Terms of Service

Effective Date: 10/27/2025
Last Updated: 10/27/2025

Welcome to Toucan Creator

These Terms of Service (“Terms”) govern your access to and use of Toucan Creator, a social media management platform provided by Wagware Digital Solutions, LLC (“Wagware,” “we,” “us,” or “our”). By accessing or using Toucan Creator, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE TOUCAN CREATOR.

1. Definitions

  • “Service” means the Toucan Creator web application, APIs, and all related services provided by Wagware Digital Solutions, LLC.
  • “User,” “you,” or “your” means the individual or entity using the Service.
  • “Account” means your registered account on Toucan Creator.
  • “Content” means any text, images, videos, data, or other materials you upload, post, or transmit through the Service.
  • “Platform” means third-party social media platforms (YouTube, Facebook, Instagram, LinkedIn, X/Twitter, TikTok, etc.) that you connect to Toucan Creator.

2. Acceptance of Terms

2.1 Agreement to Terms

By creating an account or using Toucan Creator, you agree to:

  • These Terms of Service
  • Our Privacy Policy
  • All applicable laws and regulations

2.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

  • Email to your registered address
  • In-app notification
  • Notice on our website

Continued use of the Service after changes constitutes acceptance of the modified Terms.

2.3 Eligibility

You must be at least 18 years old to use Toucan Creator. By using the Service, you represent that you meet this age requirement.

3. Account Registration and Security

3.1 Account Creation

To use Toucan Creator, you must:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Have only one account per user (no duplicate accounts)

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your password
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

3.3 Organization Accounts

If you create an account on behalf of an organization:

  • You represent that you have authority to bind that organization
  • The organization agrees to be bound by these Terms
  • References to “you” include both you and the organization

4. Subscription and Payment

4.1 Subscription Plans

Toucan Creator offers various subscription plans with different features and pricing. Current plans and pricing are available on our website.

4.2 Payment Terms

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payment is due upon subscription or renewal
  • We use third-party payment processors (Stripe)
  • You authorize us to charge your payment method for all fees

4.3 Free Trials

  • Free trials may be offered at our discretion
  • We may require payment information to start a trial
  • Trials automatically convert to paid subscriptions unless cancelled
  • We reserve the right to limit trial eligibility

4.4 Refunds

  • Subscription fees are non-refundable except as required by law
  • If you cancel mid-billing cycle, you retain access until the end of that period
  • We may provide refunds at our sole discretion

4.5 Price Changes

  • We may change subscription prices with 30 days’ notice
  • Price changes apply to renewals, not current billing periods
  • Continued use after price changes constitutes acceptance

4.6 Cancellation

You may cancel your subscription at any time:

  • Via your account settings
  • By contacting support@wagware.com
  • Cancellation is effective at the end of the current billing period
  • No refunds for partial periods

5. Use of the Service

5.1 Permitted Use

You may use Toucan Creator to:

  • Manage and schedule social media content
  • Monitor and respond to social media interactions
  • Analyze social media performance
  • Collaborate with team members (if your plan includes team features)

5.2 Prohibited Use

You may NOT use Toucan Creator to:

  • Violate any laws or regulations
  • Infringe intellectual property rights
  • Distribute malware, viruses, or harmful code
  • Spam, harass, or abuse others
  • Impersonate others or misrepresent your identity
  • Attempt to gain unauthorized access to the Service
  • Reverse engineer, decompile, or disassemble the Service
  • Use automated tools (bots, scrapers) without permission
  • Resell or redistribute the Service
  • Post content that is illegal, obscene, threatening, defamatory, or discriminatory
  • Violate third-party platform terms of service (YouTube, Facebook, etc.)

5.3 Platform Compliance

When using Toucan Creator with third-party platforms, you must:

  • Comply with all platform terms of service and policies
  • Respect platform rate limits and usage restrictions
  • Maintain valid authorization for connected accounts
  • Understand that platform changes may affect Service functionality

5.4 Rate Limits and Quotas

  • We may impose usage limits to ensure fair use and Service quality
  • Excessive use may result in throttling or temporary suspension
  • Platform API limits (YouTube, Facebook, etc.) apply to your usage

6. Your Content

6.1 Ownership

You retain all ownership rights to Content you upload to Toucan Creator.

6.2 License to Wagware

By uploading Content, you grant Wagware a worldwide, non-exclusive, royalty-free license to:

  • Store, process, and transmit your Content
  • Display your Content within the Service
  • Publish your Content to connected Platforms as you direct
  • Use your Content to provide and improve the Service

This license ends when you delete your Content or terminate your account.

6.3 Content Responsibility

You are solely responsible for:

  • All Content you upload or publish
  • Ensuring you have rights to use and publish your Content
  • Compliance with copyright, trademark, and other intellectual property laws
  • Compliance with platform-specific content policies

6.4 Content Backup

While we perform regular backups, you are responsible for:

  • Maintaining your own backups of important Content
  • Understanding that we do not guarantee data preservation
  • Accepting that technical issues may result in data loss

6.5 Prohibited Content

You may not upload Content that:

  • Infringes intellectual property rights
  • Contains malware or harmful code
  • Violates privacy or publicity rights
  • Is illegal, obscene, threatening, or discriminatory
  • Violates any platform policies

7. Third-Party Platform Integration

7.1 Platform Authorization

To connect social media platforms, you must:

  • Authorize Toucan Creator via OAuth or platform-approved methods
  • Maintain valid credentials and permissions
  • Comply with all platform terms of service

7.2 Platform Changes

We are not responsible for:

  • Changes to platform APIs or policies
  • Platform outages or service interruptions
  • Platform rate limits or restrictions
  • Platform account suspensions or terminations

7.3 Platform Data

  • Data from platforms is subject to platform privacy policies
  • We access only data necessary to provide the Service
  • Platform data may be cached temporarily for performance
  • You may revoke platform access at any time

7.4 No Platform Affiliation

Toucan Creator is an independent service and is not affiliated with, endorsed by, or sponsored by YouTube, Facebook, Instagram, LinkedIn, X/Twitter, TikTok, or any other integrated platform.

