Terms of Use

1. Introduction

1.1. Purpose
These are the general terms of the relationship between:

• you – the website visitor; and
• us – MIH AI B.V., a company of the Prosus Group. Registration number: 78276357, also known as Toqan – the website owner.

1.2. Terms
Terms mean the terms of use as described in this document.

1.3. Governing law
The laws of the Netherlands govern the Terms. Accordingly, only the Dutch courts may decide any dispute about the Terms.

2. Scope

2.1. What the Terms cover
The Terms cover the website, with its home page accessible at www.toqan.ai and apply to the use of: the website and
its content, including the text, images, and other substantive information. You agree to be legally bound by the Terms by visiting and using the website. Therefore, you may not use the website and must immediately stop if you disagree with the Terms.

2.2. Updates to the Terms
We may make changes from time to time to the Terms, so please check back regularly to keep informed of updates. The latest version of the Terms will always be available on this website. Any new version of the Terms will take effect and govern the use of the website immediately upon the posting date. By continuing to use the website, you agree to be bound by the updates and amendments to the Terms. These Terms were last amended on 19 March 2024.

3. Capacity

You promise that you are entitled to visit this website and agree to the Terms because you:

• Are you at least 18 (or regarded as legally adult) and have the legal right and capacity to do so; or
• You are not 18 yet but have your parent’s (or legal guardian's) permission to do so.

4. Interpretation

If the meaning of the Terms conflicts with any other relevant specific terms, the specific terms will prevail. Specific terms apply to specific sections of the website or have been specifically agreed upon between the parties. The use of Toqan will be governed by separate terms and conditions.

5. Permitted use

5.1. Intended use:
We make this website available with the sole intention of providing you with information about us and our products.

5.2. Non-commercial purposes:
You may only use this website for non-commercial purposes.

5.3. License:
We grant you a limited license to use this website on these Terms. We may cancel your license at any time for any reason. Your license is automatically revoked if you do not get our written permission before using this website in a way these Terms do not allow.

5.4. Access to information on the website:
You may view, copy, download to your device, print, or distribute the content available through this website, provided that:

• you use the content for only informational and non-commercial purposes; and
• any reproduction of the content includes the relevant copyright notice.

5.5. Home page linking:
Any third-party website may link solely to the home page of this website and not to any other page or part of this website.

5.6. Alternative use or linking on written permission:
You may only use or link to this website for any purpose or in any way not expressly permitted in these Terms with our express prior written consent.

5.7. Right to revoke access:
We may revoke your rights to use this website or the content at any time and for any reason without notification.

5.8. Breach:
If you breach the Terms or infringe any other person’s rights (including copyright), we may cancel your license, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows without affecting our rights.

6. Prohibited use

6.1. Prohibited conduct:
You are not allowed to, directly or indirectly, allow anybody else to:

• do anything that violates any of these Terms;
• do anything illegal, fraudulent or violates or infringes any rights, title, or interest (including any intellectual property rights) in or to this website or its content;
• frame this website or any of its pages in a way that we have not expressly authorized;
• deep link (link to any page other than the home page of this website) or link in any way that could suggest that we endorse or support you or a third party or that you have any rights in our website or intellectual property unless we have given you written permission to do so;
• remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms on the website;
• use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website unless we have permitted you to do so;
• introduce any materials that are designed to impede the operations of the website or its content;
• damage, disable, overburden, impair, or gain unauthorized access to the content or the website;
• remove, modify, disable, block, obscure, or otherwise impair any advertising displayed on, or used in connection with, the website;
• use the website or the content for advertising or promoting products or services that we have not expressly approved in writing in advance;
• interfere with anyone else’s use and enjoyment of the website;
• attempt to discover or reverse engineer the source code and other materials forming part of the technology used to provide the website or forming part of the content;
• receive or charge money, favors, or other consideration for allowing any other person to use or access the website or the content.

6.2. Apply to cached elements:
These Terms and any restrictions on the use of the website will also apply to any part of the website and content that is cached when using the website.

6.3. Monitoring:
We may monitor whether you are complying with these Terms.

7. Content must not be relied on

7.1. Do not rely on content:
You must not rely on the content for any purpose because it may not be accurate, complete, adequate, or current.

