a payment fails, Stripe retries it over a period of time. During that period the Subscription is past due and the Service continues. If payment has still not been received at the end of the retry period, your campaigns are paused: no new answers are sampled and no new sources are collected, but Customer Data remains readable and exportable. Campaigns can be resumed once the overdue amount is paid; data is not collected for the period in which they were paused. If the amount remains unpaid 60 days after the original due date, we may terminate the Subscription under Section 17.3.
7.5 We may charge interest on overdue amounts at the rate set by applicable law for late payments in commercial transactions.
7.6 We may change prices by giving at least 30 days' notice. A new price applies from the start of your first Subscription Period beginning after the notice period. If you do not accept it, you may cancel before it applies.
7.7 If you dispute an invoice in good faith, tell us within 30 days of its date. We will work with you to resolve it, and undisputed amounts remain payable.
8. Renewal, cancellation, plan changes and refunds
8.1 Subscriptions renew automatically for successive Subscription Periods of the same length unless cancelled before the end of the current one.
8.2 You can cancel at any time from the billing area of the Service or by writing to us. Cancellation takes effect at the end of the current paid Subscription Period; you keep access until then, after which Section 18 applies.
8.3 Upgrades take effect immediately. Stripe charges the prorated difference for the remainder of the current Subscription Period.
8.4 For downgrades and changes of billing interval, Stripe calculates the proration. Any credit resulting from a downgrade is applied to future invoices and is not paid out, except where the law requires otherwise. After a downgrade, data that exceeds the limits of the new Plan is not deleted; Section 6.3 applies.
8.5 Fees are non-refundable. There are no refunds or credits for partial Subscription Periods, unused capacity or cancellation during a Subscription Period, except where required by law or expressly stated in these Terms (Sections 3.3, 17.4, 21.1 and 24).
9. Acceptable use
9.1 You must use the Service in accordance with the law and the Acceptable Use Policy. In particular, you must not:
- monitor or profile private individuals; campaigns about a person are allowed only for public figures in their public role;
- use the Service or its Outputs to harass, threaten or discriminate against anyone;
- use Outputs to generate spam or to manipulate AI systems or search engines deceptively, for example through fake reviews, content farms or coordinated inauthentic content;
- submit prompts or content that breach the usage policies of the AI Providers;
- circumvent Plan limits, spending budgets, rate limits or security measures;
- resell or sublicense the Service, except as allowed for the Agency plan;
- use the Service to build a competing product or dataset.
9.2 We may update the Acceptable Use Policy; material changes are notified as set out in Section 22.
10. Customer Data
10.1 As between the parties, the Customer retains all rights it holds in Customer Data. We do not claim ownership of it.
10.2 The Customer grants Tonecast a non-exclusive, worldwide, royalty-free licence, for the duration of these Terms and of the retention periods in Section 18, to host, copy, transmit, process, analyse and display Customer Data solely to provide, secure and support the Service for the Customer, to comply with the law, and as otherwise permitted by these Terms. This includes sending prompts and the relevant Customer Inputs (such as subject names and fact-sheet content) to AI Providers and search-data providers.
10.3 The Customer is responsible for the accuracy and lawfulness of Customer Inputs and for having the rights and legal bases needed to submit them. The Customer must declare as owned properties only websites and accounts it owns or is authorised to represent, and must not include in Customer Inputs special categories of personal data, third parties' confidential information, or more personal data than the campaign requires.
10.4 Where Customer Data includes personal data subject to the EU General Data Protection Regulation, the UK GDPR or the Swiss Federal Act on Data Protection, Tonecast processes it as a processor on the Customer's behalf, and the DPA is incorporated into these Terms upon their acceptance. For Account Data, Usage Data and Public Web Content held in its source index, Tonecast acts as an independent controller as described in the Privacy Policy.
10.5 We do not use Customer Data, including prompts, fact sheets, sampled answers and corrections, to train or evaluate machine-learning models, except to produce the Customer's own results, unless the Customer opts in in writing or through a setting in the Service. Corrections the Customer makes to labels or scores are stored next to the original scores, which are never overwritten, and are used to improve the results of the Customer's own campaigns.
10.6 We may generate and use Aggregated Data to operate, secure and improve the Service. Aggregated Data does not identify the Customer, its Users or any other individual, and does not contain Customer Inputs in identifiable form.
10.7 We keep backups as described in the DPA, but the Service is not an archive: the Customer should export and keep copies of any data it needs to retain.
11. AI outputs and results
11.1 Outputs are statistical estimates of the behaviour of third-party AI systems, based on a limited sample of prompts, engines, languages and points in time. AI assistants can give different answers to the same prompt, change over time, and may answer individual users differently (for example because of personalisation, location, product version or conversation history). Outputs describe what the sampled answers showed, not what every user sees.