8. AI Features

8.1 AI-Powered Suggestions

Toucan Creator may offer AI-powered features, including:

  • Comment reply suggestions
  • Content recommendations
  • Sentiment analysis

8.2 AI Accuracy

You acknowledge that:

  • AI suggestions may not always be accurate or appropriate
  • You are responsible for reviewing and approving AI-generated content
  • We do not guarantee AI feature accuracy or reliability

8.3 AI Key Options

You may choose to:

  • Use Wagware-provided AI services (premium feature)
  • Provide your own OpenAI API key
  • Opt out of AI features entirely

8.4 AI Usage Tracking

If using Wagware-provided AI services:

  • We track usage for billing and quota enforcement
  • Excessive usage may incur additional charges
  • We reserve the right to limit AI usage

9. Intellectual Property

9.1 Wagware Ownership

Toucan Creator, including all software, designs, logos, trademarks, and documentation, is owned by Wagware Digital Solutions, LLC and is protected by copyright, trademark, and other intellectual property laws.

9.2 Toucan Creator Trademark

“Toucan Creator” and associated logos are trademarks of Wagware Digital Solutions, LLC. You may not use our trademarks without prior written permission.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service:

  • You grant us unlimited rights to use that feedback
  • We are not obligated to implement feedback
  • We are not obligated to compensate you for feedback

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.2 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that:

  • Internet transmission is not 100% secure
  • You use the Service at your own risk
  • We are not liable for unauthorized access to your data

10.3 Data Processing

By using the Service, you consent to:

  • Processing of your data as described in our Privacy Policy
  • Transfer of data to the United States and other jurisdictions
  • Use of third-party service providers (hosting, payment processing, etc.)

11. Disclaimers and Limitations of Liability

11.1 Service “AS IS”

TOUCAN CREATOR IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • UNINTERRUPTED OR ERROR-FREE OPERATION

11.2 No Guarantee of Results

We do not guarantee that Toucan Creator will:

  • Meet your specific requirements
  • Be uninterrupted, timely, secure, or error-free
  • Produce specific business results
  • Increase your social media engagement or revenue

11.3 Third-Party Platforms

We are not responsible for:

  • Third-party platform availability or functionality
  • Changes to platform APIs, policies, or terms
  • Platform data accuracy or completeness
  • Platform account issues or suspensions

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAGWARE DIGITAL SOLUTIONS, LLC SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
  • BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE SERVICES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

11.5 Exceptions

Some jurisdictions do not allow limitation of implied warranties or liability for incidental/consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Wagware Digital Solutions, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of Toucan Creator
  • Your Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of any laws or regulations

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

  • Canceling your subscription in account settings
  • Contacting support@wagware.com

13.2 Termination by Wagware

We may suspend or terminate your account immediately, without notice, if:

  • You violate these Terms
  • You engage in prohibited activities
  • Your account is inactive for an extended period
  • We discontinue the Service (with 30 days’ notice)
  • Required by law or court order

13.3 Effect of Termination

Upon termination:

  • Your access to the Service ends immediately
  • We may delete your data after a reasonable retention period
  • You remain liable for all charges incurred before termination
  • Sections that should survive (disclaimers, liability, indemnification) continue to apply

13.4 Data Export

Before termination, you may export your data using our export tools. After account deletion, we cannot guarantee data recovery.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Alabama, United States, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@wagware.com to attempt informal resolution. We will attempt to resolve disputes within 30 days.

14.3 Arbitration Agreement

If informal resolution fails, you agree that disputes will be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), rather than in court.

Exceptions: Either party may bring a claim in small claims court or seek injunctive relief in court for intellectual property infringement.

14.4 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action, consolidated action, or representative action.

14.5 Arbitration Costs

  • Each party pays their own attorneys’ fees
  • AAA filing fees and arbitrator costs are shared equally
  • If you prevail, we will reimburse your reasonable fees

14.6 Opt-Out

You may opt out of arbitration by emailing legal@wagware.com within 30 days of first accepting these Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wagware regarding Toucan Creator.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate.

15.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, war, pandemics, internet outages, etc.).

15.6 Export Compliance

You agree to comply with all export and import laws and regulations applicable to the Service.

15.7 Government Use

If you are a U.S. government entity, Toucan Creator is a “commercial item” as defined in FAR 2.101, and use is governed by these Terms.

15.8 Notice

Notices to you may be sent to your registered email address. Notices to us should be sent to:

Wagware Digital Solutions, LLC
Email: support@wagware.com

15.9 Language

These Terms are provided in English. Any translation is for convenience only. In case of conflict, the English version controls.

16. Contact Information

If you have questions about these Terms, please contact us:

Wagware Digital Solutions, LLC

Email: legal@wagware.com
Support: support@wagware.com
Website: http://wagware.com

17. Special Provisions for Enterprise/Team Plans

17.1 Team Accounts

If you use a team or enterprise plan:

  • Account owner is responsible for all team member activity
  • Account owner controls team member access and permissions
  • All team members must comply with these Terms

17.2 Enterprise Agreements

Enterprise customers may have separate written agreements that supplement or modify these Terms. In case of conflict, the enterprise agreement controls.

Acknowledgment

BY USING TOUCAN CREATOR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Toucan Creator is a product of Wagware Digital Solutions, LLC

© 2025 Wagware Digital Solutions, LLC. All rights reserved.

Version 1.0
Effective: 10/27/2025
Last Updated: 10/27/2025