Terms of Service
1. About these Terms
These Terms of Service are the agreement between you and Toolum about how we work together. We've tried to keep them readable. They sit alongside our Privacy Policy, our AI Transparency Statement, and a small set of other documents that explain specific things in detail — together they form the full picture of what you can expect from us, and what we ask from you in return.
If you came here looking for a specific answer, the section list below points to the section that covers it. If you want the full picture, the document reads start to finish in about twenty-five minutes.
1.1 Who these Terms apply to
These Terms apply to:
- Visitors to our marketing site and any public Toolum surfaces;
- Builders — registered users who create projects, generate content, or export code through Toolum;
- Paid Builders — Builders on any paid tier (Builder, Scale, or Custom) who hold an active subscription with Toolum.
These Terms apply from the moment you start using Toolum. By creating an account or by making a purchase, you confirm that you have read these Terms and agree to be bound by them.
1.2 Who we are
Toolum is provided by:
Kirill Maximenko (Cyprus self-employed entity)
Tax Identification Number: 60056031S
Address: 3 Evagora Pitali, 4040 Germasogeia, Limassol, Cyprus
Email: info@toolum.ai
For the purposes of these Terms, references to "Toolum," "we," "us," and "our" refer to the entity above. References to "you" and "your" refer to the Visitor, Builder, or paid Builder accessing the Service.
1.3 What Toolum is
Toolum is an AI-powered no-code builder for digital products. Builders use Toolum to design and generate application mockups, design systems, content, and exportable code through natural-language prompts and visual editing. The platform combines large language model inference, a curated reference library spanning many industries, and a visual editor that runs in your browser.
When these Terms refer to "the Service" or "Toolum," they mean the platform described above, including the marketing site, the application, the application programming interface, and the supporting infrastructure.
1.4 How these Terms relate to other documents
These Terms are the master agreement. They are complemented by the following documents, each of which addresses a specific subject in detail:
- Privacy Policy — how we process Personal Data;
- Cookie Policy — specific disclosure about cookies and similar technologies;
- Refund Policy — the framework for refunds across the three categories that apply to Toolum's commercial structure;
- Data Processing Addendum (DPA) — for Builders processing Personal Data of their own end-users through Toolum;
- Subprocessor List — the current third-party services that process Personal Data on Toolum's behalf;
- AI Transparency Statement — detailed disclosure of how AI inference works on Toolum;
- Acceptable Use Policy (AUP) — the uses of Toolum (and of AI outputs) that we don't allow.
Where these Terms and any of those documents conflict on a specific point, these Terms prevail for the contractual relationship between you and Toolum, and the more specific document prevails on its specific subject matter. The Data Processing Addendum prevails on matters of Personal Data processing for Builders acting as data controllers.
1.5 Key terms used in these Terms
- Builder — a registered user of Toolum.
- Blueprint — a project, design, generated specification, or code artifact produced through Toolum by a Builder.
- Service — the Toolum platform as described in Section 1.3.
- Customer Content — the prompts, conversation history, project structure, uploaded files, generated outputs, and project metadata that you create or upload through Toolum.
- AI Credit Bundle — the prepaid allocation of AI inference capacity included with each paid tier, consumed as you make AI requests through the Service.
- Code Export Entitlement — the right, available on certain tiers, to export the source code of your Blueprints in deployable form.
- Output — the response Toolum receives back from an AI provider after inference: code, design tokens, copy, images, or other artifacts.
- Subscription Period — the calendar month between two consecutive billing dates on your account.
- AI provider — a third-party company whose foundation models Toolum routes requests to (Anthropic, OpenAI, Google — see Section 5 and the AI Transparency Statement).
- Subprocessor — a third-party service engaged by Toolum to process Personal Data on our behalf, listed in the Subprocessor List.
2. The Service
This section describes what Toolum does, what the Service surfaces are, and who can use it.
2.1 What Toolum does
Toolum uses AI for the following functions:
- Blueprint generation — converting your natural-language description of a digital product into a structured project: screens, navigation, components, data models, and behavior;
- Code generation — producing exportable source code from your Blueprint, in the target framework you have selected;
- Visual asset generation — generating icons, avatars, and other visual elements when you have not supplied them as part of a brand kit;
- Design system generation — proposing color palettes, typography scales, and component tokens based on your prompt and the references in our curated library;
- Content generation — drafting placeholder copy, marketing-style text, and similar editorial content for your Blueprint;
- In-editor assistance — answering questions you ask in the chat panel, suggesting refinements to existing components, and helping you debug your Blueprint.
The full technical detail of how each of these AI-driven functions works is in our AI Transparency Statement.
2.2 What Toolum does not do
For clarity, Toolum does not:
- Decide what you can or cannot build (content moderation of your prompts and outputs happens at the AI provider safety layer, not at a Toolum-operated decision gate — see AI Transparency Statement Section 2.2);
- Build behavioral or psychological profiles of Builders;
- Make pricing, plan, or commercial decisions on an individual Builder basis;
- Train, fine-tune, or improve any model on your Customer Content;
- Provide hosting for the apps you build with Toolum (you export the code and deploy it yourself, or to a hosting provider you choose);
- Provide professional legal, medical, financial, or other regulated advice (see Section 18.4).
2.3 The application surface
The Service is available at the following URLs:
- Marketing site: https://toolum.ai
- Application: https://app.toolum.ai
2.4 Eligibility
Toolum is available to natural persons aged sixteen (16) or older, in accordance with Section 4(1)(c) of the Cyprus Law on Protection of Natural Persons against the Processing of Personal Data (Law 125(I)/2018), which implements GDPR Article 8(1).
If you are under sixteen, please do not create a Toolum account. In jurisdictions where a higher minimum age applies (for example, eighteen in some countries), the higher minimum age applies to Builders habitually resident in those jurisdictions.
Toolum is intended for use by individuals on their own behalf, or by individuals authorized to act on behalf of a business. By creating an account, you confirm that you meet the eligibility requirements above and, where you are acting on behalf of a business, that you have authority to bind that business to these Terms.
2.5 Service evolution
The Service evolves continuously. We add features, fix bugs, ship UI improvements, deprecate features that are no longer used, and adjust the architecture as we learn what Builders need. For routine, non-disruptive changes, we ship without separate notice. For changes that materially affect the functionality you use or the tier you subscribe to, we follow the notice procedure described in Section 14.
3. Your account
This section covers the registration process, account credentials, account security, and how accounts are opened and closed.
3.1 Creating an account
You create a Toolum account by:
- Providing an email address and choosing a password; or
- Authenticating through a supported third-party identity provider (currently Google OAuth).
The Personal Data collected at registration, the legal basis on which we process it, and the retention period that applies are described in our Privacy Policy, Sections 2.1 and 8.
3.2 Eligibility confirmation
By creating an account, you confirm that you meet the eligibility requirements in Section 2.4. Toolum does not currently require documentary age verification; we rely on your confirmation. If we have reason to believe an account is held by a person below the applicable minimum age, we will follow the procedure in our Privacy Policy Section 12.
3.3 Account credentials
You are responsible for keeping your account credentials private and for all activity that occurs under your account. Specifically:
- Use a strong, unique password;
- Do not share your account credentials with others;
- Notify us promptly at info@toolum.ai if you suspect unauthorized access to your account.
The security measures Toolum itself applies are described in our Privacy Policy Section 9. Account security is a shared responsibility; the credential side rests with you.
3.4 One account per person
Each natural person may hold one (1) Toolum account at a time. Creating multiple accounts to circumvent tier ceilings, free-tier limits, or any other Service restriction is a violation of these Terms and of our Acceptable Use Policy.
To protect the Service and the free tier for legitimate Builders, Toolum operates an abuse-prevention system described in our Privacy Policy Section 3.4. That system processes technical signals — including IP address, autonomous system number, geographic location, and account-creation and login patterns — to identify clusters of accounts associated with mass-registration abuse. As Toolum's anti-abuse capability is phased in (see Privacy Policy Section 3.4), additional device-level signals such as browser fingerprinting and network-reputation detection will be incorporated. Accounts identified as part of such a cluster may be suspended or closed. Your right to request human review of any such decision is preserved under GDPR Article 22 and is described in our Privacy Policy Section 13.
