Terms of Service

# TakoTabs – Terms of Use (EULA-Style)

**Last updated:** September 1, 2025  
**Version:** v1.2

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## Quick Summary (Plain-English)

- **What TakoTabs does:** On your iPhone, TakoTabs (with its Safari Web Extension) lets **you** capture your currently open Safari tabs (title, URL, favicon, and timestamp), organize and dedupe them into saved collections, optionally use AI to group and name them, and later restore/open/export them or use Shortcuts/App Intents to work with them.
- **What TakoTabs does **not** do:** We **don't** continuously track your browsing or keep a history of every site you visit. Captures are **user-initiated**. We don't process page content; AI grouping uses **tab titles and URLs only**.
- **Where your data lives:** Your library and queued captures are **stored locally on your device** (app sandbox + Apple App Group container). If you uninstall the app, queued data may be cleared by the OS.
- **Subscriptions & purchases:** Managed through **Apple** and **RevenueCat**. You can cancel/renew via your **Apple ID settings**. We never store your payment card details. Free tier available with limitations; Pro is a paid subscription. No trial period.
- **Hosting & infrastructure:** Our **website/landing pages** and **backend/edge services** run on **Vercel**. We also use **Upstash (Redis)** as a temporary storage layer for device authentication and rate-limiting. Redis data does **not** store your tab data or AI results—it's purely for security and anti-abuse controls.
- **Limitations:** The Safari extension can only access the **currently active Safari Tab Group** and cannot manage Tab Groups. Shortcuts/App Intents have platform limits (e.g., no large JSON via URL schemes). AI grouping is **best-effort** and accuracy is **not guaranteed**.
- **No ads:** TakoTabs does **not** use advertising technology.
- **Legal basics:** The app is **licensed, not sold**, and provided **"as is."** Please see the limitation of liability and disclaimers below.

---

## Agreement to Terms

These Terms of Use ("**Terms**") are a binding agreement between you and **17244720 Canada Inc.**, Ottawa, Ontario, Canada ("**Company**," "**we**," "**us**," or "**our**") governing your use of **TakoTabs** for iOS, its Safari Web Extension, and our related **website/landing pages and backend services** (collectively, the "**Service**").  
By installing, accessing, or using the Service, you **accept** these Terms. If you do not agree, do not use the Service.

Where the Service is obtained through the Apple App Store, the **Apple Media Services Terms** and **Apple's Standard EULA** also apply and, where applicable, control payment, refunds, and subscription management.

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## Privacy Policy; Data Processing

Your use of the Service is also governed by our [Privacy Policy](https://tabstash-backend.vercel.app/privacy), which is incorporated by reference into these Terms. If there is a conflict between these Terms and the Privacy Policy regarding how we collect, use, or share data, the Privacy Policy controls for those data-processing topics.

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## Eligibility & Age

- The Service is intended for a **general audience** and is **not directed to children under 13**.  
- You must be at least **13 years old** (or the minimum age of digital consent in your jurisdiction) to use the Service.  
- If you are under the age of majority, you must have a parent or legal guardian's permission.

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## Definitions

- **App**: The TakoTabs iOS application.  
- **Extension**: The TakoTabs Safari Web Extension.  
- **Sites**: Our website and landing pages hosted on Vercel.  
- **Backend/Edge Services**: Our Vercel-hosted serverless/edge runtime and related APIs used to operate parts of the Service.  
- **Service**: The App, the Extension, the Sites, Backend/Edge Services, App Intents/Shortcuts actions, and related features.  
- **User Content**: Tab titles, URLs, favicon URLs, timestamps, and any collections or metadata you create or save.  
- **Subscription**: A paid plan available via in-app purchase handled by Apple and managed via RevenueCat entitlements.  
- **Third-Party Services**: Services we integrate with, including **Apple**, **RevenueCat**, **PostHog**, **AI provider**, **Vercel**, and **Upstash (Redis)**.

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## The Service & Key Limitations

- **User-initiated capture only.** The Extension captures **only** from the **currently active Safari Tab Group**, and only when you choose to capture.  
- **No continuous tracking.** The Service does **not** continuously monitor your browsing history.  
- **What is captured:** tab **title**, **URL**, **favicon URL**, and **timestamp**.  
- **AI grouping:** For optional AI grouping and naming, we send **tab titles and URLs (and dedupe metadata)** to an AI provider. We do **not** send page content, forms, or passwords. AI results may be inaccurate or incomplete.  
- **Storage:** Your library, collections, and queued captures are **device-local**. **Queued captures** are imported when the App opens or comes to foreground. **Uninstall** may clear queued data.  
- **Library functions:** Save, restore/open, export, dedupe; **Trash** retains items for **~7 days**; **Undo** is available for destructive actions (platform-dependent).  
- **Shortcuts/App Intents:** The Service uses App Intents and Shortcuts to create/open Safari Tab Groups and open URLs. **Platform limits apply**.  
- **Performance:** Large libraries or long queues may cause delays. Automation is **best-effort** and subject to OS and API limits.  
- **Not a backup service:** The Service is **not** a data backup solution. You are responsible for your own backups.

