TERMS OF SERVICE

Toucan Toco - AI-Native Embedded Analytics Effective Date: May 2026

PREAMBLE

Toucan Toco SAS ("we", "us", "Toucan Toco"), a company registered in France with its principal place of business at 59 rue de Ponthieu, Bureau 562, 75008 Paris, offers a Software-as-a-Service (SaaS) solution for embedded analytics powered by AI.

These Terms of Service (these "Terms") govern your access to and use of our platform, including our application, documentation, and services (collectively, the "Service").

By accessing, using, or paying for the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

1. CORE DEFINITIONS

Account: Your user account with Toucan Toco, created during signup.

Authorized User: Any person employed by or authorized by you who accesses the Service on your behalf.

Your Data: Any data you import into the Service, including databases, tables, files, and any information you upload for analysis.

AI Processing: The automated analysis, computation, and visualization of Your Data performed by our AI-powered analytics engine.

Confidential Information: Non-public information disclosed by either party, including trade secrets, product plans, and pricing.

Documentation: User guides, API documentation, tutorials, and help articles available online or in-app.

Incident: A malfunction, error, or outage of the Service that prevents normal use.

Personal Data: Any data that directly or indirectly identifies a natural person, as defined by GDPR.

Service Credits: Days of free service use granted for Service unavailability (see Section 6).

2. SERVICE OVERVIEW & YOUR DATA

2.1 What We Do

We provide a cloud-based analytics platform that enables you to:

• Connect your data sources (databases, data warehouses, etc.)
• Create interactive dashboards and visualizations
• Embed analytics into your products or applications
• Access real-time insights powered by AI

Important: We do NOT store your data permanently by default. We process it in-memory to generate metrics and visualizations, then return results to you. Your original data remains yours.

2.2 Your Data Ownership & Responsibility

You own all Your Data. You are solely responsible for:

• Ensuring you have the right to use Your Data with our Service
• Complying with all laws and regulations governing Your Data
• Protecting Your Data from unauthorized access
• Informing data subjects of your use of Toucan Toco (if Your Data includes Personal Data)

You warrant that Your Data does not:

• Violate any laws or third-party rights
• Contain malware or harmful code
• Infringe intellectual property rights

If we discover Your Data violates these terms, we may suspend access or remove the data.

2.3 Your Data Security Responsibility

While we secure our infrastructure, you are responsible for:

• Controlling database access credentials
• Managing Authorized User credentials
• Reviewing audit logs and access reports
• Notifying us immediately of any unauthorized access

3. YOUR RIGHTS & RESTRICTIONS

3.1 License Grant

Subject to payment and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Service for your internal business purposes
• View, query, and create visualizations of Your Data
• Embed analytics results in your own products (if permitted by your plan)

This license is personal to you and may not be shared, resold, or transferred.

3.2 What You Cannot Do

You agree NOT to:

• Reverse-engineer, decompile, or attempt to extract our source code
• Copy, reproduce, or distribute the Service (except embedded results per your plan)
• Use the Service to provide competing analytics services to third parties
• Access the Service through automated scripts or bots (unless approved)
• Modify or create derivative works from the Service
• Remove or obscure any copyright, trademark, or proprietary notices
• Use the Service for illegal purposes or to violate third-party rights
• Attempt to bypass security measures or gain unauthorized access
• Sublicense or resell the Service to third parties (unless you have an OEM agreement)

3.3 Authorized Users

You must:

• Ensure Authorized Users comply with these Terms
• Maintain confidentiality of login credentials
• Immediately notify us of unauthorized access or credential theft
• Limit Authorized Users to your actual employees or contractors
• Not share credentials between multiple people

You are liable for all actions of Authorized Users. If your plan specifies a user limit, exceeding it may result in additional charges or suspension.

4. PAYMENT & SUBSCRIPTION

4.1 Pricing & Billing

Pricing is based on:

• Plan tier (feature set)
• Credits or consumption (depending on your plan)
• Additional features (e.g., dedicated storage, custom integrations)

Prices are in USD, exclusive of taxes. You are responsible for all applicable taxes, VAT, and duties.

4.2 Free Trial

If you start a free trial:

• Trial periods are non-refundable
• We may retain your data during trial, but delete it after trial ends (unless you convert to a paid plan)
• Trial features may differ from paid plans
• Trial access may be revoked at our discretion
  

4.3 Paid Subscriptions

• Billing cycle: Monthly or annual (as selected at signup)
• Auto-renewal: Your subscription automatically renews unless you cancel
• Payment: Due within 30 days of invoice
• Non-refundable: Subscription fees are non-refundable, even if you cancel mid-cycle
• Price changes: We may adjust pricing with 30 days' notice. Increases >6% require your acceptance
• Overages: Usage exceeding your plan limits may incur additional charges
  

4.4 Late Payment

If payment is 15+ days late:

• We may suspend your Service access without further notice
• We may charge interest at 1.5% per month or the maximum rate allowed by law
• You must reimburse our collection costs, including legal fees
• Early termination fees may apply (see Section 8)

4.5 Cancellation

You may cancel anytime via your Account settings. Cancellation takes effect at the end of your current billing cycle. No refunds will be issued for unused time.