3.5 Account information accuracy
You agree to keep the contact information on your account accurate and current — in particular, your email address. We use that email address to send transactional notices, security alerts, billing notifications, material changes to these Terms or our Privacy Policy, and material changes to the Service.
If your account email becomes invalid and we lose the ability to reach you, you remain bound by these Terms and by any notice properly sent to the last email address on file.
3.6 Closing your account
You can close your Toolum account at any time through your Builder profile. When you close your account:
- Your active subscription, if any, ends at the end of the current Subscription Period;
- Unused AI Credits in the current Subscription Period are eligible for pro-rata refund under our Refund Policy Section 3.1;
- If you have a Code Export Entitlement and have not yet exercised it in the current Subscription Period, you may export your Blueprints during the thirty (30) days following account closure;
- Your data is handled per our Privacy Policy Section 8, including the post-deletion retention windows specified there.
4. Tiers, billing, and payments
This section describes Toolum's commercial structure: the available tiers, what each tier includes, how billing works, and how payments are processed.
4.1 The Free tier
Toolum offers a Free tier so that you can evaluate the platform before committing to a paid plan. The Free tier includes one (1) AI Credit for preview Blueprint generation. Code Export is not included on the Free tier. The Free tier is subject to the abuse-prevention system described in Section 3.4 and is intended for evaluation purposes only.
4.2 The paid tiers
The paid tiers and their inclusions are as follows:
| Tier | AI Credits per month | Price per month | Code Export |
|---|---|---|---|
| Free | 1 (preview only) | €0 | ❌ |
| Starter | 100 | €25 | ❌ |
| Builder | 400 | €100 | ✅ |
| Scale | 800 | €200 | ✅ |
| Scale | 1,600 | €400 | ✅ |
| Scale | 3,200 | €800 | ✅ |
| Scale | 6,400 | €1,600 | ✅ |
| Custom | Negotiated | Contact info@toolum.ai | Negotiated |
The tier you choose at registration or at upgrade determines your AI Credit allocation and whether the Code Export Entitlement is included. The pricing displayed on the Toolum pricing page is the total price you will be charged, exclusive of any applicable taxes, which are calculated at checkout (see Section 4.6).
4.3 What AI Credit Bundles are
AI Credits are the unit by which AI inference capacity is measured on Toolum. Each AI request you make through the Service consumes one or more AI Credits, depending on the size and complexity of the request and the AI model selected. Credit consumption rates per request type are documented on the Toolum pricing page and may be updated as the Service evolves; we provide notice of material changes per Section 14.
Under European Union consumer law, an AI Credit Bundle is digital content not supplied on a tangible medium within the meaning of Article 16(m) of Directive 2011/83/EU (the EU Consumer Rights Directive). The refund framework that applies to AI Credit Bundles is described in our Refund Policy Section 3.1.
Unused AI Credits do not roll over to the next Subscription Period. Your monthly Credit allocation refreshes at the start of each Subscription Period.
4.4 What the Code Export Entitlement is
The Code Export Entitlement is the right, available on the Builder €100 tier and all higher tiers, to export the source code of your Blueprints in deployable form. The Entitlement gives you:
- Downloadable source code archives in ZIP format;
- Optional Git push to a repository you control (GitHub, GitLab, or other supported provider);
- Project-specific assets associated with your Blueprint.
You own the exported code, subject to the limitations described in Section 6 (Customer Content) and in our AI Transparency Statement Section 7.
Under EU consumer law, the Code Export Entitlement is a digital service within the meaning of Article 16(a) of Directive 2011/83/EU. Section 9 of these Terms describes the consent gate that applies before your first Export in a Subscription Period and the consequences for the EU 14-day withdrawal right.
4.5 Payment processing
Payments for paid tiers are processed by Stripe Payments Europe Ltd. (Ireland), our payment processor. Stripe acts as an independent controller for payment data and is described in our Subprocessor List Section 5.3 and in our Privacy Policy Section 2.4.
Toolum never sees, receives, or stores your card number. We receive only the summary records we need for accounting, fraud prevention, and Service delivery — subscription status, transaction amounts, invoice metadata.
4.6 Currency, taxes, and pricing displayed
Prices on the Toolum pricing page are displayed in Euro (EUR). Stripe handles the currency conversion to your local currency at checkout if you pay in a different currency; conversion is done at Stripe's published exchange rate at the time of payment.
Toolum is currently operating below the Cyprus VAT registration threshold and therefore does not charge VAT on Service fees. If Toolum's turnover exceeds the registration threshold and we are required to register for VAT under Cyprus law, we will notify Builders at least thirty (30) days before VAT is added to invoices, and the pricing displayed on the pricing page will be updated to reflect the VAT-inclusive total. EU consumer law requires that any tax-inclusive price be displayed clearly before purchase; we honor that requirement.
For Builders in jurisdictions with their own consumption taxes (sales tax, GST, etc.), responsibility for any such tax that may apply on the consumer side rests with the Builder, except where applicable law requires Toolum to collect it.
4.7 Subscription renewal
Transitional note (as of the Effective Date above): Automated subscription billing — including auto-renewal, the renewal notification email, self-service cancellation through billing settings, and the failed-payment handling described in Section 4.9 — activates together with Toolum's payment system. Until then, paid plans are arranged manually; to start, change, or cancel a plan, contact us at info@toolum.ai. We will update these Terms when automated billing goes live.
Paid subscriptions automatically renew at the end of each Subscription Period at the then-current price for the same tier, unless you cancel before the renewal date. We send a renewal notification email to the address on your account at least seven (7) days before the renewal charge. The notification includes:
- The renewal date;
- The renewal amount and currency;
- The applicable tier and its inclusions;
- A direct link to your billing settings if you wish to change tier, cancel, or update payment method.
You can cancel a renewal at any time through your billing settings. Cancellation takes effect at the end of the current Subscription Period; you retain access to the tier features until then.
4.8 Tier upgrades and downgrades
Upgrades take effect immediately. When you upgrade mid-cycle, you receive a fresh AI Credit allocation for the new tier and immediate unlock of any tier features (including the Code Export Entitlement if your new tier includes it). Pricing for the new tier applies from the upgrade date, prorated for the remainder of the Subscription Period.
Downgrades take effect at the end of the current Subscription Period. You retain the higher-tier features and AI Credit allocation until the downgrade takes effect. After downgrade, your AI Credit allocation matches the new lower tier, and any features exclusive to the previous higher tier (including the Code Export Entitlement if the new tier does not include it) become inaccessible. Code already exported during the previous Subscription Period remains yours per Section 6 — downgrade does not retroactively revoke your ownership of previously exported Blueprints.
4.9 Failed payments
If a renewal charge fails, Stripe will retry the charge according to its standard retry sequence (typically over a period of approximately seven days). During that retry period, Service access continues with the AI Credits remaining from the prior Subscription Period.
If all retry attempts fail and the new Subscription Period begins without successful payment, the new period does not trigger a fresh AI Credit allocation. Your account moves to a restricted-access state with the following limits, which remain in place until payment is restored:
- Read-only access to your existing Blueprints is available so that you do not lose visibility into your work;
- AI generation is paused — the chat panel and any AI-driven Blueprint actions are unavailable;
- Code Export is paused — new Exports cannot be initiated;
- No new Blueprint creation is available.
To restore full Service access, update your payment method in your billing settings. Once the renewal charge succeeds, your AI Credit allocation for the new Subscription Period is applied and all paused functions become available immediately.
If payment is not restored within fourteen (14) days of the failed renewal, Toolum may suspend or close the account per Section 15 (Suspension and termination). Closure follows the data handling described in our Privacy Policy Section 8.
4.10 Refunds
The framework for refunds is described in our Refund Policy. In summary:
- Category A — Unused AI Credits are refundable on a pro-rata basis within fourteen (14) days of purchase;
- Category B — The Code Export Entitlement is refundable only if you have not exercised it in the relevant Subscription Period (see Section 9);
- Category C — Service defects are refundable in full, with no time limit, when Toolum materially fails to deliver the Service per these Terms (see Section 13.6).