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## License Grant & Restrictions

**License.** Subject to your compliance with these Terms and the Apple Media Services Terms (including the App Store **Usage Rules**), we grant you a **limited, non-exclusive, non-transferable, non-sublicensable, revocable** license to install and use the App and Extension on Apple-branded devices you own or control, strictly in accordance with the Apple Standard EULA and these Terms. You may copy the App only as necessary for installation and backup. You may not distribute, transfer, resell, lease, sublicense, or make the App available over a network where it could be used by multiple devices at the same time, except as permitted by the Usage Rules.

**Restrictions.** You agree **not** to:  
- Reverse engineer, decompile, or attempt to derive source code (except to the extent permitted by law).  
- Bypass, disable, or circumvent features, paywalls, usage limits, or entitlements.  
- Interfere with or disrupt the Service or any related networks or APIs.  
- Use automated means (bots, scrapers) against the App, Extension, Sites, or Backend/Edge Services.  
- Use the Service for unlawful, infringing, or harmful purposes, or to violate third-party rights.  
- Misuse Apple Shortcuts/App Intents, or attempt to access or manipulate Tab Groups or Extension scopes beyond what the platform permits.

The App is **licensed, not sold**. All rights not expressly granted are reserved by the Company.

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## User Obligations

- **Lawful use.** Use the Service only as permitted by these Terms and applicable laws.  
- **Rights to links.** Ensure you have the rights to store and share any URLs you capture or export.  
- **Security.** Keep your device secure.  
- **Backups.** Maintain your own backups; the Service is not a backup solution.

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## Safari Extension Permissions & Behaviors

- The Extension can access tabs **only within the currently active Safari Tab Group**.  
- The Extension **cannot** manage Tab Groups.  
- Captures are **explicitly started by you**; there is **no continuous collection** of browsing history.  
- Multiple captures can be **queued** and will be imported when the App opens/foregrounds. Uninstall may clear queued data.

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## Subscriptions & Billing

- **Provider.** Subscriptions are offered via **Apple in-app purchase** and managed using **RevenueCat** entitlements.  
- **Auto-renewal.** Subscriptions **auto-renew** until canceled. No trial is offered. Free tier available with limitations.  
- **Manage & cancel.** You can manage or cancel your subscription at any time via your **Apple ID settings**. Deleting the App does not cancel a subscription.  
- **Billing & refunds.** **Apple** handles billing and refunds per its policies. The Company does **not** process or store payment card data.  
- **Pricing changes.** We may change prices or features on a go-forward basis with required notices (if any) per Apple policies. Changes apply to future billing periods.  
- **Entitlements.** Access to paid features is determined by **RevenueCat** entitlements. If Apple or RevenueCat report a lapsed or invalid subscription, the Service may revert to the Free tier.

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## Third-Party Services

The Service integrates with:  
- **Apple** (App Store, App Intents/Shortcuts, Safari APIs).  
- **RevenueCat** (subscriptions/entitlements).  
- **PostHog** (product analytics for the App only; no page content).  
- **OpenAI** (grouping and naming of tabs using OpenAI APIs).  
- **Vercel** (hosting/edge runtime for Sites and Backend/Edge Services).  
- **Upstash (Redis)** (temporary storage for authentication and rate-limiting; does not store tab data or AI results).

Your use of these services may be subject to their own terms:  
- [Apple Media Services Terms](https://www.apple.com/legal/internet-services/itunes/dev/stdeula/)  
- [RevenueCat Terms](https://www.revenuecat.com/terms) | [RevenueCat Privacy](https://www.revenuecat.com/privacy)  
- [PostHog Privacy](https://posthog.com/privacy)  
- [OpenAI Terms](https://openai.com/policies/terms-of-use) | [OpenAI Privacy](https://openai.com/policies/privacy-policy)  
- [Vercel Terms](https://vercel.com/legal/terms) | [Vercel Privacy](https://vercel.com/legal/privacy-policy)  
- [Upstash Terms](https://upstash.com/terms) | [Upstash Privacy](https://upstash.com/privacy)

External services accessed via or from the App are used at your sole risk. We are not responsible for examining or evaluating the content or accuracy of such services and disclaim liability arising from them. You agree not to use such services in any manner that infringes intellectual property rights or to harass, abuse, stalk, threaten, or defame any person.  

