TOOPLE TERMS OF USE
Last Updated
: August 15, 2025
Introduction
Thank you for using toople—[a no-code AI-powered database builder to create, query, and share custom online databases]—and its related software and services (“toople”). toople is owned and provided by Infinitera, Inc. (“Infinitera” or “we”
/ “us” / “our”).
By accessing, registering for, or using toople, or by accepting these Terms of Use (such as through an “I Accept” checkbox or similar method), together with any documents they expressly incorporate by reference
(collectively, these “Terms”), you agree to be bound by these terms.
Please
read these Terms carefully,
as they govern your access to and use of
toople, including any content, functionality, and services offered thereon,
whether you are accessing toople on a free basis, during a trial, or as a paid
subscriber. If you do not agree to these Terms, you may not use toople.
If you are accepting these Terms on behalf of an employer or other entity, then you represent and warrant that you are authorized to bind that entity, and that the entity accepts these Terms. In that case, “you” will also refer to that entity.
Eligibility and Account Creation
toople is not available in all languages or in all countries. Infinitera makes no representation that toople is appropriate or available for use in any particular jurisdiction. To the extent you choose to access toople from outside the United States, you do
so at your own risk and are responsible for compliance with all applicable local laws. Use of toople is void where prohibited.
You must be at least eighteen (18) years of age in order to use toople. By using toople, you represent and warrant that you meet this age requirement. To access toople, you must create an account with us through Microsoft Entra or another one of our supported identity providers.
You must provide true, accurate, and complete
information during the authentication process and must keep any information you
provide to toople accurate and current. By signing in, you authorize us to
collect and use authentication information from your identity provider as
described in our Privacy Notice
.
Your Account
Your account is personal to you and may not be shared, assigned, or transferred.
You are responsible for maintaining the
confidentiality of your credentials and for all activity that occurs under your
account. You must keep your account information accurate and complete at all
times. Infinitera reserves the right to suspend or terminate any account that
is created with false information, becomes compromised, or is otherwise
misused.
Subscription, Payments, and Trials
toople may be accessed on a free basis,through a trial, or under a paid subscription. The features, limits, and retention rules that apply to each plan are described at https://toople.app/About/Pricing (the “
Pricing and Plans Guide
”), which is incorporated into and made part of these Terms, and which we may update from time to time. Updates to the Pricing and Plans Guide will not materially affect your current subscription term but may apply to renewals.
Paid subscriptions to toople are obtained through the Microsoft Marketplace.
Each subscription may specify additional terms, including applicable fees, the number of authorized users, the length of the subscription period, and other plan-specific details. In the event of a conflict between these Terms and the
terms of a subscription, these Terms shall control, except (i) as expressly varied in these Terms, or (ii) where the subscription expressly identifies the provision(s) in these Terms that it modifies.
Free accounts
are subject to usage limits, database size and activity thresholds, and retention rules tied to inactivity, as described in
the Pricing Page. Paid subscriptions provide expanded limits and additional features, subject to the terms of your subscription.
Trial access
to certain paid subscription features may be offered for a limited period at no charge (a “Trial Account”). The scope,
duration, and features of any Trial Account are described at the time of signup. Trial Accounts are provided solely for evaluation purposes, may be
modified or discontinued at any time without notice, and do not include any service-level commitments, warranties, or support obligations. At the end of
your Trial Account period, your access will automatically revert to a free account unless you purchase a paid subscription through the Microsoft Marketplace. We may,
at our discretion, require you to upgrade to a paid subscription in order to continue accessing data, content, or features created during the Trial Account period.
Fees and Payment Terms
If you purchase a paid subscription, you agree to pay all applicable fees as described in the Pricing Page and as presented at
the time of purchase. Paid subscriptions to toople are processed through the Microsoft Marketplace, and your payment obligations are governed both by these
Terms and Microsoft’s payment terms. Infinitera does not process or store your full payment information.
Subscription fees are payable in U.S. dollars and are billed in advance by Microsoft. You are responsible for any taxes, duties,
or similar charges imposed in connection with your subscription, other than taxes on Infinitera’s income. Except as
required by law, fees are non-refundable and non-creditable. Subscriptions will automatically renew at the end of each subscription term unless you cancel through the Microsoft Marketplace in accordance with their procedures.