5. DATA PROCESSING & YOUR RESPONSIBILITIES

5.1 How We Process Your Data

When you use the Service:

• You connect a data source (database, API, file upload)
• We establish a secure connection and query your data
• We perform computations in-memory to create metrics and visualizations
• We return results to your dashboard
  
  By default, we do not permanently store your original data
  
  

Exception: If you purchase our optional storage feature, we will retain Your Data in our secure database for future analysis. This is opt-in and invoiced separately.

5.2 AI Processing Disclosure

Our analytics engine uses AI to:

• Detect patterns and anomalies in your data
• Generate recommended insights
• Optimize query performance
• Improve the Service (anonymized insights only)

We do not use Your Data to train models on your behalf. We only use anonymized, aggregated insights to improve our Service.

5.3 Data Compliance (GDPR & French DPA)

If Your Data contains Personal Data, you are the "data controller" and we are the "processor".

You must:

• Ensure you have a lawful basis to process Personal Data
• Provide transparent privacy notices to data subjects
• Obtain consent where required by law
• Manage data subject rights requests (access, deletion, portability)
• Inform us of any data breaches involving Your Data

We will:

• Process Personal Data only per your documented instructions
• Maintain security and confidentiality (see Section 6)
• Not disclose Personal Data to third parties (except subprocessors per the DPA)
• Assist you with data subject requests and compliance audits
• Delete or return Personal Data upon request or contract termination

For Personal Data, a separate Data Processing Agreement (Appendix A) applies.

6. SERVICE AVAILABILITY, MAINTENANCE & SUPPORT

6.1 Availability Guarantee

We commit to maintaining the Service at 99.95% monthly availability.

Availability Rate = (Total minutes in month - Downtime minutes) / Total minutes in month

Downtime = Service unavailability affecting >5% of users at the server level.

Excludes (not counted as downtime):

• Scheduled maintenance (we aim for off-hours; 2 weeks' notice when possible)
• Force majeure events
• Your network or infrastructure failures
• Excessive/unreasonable use
• Unauthorized modifications by you or third parties
• Non-compatible browsers or equipment
  

6.2 Service Credits

If we fail to meet 99.95% availability:

How to claim: Request within 30 days of the outage. Credits must be applied before contract end; no cash refunds

Cap: Total credits per month cannot exceed 10 days.

6.3 Maintenance & Updates

• Scheduled maintenance: We perform updates weekly/monthly, typically outside 9 AM - 5 PM EST (Monday-Friday)
• Emergency maintenance: We may deploy critical fixes immediately without notice
• Updates: We reserve the right to add features, modify the Service, or discontinue features (with notice where reasonable)
• Backwards compatibility: We aim to maintain compatibility, but may deprecate old APIs with 60 days' notice

6.4 Support & Incident Response

We provide email support at help@toucantoco.com. Response times depend on incident severity:

Business Hours = Monday-Friday, 9 AM - 5 PM EST (excluding US holidays).

Response times assume you provide adequate diagnostic information and issue is reproducible in our environment.

7. INTELLECTUAL PROPERTY

7.1 Our IP

All intellectual property in the Service—including software, documentation, algorithms, designs, and trademarks—remains our exclusive property. You acquire no ownership rights except the limited license granted herein.

7.2 Your IP

You retain all rights to Your Data and any content you create (dashboards, reports, etc.). However, by using the Service, you grant us a license to:

• Store and process Your Data as necessary to provide the Service
• Use anonymized, aggregated insights to improve the Service
• Display dashboards and reports within your Account
  

7.3 Feedback

Any suggestions, feedback, or feature requests you provide are owned by us and may be used without compensation.

8. TERMINATION

8.1 Termination by You

You may terminate anytime by:

• Deleting your Account via Account settings, OR
• Emailing us at charles.miglietti@toucantoco.com with written notice
•  

Termination takes effect at the end of your current billing cycle. No refunds are issued.

8.2 Termination by Us

We may suspend or terminate your Service if:

• You breach material terms (e.g., non-payment, misuse) and don't cure within 14 days of notice
• You exceed usage limits unreasonably
• You violate laws or third-party rights
• You become insolvent or bankrupt
• We discontinue the Service or your plan

We will provide notice except in cases of immediate abuse.

8.3 Effects of Termination

Upon termination:

• Your Account and data access cease immediately
• You may download Your Data within 14 days (if you have storage enabled)
• We delete Your Data per our retention policy (typically 30 days, then permanent deletion)
• Sections 7, 9, 10, and 11 survive termination
  

8.4 Data Retrieval (Reversibility)

If you request data retrieval before termination, we will provide Your Data in a standard format (CSV, JSON) within 30 business days, at no charge if done before termination. After termination, data retrieval incurs a fee.