To request a refund, contact info@toolum.ai. We respond within fourteen (14) days.
5. AI processing
AI is the engine that makes the rest of Toolum possible. Because it is central to what we do, we have written a separate AI Transparency Statement that covers the technical detail — which providers we route to, what we send them, what they do with it, what retention windows apply, and where you sit in control of all of that. This section summarizes the key facts and points you to the full statement.
5.1 Three providers
Toolum does not train or operate its own foundation models. Every AI-generated output you receive is produced by a third-party inference provider. We currently engage three providers, organized as a primary plus fallback chain to maintain Service availability:
- Anthropic (Claude models) — primary provider for most Builder interactions;
- OpenAI (GPT models) — fallback when the primary provider is unavailable or rate-limited;
- Google (Gemini models) — secondary fallback.
The full identities, locations, and transfer mechanisms are listed in our Subprocessor List Section 5.1 and in our AI Transparency Statement Section 3.
5.2 What we send
When you submit a prompt, Toolum constructs the request that is sent to the active provider. That request contains your prompt text, the relevant conversation history from your current session, project context that Toolum has built from your Blueprint, and operational metadata required by the provider's API. We do not transmit your account identifier, your email, your billing information, or any other Personal Data unrelated to the generation request. The full description is in our AI Transparency Statement Section 4.
5.3 What providers do with it
All three providers are accessed under their commercial API terms. Under those terms, by default, inputs and outputs are not used to train, fine-tune, or improve the provider's models, and are retained only for short operational windows (typically up to thirty days) for abuse detection and incident response. Full detail is in our AI Transparency Statement Section 5.
5.4 Outputs and ownership
You own the AI-generated outputs Toolum produces for you. "Ownership is the product" is one of our brand commitments and it shows up in these Terms. The full description of output ownership, including the specific rights you have over exported code, design assets, and content, is in our AI Transparency Statement Section 7.1 and in Section 6 of these Terms.
5.5 Limitations of AI outputs
AI systems are powerful and they are also fallible in specific ways that you should understand before relying on their outputs. The limitations — hallucinations and factual errors, bias, code quality caveats, the recommendation to treat every output as a proposal subject to human review — are described in our AI Transparency Statement Section 8.
The disclaimers in Section 18 of these Terms apply to all AI outputs.
5.6 Where to read more
For the full technical description of how AI works inside Toolum, see our AI Transparency Statement.
6. Customer Content & ownership
This section is about the substance of what you create on Toolum — your prompts, your Blueprints, your generated outputs — and the rights that attach to each.
6.1 What Customer Content means
"Customer Content" means everything that you put into Toolum or that Toolum produces for you in response. Specifically:
- The natural-language prompts you submit;
- Your conversation history with Toolum's AI assistants;
- Project structure, design system definitions, screen layouts, components, data models, and behavior specifications;
- Files you upload (images, documents, brand kits, asset libraries);
- AI-generated outputs returned to you: code, design tokens, copy, images, and other artifacts;
- Project metadata: project name, creation and update timestamps, collaborators.
6.2 You own your Customer Content
You own your Customer Content. Toolum does not acquire any ownership interest in your prompts, your Blueprints, your generated outputs, or your uploaded files. Toolum does not retain a claim on your Blueprints or on the commercial products you build from them.
This commitment is unconditional. It applies on every tier, including the Free tier. It applies regardless of whether you have exported code or have not. It applies whether or not you continue to use Toolum after creating the Customer Content.
6.3 What you commit to Toolum
By submitting Customer Content to Toolum, you represent and warrant that:
- You have all rights necessary to submit the Content — for example, you own the uploaded files, or you have permission from the rights holder, or the Content is in the public domain;
- Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
- Your Content does not violate any applicable law and does not violate our Acceptable Use Policy.
If you submit Customer Content that contains Personal Data of other individuals — for example, you upload a sample user list while prototyping an app — you are the data controller of that Personal Data and Toolum acts as your data processor. The terms governing that relationship are in our Data Processing Addendum.
6.4 AI-generated outputs ownership
The AI-generated outputs Toolum produces for you are part of your Customer Content. Specifically:
- The code Toolum exports to you is yours to use, modify, deploy, ship, sublicense, and sell in the products you build, without paying Toolum royalties on those products;
- The design system, visual assets, and content Toolum generates for you are yours under the same terms.
The full description of AI output rights, including the optional comment headers and README badges that ship with exported code by default and which you may remove, is in our AI Transparency Statement Section 7.
6.5 No warranty of originality
AI-generated content can resemble existing works. This is a structural property of how large language models work — they have been trained on vast corpora, and their outputs reflect patterns learned from that training. We make no warranty that any AI-generated output is original, novel, or free of similarity to existing works.
Generated code may resemble code patterns that exist in public repositories or common tutorials. Generated design assets may resemble visual styles common to a given industry or aesthetic category. Generated text may include phrasings common to the topic being written about.
If you intend to publish, ship, or commercially exploit an AI-generated output in a way that requires originality — for example, as part of a trademark application or a copyrighted brand asset — you should conduct an independent review of the specific output before doing so. Toolum does not perform that review on your behalf. The full discussion of this point is in our AI Transparency Statement Section 7.2.
6.6 Sample data and Blueprint showcase
Toolum may, from time to time, wish to showcase Builder-created Blueprints in marketing materials, case studies, or other promotional contexts. We do not do this by default. If we ever wish to feature your Blueprint or other Customer Content in our marketing, we will ask for your explicit written consent first, and we will identify the specific Content and the specific use we have in mind. You can decline; declining does not affect your Service in any way.
6.7 If your Customer Content includes Personal Data of others
When your Customer Content includes Personal Data of natural persons other than yourself — for example, sample user records you upload while prototyping, or contact data you reference in a generated copy block — you are the data controller of that Personal Data within the meaning of GDPR Article 4(7), and Toolum acts as your data processor under GDPR Article 28. The processing terms that govern this relationship are in our Data Processing Addendum.
This includes your responsibility to: (a) have a lawful basis for processing the Personal Data you upload; (b) provide any disclosures to data subjects that GDPR requires; and (c) honor data subject rights with respect to that Personal Data.
7. License you grant to Toolum
This section is the legal basis for what Toolum does with your Customer Content to operate the Service.
7.1 The license you grant
You grant Toolum a limited, non-exclusive, royalty-free, worldwide license to your Customer Content, solely to the extent necessary for Toolum to provide the Service to you. This license:
- Begins when you submit the Customer Content;
- Ends when you delete the Content or close your account, subject only to the post-deletion retention windows disclosed in our Privacy Policy Section 8;
- Does not transfer ownership of the Content to Toolum;
- Does not give Toolum any right to use the Content for purposes outside the operation of the Service.
7.2 What this license is for
The license in Section 7.1 covers:
- Storing your Content on Toolum's infrastructure;
- Transmitting your Content to the AI providers identified in our AI Transparency Statement Section 3, for the purpose of generating outputs in response to your prompts;
- Backing up your Content for operational resilience;
- Rendering your Content to you in the editor;
- Exporting your Content to you in the formats supported by the Service.
7.3 What this license is not for
The license in Section 7.1 does not authorize Toolum to:
- Acquire ownership of your Customer Content (you retain ownership per Section 6.2);
- Use your Customer Content for marketing, case studies, or other promotional purposes without your explicit consent under Section 6.6;
- Train, fine-tune, or improve any AI model on your Customer Content, whether Toolum's own systems or those of any AI provider (see AI Transparency Statement Section 2.2);
- Sell, rent, sublicense, or otherwise transfer your Customer Content to any third party except for the Subprocessors specifically described in our Subprocessor List.
7.4 Sublicensing to Subprocessors
The license in Section 7.1 includes the right for Toolum to grant onward limited licenses to the Subprocessors listed in our Subprocessor List, strictly to the extent each Subprocessor needs in order to perform its specific role in delivering the Service. Each Subprocessor is bound by a Data Processing Agreement consistent with GDPR Article 28, which restricts the Subprocessor's use of your Content to documented Toolum instructions.