7.2. No warranties:
We, members of our group, and third-party data providers give no warranties concerning this website or the content, including the content's accuracy, completeness, adequacy, timeliness, or comprehensiveness.

7.3. No responsibility:
We, members of our group, and any third-party data providers accept no responsibility. Accordingly, we will not be required to update the website or the content or notify you or other users of inaccurate, incomplete, inadequate, or out-of-date content.

8. Information and data protection

You promise you will only give accurate information to us and this website. Personal data collected on the website is governed by the Website Privacy Statement, which is fully incorporated by reference within these Terms.

9. Intellectual property

9.1. Ownership:
Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third-party licensor. All moral rights are reserved.

9.2. Your rights:
Your rights to use the website and its content are limited to those we give you in the Terms.

9.3. Restrictions:
Except as expressly permitted under the agreement, the website and its content may not be:

• modified or used to do derivative works;
• rented, leased, loaned, sold, or assigned;
• reverse-engineered or copied; or
• reproduced or distributed.

9.4. Proprietary notices:
You may not remove copyright, trademark, or other proprietary notices from the content.

9.5. Trademarks:
Our logo and sub-logos, marks, trade names, and images of them are our trademarks, and no person may use them without our permission, subject to the following:

• important assets – our trademarks are important assets to us and represent a high standard of quality and brand recognition that we have spent substantial resources developing;
• editorial use only – accordingly, only press agencies, journalists, and students in newspapers, news magazines, trade publications, broadcast media, online media, and educational articles about us and our goods and services may make editorial use of our trademarks;
• non-editorial use prohibited – we prohibit the use of our trademarks for non-editorial purposes unless we have given you prior written consent; and
• authorised users – only third parties wishing to use our trademarks for editorial purposes or those with prior written permission to use them for non-editorial purposes are allowed to use them as authorised users.

9.6. Authorised users’ trademark license:
We grant all authorised users a license to use our trademarks subject to the following limitations:

• revocable – we may revoke the right at any time;
• non-exclusive – we may allow anyone else to use our trademarks;
• duration of the agreement – you may only use our trademarks for the period of the agreement;
• limited to Terms – you may only use our trademarks according to these Terms;
• non-transferable – you may not transfer the license to anyone else;
• specified purposes – you may only use our trademarks for the limited purposes that we’ve communicated to you in writing from time to time;
• use requirements – you may only use our trademarks in ongoing compliance with our use requirements; and
• any other limitations agreed between the parties in writing.

9.7. Authorised users’ use requirements:
You may only use our trademarks by our authorised users’ trademark license, provided that:

• current version – you must check our library before using a logo or image to make sure you are using the current version of the logo or image;
• exact reproduction – you must reproduce our logos or images exactly as they appeared in our logo library when they were downloaded;
• no colour, font, or stylisation alterations – you must not alter the colour, font style, font size, or stylisation of our logos or images;
• no use in a sentence or text string – you must not use our logos or images in a sentence or text string;
• no help with other logos, designs, or elements – you must not use our logos or pictures in combination or conjunction with any other logos, designs, or features;
• correct symbols – you must use the valid trademark and copyright ownership symbols (i.e., ®, TM, or ©) immediately after using our logos or images;
• no redistribution – you must not redistribute the materials in which our logos or images appear for other third parties to use or copy; and
• same standard, grade, and quality – the goods and services that you offer in connection with our logos or images must be of the same standard, grade, and quality of our goods and services maintained for; and if you fail to comply with these requirements, we may revoke your license to use our trademarks as an authorised user.

9.8. Cease use immediately upon request:
You must stop using our trademarks or other content directly if we ask you to.

9.9. Other trademarks:
Any other trademark or trade name that may appear on the website’s content is the property of its respective owner.

10. Limits to our liability

10.1. Own risk:
We provide the website “as is”. We do not give express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective, or secure. We also do not warrant 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 (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees and costs) related to your use of this website.

10.3. To the fullest extent permitted by law, we exclude liability for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the website or any content or services provided therein.

10.4. Other websites:
We are not responsible for anyone else’s website.

11. General

11.1. Entire agreement:
The Terms are the entire agreement between the parties on the subject.

11.2. Changes to the website:
We may change or stop publishing this website without notice and will not be responsible for any consequences.

11.3. Severability:
Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining Terms continue as intended.