9. WARRANTIES, DISCLAIMERS & LIMITATIONS

9.1 Our Warranties

We warrant that:

• The Service will materially conform to Documentation
• We have the right to provide the Service
• The Service does not infringe third-party IP rights (subject to exclusions in Section 11)

9.2 Disclaimers

EXCEPT AS STATED ABOVE, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do NOT warrant that:

• The Service will be error-free, uninterrupted, or secure
• All errors will be corrected
• The Service will meet your specific needs
• Results will be accurate or complete
• We can prevent third-party access to your Account

9.3 Internet Risks

You acknowledge that:

• Internet transmissions are not always secure
• Data may be delayed, lost, intercepted, or corrupted in transit
• You use the Service at your own risk

10. LIABILITY LIMITS

10.1 Excluded Damages

NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

This applies regardless of the cause (contract breach, negligence, tort, etc.).

10.2 Liability Cap

Our total liability arising from or related to these Terms shall NOT EXCEED the greater of:

• 12 months of fees paid by you, OR
• €1,000
•  

This is an aggregate cap; multiple claims do not increase it.

10.3 Exclusions to Caps

The liability cap does NOT apply to:

• Your indemnification obligations (Section 11)
• Confidentiality breaches
• Your infringement of our IP rights
• Gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Claims required by law to be uncapped

11. INDEMNIFICATION

11.1 You Indemnify Us

You agree to defend, indemnify, and hold us harmless from any claims, damages, costs, and attorneys' fees arising from:

• Your use of the Service in violation of these Terms
• Your Data (including infringement, illegality, or violation of third-party rights)
• Your breach of laws or third-party rights
• Authorized Users' actions

11.2 We Indemnify You

We agree to defend you from claims that the Service infringes a third-party's copyright, trademark, or trade secret (subject to exclusions below).

Exclusions: We are not liable if infringement results from:

• Your modification of the Service
• Your combination of the Service with non-Toucan products
• Your use of a non-current Service version after we notify you of an update that cures infringement
• Your data submitted to us

If the Service is claimed to infringe, we will:

• Secure your right to continue using it, OR
• Replace/modify it to be non-infringing, OR
• If neither is feasible, remove the component and adjust fees

12. CONFIDENTIALITY

Each party agrees to:

• Keep the other's Confidential Information confidential
• Not disclose it to third parties (except employees/contractors with a need to know)
• Use it only for purposes of these Terms
• Protect it with reasonable security

Exceptions: Confidential Information does NOT include information that:

• Is publicly available (not due to your breach)
• Was known to you before disclosure
• Is independently developed
• Is rightfully received from a third party

Survival: Confidentiality obligations survive termination for 5 years (or as long as information remains confidential).

13. GENERAL TERMS

13.1 Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control (war, natural disaster, pandemic, government action, etc.), except payment obligations.

If force majeure prevents performance for >30 days, either party may terminate.

13.2 Assignment & Transfer

You may not assign or transfer your rights under these Terms without our written consent. We may assign freely.

13.3 Notices

Notices must be in writing and sent to:

• You: The email address on your Account
• Us: charles.miglietti@toucantoco.com

Notices are effective upon receipt.

13.4 Entire Agreement

These Terms (including Appendices) constitute the entire agreement and supersede all prior discussions. Amendments must be in writing and signed by both parties.

13.5 Severability

If any provision is found invalid, it will be replaced with a similar valid provision, and others remain in effect.

13.6 No Waiver

Failure to enforce a right does not waive it. Waivers must be in writing.

13.7 Governing Law & Jurisdiction

These Terms are governed by French law.

Dispute Resolution:

1. Both parties will attempt an amicable settlement within 30 days
2. If unresolved, disputes are subject to the exclusive jurisdiction of the Courts of Paris

14. SPECIFIC PROVISIONS FOR AI & DATA ANALYTICS

14.1 AI Model Training

We do NOT train proprietary AI models on Your Data. Improvements to our Service are based on anonymized, aggregated insights only.

14.2 Accuracy & Limitations

AI-powered insights are probabilistic and may contain errors. You should:

• Validate results independently
• Not rely solely on AI recommendations for critical decisions
• Understand that patterns detected may be correlations, not causation

14.3 Data Retention for Storage Feature

If you enable storage:

• Your Data is retained in our secure EU database
• You can request deletion anytime (processed within 14 days)
• Upon contract termination, data is deleted after 30 days (unless you export it)
• Backups may retain data longer but will be securely destroyed

15. CHANGES TO THESE TERMS

We may update these Terms anytime. Material changes will be announced with 30 days' notice via email or in-app notification. Continued use of the Service after notice means you accept the new Terms.

16. CONTACT & SUPPORT

Legal questions: charles.miglietti@toucantoco.com Technical support: help@toucantoco.com Privacy inquiries: charles.miglietti@toucantoco.com

APPENDIX A: DATA PROCESSING AGREEMENT (DPA)

[See separate DPA document]

This DPA applies if Your Data includes Personal Data and is incorporated by reference.

Last Updated: May 2026 Version: 2.0