7.5 Termination of the license
The license in Section 7.1 terminates automatically when you delete the relevant Customer Content or close your account. The retention windows disclosed in our Privacy Policy Section 8 — for backup hygiene, for tax-record retention, for audit-log retention — apply after termination of the license; during those windows, residual Content may exist on Toolum's systems but is not actively processed for any purpose other than the specific operational purpose for which that window exists.
8. License Toolum grants to you
This section covers your right to use the Service and the limits on that right.
8.1 The license we grant
Toolum grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms, for the duration of your active subscription (or, for Free tier Builders, for as long as your account remains active and in good standing).
8.2 Restrictions
You agree not to:
- Reverse engineer, decompile, or disassemble any part of the Service except to the extent that applicable law expressly permits despite this restriction;
- Circumvent or attempt to circumvent the tier ceilings, AI Credit limits, rate limits, or any other technical or commercial controls of the Service;
- Scrape, harvest, or otherwise extract content from the Service through automated means, except for content that you have created or that Toolum has explicitly made available for automated retrieval;
- Create multiple accounts to evade tier limits, Free-tier restrictions, or any other Service constraint (see Section 3.4);
- Use the Service in any way that violates our Acceptable Use Policy.
8.3 Reservation of rights
Toolum retains all rights, title, and interest in and to the Service that are not explicitly granted to you in these Terms. This includes, without limitation:
- Toolum's brand assets — name, logos, marks, visual identity, marketing materials;
- The Service software and infrastructure;
- Toolum's curated industry reference library (the structured lookup table described in our AI Transparency Statement Section 6);
- All other intellectual property associated with the Service that is not Customer Content.
The Customer Content rights described in Section 6 are unaffected by this reservation; you retain ownership of your Customer Content as specified there.
9. Code Export Entitlement specifics
This section is the detailed framework for the Code Export Entitlement — what it includes, when it is available, the consent gate that applies before your first Export in each Subscription Period, and the consequences for refund rights.
9.1 What Code Export gives you
The Code Export Entitlement gives you:
- The right to download the source code of your Blueprints in deployable form, as a ZIP archive;
- The right to push the source code of your Blueprints to a Git repository you control (currently supported: GitHub, GitLab, and other providers documented on the Toolum pricing page);
- The right to retrieve the project-specific assets associated with your Blueprint (images, fonts, configuration files);
- Unlimited Exports during each Subscription Period on which your tier includes the Entitlement.
9.2 What is included in each Export
Each Export includes the source code of your Blueprint plus any project-specific assets. By default, the Export also includes the optional transparency markings described in our AI Transparency Statement Section 7.4:
- A comment header at the top of each source code file, identifying the file as Toolum-generated and noting that the header may be removed without affecting the code;
- A short provenance line in the generated README.md file, stating that the project was generated by Toolum and linking to our AI Transparency Statement;
- Toolum does not currently generate image assets through AI inference; visual elements are composed from a curated icon library. If Toolum adds AI image generation in the future, generated images will include provenance metadata (C2PA / IPTC standards where the file format supports them), and we will update these Terms accordingly.
You may manually remove the comment headers or the README provenance line from any exported file without consequence. These markings are plain, visible text and carry no hidden signals.
9.3 Tiers that include Code Export
The Code Export Entitlement is included on the following tiers per Section 4.2: Builder €100, Scale €200, Scale €400, Scale €800, Scale €1,600, and Custom (subject to the negotiated terms of that tier). The Free tier and the Starter €25 tier do not include the Code Export Entitlement.
9.4 Consent gate before your first Export
Before your first Code Export in any given Subscription Period, Toolum will present you with a consent dialog in the editor. The dialog will explain the following and ask for your explicit acknowledgment:
"By proceeding with this Export, you give your express prior consent for Toolum to begin performance of the Code Export service during the European Union's fourteen-day withdrawal period that would otherwise apply to your Code Export Entitlement for this Subscription Period. You acknowledge that, once you proceed and the Export is performed, you will lose your right to withdraw from the Code Export Entitlement for this Subscription Period under Article 16(a) of Directive 2011/83/EU and the corresponding provisions of Cyprus consumer law."
The acknowledgment is a single click. If you do not provide the acknowledgment, the Export is not performed and your Code Export Entitlement for the Subscription Period remains within the EU 14-day withdrawal window per our Refund Policy Section 3.2. You retain full access to AI Credit Bundles and to all other features of your tier; only the Code Export action is paused until you either acknowledge or wait out the 14-day window.
The consent gate is presented once per Subscription Period. If you exercise the Code Export Entitlement in a Subscription Period, the consent applies to all subsequent Exports in that same Subscription Period. The consent gate is presented again at the start of each new Subscription Period.
9.5 Post-Export refund status
Once you have provided the consent in Section 9.4 and Toolum has performed the Export (delivery of the ZIP archive has begun, or the Git push has been initiated), the Code Export Entitlement for that Subscription Period is fully performed and is no longer refundable. This is described in detail in our Refund Policy Section 3.2 (Category B).
This non-refundability applies only to the Code Export Entitlement for the affected Subscription Period. Your AI Credit Bundle for that Subscription Period remains refundable on a pro-rata basis for unused Credits per Refund Policy Section 3.1 (Category A), and the Service defects refund right per Refund Policy Section 3.3 (Category C) is unaffected.
9.6 What we don't guarantee about exported code
Exported code is starting-point code. It compiles, it runs, and in many cases it does exactly what you wanted. The specific limitations Toolum does not warrant against — security audit, performance optimization, accessibility compliance, internationalization readiness — are described in our AI Transparency Statement Section 8.4. Before deploying exported code to a production environment serving real users, we strongly recommend that you review the relevant aspects of the code for your specific use case.
9.7 Your ownership of exported code
Code you export from Toolum is yours, as described in Section 6.4 of these Terms and in our AI Transparency Statement Section 7.1. There is no Toolum royalty on products you ship from exported code. There is no Toolum claim on the architecture of products you build. There is no future Toolum right of recall on exported code. The Export delivers ownership cleanly.
10. Acceptable Use
This section is a short summary of our Acceptable Use Policy; the full set of prohibited and restricted uses is in our Acceptable Use Policy, which forms part of these Terms.
10.1 What we don't allow
Toolum is built for Builders working in good faith. We do not allow use of the Service for:
- Illegal content under applicable law, including but not limited to child sexual abuse material, content promoting terrorism, and content infringing third-party intellectual property rights;
- Abuse of other individuals — harassment, stalking, doxxing, threatening content, non-consensual intimate imagery;
- Circumventing tier ceilings, AI Credit limits, or any other Service control;
- Reverse engineering the Service or its underlying AI provider integrations;
- Sending spam, phishing content, or content intended to defraud;
- Building or operating apps that themselves violate applicable law or these prohibitions.
10.2 Where the full list lives
The complete and current list of prohibited and restricted uses is in our Acceptable Use Policy. The list there is more detailed than this summary; in case of conflict between Section 10.1 above and the AUP, the AUP prevails.
10.3 Consequences of AUP violation
Violations of the AUP may result in: a warning; suspension of your access to part or all of the Service; closure of your account; and, where applicable, reporting to competent authorities. The procedure that applies is described in Section 15 (Suspension and termination).
11. Toolum-provided third-party services
This section discloses Toolum's reliance on third-party services to deliver the Service, and what that reliance means contractually.
11.1 Subprocessors generally
To deliver the Service, Toolum engages third-party providers ("Subprocessors") that process Personal Data on Toolum's behalf and on Toolum's documented instructions. Each Subprocessor is bound by a Data Processing Agreement consistent with GDPR Article 28. The current Subprocessors are listed in our Subprocessor List, which forms part of these Terms.
11.2 AI providers specifically
The AI inference providers — Anthropic, OpenAI, and Google — are Subprocessors for the specific purpose of providing AI inference capacity to Toolum. Their roles, locations, and the data transfer mechanisms that apply are described in our Subprocessor List Section 5.1 and in our AI Transparency Statement Section 3.
