Please read these Terms of Service (“Terms”) carefully. By using the Topical platform (the “Service”) or signing up for an account, you agree to these Terms, which will form a legal agreement between you and Topical (collectively, “Topical,” “we,” or “us”).
Topical offers a customizable workflow automation tool for scraping news articles from various sources, curating and filtering those articles using AI, and designing HTML email newsletters (the “Platform”). The Service is accessible through our website, any other websites, and mobile applications owned, operated, or controlled by us (collectively, the “Topical Site”).
To use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above and that you will not use the Service in a way that violates any laws or regulations. Topical may refuse service, close accounts, and change eligibility requirements at any time.
The Agreement begins when you sign up for an account and continues as long as you have an account or until either party terminates the Agreement.
You or Topical may terminate the Agreement at any time and for any reason. If your account is inactive for 24 or more months, we may terminate your account without refund. Once terminated, all data associated with your account, including your curated content, may be permanently deleted.
We may modify these Terms by posting revised Terms on our Site. Continued use of the Service after changes are posted constitutes your acceptance of the new Terms. We may change, suspend, or discontinue any part of the Service at any time without liability.
You are responsible for keeping your account credentials confidential. You must notify us immediately of any unauthorized access or use of your accounts. Topical is not responsible for any losses due to stolen or hacked passwords.
You will resolve any account-related disputes directly with the other party. We may suspend any account associated with a dispute until it is resolved.
Depending on your geographic location, payments may be made to different entities within our group. You agree to pay all applicable fees as per your selected plan and any additional charges for exceeding usage limits. Payments are non-refundable.
If you use an Add-on that has a charge, you will be billed for that additional amount with each billing cycle. Your billing cycle for an Add-on may differ from your billing cycle for your main plan.
You are responsible for any taxes applicable to your use of the Service. All fees are exclusive of taxes.
Topical owns all proprietary rights in the Service, including intellectual property rights. You retain all rights to the Content you submit but grant us a license to use, reproduce, and distribute it as necessary to provide the Service.
Your privacy is important to us. Please review our Privacy Policy and Cookie Policy to understand how we collect, use, and disclose your personal information. We process personal information as a data processor on your behalf.
You agree not to use the Service for any unlawful or prohibited activities, including sending spam or using third-party email lists. Violation of this policy may result in suspension or termination of your account.
To the maximum extent permitted by law, Topical is not liable for any indirect, punitive, special, or consequential damages arising from your use of the Service. Our total liability in any calendar month will not exceed what you paid us for the Service that month.
Topical does not take responsibility for any content generated or sent out over email using the platform. You are solely responsible for ensuring that the content you generate and send complies with all applicable laws and regulations.
The Service is provided as-is. Topical makes no warranties, express or implied, about the Service's reliability or availability.
You agree to indemnify and hold Topical harmless from any claims arising out of your use of the Service, including any breach of these Terms.
Any disputes arising from these Terms or the Service will be resolved through binding arbitration or small claims court in your county of residence or in our location, Fulton County, Georgia.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including data protection laws. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLBA, and others.
For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider in accordance with our Data Processing Addendum. We cannot guarantee the security of every data transmission over the internet.
We may view, copy, and internally distribute Content from your use of the Service to create algorithms and programs that help us improve the Service. We may aggregate and anonymize data to create statistical information, which we may use for various purposes.
By agreeing to these Terms, you promise to follow these rules:
If you think anyone is violating these Terms, please notify us immediately. If you received spam you think came from a Topical Member, please report it to our Abuse Team.
You may only use our bandwidth for your Content. We provide image and data hosting only for your use of the Service. We may throttle your sending or connection through our API at our discretion.
We may suspend or terminate your account at any time, with or without cause. We won’t refund or reimburse you in any situation. If we terminate your account, we may permanently delete your account and all associated data.
Your violation of these Terms may cause irreparable harm to us and our Team. We have the right to seek injunctive relief or other equitable relief if you violate these Terms.
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs.
We are not responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control.
Even if the Agreement is terminated, the following sections will continue to apply: Proprietary Rights, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, and Entire Agreement.
If any part of these Terms is found unenforceable, the remaining provisions will remain in full effect.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can’t change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law.
From time to time, we may invite you to try products or features related to our Service that are not generally available. Beta Services may be provided for evaluation or testing purposes only and may contain bugs or errors.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Site. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
These Terms, including any policies incorporated by reference, constitute the entire agreement between you and Topical and supersede all prior agreements, representations, and understandings.
Effective Date: [July 01 2024]