Terms of Service

Welcome to Tolarai.com. These Terms of Service ("Terms") govern your use of the Tolarai.com platform, website, and services (collectively, the "Services") provided by Tolarai.com ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

1. Definitions

"Organization" refers to the entity that registers for an account on Tolarai.com to manage its members, memberships, events, and billing. "Member" refers to an individual whose data is stored within an Organization's account. "User" refers to any individual who accesses or uses the Services, including Organization administrators and Members. "Plan" refers to the subscription tier selected by an Organization (Starter, Professional, or Enterprise).

2. Eligibility & Account Registration

To use the Services, you must be at least 18 years of age and have the legal authority to bind your Organization to these Terms. You agree to provide accurate, current, and complete information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account and must notify us immediately of any unauthorized use.

3. Subscription Plans & Billing

We offer subscription plans with varying features, member limits, and pricing as displayed on our pricing page. By selecting a paid plan, you authorize us to charge the recurring subscription fee to your designated payment method. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle.

You may upgrade or downgrade your plan at any time. Changes take effect at the start of the next billing cycle, and we will prorate any difference in fees. If you fail to pay any subscription fee when due, we may suspend or terminate your access to the Services after a reasonable grace period and notice.

4. Free Trial

We may offer a free trial period for certain plans, during which you may use the Services without charge. Free trials are limited to one per Organization. At the end of the trial period, your selected plan will automatically convert to a paid subscription unless you cancel before the trial ends. We may modify, suspend, or discontinue free trial offerings at any time without prior notice.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right;
• Infringe upon the intellectual property, privacy, or other rights of any person;
• Upload, store, or transmit any malicious code, viruses, or harmful content;
• Attempt to gain unauthorized access to any part of the Services, its systems, or networks;
• Use the Services to send unsolicited communications, spam, or phishing messages;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
• Resell, sublicense, or redistribute the Services without our prior written consent.

We reserve the right to investigate and take appropriate action, including suspending or terminating accounts, for any violation of these acceptable use terms.

6. Your Content & Data

You retain all ownership rights to the data and content you upload to the Services ("Your Data"). You grant us a limited, non-exclusive license to access, process, and store Your Data solely for the purpose of providing and improving the Services. You are responsible for ensuring that you have all necessary rights, consents, and permissions to store and process the personal data of your Members within the platform, in compliance with applicable data protection laws.

We implement reasonable technical and organizational measures to protect Your Data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. For details on how we handle personal data, please review our Privacy Policy.

7. Data Retention & Deletion

Upon termination of your account, we will retain Your Data for a limited period to allow for export or transition, after which it will be permanently deleted in accordance with our data retention policy. You may request deletion of your data at any time by contacting our support team, subject to applicable legal obligations and record-keeping requirements.

8. Intellectual Property

The Services, including all software, designs, logos, text, graphics, and other content not provided by you (collectively, "Tolarai.com Property"), are the exclusive property of Tolarai.com and its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from Tolarai.com Property without our prior written consent. White-label and custom branding features available on certain plans do not transfer ownership of Tolarai.com Property.

9. Third-Party Services & Integrations

The Services may integrate with or contain links to third-party services, applications, and websites (e.g., payment processors, communication platforms, analytics tools). We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is subject to their respective terms and privacy policies. We may modify or discontinue third-party integrations at any time.

10. Service Availability & Modifications

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free access. We may schedule maintenance, updates, or changes that temporarily affect availability. We reserve the right to modify, suspend, or discontinue any feature or the Services as a whole at any time, with reasonable notice where practicable. We are not liable for any downtime, interruption, or data loss resulting from factors beyond our reasonable control, including force majeure events.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Tolarai.com and its affiliates, officers, directors, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, business, or goodwill, arising out of or related to your use of or inability to use the Services, whether based on contract, tort, negligence, or any other theory of liability. Our total aggregate liability for any claim arising from these Terms or the Services shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Tolarai.com and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use of the Services, your violation of these Terms, your violation of any law or third-party right, or any data or content you upload to the Services.

13. Term & Termination

These Terms are effective from the date you first use the Services and continue until terminated. You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing cycle, and no refunds are provided for partial periods. We may suspend or terminate your access to the Services at any time, with or without cause or notice, if you violate these Terms or if your account becomes inactive.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Papua New Guinea, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If unresolved within thirty (30) days, the matter shall be submitted to binding arbitration in Port Moresby, Papua New Guinea, in accordance with the rules of the applicable arbitration authority.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or operational practices. We will notify you of material changes by posting the updated Terms on this page and, where appropriate, by email or in-app notification. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court or tribunal of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect.

17. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact our support team through the in-app support portal or by emailing support@tolarai.com.