11.3 Payment processor
Stripe Payments Europe Ltd. is our payment processor. With respect to payment data — card numbers, billing addresses, transaction details — Stripe acts as an independent data controller, not as a Toolum processor. Stripe's processing of payment data is governed by Stripe's own privacy policy at https://stripe.com/privacy. Toolum's role with respect to payment data is described in our Privacy Policy Section 2.4.
11.4 General written authorization for Subprocessor engagement
By accepting these Terms, you provide a general written authorization for Toolum to engage the Subprocessors listed in our Subprocessor List, and to add or replace Subprocessors as the Service evolves. This authorization is consistent with GDPR Article 28(2) and is described in detail in our Subprocessor List Section 3.
The notice we provide for material Subprocessor changes — at least fourteen (14) days in advance, through an update to the Subprocessor List page, an email to your account, or an in-product notification — is described in our Subprocessor List Section 3. If you object to a Subprocessor change on reasonable grounds, you may terminate your subscription before the change takes effect and request a pro-rata refund of unused AI Credits per our Refund Policy Section 3.1.
11.5 Third-party deployment targets
When you export code from Toolum, you may deploy that code to hosting providers, Git repositories, app stores, or other third-party services of your choice. Those services are not Subprocessors of Toolum; they are services you engage independently, under their own terms. Toolum is not responsible for the availability, security, or terms of any third-party deployment target you choose. Your relationship with those services is governed by their respective agreements with you.
12. Beta features
From time to time, Toolum makes early-access features available to Builders so that we can gather feedback before general release. This section is the framework for using those features.
12.1 What Beta or Preview means
A feature identified as "Beta" or "Preview" in the Service is a feature that is in development. Beta features may be incomplete, may contain bugs, may behave differently from their final form, and may be modified, restricted, or removed by Toolum at any time without notice. Beta features are made available for evaluation purposes only.
12.2 Opt-in basis
Beta features are made available to Builders who opt in. By default, Beta features are off. You can opt in to Beta features through your Builder profile; you can opt out at any time through the same interface.
12.3 No warranty for Beta features
Beta features are provided on an "as is" and "as available" basis. Notwithstanding any other provision of these Terms, Toolum makes no warranty of any kind with respect to Beta features — no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of availability, no warranty of uninterrupted operation, and no warranty that the Beta feature will be released in any form at all. Beta features are not subject to any service level commitment and Toolum does not provide support for Beta features through standard support channels.
12.4 Beta feedback
If you provide Toolum with feedback, suggestions, or bug reports about a Beta feature, Toolum may use that feedback without restriction and without obligation to you, including for the purpose of refining the Beta feature, designing new features, or otherwise improving the Service.
12.5 Liability cap for Beta features
Notwithstanding any other provision of these Terms, Toolum's aggregate liability for any claim arising from your use of a Beta feature is limited to one hundred euros (€100). This cap applies to all claims arising from Beta features in the aggregate, not per claim or per Beta feature. The general liability cap described in Section 19 does not apply to claims arising from Beta features; this €100 cap applies instead.
13. Service availability and SLA
This section is honest about what we commit to and what we don't, with respect to Service uptime and availability.
13.1 What "available" means
Toolum aims to make the Service available twenty-four hours a day, seven days a week. We do not guarantee that the Service will be available without interruption, that it will be free of bugs or errors, or that any specific feature will work without occasional disruption. The Service runs on infrastructure that includes components owned by us and components provided by third parties, and disruptions can originate at any layer of that stack.
13.2 Planned maintenance
For planned maintenance that affects Service availability, we publish a maintenance notice in advance through one or more of the following channels: the Toolum status page, in-product notifications, or an email to your account. Most maintenance windows are non-disruptive and require no notice; deployment of routine updates is continuous and transparent.
13.3 Unplanned outages
When the Service experiences an unplanned outage, our objective is to restore Service as quickly as reasonably possible. We post status updates through the Toolum status page where possible. After significant incidents, we publish a post-incident summary describing what happened, what we did, and what we are changing to reduce the likelihood of recurrence.
13.4 AI provider availability
The Service depends on third-party AI providers (see Section 5 and our AI Transparency Statement Section 3). When those providers experience outages, degraded performance, or rate-limit Toolum's traffic, AI features may be temporarily affected. Our multi-provider fallback chain (Anthropic primary, OpenAI fallback, Google secondary fallback) reduces the likelihood that a single-provider outage will disrupt your work, but it does not eliminate that possibility, and a sufficiently widespread outage affecting multiple providers concurrently can still affect AI features.
13.5 No formal SLA for consumer tiers
The Free, Builder, and Scale tiers do not include a formal Service Level Agreement with uptime commitments or service credits. This is consistent with industry practice for consumer-facing SaaS tiers, where Stripe, Vercel, Notion, and comparable platforms offer SLA commitments only on Enterprise tiers.
The Custom tier (see Section 4.2) may include a negotiated Service Level Agreement with uptime commitments, service credits, or other availability guarantees specific to that tier. Builders interested in negotiated SLA terms should contact info@toolum.ai.
13.6 Service defects refund eligibility
If the Service materially fails to deliver per these Terms — for example, sustained extended downtime beyond what reasonable Service operation contemplates, data loss attributable to Toolum, or other defects that prevent you from receiving the Service you have paid for — the refund framework in our Refund Policy Section 3.3 (Category C — Service Defects) applies. Category C refunds are full restoration of the affected fees, defect-triggered, with no fixed time limit; the right is preserved for as long as the defect attribution is clear.
14. Service changes and discontinuation
The Service evolves. New features ship, bugs get fixed, the architecture adjusts as we learn what Builders need. This section describes how we change the Service and what we commit to when changes affect you materially.
14.1 We may change the Service
Toolum continuously updates the Service. We add features, refine the user interface, optimize performance, fix bugs, and adjust the architecture. Routine, non-disruptive changes ship without separate notice — this is how modern SaaS works, and it is how we deliver Service quality.
14.2 Material changes
When a change to the Service materially reduces the functionality you actively use, or removes a feature your current tier includes, we provide at least thirty (30) days advance notice through one or more of the following channels:
- An email to the address on your account;
- An in-product notification visible when you next access the Service;
- A prominent announcement on the Toolum status page or marketing site.
During the notice period, you may continue to use the affected functionality. After the notice period, the change takes effect.
14.3 Discontinuation of specific features
If Toolum deprecates a specific feature, we provide the notice described in Section 14.2. If a deprecated feature is one that your Blueprints depend on, the Code Export Entitlement (where included with your tier) remains available throughout the notice period so that you can migrate your work to alternative implementations.
14.4 Discontinuation of the entire Service
In the unlikely event that Toolum discontinues the Service in its entirety, we commit to the following:
- At least sixty (60) days advance notice of the planned discontinuation, through email to your account, in-product notification, and a prominent announcement on the Toolum site;
- A final Code Export window of at least sixty (60) days for all Builders whose tier includes the Code Export Entitlement, so that you can export your Blueprints before the Service is shut down — including Builders on the Free tier and Starter €25 tier who would not normally have the Entitlement, who will be granted a one-time Export window for this circumstance;
- Pro-rata refund of unused AI Credits per our Refund Policy Section 3.1 (Category A);
- Data deletion following the timeline in our Privacy Policy Section 8.
15. Suspension and termination
This section describes the circumstances under which a subscription or account may end, who may end it, and what happens after.
15.1 By you, at any time
You may close your account at any time through your Builder profile. When you close your account:
- Your active subscription, if any, ends at the end of the current Subscription Period;
- Unused AI Credits in the current Subscription Period are eligible for pro-rata refund under our Refund Policy Section 3.1;
- If your tier includes the Code Export Entitlement and you have not exercised it in the current Subscription Period, you may export your Blueprints during the thirty (30) days following account closure;
- Your data is handled per our Privacy Policy Section 8.
15.2 By Toolum, for cause
Toolum may suspend or close your account for cause, including:
- Violation of these Terms or of our Acceptable Use Policy;
- Failure to restore payment within fourteen (14) days of a failed renewal per Section 4.9;
- A legal or regulatory requirement that compels Toolum to suspend or close the account.