Infinitera may increase fees by providing at least thirty (30) days’ prior notice to you. Any such increase will apply only to
the next renewal term and will not affect the fees for your current subscription term. If you fail to pay fees when due, Infinitera may, without
limiting its other rights and remedies: (i) charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate allowed by law, if lower),
accruing daily from the original due date until paid; and/or (ii) suspend or terminate your access to toople.
From time to time, Infinitera may offer promotions or discounts, including free trials. Unless otherwise specified, promotions
and discounts apply only to first-time purchasers and may be subject to separate terms and conditions. Trial Accounts and promotional offers are
available for a limited period only and may be modified or discontinued at Infinitera’s discretion.
Your Use of toople
You may use toople only for lawful purposes and in accordance with these Terms and the Pricing Page. You are
responsible for all activity conducted through your account, including any data or content you input, upload, or share using toople.
You agree not to use toople to
:
1.
Violate any applicable law or
regulation.
2.
Upload, share, or otherwise make available content
that is unlawful, harmful, infringing, defamatory, obscene, abusive, harassing,
or otherwise objectionable.
3.
Upload, distribute, or transmit viruses, malware, spyware, worms, Trojan horses, corrupted files, or any other harmful code.
4.
Attempt to gain unauthorized access to any system, network, or account.
5.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying components of toople, including its AI features.
6.
Use toople to develop or train competing machine learning or AI models.
7.
Interfere with, disrupt, damage, or impair the operation of toople or attempt to bypass any security, authentication, or usage restrictions
8.
Misrepresent your identity or affiliation, including by creating accounts with false information.
9.
Exceed usage limits or other terms applicable to your account as described in the Pricing Page.
10.
Deploy bots, scrapers, crawlers, or other automated tools to access or interact with toople in a way not expressly permitted by us.
11.
Engage in phishing, email harvesting, or redirecting users to malicious or fraudulent destinations.
12.
Remove, conceal, or alter any copyright, trademark, or other proprietary rights notices contained in toople or Infinitera materials.
13.
In any high-risk environment, including life-support systems, air traffic control, nuclear facilities, defense systems, or similar critical applications where failure of toople could result in death, personal injury, or severe environmental or property damage.
AI Features
toople uses artificial intelligence to help generate database structures and structured query language (“SQL”)
queries (i.e., commands that tell a database what information to find, add, update, or remove). AI outputs are generated automatically, may not be
accurate, and are provided “AS IS.” You are responsible for reviewing and validating any AI output before relying on it. You may not use toople’s AI
features in a way that violates these Terms, applicable law, or third-party rights.
Term and Termination
These Terms remain in effect from the time you first access toople until terminated as described below.
You may terminate your account at any time by following the instructions within toople or, if you have a paid subscription, through the Microsoft Marketplace.
Termination will not
entitle you to a refund of any prepaid fees
, except as required by law.
Infinitera may suspend or terminate your access to toople, or close your account, immediately upon notice if you: (i) violate
these Terms or applicable law; (ii) create an account with false or misleading information; (iii) fail to pay subscription fees when due; (iv) compromise the
security or integrity of toople; or (v) otherwise misuse toople, at Infinitera sole discretion. We also reserve the right to suspend, discontinue, or limit
access to Free Accounts and Trial Accounts, or to block users from certain IP addresses or geographic regions from accessing toople, at our discretion.
Upon termination of your account, your right to use toople will immediately end. Some information may continue to be stored or retained in accordance with our Privacy Notice
and the limits and retention rules described in the Pricing Page
.
You are responsible for exporting any data or content you wish to keep prior to termination. Infinitera will not be liable for loss of access to or deletion of data following account closure.
Certain provisions of these Terms that by their nature survive termination, including but not limited to the sections
entitled “Intellectual Property”, “Fees & Payment”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Confidential Information”, and “Miscellaneous.”
Such sections will survive, meaning that they will apply to you even after your account is closed or these Terms end.
Intellectual Property
toople and all associated software, features, functionality, AI tools, design, Operational
Data (as defined below), and content (excluding User Content, as defined below) are owned by Infinitera and its licensors, and are protected by copyright,
trademark, and other intellectual property laws. Except as expressly provided in these Terms, you are granted a limited, non-exclusive, non-transferable,
revocable license to access and use toople for your personal purposes, in accordance with your account type and subscription. No right, title, or
interest in or to toople is transferred to you, and all rights not expressly granted are reserved by Infinitera.