11.2 Scores and classifications, such as mention detection, tone, claim checks, influence weights and early signals, are produced by automated models whose accuracy is measured but not perfect. The methodology card of each campaign explains how they are produced and how accurate they are. Early signals are statistical indications, not forecasts.
11.3 Tonecast does not control, endorse or take responsibility for what AI assistants say, for the content of public web pages, or for whether and when AI Providers change their systems. We do not guarantee that any action you take, including the items of a gap and action list, will change what AI assistants say.
11.4 We do not warrant that Outputs are complete, accurate, current or free of errors, or that a source graph includes every page that influences an answer.
11.5 Outputs are information to support your own judgment; they are not legal, financial or other professional advice. You are solely responsible for the decisions you take and the actions you carry out on the basis of Outputs, including publishing content, contacting third parties or making statements about competitors, and for verifying Outputs before relying on them for decisions with significant consequences.
11.6 AI answers and Public Web Content may contain inaccurate, offensive or unlawful statements made by third parties. The Service displays them as found, for analysis.
12. Third-party services and content
12.1 The Service sends prompts and related Customer Inputs to AI Providers through their official APIs and receives their answers. AI Providers process that data under the terms they apply to API customers, as listed on the sub-processors page. You must comply with the usage policies of the AI Providers that apply to the content of your prompts, including the OpenAI Usage Policies, the Anthropic Usage Policy, the Google Generative AI Prohibited Use Policy and Perplexity's acceptable use terms.
12.2 AI Providers and data providers may change, restrict, reprice or discontinue their services. We will use reasonable efforts to maintain equivalent functionality, but we are not responsible for their unavailability, and such changes are not a breach of these Terms (Section 3.3 continues to apply).
12.3 Public Web Content is collected only from open sources: web pages cited in AI answers, search results obtained through providers such as the Brave Search API and DataForSEO, the Reddit API, the YouTube Data API, Wikipedia and Wikidata, and RSS and news feeds. Our crawler identifies itself and honours robots.txt. Rights in Public Web Content belong to its owners; the Service shows excerpts and links for your internal analysis, and you must not republish Public Web Content beyond what the law allows.
12.4 The Service uses YouTube API Services. By using features that display YouTube data you agree to be bound by the YouTube Terms of Service. Google's handling of data is described in the Google Privacy Policy.
12.5 Payments are processed by Stripe. Your use of pages hosted by Stripe, such as checkout and the customer portal, is subject to Stripe's terms and privacy policy. We do not receive or store full payment card numbers.
13. Intellectual property
13.1 Tonecast and its licensors own all rights in the Service, including its software, models, methodology, weighting methods, prompt suggestions, Documentation, designs, trademarks and Aggregated Data. Subject to these Terms and to payment of the Fees, we grant the Customer a non-exclusive, non-transferable, non-sublicensable right, during the Subscription Period, for its Users to access and use the Service for the Customer's business purposes. No other rights are granted.
13.2 The Customer's rights in Customer Data are set out in Section 10.
13.3 The Customer may use, copy, modify, publish and distribute Outputs freely, for any lawful purpose, including in reports to its clients and after these Terms end. To the extent we hold any rights in Outputs, we grant the Customer a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to them. Parts of Outputs that reproduce AI answers or Public Web Content remain subject to the rights of third parties and to the AI Providers' terms, and their use must comply with applicable law.
13.4 If you send us suggestions or feedback, we may use them without restriction or obligation. Feedback does not include Customer Data.
13.5 A Customer on the Agency plan may make Outputs available to its clients, including under its own brand where the Plan includes white-label features. The Customer remains responsible for its clients' use of the Service and of Outputs, and may give clients access to the Service only as Users of its Organization under these Terms.
14. Confidentiality
14.1 "Confidential Information" means non-public information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential. Customer Data is the Customer's Confidential Information; non-public information about the Service, its security and any individually agreed pricing is Tonecast's.
14.2 Confidential Information does not include information that is or becomes public without breach of these Terms, was lawfully known to the recipient before disclosure, is independently developed, or is lawfully received from a third party without a duty of confidentiality.
14.3 The recipient will use Confidential Information only to perform these Terms or exercise its rights under them, protect it with at least reasonable care, and disclose it only to its employees, contractors, advisers and sub-processors who need to know it and are bound by obligations at least as protective as these.
14.4 The recipient may disclose Confidential Information where required by law or by a competent authority, after giving the discloser prompt notice where legally permitted, and limiting the disclosure to what is required.
14.5 These obligations last for the duration of these Terms and five years after they end; for trade secrets, for as long as they remain protected by law; for Customer Data, for as long as we hold it.
15. Availability and support
15.1 We use reasonable efforts to keep the Service available and to provide it with reasonable skill and care. Self-serve Plans have no formal service level agreement, uptime commitment or service credits.