For violations that are curable, Toolum will generally provide notice and a reasonable cure period before closure. For violations that are not curable — for example, child sexual abuse material, content promoting terrorism, severe and ongoing abuse of other Builders — Toolum may close the account immediately without prior notice.
15.3 By Toolum, for abuse-prevention reasons
Toolum operates an abuse-prevention system described in our Privacy Policy Section 3.4. Accounts identified as part of a mass-registration abuse cluster, or accounts whose activity matches patterns indicative of automated abuse, may be suspended or closed by the system.
Your right to request human review of any abuse-prevention decision is preserved under GDPR Article 22 and is described in our Privacy Policy Section 13. When you request human review, a Toolum staff member reviews the decision independently and either restores the account, confirms the closure with a written explanation, or proposes a remedy short of closure.
15.4 By Toolum, for inactivity
If your account shows no activity for twenty-four (24) consecutive months, Toolum may close the account after providing thirty (30) days advance notice to the email address on your account. "Activity" for this purpose means any sign-in, any Blueprint interaction, or any communication with Toolum support. Closure for inactivity follows the data handling described in our Privacy Policy Section 8.
15.5 By Toolum, for material breach
For material breaches of these Terms that fall outside the specific cases described in Sections 15.2 through 15.4, Toolum may terminate the account with fourteen (14) days advance notice. The notice will describe the breach and the cure that would avoid termination. If the breach is cured within the notice period, the termination does not take effect.
15.6 What happens to your data on termination
When your account terminates — whether by your action or by Toolum — your data is handled per our Privacy Policy Section 8, including the per-category retention windows specified there.
If your tier included the Code Export Entitlement at the time of termination, you have a thirty (30) day Export window following termination during which you may retrieve your Blueprints as exported code. After this thirty-day window, the Export feature is no longer available; your Customer Content continues to be subject to the deletion and retention provisions of the Privacy Policy.
15.7 Survival of certain provisions
Termination of your account or subscription does not affect provisions of these Terms that by their nature are intended to survive termination. These include, without limitation: Section 6 (Customer Content ownership), Section 7 (license you granted to Toolum, to the extent necessary for residual retention windows), Section 11.5 (third-party deployment targets), Section 18 (Disclaimers), Section 19 (Limitation of liability), Section 20 (Indemnification), Section 21 (Disputes and governing law), and Section 24 (Miscellaneous).
16. Refund Policy
The framework for refunds is described in detail in our Refund Policy. This section summarizes the three categories and points you to the full document.
16.1 The three categories briefly
- Category A — Unused AI Credits. Pro-rata refund of unused Credits within fourteen (14) days of purchase, per EU Consumer Rights Directive Article 16(m) and Cyprus consumer protection law.
- Category B — Code Export Entitlement. Refundable only if you have not exercised the Entitlement in the Subscription Period; once exercised under the consent gate of Section 9.4, the Entitlement for that Subscription Period is fully performed and not refundable.
- Category C — Service defects. Full restoration when Toolum materially fails to deliver the Service per these Terms; no fixed time limit.
16.2 Where to read the full policy
For the full framework — including the refund formula for AI Credits, the definition of "exercised" for the Code Export Entitlement, the defect-attribution methodology for Category C, and the request process — see our Refund Policy.
16.3 How to request a refund
Refund requests go to info@toolum.ai. The information we ask for, and the response time we commit to, are described in our Refund Policy.
17. Privacy and data protection
Two documents govern the handling of Personal Data on Toolum, and a third describes AI processing specifically. This section is the pointer.
17.1 We process Personal Data
When Toolum processes Personal Data about you as a Builder, we are the data controller and our Privacy Policy describes what we collect, why, for how long, who we share it with, and what rights you have.
17.2 If you process Personal Data of others through Toolum
When you use Toolum to process Personal Data of natural persons other than yourself — for example, end users of an app you are building, or sample user records you upload — you are the data controller and Toolum acts as your data processor. The terms of that relationship are in our Data Processing Addendum.
17.3 Data subject rights
The rights you have over your Personal Data — access, rectification, erasure, restriction, portability, objection, the right not to be subject to automated decision-making — are described in our Privacy Policy Section 10. The process for exercising any of those rights is in the same section.
17.4 AI Transparency Statement
For the detailed description of how AI processing works on Toolum — which providers we use, what we send, what they do with it, what retention applies, and what marking conventions apply to AI-generated outputs — see our AI Transparency Statement.
18. Disclaimers
This section is the formal disclaimer framework. The plainer-language version of much of what it covers is throughout the document — particularly Sections 2.2, 6.5, 9.6, 12.3, and 13. This section is the legally operative form.
18.1 The Service is provided "as is" and "as available"
To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, without warranty of any kind, express or implied. Toolum specifically disclaims the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
18.2 No warranty of uninterrupted Service
Toolum does not warrant that the Service will be uninterrupted, error-free, secure against all threats, or that defects will be corrected. The Service depends on third-party infrastructure and AI providers as described in Sections 11 and 13.4; outages and degraded performance of those third parties can affect Service availability notwithstanding Toolum's reasonable efforts.
18.3 AI outputs — no warranty of originality
Toolum makes no warranty that any AI-generated output is original, novel, or free of similarity to existing works. AI models are trained on large corpora and their outputs reflect patterns learned from that training. The full discussion is in Section 6.5 of these Terms and in our AI Transparency Statement Section 7.2.
18.4 AI outputs — not professional advice
AI-generated outputs are not professional advice. Toolum does not provide legal advice, medical advice, financial advice, tax advice, investment advice, immigration advice, or any other form of regulated professional advice. Where your Blueprint involves a regulated domain — for example, a healthcare application, a financial product, a legal document, an accessibility-critical interface — you remain responsible for obtaining qualified professional review of the relevant outputs before relying on them in production. The full discussion is in our AI Transparency Statement Section 8.3.
18.5 AI outputs — hallucinations, bias, code quality
AI systems can produce content that appears authoritative but is factually wrong (hallucinations). AI training data reflects historical content and can carry biases. AI-generated code is starting-point code and is not warranted to be security-audited, performance-optimized, accessibility-complete, or internationalization-ready. The full discussion of these limitations is in our AI Transparency Statement Sections 8.1, 8.2, and 8.4.
18.6 Statutory rights preservation
Nothing in this Section 18 limits or excludes any liability that cannot be limited or excluded under applicable consumer protection law. In particular:
- Liability for death or personal injury caused by negligence is not limited or excluded;
- Liability for fraud or fraudulent misrepresentation is not limited or excluded;
- Liability for defective digital content under EU Directive 2019/770 (as implemented in Cyprus) is not limited or excluded;
- Any other liability that the Cyprus Unfair Terms in Consumer Contracts Law of 1996 or any other applicable consumer protection law forbids excluding is not limited or excluded.
Where any disclaimer in this Section 18 is unenforceable under applicable consumer law as to a particular Builder, the disclaimer applies to the maximum extent permitted by that law, and the remainder of these Terms continues in effect.
19. Limitation of liability
This section is one of the most legally consequential in the document. It allocates risk between Builders and Toolum and forms part of the basis on which Toolum can offer the Service at the prices charged.
19.1 Exclusion of consequential damages
To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages — including without limitation loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss of or damage to data, or business interruption — arising out of or related to these Terms or to the Service, even if the party has been advised of the possibility of such damages and whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory.
19.2 Aggregate liability cap
To the maximum extent permitted by applicable law, Toolum's total aggregate liability arising out of or related to these Terms or to the Service shall not exceed the total amount you paid to Toolum in the twelve (12) months immediately preceding the first event giving rise to the claim. If you have paid Toolum nothing in those twelve months, Toolum's aggregate liability is limited to one hundred euros (€100).
This cap applies in the aggregate across all claims arising from these Terms or from the Service, not per claim or per incident.