**Important notes:**  
- Your **library/collections** remain **device-local**; we do **not** persist your library to our servers or Upstash.  
- Upstash is used **only** for secure authentication (anti-replay, device verification) and abuse prevention (rate-limiting).  
- Upstash audit log retention varies by plan: approximately **7 days (free)**, **30 days (pay-as-you-go)**, or **up to 1 year (Pro plans)**. See [Upstash Audit Logs](https://upstash.com/docs/common/account/auditlogs) for current retention periods.  
- Vercel and other providers may process technical logs (IP address, timestamps, request metadata) to secure and operate the Service.  
- International transfers may occur; we rely on safeguards such as SCCs where required. See our [Privacy Policy](https://tabstash-backend.vercel.app/privacy).

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## Acceptable Use

You agree **not** to:  
- Use the Service to violate laws, intellectual property, or privacy rights.  
- Circumvent technical measures, usage limits, paywalls, or entitlements.  
- Access non-public areas of the Service or its infrastructure.  
- Interfere with others' use of the Service.  
- Upload or transmit malware or harmful code.  
- Attempt to collect sensitive data from pages (passwords/forms/content)—TakoTabs does not process page content.  
- Misrepresent your affiliation with the Company.

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## Intellectual Property

The Service (software, UI, design, text, graphics, trademarks, and logos, including **TakoTabs**) is owned by the Company and its licensors and is protected by IP laws. No rights are granted except as expressly stated.

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## User Content & Limited License

- **Ownership.** You own your User Content. We do not claim ownership.  
- **License to operate.** You grant us and service providers a **limited, non-exclusive, royalty-free, worldwide license** to process your User Content **solely** to operate, maintain, and improve the Service.  
- **AI processing.** Titles/URLs may be sent to an AI provider for grouping/naming. Results may be inaccurate.  
- **Responsibility.** You are responsible for your User Content.

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## Feedback

If you provide ideas or suggestions ("**Feedback**"), you grant us a **perpetual, irrevocable, worldwide, royalty-free** license to use them without restriction.

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## Accounts & Security

The Service does **not** currently require a separate account. You are responsible for device-level security.

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## Data & Retention Notice

- **Local storage.** Libraries and queued captures are stored **on your device**.  
- **Trash & Undo.** Trash retains items for **~7 days**. Undo is available for destructive actions.  
- **Uninstall.** Removing the App may **clear queued data**.  
- **Analytics.** Product analytics are events-only via PostHog (no page content captured). You can opt out in-app at **Settings > Privacy > Analytics** to disable analytics collection for your device. For additional controls (e.g., cookieless tracking, property filtering), see PostHog privacy controls. To request deletion of analytics data associated with your device, email **info@takotabs.com**. Note we can only delete data we can identify; anonymous event data may not be deletable.  
- **Operational logs.** Vercel and Upstash may keep technical logs per their policies.  
- **Technical data.** To facilitate updates, product support, and service improvements, we may collect technical data related to your device, system and application software, and peripherals, in a form that does not personally identify you, as described in our Privacy Policy.  
- See our [Privacy Policy](https://tabstash-backend.vercel.app/privacy) for details.

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## Changes to the Service

We may add, modify, or remove features at any time. If changes materially impact paid features, we will provide **in-app notice** or other notice.

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## Disclaimers

- The Service is provided **"AS IS" and "AS AVAILABLE."**  
- No warranties of accuracy, reliability, or availability, express or implied.  
- **AI grouping/deduping** is best-effort and may be inaccurate.  
- We do not guarantee Safari/API, Vercel/edge, or Shortcut availability.  
- The Service is **not** a backup solution.  
- **Not for Emergency Use:** The Service is not intended for emergency or mission-critical use. Do not rely on the Service for time-sensitive or safety-critical purposes.

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## Limitation of Liability

To the maximum extent permitted by law:  
- The Company and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/data.  
- Our aggregate liability is capped at the **amount paid in the last 12 months** for the Service via Apple.

Some jurisdictions do not allow certain limitations; limits apply to the maximum extent permitted.

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## Indemnification

You agree to **defend, indemnify, and hold harmless** the Company and its affiliates against claims, losses, damages, and expenses arising from your misuse, violation of Terms, or User Content.

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## Term & Termination

- Terms remain in effect until terminated.  
- We may suspend or terminate your access immediately for violations or legal reasons.  
- You may stop using the Service at any time; delete the App to remove local data.  
- Subscriptions continue until canceled in Apple ID settings. Deleting the App does not cancel a Subscription.  
- Sections such as IP, Disclaimers, Liability, and Arbitration survive termination.