15.2 We give reasonable advance notice, in the Service or by e-mail, of scheduled maintenance that is expected to affect availability significantly, and we schedule it to limit disruption. Urgent maintenance may be carried out without notice.
15.3 Campaigns are sampled on a recurring cadence. A cycle may be delayed, retried or skipped because of AI Provider errors or quotas, spending budgets or maintenance; this is not a breach of these Terms.
15.4 Support is provided by e-mail at support@tonecast.io on Italian business days, on a reasonable-efforts basis.
15.5 Customers on the Agency plan may agree service levels with us in a separate signed agreement.
16. Suspension
16.1 We may suspend access to all or part of the Service (for example a campaign or a User) if reasonably necessary: (a) to prevent or address a security threat or harm to the Service, other customers or third parties; (b) because the Customer or a User materially breaches the Acceptable Use Policy; (c) in case of non-payment, as described in Section 7.4; or (d) to comply with the law, an order of a competent authority or a binding requirement of an AI Provider.
16.2 Where practicable we give notice in advance, limit the suspension to what is necessary, and restore access promptly once the reason has been resolved. Suspension does not delete Customer Data.
17. Term and termination
17.1 These Terms apply from acceptance for as long as the Customer has an Organization, and each Subscription lasts for its Subscription Periods until cancelled or terminated.
17.2 The Customer may cancel its Subscription as described in Section 8.2 and may ask us to close its Organization at any time.
17.3 Either party may terminate these Terms or a Subscription by written notice if the other party: (a) materially breaches them and does not remedy the breach within 30 days of written notice; or (b) becomes insolvent or subject to insolvency proceedings, to the extent permitted by law. We may also terminate immediately in case of serious or repeated breaches of the Acceptable Use Policy or unlawful use, and with at least 60 days' notice if we discontinue the Service.
17.4 If the Customer terminates for our uncured material breach, or we terminate because we discontinue the Service, we refund the prepaid Fees for the part of the Subscription Period after termination. If we terminate for the Customer's breach, Fees accrued up to termination remain due and no refund is made.
17.5 On termination, the rights granted to the Customer end and Section 18 applies. Sections 10.6, 11, 13, 14, 18, 19, 20, 21, 25 and 27, and any rights and obligations accrued before termination, survive.
18. Data export and deletion
18.1 While a Subscription is active, the Customer can export Customer Data at any time using the export features of the Service.
18.2 For 30 days after a Subscription ends or these Terms terminate (the "Export Period"), we keep Customer Data so the Customer can export it through the Service or by asking us.
18.3 After the Export Period we delete Customer Data from our active systems. Copies in backups are overwritten in the normal backup rotation within a further 30 days, so Customer Data is deleted no later than 60 days after the end of the Subscription, unless the law requires us to keep it.
18.4 Account Data is deleted on the same timeline when an Organization is closed, except records we must keep by law (such as invoices) or need to establish, exercise or defend legal claims, as described in the Privacy Policy. Aggregated Data is not affected.
19. Warranties and disclaimers
19.1 Each party warrants that it has the power and authority to enter into these Terms.
19.2 Tonecast warrants that it will provide the Service with reasonable skill and care, substantially as described in the Documentation.
19.3 The Customer warrants that it acts in a business or professional capacity, that it has the rights needed to submit Customer Inputs, and that its use of the Service complies with the law.
19.4 Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service, the demo, Outputs and Public Web Content are provided "as is" and "as available", and Tonecast disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty that the Service will be uninterrupted or error-free or that Outputs will be accurate or complete.
20. Limitation of liability
20.1 Nothing in these Terms limits or excludes liability for: (a) wilful misconduct or gross negligence; (b) death or personal injury caused by negligence; (c) the Customer's obligation to pay the Fees; or (d) any other liability that cannot be limited or excluded under applicable law, including Article 1229 of the Italian Civil Code.
20.2 Subject to Section 20.1, neither party is liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue, business, goodwill or anticipated savings, or for the cost of substitute services, whether in contract, tort or otherwise, even if advised of their possibility. Our liability for loss or corruption of Customer Data is limited to restoring it from the most recent available backup where the loss results from our breach.
20.3 Subject to Sections 20.1 and 20.4, each party's total aggregate liability arising out of or in connection with these Terms is limited to the Fees paid and payable by the Customer in the 12 months preceding the event giving rise to the claim or, if no Fees have been paid, one hundred euro (€100).
20.4 Subject to Section 20.1, for claims arising from a breach of Section 14 (Confidentiality), of the DPA or of applicable data-protection law, and for obligations under Section 21 (Indemnities), each party's total aggregate liability is limited to two times the amount determined under Section 20.3. This higher limit replaces, and is not added to, the limit in Section 20.3 for those claims.
20.5 These limitations reflect the allocation of risk on which the Fees are based and apply to the extent permitted by applicable law.