19.3 Carve-outs from the cap
Notwithstanding Sections 19.1 and 19.2, the following liability is not limited or excluded:
- Liability arising from Toolum's fraud, willful misconduct, or gross negligence;
- Toolum's obligations to defend and indemnify under Section 20 (Indemnification);
- Toolum's liability for breach of its data protection obligations under our Data Processing Addendum and our Privacy Policy, which is subject to a separate cap of twenty-four (24) months of fees paid to Toolum preceding the breach, with a floor of one hundred euros (€100);
- Your obligations to pay fees owed to Toolum;
- Any liability that cannot be limited or excluded under applicable consumer protection law (see Section 18.6).
19.4 Beta features liability
Notwithstanding the cap in Section 19.2 and the carve-outs in Section 19.3, Toolum's aggregate liability for any claim arising from your use of a Beta feature is limited to one hundred euros (€100) per Section 12.5. The €100 Beta cap is in addition to, not in lieu of, the carve-outs in Section 19.3 for fraud, willful misconduct, gross negligence, and statutory rights preservation.
19.5 Statutory rights preservation
Nothing in this Section 19 limits or excludes any liability that cannot be limited or excluded under applicable consumer protection law. Where a Builder is a consumer within the meaning of EU consumer protection law and is habitually resident in the European Union, the mandatory consumer protection law of that Builder's country of habitual residence applies to the extent it provides higher protection than this Section 19 (see Section 21.2).
19.6 Allocation of risk
The limitations in this Section 19 reflect the allocation of risk between you and Toolum. The pricing of the Service is based on these limitations. The Service is offered at the prices in Section 4.2 because the parties have agreed that liability is structured as this Section provides. Without these limitations, Toolum could not offer the Service at the prices charged.
20. Indemnification
This section sets out the mutual obligations to defend and indemnify between you and Toolum. Both directions apply; the substance is symmetric.
20.1 Toolum's indemnification of you
Toolum will defend you against any third-party claim that the Service itself, as provided by Toolum and used by you in accordance with these Terms, infringes a patent, copyright, trademark, or trade secret of that third party. Toolum will pay the damages or settlement amounts finally awarded against you in such a claim, provided that you meet the conditions in Section 20.5.
20.2 Exceptions to Toolum's indemnification
Toolum's indemnification obligation in Section 20.1 does not apply to claims that:
- Arise from your Customer Content (which is governed by your own representations and warranties in Section 6.3);
- Arise from modifications you make to exported code after Export;
- Arise from your combination of Toolum outputs with third-party products, services, or software where the combination — and not the Toolum-provided component — is the cause of the alleged infringement;
- Arise from your use of the Service in violation of these Terms or of our Acceptable Use Policy;
- Could have been avoided by your use of an updated version of the Service that Toolum has made available to you.
20.3 Toolum's remedies for IP claims
If a credible claim is made that the Service infringes a third party's intellectual property rights, or if Toolum reasonably believes such a claim is likely, Toolum may at its discretion: (a) modify the Service to avoid infringement; (b) obtain a license to allow continued use of the Service as it stands; or (c) refund the fees you paid to Toolum in the twelve (12) months preceding the claim and terminate your use of the implicated feature or, if necessary, the Service in its entirety. Options (a), (b), and (c) are Toolum's exclusive remedies for IP infringement claims, subject to Toolum's indemnification obligation in Section 20.1.
20.4 Your indemnification of Toolum
You will defend Toolum against any third-party claim arising from:
- Your Customer Content, including any claim that the Content infringes a third party's intellectual property rights, privacy rights, publicity rights, or any other rights;
- The deployed apps or products you build using Toolum, including any claim arising from the operation of those apps in their intended or actually deployed use;
- Your violation of these Terms or of our Acceptable Use Policy;
- Your misrepresentation of the nature, capabilities, or origin of Toolum, of Toolum's relationship with you, or of any AI-generated output;
- Your processing of Personal Data of others through Toolum in violation of GDPR or other applicable data protection law.
You will pay the damages or settlement amounts finally awarded against Toolum in such a claim, provided that Toolum meets the conditions in Section 20.5.
20.5 Process for indemnification claims
A party seeking indemnification under this Section 20 (the "Indemnitee") must:
- Provide prompt written notice of the claim to the indemnifying party (the "Indemnitor"), and in any event before any deadline that would prejudice the Indemnitor's ability to defend;
- Permit the Indemnitor to control the defense and settlement of the claim, provided that any settlement that imposes non-monetary obligations on the Indemnitee requires the Indemnitee's prior written consent (not to be unreasonably withheld);
- Provide reasonable cooperation with the Indemnitor's defense at the Indemnitor's expense.
If the Indemnitee fails to meet these conditions, the Indemnitor's indemnification obligation is reduced to the extent the Indemnitor is prejudiced by the failure.
21. Disputes and governing law
This section identifies which law governs these Terms, where disputes are heard, and what consumer-protection mechanisms remain available to you regardless of those choices.
21.1 Governing law
These Terms are governed by the laws of the Republic of Cyprus, without regard to its conflict-of-laws principles.
21.2 Jurisdiction and mandatory consumer protection
Any dispute arising out of or related to these Terms or to the Service shall be brought in the courts of the Republic of Cyprus, which shall have exclusive jurisdiction over such disputes.
Notwithstanding the foregoing, where you are a consumer habitually resident in a Member State of the European Union, the mandatory consumer protection law of your country of habitual residence applies to the extent it provides protection higher than the law of Cyprus. This preservation reflects Article 6 of EU Regulation 593/2008 (Rome I) and ensures that nothing in these Terms removes any consumer protection mandate that your home Member State law provides.
21.3 Informal resolution first
We encourage informal resolution of disputes. If you have a concern about Toolum or about how we have applied these Terms, please contact info@toolum.ai with a description of the issue. We ask for a period of thirty (30) days of good-faith informal discussion before formal proceedings are initiated. This informal-resolution period is a request, not a procedural bar; you may proceed to formal channels at any time if informal discussion does not resolve the issue.
21.4 EU Online Dispute Resolution platform
Under EU Regulation 524/2013, consumers within the European Union may use the European Commission's Online Dispute Resolution (ODR) platform to seek out-of-court resolution of disputes arising from online purchases. The ODR platform is available at:
Toolum agrees to participate in ODR-initiated mediation proceedings. The outcome of ODR mediation is non-binding unless the parties expressly agree to be bound.
21.5 Cyprus Consumer Protection Service
If you are a consumer and your concern relates to consumer protection, you may also contact the Consumer Protection Service of the Republic of Cyprus, which operates under the Ministry of Energy, Commerce and Industry:
Consumer Protection Service
Ministry of Energy, Commerce and Industry
Andrea Araouzou 6, 1421 Nicosia, Cyprus
Telephone: +357 22 867178
Email: info@mci.gov.cy
Website: https://www.consumer.gov.cy
21.6 Lead supervisory authority for data protection complaints
For complaints relating to the processing of your Personal Data by Toolum, the lead supervisory authority is the Office of the Commissioner for Personal Data Protection of the Republic of Cyprus, as described in our Privacy Policy Section 10.4:
Office of the Commissioner for Personal Data Protection
Office address: Kypranoros 15, 1061 Nicosia, Cyprus
Postal address: P.O. Box 23378, 1682 Nicosia, Cyprus
Telephone: +357 22 818456
Email: commissioner@dataprotection.gov.cy
Website: https://www.dataprotection.gov.cy
21.7 No waiver of collective redress
Nothing in this Section 21 waives any right of collective redress or class action that is available to you under applicable consumer protection law. Where Cyprus law or the consumer protection law of your country of habitual residence provides a collective-redress mechanism, your access to that mechanism is preserved.
22. EU consumer rights notice
This section consolidates the mandatory pre-contractual disclosures required under EU consumer protection law, in particular Directive 2011/83/EU (the Consumer Rights Directive) as transposed into Cyprus law through the Consumer Rights Law of 2013.
22.1 Pre-contractual information
By accepting these Terms and creating an account or completing a purchase, you confirm that, before doing so, you have been provided with the following information:
- The identity and contact details of the trader (Section 1.2);
- A description of what the Service is and what it does (Sections 1.3, 2.1, 2.2);
- The total price of the Service, including the basis on which it is calculated, exclusive of any applicable taxes that may be added at checkout (Section 4);
- The arrangements for payment, delivery, and performance (Sections 4.5, 4.7, 4.8, 9);
- The duration of the contract and the conditions for cancellation (Sections 4.7, 4.8, 15.1);
- The right of withdrawal where it applies, and the circumstances in which it does not apply (Sections 22.2, 22.3);
- The complaint mechanism and the dispute resolution channels available to you (Section 21).