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## International Use & Export Controls

You must comply with all applicable export and sanctions laws, including those of Canada and the United States. You represent that you are not: (a) located in a country subject to Canadian or U.S. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); or (b) listed on any prohibited party list including the Canadian Consolidated Autonomous Sanctions List, the U.S. Treasury's Specially Designated Nationals (SDN) List, or the U.S. Department of Commerce Denied Persons List or Entity List. You will not export or re-export the App except as authorized by applicable law.

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## Governing Law & Dispute Resolution

These Terms are governed by the laws of **Ontario, Canada**, without regard to conflict of law principles.

**Dispute Resolution Process:**
1. **Informal Resolution:** You agree to first attempt to resolve any dispute informally by contacting us at info@takotabs.com.
2. **Arbitration:** If informal resolution fails, any dispute shall be resolved through **binding arbitration** in **Ottawa, Ontario, Canada**, conducted in English with one arbitrator under the Arbitration Act, 1991 (Ontario).
3. **Small Claims Exception:** Either party may pursue claims in Small Claims Court in Ottawa if within that court's jurisdiction.
4. **Class Action Waiver:** To the extent permitted by applicable law, you waive any right to bring claims on a class or representative basis.
5. **Severability:** If any part of this arbitration provision is deemed invalid, the remainder shall continue in effect.

**Notice:** Nothing in this section limits either party's right to seek injunctive or other equitable relief.

**Carve-out for Apple.** Notwithstanding the foregoing, with respect to any dispute, claim, or obligation between you and Apple arising out of the App's distribution via the App Store or Apple Media Services, the governing law and forum specified by Apple's terms (including the Apple Standard EULA) apply.

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## Electronic Communications

By using the Service, you consent to receive electronic communications via email related to the Service and these Terms. Such communications satisfy any requirement that they be in writing.

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## Support, Maintenance, Warranty, and Product Claims (Apple Notice)

You acknowledge that: (a) **Apple has no obligation** whatsoever to furnish any maintenance or support services with respect to the App; (b) the **Company** is solely responsible for providing any maintenance and support for the App as required under applicable law; and (c) to the extent any warranty is not effectively disclaimed herein or under applicable law, the **Company**, not Apple, is responsible for such warranty obligations. If the App fails to conform to any applicable warranty, your sole remedy with Apple is as described in **Apple's Standard EULA** and applicable App Store policies (which may include a refund of the purchase price, if any). To the maximum extent permitted by law, Apple will have no other warranty obligations with respect to the App.

You further acknowledge that the **Company**, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the App infringes a third party's intellectual property rights.

Nothing in these Terms modifies or expands Apple's disclaimers, limitations of liability (including any monetary caps), or remedies under the Apple Standard EULA.

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## Copyright/DMCA Policy

If you believe that content accessible via the Service infringes your copyright, please send a notice including: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Send notices to **info@takotabs.com**. We may remove or disable access to the allegedly infringing material and may terminate repeat infringers where appropriate.

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## Miscellaneous

- **Entire Agreement.** These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and the Company regarding the Service.
- **Severability; Waiver.** If any provision is found unenforceable, the remainder will remain in effect. Our failure to enforce any provision is not a waiver.
- **Assignment.** You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
- **Force Majeure.** We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, internet failures, or governmental actions.
- **No Agency.** No agency, partnership, joint venture, or employment relationship is created by these Terms.
- **Notices.** We may provide notices to you via email or in-app. You may provide notices to us at **info@takotabs.com**.
- **Survival.** Provisions that by their nature should survive termination will survive, including IP, disclaimers, limitations of liability, indemnification, and dispute resolution.

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## Changes to These Terms

We may update these Terms from time to time. Material changes will be notified in-app. The "Last updated" date shows the latest version.

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## App Store & Third-Party Terms Control

Where these Terms conflict with (i) Apple's payment/refund rules or App Store **Usage Rules**, or (ii) the **Apple Standard EULA** as it relates to your relationship with Apple, **Apple's terms control** for those topics. These Terms govern your relationship with the Company. Terms of Third-Party Services also apply to your use of those services.

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## Apple Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to your license to use the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

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## Contact

**Email:** info@takotabs.com  
**Postal address:** 17244720 Canada Inc., Ottawa, Ontario, Canada

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## Change Log

- **v1.2 (September 1, 2025):** Incorporated corporate entity, arbitration in Ottawa, liability cap (12 months paid), no trial period, Upstash usage, Vercel/Upstash policies, Privacy Policy link, PostHog deletion method.  
- **v1.1 (September 1, 2025):** Added hosting/edge and Redis infrastructure disclosures.  
- **v1.0 (September 1, 2025):** Initial release of TakoTabs Terms of Use.