You agree not to remove, conceal, or alter any proprietary rights notices (including copyright and trademark
notices) contained within toople or any Infinitera materials. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer,
decompile, or otherwise attempt to access or use the source code of the software underlying or otherwise used to provide toople. You acknowledge that
any breach of these obligations with respect to Infinitera’s or its licensors’ intellectual property rights would cause irreparable harm for which monetary
damages would be inadequate. Accordingly, Infinitera and its licensors shall be entitled to seek injunctive or equitable relief, without the requirement to
post a bond, in addition to any other remedies available under law.
Open Source Components
toople may include or be provided with components that are subject to open-source software licenses. Any use of those components is subject to the applicable open-source licenses, and you agree to comply with those license terms.
Your Content
You retain ownership of all data, content, and materials that you input, upload, or otherwise make available through toople (“Your User Content”). Your User Content does not
include aggregated and statistical data about the use of toople, including performance information related to its provision, operation, and/or improvement
(“Operational Data”).
By submitting Your User Content to toople, you grant Infinitera a limited, worldwide, non-exclusive license to
host, store, process, and display Your User Content solely as necessary to provide toople’s services and features to you, perform support and maintenance, and
carry out quality control, security, and other legitimate business purposes consistent with these Terms and our Privacy Notice
.
You represent and warrant that:
1.
you have the necessary rights to upload or otherwise share Your User Content in toople;
2.
Your User Content does not infringe or violate any third-party rights, including intellectual property or privacy rights; and
3.
access to Your User Content on or through toople does not result in a breach of contract between you and any third party.
If you provide any information relating to an identified or identifiable natural person (“Personal Data”)
through toople, you represent and warrant that: (a) you have obtained all necessary consents and provided all required notices to third parties
(including contacts, partners, distributors, administrators, and employees) as required under applicable privacy and data protection laws; (b) you act as the
controller of such Personal Data and remain solely responsible for its accuracy, legality, and use; and (c) Infinitera acts as a processor of such
Personal Data solely to provide toople’s services in accordance with these Terms and our Privacy Notice
.
You may not use toople to upload, store, or process any sensitive categories of data, including without limitation
protected health information (as defined by the Health Insurance Portability and Accountability Act, “HIPAA”), government identification numbers
(such as Social Security numbers), financial account information, biometric identifiers, or similarly sensitive personal data. If your use case involves personal
health information or other sensitive data, please contact us about our commercial product offerings, which may provide additional compliance options and requirements.
Infinitera is not responsible for reviewing or monitoring user content but may remove or disable access to any user content,including Your User Content, that violates these Terms or applicable law.
Feedback
If you provide ideas, suggestions, comments, questions, or other feedback about toople (“Feedback”), you
acknowledge and agree that such Feedback is non-confidential and that Infinitera has no obligation to keep it secret or to refrain from using it. You
further agree that you are not entitled to any acknowledgment, compensation, or reimbursement of any kind in connection with providing Feedback. By submitting
Feedback, you grant Infinitera a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use,
reproduce, modify, distribute, display, and otherwise exploit the Feedback for any purpose, commercial or otherwise. If perpetual license terms are not
permitted under applicable law, then the license shall last for the maximum period allowed by law.
Copyright Infringement (DMCA Policy)
We respect intellectual property rights and expect our users to do the same. It is Infinitera’s policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
If you think someone is using toople to post or share content that infringes your copyright, here’s how you can let us know and what happens next. We take these reports seriously.
Reporting Claims of Copyright Infringement
If you believe that any user content or other material accessible on or through toople infringes your copyright, you
may request removal of that material (or access to it) by submitting a written notice to our designated copyright agent (a “DMCA Notice”). Your DMCA
Notice must comply with the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If your DMCA Notice does not meet those
requirements, it may not be effective.
Our designated copyright agent is:
Infinitera, Inc.
10650 Roe Avenue
Suite 182
919.452.7647
support@toople.app
Please note
: If you knowingly misrepresent that material or activity on toople is infringing, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on toople was removed or disabled by mistake or misidentification, you may file
a counter notification (a “DMCA Counter Notice”) with our designated copyright agent listed above. The DMCA Counter Notice must comply with the
requirements of the DMCA.
If you submit a DMCA Counter Notice, we may restore the removed material unless the
party that filed the original DMCA Notice seeks a court order to restrain you from engaging in infringing activity within ten (10) business days after receiving the DMCA Counter Notice.