22.2 14-day withdrawal right
As a consumer in the European Union, you have a right to withdraw from a distance contract within fourteen (14) days from the date of conclusion of the contract, without giving any reason and without incurring any costs other than those provided for in EU and Cyprus consumer law. This right is exercised through the procedure in our Refund Policy.
The 14-day withdrawal right applies to AI Credit Bundle purchases per Refund Policy Section 3.1 (Category A). Unused AI Credits remaining in the withdrawal period are eligible for pro-rata refund.
The 14-day withdrawal right is waived for the Code Export Entitlement once you provide the consent described in Section 9.4 and Toolum performs the Code Export. This is consistent with Article 16(a) of Directive 2011/83/EU, which permits waiver of the withdrawal right for digital services where the consumer has given express prior consent and acknowledged loss of the withdrawal right.
22.3 Withdrawal form (model)
To exercise your withdrawal right within the 14-day period, you may use the following model withdrawal form, or any other clear written statement of withdrawal sent to info@toolum.ai:
To: Toolum (Kirill Maximenko, 3 Evagora Pitali, 4040 Germasogeia, Limassol, Cyprus; info@toolum.ai)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following service:
— Service: Toolum subscription, tier: [_]
— Account email: [_]
— Ordered on: [_]
— Name of consumer(s): [_]
— Address of consumer(s): [_]
— Signature of consumer(s) (only if this form is notified on paper): [_]
— Date: [______________]
(*) Delete as appropriate.
22.4 Right to mandatory consumer protections
The mandatory consumer protection law of your country of habitual residence, within the European Union, applies to the extent it provides higher protection than these Terms or than Cyprus law. See Section 21.2.
22.5 Trader identity and contact
These are repeated here for the pre-contractual information requirement:
Kirill Maximenko (Cyprus self-employed entity)
Tax Identification Number: 60056031S
Address: 3 Evagora Pitali, 4040 Germasogeia, Limassol, Cyprus
Email: info@toolum.ai
23. Changes to these Terms
These Terms evolve over time. This section describes how changes are made and what your options are when they affect you.
23.1 How we publish changes
When we change these Terms, we update the Last Updated date at the top of the document. For changes that take effect immediately (typo corrections, structural improvements, clarifications that do not change substantive meaning), the Last Updated date alone reflects the change. For substantive changes, we also revise the Effective Date and publish a short summary of what changed.
Historic versions of these Terms are available at their dated URLs under /legal/terms/<date> and preserved in our public repository, so that you can review the version of the Terms that applied at any given point in time.
23.2 When we notify you of material changes
For changes that materially affect your rights, your obligations, or the commercial terms of the Service, we provide at least fourteen (14) days advance notice through one or more of the following channels:
- An email to the address on your account;
- An in-product notification visible when you next access the Service;
- A prominent notice on https://toolum.ai or on the Toolum status page.
23.3 Your options when we change Terms
When we publish material changes:
- If you continue to use the Service after the changes take effect, you are deemed to accept the changes;
- If you do not accept the changes, you may cancel your subscription and close your account before the changes take effect; if you do so, the unused portion of your AI Credit Bundle for the current Subscription Period remains eligible for pro-rata refund per our Refund Policy Section 3.1;
- For changes that materially reduce the functionality you actively use or remove a feature you depend on, you may request a pro-rata refund of unused AI Credits even if the change is not made effective until a future Subscription Period.
23.4 Non-material changes
Changes that do not affect substantive rights or obligations — corrections of typographical errors, clarifications of existing language, structural improvements that do not change meaning — are made by updating the Last Updated date without separate notice.
24. Miscellaneous
This section contains the standard provisions that complete the contractual framework but that do not fit naturally elsewhere.
24.1 Entire agreement
These Terms, together with the documents cross-referenced in Section 1.4, constitute the entire agreement between you and Toolum with respect to the Service and supersede any prior agreements, communications, or understandings, written or oral, on the same subject matter.
24.2 Assignment
You may not assign your rights or delegate your obligations under these Terms without Toolum's prior written consent. Any attempted assignment in violation of this Section 24.2 is void.
Toolum may assign these Terms in connection with a merger, acquisition, sale of all or substantially all of Toolum's assets, or any other business reorganization, with notice to you. Toolum may also assign these Terms to an affiliate or to a successor in business with notice to you.
24.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the remaining provisions are not affected. The invalid provision shall be interpreted, modified, or replaced (to the minimum extent necessary) so as to give effect to the parties' original intent as nearly as possible, and the remaining provisions continue in full force and effect.
24.4 Waiver
The failure of either party to enforce any provision of these Terms, or to exercise any right under these Terms, does not constitute a waiver of that provision or that right. Waiver is effective only when made expressly in writing by an authorized representative of the waiving party.
24.5 No agency
These Terms do not create a partnership, joint venture, employment, agency, or fiduciary relationship between you and Toolum. Neither party has authority to bind the other.
24.6 Force majeure
Neither party is liable for failure or delay in performance under these Terms to the extent caused by circumstances beyond the party's reasonable control, including without limitation: acts of God, natural disasters, war, terrorism, governmental action, labor disputes, internet infrastructure failures, or extended concurrent outages of multiple AI inference providers despite our multi-provider fallback architecture described in our AI Transparency Statement Section 3.
For clarity, an outage of a single AI inference provider does not constitute force majeure for Toolum, because the multi-provider fallback chain is designed precisely to absorb single-provider outages. Force majeure applies only when the outage is concurrent across multiple providers in a way that the fallback architecture cannot route around.
24.7 Notices to you
Toolum may give you notice through any of the following channels, and notice is considered delivered when sent through any of them:
- An email to the address on your account;
- An in-product notification visible when you next access the Service;
- A prominent notice on https://toolum.ai or on the Toolum status page.
24.8 Notices to Toolum
You may give Toolum notice by email to info@toolum.ai, with a clear indication of the subject matter in the email subject line. Notice is considered delivered when sent, subject to a reasonable processing period during which Toolum reviews and responds.
For formal legal notice that requires a physical mailing address — for example, service of legal process — the address is:
Kirill Maximenko
3 Evagora Pitali, 4040 Germasogeia, Limassol, Cyprus
24.9 Governing language
The governing language of these Terms is English. We may make translations of these Terms available in good faith for the convenience of Builders whose primary language is not English. In case of conflict between the English version and any translation, the English version controls.
Where Cyprus consumer law or the consumer protection law of your country of habitual residence requires that a contract with you be made available in a specific language, your right to receive the document in that language is preserved; please contact info@toolum.ai if you need a translation for that purpose.
25. Contact
For any question about these Terms, about Toolum, or about your account:
Toolum
Kirill Maximenko (Cyprus self-employed entity)
Tax Identification Number: 60056031S
Address: 3 Evagora Pitali, 4040 Germasogeia, Limassol, Cyprus
Email: info@toolum.ai
Cyprus supervisory authority for data protection complaints
Office of the Commissioner for Personal Data Protection
Office address: Kypranoros 15, 1061 Nicosia, Cyprus
Postal address: P.O. Box 23378, 1682 Nicosia, Cyprus
Telephone: +357 22 818456
Email: commissioner@dataprotection.gov.cy
Website: https://www.dataprotection.gov.cy
Cyprus Consumer Protection Service
Consumer Protection Service
Ministry of Energy, Commerce and Industry
Andrea Araouzou 6, 1421 Nicosia, Cyprus
Telephone: +357 22 867178
Email: info@mci.gov.cy
Website: https://www.consumer.gov.cy
Related documents
- Privacy Policy
- Cookie Policy
- Refund Policy
- Data Processing Addendum
- Subprocessor List
- AI Transparency Statement
- Acceptable Use Policy
Document version 1.0. Effective June 5, 2026.