Terms of Service

1. Who we are and what these terms cover

1.1 Toucan Intelligence (the "Service") is provided by Toucan International Ltd, a company registered in England and Wales with company number 16146873 and VAT number 485022301, whose registered office is at 251 Gray's Inn Road, London, England, WC1X 8QT ("Toucan", "we", "us").

1.2 These terms are a contract between us and the organisation you register or act for (the "Customer", "you"). They cover the Service at intelligence.toucan.international, including its reports, the Act features (strategies, page benchmarks and performance audits) and any API we make available.

1.3 The Service is for business use only. You confirm that you are using it in the course of a business and not as a consumer.

1.4 If you buy under an order form or other written agreement signed by us, that document takes priority over these terms where the two conflict.

2. Accepting these terms

2.1 You accept these terms by ticking the acceptance box, either when you create an account or when we ask you to accept a new version.

2.2 The person accepting confirms that they are at least 18 and are authorised to bind the organisation.

2.3 Each person you invite to your account must agree to follow these terms when they first sign in. They use the Service on your behalf, and you are responsible for how they use it.

3. Accounts

3.1 Keep your account information accurate and your sign-in details confidential. Each login is for one person and must not be shared.

3.2 You are responsible for activity under your account. Tell us promptly at enquiries@toucan.international if you suspect unauthorised access.

4. Beta

4.1 While the Service is labelled as beta, access is free of charge and we may limit who can join. Beta features may change, be limited or be withdrawn, and we make no commitment about availability during the beta.

4.2 We will give you at least one month's notice before paid plans start. You will not be charged unless you choose a paid plan.

4.3 When the beta ends we will tell you, with at least one month's notice, what will happen to accounts that have not chosen a paid plan.

5. Plans, fees and payment

5.1 The plans, prices and limits that apply to you are those shown on our pricing page when you subscribe or renew. Changes to them are subject to section 5.7.

5.2 Subscriptions are billed in advance, monthly or annually, and renew automatically for the same period until you cancel.

5.3 Prices on our pricing page include UK VAT. The tax that applies to you is calculated at checkout from your billing address and shown on your invoice; where you are outside the UK the tax that applies in your country is shown instead. Business customers can add a VAT number at checkout.

5.4 Payments are processed by Stripe. If a payment fails we may retry it. If it remains unpaid after the retry period, we may suspend paid features or cancel your subscription.

5.5 Upgrades take effect immediately. Downgrades take effect at the end of the current billing period.

5.6 You can cancel at any time from Settings. Cancellation takes effect at the end of the current billing period and you keep access until then. Fees are non-refundable except where the law requires a refund or section 18.3 applies.

5.7 We may change prices or reduce plan limits on at least 30 days' notice. A change takes effect from your first renewal after the notice period ends.

5.8 Each plan has limits, such as queries per run, brands or sites, regions, runs per month, audits per day, report history and a monthly allowance for AI processing. We may decline or stop usage beyond your plan's limits.

5.9 Where a plan or feature is described as unlimited, it is still subject to the run, audit and AI processing allowances in section 5.8 and to fair use, meaning use consistent with the normal needs of the brands, sites and clients your plan is meant to cover. We will tell you the allowances that apply to your plan on request.

6. Acceptable use

6.1 You must not, and must not allow anyone else to:

• (a) use the Service to break the law or infringe anyone's rights;
• (b) submit queries or other content that is unlawful, or that would put us in breach of the terms or usage policies of the AI providers the Service relies on;
• (c) use queries to gather information about private individuals;
• (d) access or try to access another customer's data, disrupt the Service, or introduce malicious code;
• (e) probe or test the Service for vulnerabilities;
• (f) copy, scrape or reverse engineer the Service, or use it to build a competing product;
• (g) resell or white-label the Service without our written agreement;
• (h) get around plan limits, including by opening more than one account.

6.2 Agencies may use the Service for their own clients and share reports with them.

6.3 Good-faith security research carried out within our Security Disclosure Policy is not a breach of this section.

7. Your content

7.1 "Customer Content" means what you put into the Service: your brands, sites, competitors, queries, regions, notes and requests, and any data imported from a Google Analytics property you connect.

7.2 You own your Customer Content. We claim no ownership of it.

7.3 You give us a non-exclusive, worldwide licence to host, process, transmit and display Customer Content as needed to provide, secure and support the Service. That includes sending your queries to AI providers, storing the results for your account, and creating Aggregated Insights under section 8.

7.4 You confirm that you have the rights needed to give us Customer Content and this licence. If you are an agency, that includes the rights you need from your clients.

7.5 You may use the reports and outputs generated for your account for your own business and, if you are an agency, for your clients, including sharing them outside your organisation. This is subject to section 10 and to any third-party rights in AI Output, as defined in section 11.1.

8. Aggregated insights

8.1 We may compile "Aggregated Insights": statistics and findings about how AI systems respond and how the Service is used, drawn from many customers' accounts and combined so that they do not identify you, your users or your Customer Content. We never draw them from Google Analytics data.

8.2 We may use Aggregated Insights to run, secure and improve the Service, and in research, reports, social media posts and other marketing.

8.3 Anything we publish or share outside Toucan under section 8.2:

• (a) rests, for each figure or segment, on at least 10 customer organisations, with no single customer contributing more than 20% of the underlying data;
• (b) describes patterns at the level of AI engines, source types, regions and industries, or overall use of the Service, and does not name a brand or site;
• (c) never reproduces a query you wrote;
• (d) never includes your account details, personal data or Google Analytics data.

8.4 You can opt out of the publication use in section 8.2 at any time by emailing enquiries@toucan.international. We action an opt-out within 30 days. It applies to what we publish after that and does not affect our use of Aggregated Insights to run, secure and improve the Service.

