Terms of Sale

1.General provisions

This document is a public offer by Evgenii Zakharov (Անհատ ձեռնարկատեր Եվգենի Զախարով Սերգեյի), an individual entrepreneur registered in the Republic of Armenia under state registration number 286.1480564, taxpayer identification number 40325938 ("we"), addressed to any business that wants to buy a paid plan of Tolkly ("you").

You accept the offer fully and without reservations by paying for a paid plan. The contract is concluded when the payment is completed. The Terms of Service, the Refund Policy and the Privacy Policy form part of the contract; the Terms of Service govern the use of the service on every plan, and this offer adds what concerns payment.

2.Definitions

• Service — Tolkly, the AI support chat and inbox at tolkly.io, app.tolkly.io and api.tolkly.io.
• Company — the account of a business in the Service: its sites, team, inbox and plan.
• Plan — paid access to the Service for one company for a billing period, with its limits.
• AI conversation — the unit a plan's limit counts: a conversation in which the AI gave at least one answer resting on a source, as defined on the plan page of the app. A conversation counts again when the AI answers 24 hours after its last counted answer, and for every further 10 answers resting on a source.
• Merchant of record — for card payments, Polar Software, Inc. (Delaware, USA), which sells access to the Service as our reseller.
• NowPayments — the provider that takes crypto payments for us; it is not a merchant of record.

3.Subject of the contract

We provide you with remote access to the features of the Service in online mode, in the scope of the chosen plan and for its billing period. This is a service related to software provided in online mode.

The contract is not a licence agreement. No copy of the software, source code or exclusive right is transferred to you; you use the Service as it runs on our infrastructure.

4.The free month

A company made at sign-up gets a free trial of 30 days first. No payment details are asked for at sign-up, so the trial never turns into a charge by itself: when it ends, the AI stops answering and your operators get every conversation until an owner chooses a paid plan.

5.Plans and prices

Plans are bought per company, not per operator or per site. Each plan has a monthly limit of AI conversations and, where stated, a limit of operators; a company holds up to 20 projects (sites or brands), and domains and mirrors are not limited. The limit is hard: when it is reached, the chat hands every conversation to your operators until the next calendar month, and nothing is charged on top. While a paid plan is active, an owner may buy more AI conversations in packs of 1,000 for $10; a pack is valid for the current calendar month.

Current plans, prices in US dollars and their limits are shown in the pricing section of tolkly.io and at checkout. The price and limits in effect at the moment of payment apply to that billing period. For card payments, taxes are calculated by the merchant of record based on your location and shown before you pay; a business with a valid VAT number may be charged without VAT where the law allows. For crypto payments, the receipt is issued by us, the seller named in this offer.

6.Payment

You pay in the app, on «Plan and limit», in one of two ways.

In crypto, through NowPayments. The contract of sale is concluded between you and us. A plan is paid one period ahead: you send the amount shown to the address shown, in the chosen currency and network. A payment up to $1 short of the price still pays the period.

By card, through our online reseller Polar Software, Inc. ("Polar"). Polar is the merchant of record for all our card orders: the contract of sale is concluded between you and Polar under the Polar Buyer Terms, and Polar handles payment, taxes, invoices and payment-related enquiries. We provide the Service to you under this offer and the Terms of Service.

Enterprise is agreed on a call and invoiced by agreement; the plan, the price and the period are then stated in the invoice, and this offer applies to the rest.

A paid plan starts once the payment is confirmed, usually within a few minutes.

7.Renewal and cancellation

A plan paid by card is a subscription. It renews automatically for a period equal to the first one, and the price of the plan is charged to the same card, until you cancel.

A plan paid in crypto is never charged or renewed by itself: it ends with its period unless an owner pays the next one. Owners are reminded 3 days before the period ends.

You can cancel a card subscription at any time in the app («Plan and limit», «Stop renewal»), in the Polar customer portal linked from the order confirmation email, or by writing to support@tolkly.io. Cancellation takes effect at the end of the current billing period: the plan stays until then, and no further charges are made. After that the AI stops answering and your operators get every conversation; your projects, knowledge, conversations and team stay.

If a card renewal payment fails, Polar may retry it; the AI may stop answering until the payment succeeds or the subscription ends.

If we change the price of a plan, we tell the company's owners by email at least 30 days before the change applies to its next renewal, so they can cancel beforehand.

8.Provision of the service

The service is provided continuously during the billing period, from the moment the plan starts. No acceptance certificates are signed: the records of the Service and the payment records of the merchant of record or of NowPayments confirm that the service was provided.

If the Service is unavailable to you through our fault, write to support: we restore it and extend the period by the time lost, or refund that part of the payment.

9.Refunds

Refunds are made under the Refund Policy, which forms part of this offer: in short, payments are not refunded, except a charge made by mistake and the unused part of a period when we stop providing the Service.

10.Obligations of the parties

We provide the Service in the scope of the plan and keep the limits stated at the moment of payment for the paid period, and answer enquiries sent to support.

You pay for the plan, use the Service in line with the Terms of Service and keep the accounts of your team secure.

11.Liability

Liability is governed by the Terms of Service, including its limitation.

Neither party is liable for failure to perform caused by circumstances beyond its reasonable control, such as outages of internet or infrastructure providers, blocking of services by public authorities, sanctions, natural disasters or armed conflicts, for as long as they last. If such circumstances stop the Service for more than 30 days, we refund the unused part of the paid period on request.

12.Term of the contract

The contract is in force while a paid period runs; for a card subscription, until it is cancelled and the current period ends. Obligations relating to refunds, liability and disputes survive its end.

13.Changes to the offer

We may change this offer by publishing a new version on this page. The version in effect at the moment of payment applies to that payment; changes to renewing subscriptions follow the notice rules above and in the Terms of Service.

14.Governing law and disputes

The contract is governed by the law of the Republic of Armenia. Before going to court, send a claim to support@tolkly.io: we reply within 10 business days. Disputes are resolved by the competent courts of the Republic of Armenia.

This offer is published in English and Russian. For payments made on the Russian version of the site, the Russian text prevails; otherwise the English text prevails.

15.Seller details