Terms of Service

1. The Service

TUKO is a business operating platform for small businesses. It lets you record and organize customers, products, orders, inventory, payments, expenses, suppliers, employees, and related operational data, and it generates operational insights, opportunity suggestions, and a daily brief from that data.

We may improve, change, suspend, or discontinue parts of the Service at any time. Where a change materially reduces functionality you rely on, we will make reasonable efforts to notify you in advance.

The Service is provided in beta-quality and general-release forms. Features identified as beta, preview, or experimental are provided as-is and may change or be removed without notice.

2. Eligibility and accounts

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and capable of forming a binding contract to use the Service. The Service is intended for business use and is not directed at children.

You must provide accurate registration information, keep your credentials confidential, and promptly update your information if it changes. You are responsible for all activity under your account and for the acts and omissions of the members you invite to your workspace.

Workspace owners control member roles and access. Owners must not remove access in a way that defeats legitimate audit or legal holds.

3. Your data

“Your Data” means data you or your members submit to the Service, including records about your customers, employees, suppliers, products, orders, payments, and any personal data contained in them.

You retain all rights in Your Data. You grant us a limited, worldwide, non-exclusive licence to host, store, process, transmit, and display Your Data solely to provide, secure, maintain, and improve the Service, and as required by law.

You represent and warrant that you have collected and shared Your Data lawfully, that you have all notices, consents, and lawful bases required to process it and to upload it to the Service (including personal data of your customers and employees), and that Your Data does not infringe third-party rights or violate applicable law.

You act as the controller (or business) for personal data in Your Data, and we act as your processor (or service provider). Our processing of that data is governed by these Terms, our Privacy Policy, and, where applicable, a separate data processing agreement you may request at [email protected].

You are responsible for honouring data-subject requests directed to you and for configuring lawful use of the Service in your jurisdiction.

4. Insights and estimates

The Service generates recommendations, opportunity signals, and estimated values from Your Data. Estimated figures are labelled as estimates, are derived from heuristics over your records, and are not guarantees of revenue or business outcomes.

Insights are informational only and do not constitute financial, tax, accounting, legal, or professional advice. You are responsible for decisions you make based on them and for verifying figures against your own records.

5. Acceptable use

You must not: (a) violate any law or third-party right; (b) upload malicious code or data you are not entitled to process; (c) probe, scan, or test the vulnerability of the Service or attempt to bypass security, access controls, rate limits, or tenant isolation; (d) access another workspace’s data; (e) reverse engineer the Service except where the law forbids this restriction; (f) use the Service to build a competing product; (g) send unsolicited marketing (spam) through the Service or use it to harass or deceive individuals; (h) misrepresent your identity or affiliation; or (i) use the Service to process special categories of personal data (such as health, biometric, or government ID numbers) or regulated data (such as payment card numbers subject to PCI DSS) unless we expressly support it.

We may suspend or terminate access for violations, to protect the Service or other users, or where required by law, and we will notify you where lawful and practicable.

6. Integrations and imports

The Service may let you connect third-party platforms (for example Shopify or WooCommerce) or import files (for example CSV exports). Your use of third-party services is governed by their own terms and policies, and you are responsible for the accuracy and lawfulness of data you import.

We are not responsible for third-party services, their availability, or their acts and omissions.

7. Communications

We send service-related communications (security notices, verification, product updates required for operation) as part of the Service; these are not optional.

Marketing communications are sent only with your opt-in consent where required by law, and you may withdraw consent at any time via the unsubscribe link or by contacting us. Transactional or customer-facing messages you send through the Service must comply with applicable anti-spam and marketing laws (for example CAN-SPAM, CASL, the EU ePrivacy rules, and the Philippine Data Privacy Act).

8. Fees and plans

The Service may include free and paid plans. Paid plan pricing, billing cycles, and included usage are described at the point of purchase or in a separate order.

Fees are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes. Fees are non-refundable except as required by law or expressly stated. We may change pricing on reasonable advance notice; changes apply from your next billing period.

Where a consumer-protection law in your jurisdiction grants you a mandatory right of withdrawal or refund, that right applies notwithstanding this section.

9. Intellectual property

We own the Service, including its software, design, branding, and documentation, and all improvements to them. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription.

If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction or compensation.

10. App stores

If you download the Service through Apple App Store or Google Play, your use is also subject to the applicable store’s terms. The store provider has no obligation to provide maintenance or support, is not responsible for the Service or claims relating to it, and (for Apple) is a third-party beneficiary of these Terms entitled to enforce them against you.

11. Confidentiality and security

We maintain administrative, technical, and physical safeguards appropriate to the sensitivity of the data we process, including encryption in transit, row-level tenant isolation, and access controls. No system is perfectly secure; you share responsibility by keeping credentials safe and managing member access.

We each agree to protect the other’s non-public information accessed through the Service and to use it only for the purposes of these Terms.

12. Term and termination

These Terms apply while you use the Service. You may stop using it and request account deletion at any time through the app or by contacting [email protected].

We may suspend or terminate your access for breach of these Terms, non-payment, legal risk, or extended inactivity on a free plan, with notice where practicable.

On termination, your right to use the Service ends. We retain and delete data per our Privacy Policy; you may request an export of Your Data within a reasonable period before deletion. Sections that by their nature should survive (ownership, disclaimers, liability, indemnity, governing law) survive termination.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT INSIGHTS OR ESTIMATES WILL BE ACCURATE OR PRODUCE RESULTS.

Nothing in these Terms excludes warranties, guarantees, or rights that cannot be excluded under mandatory law, including consumer-protection laws in your jurisdiction.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR, IF YOU ARE ON A FREE PLAN, ONE HUNDRED US DOLLARS (US$100).

These limits do not apply to liability that cannot be limited by law, to your payment obligations, to your breach of Section 5 (Acceptable use) or Section 3 (Your data warranties), or to either party’s indemnification obligations.

15. Indemnification

You will indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from Your Data, your unlawful processing of personal data, your breach of these Terms, or your use of the Service in violation of law.

We will indemnify you against third-party claims that the Service, as provided by us and used per these Terms, infringes intellectual-property rights, except to the extent a claim arises from Your Data, your modifications, or combinations with non-TUKO products. If the Service is or may become subject to such a claim, we may modify it, procure rights, or terminate the affected use with a pro-rata refund.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-laws rules, and the courts of the Republic of the Philippines have non-exclusive jurisdiction, except where a different governing law or forum is mandated by the consumer-protection or privacy laws of your jurisdiction — in which case nothing in these Terms reduces those mandatory rights.

The UN Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, the parties will attempt in good faith to resolve disputes informally for at least 30 days. Nothing prevents either party from seeking injunctive relief for IP or confidentiality breaches.

17. Compliance and trade controls

You may not use the Service if you are located in, or are a resident of, a country or territory subject to comprehensive sanctions, or if you are on a sanctions or restricted-party list. You will comply with applicable export-control and sanctions laws when using the Service.

18. Changes to these Terms

We may update these Terms from time to time. We will post the new version with an updated effective date and, for material changes, notify you through the Service or by email before they take effect. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and delete your account.

19. Miscellaneous

These Terms, together with the Privacy Policy and any order, are the entire agreement and supersede prior understandings. If a provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email; notices to us go to [email protected].