8.5 We also run our own research using query sets that we write, such as industry indexes, and we may publish findings from it that name brands and sites. We write those query sets ourselves and do not copy a customer's queries into them. That research and its results belong to us and are not Customer Content, even where they cover brands, markets or topics that also appear in your account.

9. Publicity and feedback

9.1 We will not use your name or logo, or publish your results, your queries or a case study about you, without your prior written consent. Email is enough. This does not stop us naming a brand in our own research under section 8.5, where nothing identifies you as a customer.

9.2 If you send us suggestions or feedback about the Service, we may use them without restriction or payment.

10. Our intellectual property

10.1 We and our licensors own the Service, including its software, design, scoring methods, classifications and report formats, and our own research under section 8.5.

10.2 We give you a non-exclusive, non-transferable right to use the Service under these terms while your account is active. We reserve all other rights.

11. AI output

11.1 The Service collects and analyses responses generated by third-party AI systems ("AI Output"), and uses AI to produce some of its own features, including page assessments and, when available, strategies.

11.2 AI Output is probabilistic. The same question can produce different answers at different times, in different regions and from different models. Reports describe what the Service observed at the time of each run. They are not a guarantee of how any AI system will behave, or of any result from acting on them.

11.3 AI Output may be inaccurate, incomplete or out of date, including in what it says about brands and people. We do not verify it and it does not represent our views.

11.4 Strategies, benchmarks and audits are suggestions and not professional advice. You are responsible for the decisions you take, and for checking that what you publish or do complies with the law and regulation that applies to your sector.

11.5 Metrics such as recommendation rate, citation share and share of voice are calculated using our own methods, which we may refine over time.

12. Third-party services

12.1 The Service depends on third-party AI providers and other third-party services. Their availability and output are outside our control. Providers may change or withdraw models, and the engines and regions we cover may change as a result.

12.2 If you connect a Google Analytics property, you confirm that you are authorised to grant that access. You can disconnect it at any time from Settings. We use Google Analytics data only to show referral reporting in your account, as our Privacy Policy explains.

12.3 The Service fetches and analyses publicly available web pages that AI Output cites or that you ask us to audit. We do not control or endorse those pages.

13. Working with the Toucan team

13.1 "Send to Toucan" passes your request, the evidence attached to it and your contact details to Toucan International's agency team so that they can respond.

13.2 Sending a request does not commit you to buy anything. Any services the agency team provides are supplied under a separate agreement.

14. Confidentiality

14.1 Each of us will keep the other's confidential information confidential, use it only for the purposes of these terms, and protect it with reasonable care. Your Customer Content and the reports in your account are your confidential information. We may share it with our staff and with the service providers who need it to provide the Service, under equivalent duties.

14.2 This does not apply to information that is public, was already known to the recipient, was developed independently, or must be disclosed by law.

14.3 Our use of Aggregated Insights under section 8 is not a breach of this section.

15. Data protection

15.1 Each of us will comply with the data protection law that applies to it. Our Privacy Policy explains how we handle personal data.

15.2 The Service is not designed for you to upload personal data about other people. If you need us to process personal data on your behalf, contact us to agree a data processing addendum first.

16. Availability and support

16.1 We aim to keep the Service available but do not guarantee that it will be uninterrupted or error-free.

16.2 The Service is provided "as is" and "as available". To the fullest extent the law allows, we exclude all warranties and conditions not set out in these terms.

16.3 We provide support by email as described on our Support page. Response times given there are targets and not commitments.

17. Liability

17.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

17.2 Subject to section 17.1, we are not liable for loss of profits, revenue, business or goodwill, for loss or corruption of data, or for any indirect or consequential loss.

17.3 Subject to section 17.1, our total liability arising out of or in connection with the Service or these terms is limited in aggregate to the greater of the fees you paid us in the 12 months before the claim arose and £100.

17.4 You will compensate us for losses we incur from third-party claims that arise from your breach of section 6 or section 7.4.

18. Suspension and termination

18.1 You can cancel under section 5.6, and close your account by emailing us.

18.2 We may suspend or end your access immediately if you materially breach these terms, including by a breach of section 6 or by non-payment after the period in section 5.4, or if we need to do so to protect the Service or other customers. We will tell you why where we reasonably can.

18.3 We may end your subscription for any other reason on 30 days' notice. If we do, we will refund any fees you have prepaid for the period after it ends.

18.4 When your account closes, your right to use the Service ends and we delete your Customer Content and reports as our Privacy Policy describes. Before then, you can export report data as CSV files from the Service.

18.5 Sections 5 (for fees already due), 7.2, 7.3 (for Aggregated Insights already created), 7.5, 8, 9, 10, 11, 14, 16.2, 17, 18.4 and 20 continue after termination.

19. Changes to these terms

19.1 We may update these terms. For material changes we will give at least 30 days' notice by email or in the Service and ask you to accept the new version.

19.2 If you do not agree to a change, you can cancel before it takes effect. If you have had notice and neither accept nor cancel, using the Service after the change takes effect counts as acceptance.

20. General

20.1 These terms, the plan details on our pricing page when you subscribe, and any order form are the whole agreement between us about the Service. If the pricing page and these terms conflict, these terms prevail.

20.2 You may not transfer your rights under these terms without our consent. We may transfer ours to an affiliate or to a successor to our business.

20.3 Nobody other than you and us has any right to enforce these terms.

20.4 If part of these terms is found unenforceable, the rest continues to apply. A delay in enforcing a right is not a waiver of it.

20.5 Neither of us is liable for a failure caused by events outside our reasonable control.

20.6 We send notices to the email address on your account. Send notices to us at enquiries@toucan.international.

20.7 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.