1. Introduction
1.1. Purpose: These are the general terms of the relationship between:
- you — the visitor to the Website; and
- us — MIH AI B.V., a company of the Prosus Group, registration number 90959582, also known as Toqan (the “Website owner”).
1.2. In these Terms, “Terms” means these terms of use as described in this document, and “Website” means the website with its home page accessible at www.toqan.ai, including its content.
1.3. Scope of these Terms: These Terms govern only your access to and use of the Website and its content. These Terms do not govern your access to or use of the Toqan product or any related services (the “Product”), which is governed exclusively by separate terms (see clause 2).
2. Relationship with the Product Terms
2.1. The Product is made available under the Terms and Conditions and the associated Data Processing Agreement and Fair Use Policy (together, the “Product Terms”).
2.2. These Terms apply only to the informational Website. To the extent any matter concerns access to or use of the Product, the Product Terms govern and prevail over these Terms.
2.3. Nothing in these Terms grants you any right to access or use the Product. Any such access is subject to acceptance of the Product Terms.
2.4. The Product is an agentic AI product. Any description of the Product or its capabilities on the Website is for general information only, does not form part of the Product Terms and does not constitute any warranty as to the Product’s performance. The Product’s outputs, and any automated or agentic actions it performs, are governed solely by the Product Terms.
3. Acceptance and scope
3.1. By visiting and using the Website, you agree to be legally bound by these Terms. If you disagree with these Terms, you must not use the Website and must stop using it immediately.
3.2. We may make changes to these Terms from time to time. The latest version will always be available on the Website and takes effect immediately upon posting. By continuing to use the Website, you agree to be bound by the updated Terms.
4. Capacity
4.1. You confirm that you are entitled to visit the Website and to agree to these Terms because you:
- are at least 18 (or are otherwise regarded as a legal adult) and have the legal right and capacity to do so; or
- are not yet 18 but have your parent’s or legal guardian’s permission to do so.
4.2. This clause governs visits to the Website only. Eligibility to access or use the Product is determined separately under the Product Terms.
5. Permitted use of the Website
5.1. We provide the Website solely to give you information about us and our products.
5.2. We grant you a limited, revocable licence to access and use the Website on these Terms. You may view, download and print content for informational, non-commercial purposes only, provided you keep all copyright notices intact. Any other use, and any linking other than to our home page, requires our prior written consent.
5.3. We may suspend or revoke your access to the Website at any time and for any reason without notice. If you breach these Terms or infringe any third party’s rights (including copyright), we may cancel your licence, block your access and pursue any remedy available at law, without affecting our other rights.
6. Prohibited use of the Website
6.1. You must not, and must not allow anyone else to:
- use the Website in any way that breaches these Terms or any applicable law, or that infringes our or any third party’s rights (including intellectual property rights);
- frame the Website, or deep link to it in a way that implies we endorse you or a third party or that you have any rights in our Website or brand, without our written permission;
- circumvent any security or access-control measures, or use spiders, crawlers, bots or similar tools to access or harvest content from the Website, without our permission;
- introduce malicious code, or damage, overburden, impair or gain unauthorised access to the Website or its content;
- reverse engineer the technology used to provide the Website; or
- use the Website to advertise, promote or commercialise any products or services without our prior written approval.
6.2. These Terms and any restrictions on use also apply to any cached parts of the Website, and we may monitor your compliance with them.
7. Content must not be relied on
7.1. Do not rely on content: You must not rely on the content of the Website for any purpose, because it may not be accurate, complete, adequate or current.
7.2. No warranties: We, members of our group, and any third-party data providers give no warranties concerning the Website or its content, including as to accuracy, completeness, adequacy, timeliness or comprehensiveness.
7.3. No responsibility: We, members of our group, and any third-party data providers accept no responsibility to update the Website or its content, or to notify you or other users of any inaccurate, incomplete, inadequate or out-of-date content.
8. Data protection
8.1. You undertake to provide only accurate information to us and to the Website.
8.2. Personal data we collect about visitors to the Website is governed by our website Privacy Policy and Cookie Policy which is incorporated into these Terms by reference.
8.3. For the avoidance of doubt, the processing of personal data in connection with the Product is governed by the Data Processing Agreement forming part of the Product Terms, and not by this clause.
9. Intellectual property
9.1. Ownership: Except where stated otherwise, all intellectual property rights in the Website and its content are owned by us or our licensors, and all moral rights are reserved. Ownership of the Product, Customer Content and Output is dealt with under the Product Terms, not in these Terms.
9.2. Your rights: Your rights to use the Website and its content are limited to those granted in these Terms. Except as expressly permitted, you may not modify, create derivative works from, rent, lease, sell, assign, reverse engineer, copy, reproduce or distribute the Website or its content, and you may not remove any copyright, trademark or other proprietary notice.
9.3. Trademarks: Our names, logos, marks and trade names are our trademarks and may not be used without our prior written consent, except for fair editorial use (for example by journalists, or in educational materials) referring to us and our products. Any permitted use must reproduce the marks accurately and unaltered, must not imply that we endorse the user, and must cease immediately on our request. Any other trademarks appearing on the Website are the property of their respective owners.
10. Limits to our liability
10.1. Own risk: We provide the Website “as is”. We give no express or implied warranty and make no promise about the Website. For example, we do not warrant that it is of good quality, fit for any particular purpose, accurate, complete, up to date, legally effective or secure, or that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use.
10.2. Indemnity: You indemnify us against any claim, demand, loss, damage, cost or liability (including reasonable legal fees and costs) related to your use of the Website.
10.3. Exclusion of damages: To the fullest extent permitted by law, we exclude liability for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profit, goodwill, use, data or other intangible losses, resulting from the use of or inability to use the Website or any content.
10.4. Other websites: We are not responsible for anyone else’s website.
10.5. Product liability: This clause governs liability arising from use of the Website only. Liability arising from access to or use of the Product is governed exclusively by the Product Terms.
11. General
11.1. Entire agreement: These Terms (together with the documents incorporated by reference in them) are the entire agreement between you and us regarding your use of the Website. They do not affect, and are without prejudice to, the Product Terms, which constitute a separate agreement governing the Product.
11.2. Interpretation and precedence: If these Terms conflict with the Product Terms in relation to the Product, the Product Terms prevail. Where any other specific terms apply to specific sections of the Website, those specific terms prevail over these Terms in respect of those sections.
11.3. Changes to the Website: We may change or stop publishing the Website without notice and will not be responsible for any consequences.
11.4. Severability: Any term that is invalid, illegal or unenforceable must be treated as deleted, and the remaining Terms continue in full force.
11.5. Governing law: These Terms are governed by the laws of the Netherlands, and only the Dutch courts may decide any dispute about these Terms.