21. Indemnities
21.1 Tonecast will defend the Customer against any third-party claim alleging that the Service, as provided by us, infringes that third party's intellectual property rights, and will pay the damages finally awarded or the settlement we agree. This does not apply to claims arising from Customer Data, from parts of Outputs that reproduce AI answers or Public Web Content, from third-party services, from use in breach of these Terms, or from modifications or combinations not made by us. If such a claim is made or is likely, we may obtain the right for the Customer to continue using the Service, modify it so it is no longer infringing, or, if neither is reasonably possible, terminate the affected Subscription and refund the prepaid Fees for its unused part.
21.2 The Customer will defend Tonecast against any third-party claim arising from Customer Inputs or from the Customer's or its Users' use of the Service or of Outputs in breach of these Terms, the Acceptable Use Policy or the law, and will pay the damages finally awarded or the settlement it agrees.
21.3 The indemnified party must: notify the indemnifying party promptly in writing (a delay relieves the indemnifying party only to the extent it is prejudiced); give it sole control of the defence and settlement, provided no settlement may impose an admission or obligation on the indemnified party without its consent; and provide reasonable cooperation at the indemnifying party's expense. The indemnified party may take part with its own counsel at its own cost.
21.4 This Section 21 is subject to Section 20 and states each party's entire obligation for third-party claims of this kind.
22. Changes to these Terms
22.1 We may update these Terms. We will give at least 30 days' notice of material changes, by e-mail to the owners of the Organization and in the Service, before they take effect. Other changes take effect when published, and the "Last updated" date shows the latest version.
22.2 Changes required by law or by an urgent security need may take effect sooner where necessary.
22.3 If you do not agree with a material change, you may cancel before it takes effect: the previous version will then continue to apply until the end of your current Subscription Period, and the Subscription will not renew. If you continue to use the Service after a change takes effect, you accept the updated Terms.
23. Assignment and subcontracting
23.1 Neither party may assign these Terms without the other's prior written consent, which may not be unreasonably withheld, except that either party may assign them, on notice, as part of a merger, acquisition, corporate reorganisation or transfer of all or substantially all of the business to which they relate.
23.2 We may use subcontractors and sub-processors to provide the Service, as described in the DPA, and remain responsible for their performance.
24. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, terrorism, epidemics, acts of government, labour disputes of third parties, failures of utilities or telecommunication networks, outages of hosting providers or AI Providers not caused by that party, or cyber-attacks despite reasonable precautions. This does not excuse payment obligations. If such an event prevents performance for more than 30 days, either party may terminate the affected Subscription, and we refund the prepaid Fees for its unused part.
25. Governing law and jurisdiction
25.1 These Terms are governed by Italian law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.
25.2 The courts of Rome, Italy, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, without prejudice to mandatory rules of law. Either party may seek urgent interim relief before any competent court.
26. Notices
26.1 We send notices to the Customer by e-mail to the owners of its Organization (and, for billing matters, to its billing contact) or in the Service. An e-mail notice is deemed received when sent, unless we receive a delivery failure.
26.2 Notices to Tonecast must be sent to support@tonecast.io. Notices of breach, termination or legal claims must also be sent in writing to our registered address.
27. General
27.1 These Terms, together with the documents they incorporate, are the entire agreement between the parties on their subject and replace any prior agreement on it. Terms in the Customer's purchase orders or similar documents do not apply.
27.2 If any provision is held invalid or unenforceable, it is limited to the minimum extent necessary and the rest of these Terms remains in effect.
27.3 A failure or delay in exercising a right is not a waiver of it.
27.4 The parties are independent contractors. These Terms create no partnership, agency or employment relationship and no rights for third parties.
27.5 We will not use the Customer's name or logo as a customer reference without its prior permission.
27.6 Each party complies with the export-control and sanctions laws that apply to it. The Customer confirms that neither it nor its Users are subject to sanctions that prohibit the provision of the Service to them.
27.7 These Terms are written in English. Any translation is provided for convenience, and the English version prevails.
28. Specific approval
Where Articles 1341 and 1342 of the Italian Civil Code apply, the Customer specifically approves the following clauses: 3.3 (changes to the Service); 6.3 and 6.4 (limits and pauses); 7.4 (failed payments and pause of campaigns); 7.6 (price changes); 8.1 (automatic renewal); 8.4 and 8.5 (proration credits and no refunds); 11 (AI outputs and results); 12.2 (third-party services); 15 (availability, no service levels); 16 (suspension); 17.3 and 17.4 (termination); 19.4 (disclaimers); 20 (limitation of liability); 21 (indemnities); 22 (changes to these Terms); 23 (assignment); 25 (governing law and exclusive jurisdiction).
29. Contact
TonecastVia dei Compositori 85, 00128 Rome, Italy
VAT number: IT18201491000
General contact: support@tonecast.io
Privacy contact: privacy@tonecast.io