Please note
: If you knowingly misrepresent that material was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Data Storage and Security
toople itself does not serve as the storage location for Your User Content. Instead, toople provides tools for you
to view, manipulate, process, and manage Your User Content that is stored in Microsoft or another authorized, compatible storage resource. You are solely
responsible for (i) obtaining and maintaining such storage services, (ii) backing up and restoring Your User Content, (iii) securing Your User Content,
and (iv) granting the necessary permissions to allow toople to connect to Your User Content.
Infinitera will maintain appropriate administrative, technical, and physical safeguards designed to protect the
security, confidentiality, and integrity of Your User Content processed through toople. However, Infinitera is not responsible for (a) backing up Your User
Content, or (b) unauthorized access to your account or Your User Content, except to the extent caused by Infinitera’s breach of these Terms.
You must ensure that Your User Content, and your use of it, complies with these Terms and all applicable laws. You
agree to notify Infinitera immediately if you believe there has been unauthorized activity in your account or if your account credentials are lost,
stolen, or otherwise compromised.
Third-Party Services and Integrations
toople may enable or require integrations with third-party services (for example, identity providers, data
storage providers, or other software with which you choose to connect). Your use of third-party services is governed by their terms and privacy policies,
and Infinitera is not responsible for those services or their acts or omissions. By enabling an integration, you instruct and authorize Infinitera
to share or receive the information reasonably necessary to enable the integration. Infinitera may disable an integration if required by a provider,
by law, or to protect toople’s integrity or users.
Beta, Preview, and Experimental Features
From time to time, Infinitera may make beta, preview, or experimental features available (“Beta Features”). Beta
Features are provided for evaluation only, may be changed or discontinued at any time, and are provided “AS IS,” without warranties, service levels, or
support. Beta Features are not designed for production use or sensitive data. You agree to use only non-production, test data with Beta Features.
Confidential Information
In the course of using toople, you may receive access to non-public information relating to Infinitera, including
without limitation product roadmaps, designs, technical specifications, business strategies, or beta features (“Confidential Information”). You
agree to keep Confidential Information strictly confidential and not to disclose it to any third party or use it for any purpose other than your
permitted use of toople under these Terms. Confidential Information does not include information that: (i) is or becomes publicly available without your
breach of this section; (ii) was already lawfully known to you without confidentiality obligations; or (iii) is independently developed by you without
use of Confidential Information.
Your obligations under this section will survive any termination of these Terms.
Service Changes; Availability; Support
Infinitera may modify, suspend, or discontinue toople (or any feature or component) at any time. We may impose or adjust
limits on certain features or usage. Scheduled and emergency maintenance may affect availability. Unless expressly stated in a separate agreement, we do
not provide service-level commitments, and support is offered on a commercially reasonable basis. Trial Accounts do not include service-level commitments,
warranties, or support obligations.
Export Controls and Sanctions Compliance
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction
subject to comprehensive U.S. sanctions, and that you are not on any U.S. or other applicable government list of prohibited or restricted parties. You will
comply with all applicable export control, sanctions, and trade laws in connection with your use of toople and will not export, re-export, or transfer
toople or related technology in violation of such laws. You will not use toople for, or permit toople to be used for, any purpose prohibited by applicable
export control or sanctions laws.
Disclaimers
TOOPLE (INCLUDING ANY AI FEATURES, BETA FEATURES, INTEGRATIONS, AND ALL CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFINITERA DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT
OF COURSE OF DEALING OR USAGE.
YOU AGREE THAT YOUR USE OF TOOPLE, INCLUDING ANY AI OUTPUTS AND INFINITERA MATERIALS, IS AT YOUR SOLE RISK
. TOOPLE AND INFINITERA MATERIALS MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS, AND INFINITERA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, TOOPLE OR ANY INFINITERA MATERIALS.
WITHOUT LIMITING THE FOREGOING, INFINITERA DOES NOT WARRANT THAT TOOPLE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUTS (INCLUDING AI-GENERATED OUTPUTS) WILL BE ACCURATE, COMPLETE, OR RELIABLE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFINITERA AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR
BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF TOOPLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INFINITERA’S TOTAL
LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF TOOPLE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID (IF ANY)
TO INFINITERA FOR TOOPLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS INFINITERA, ITS AFFILIATES, AND SUPPLIERS, AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES
(INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO: (I) YOUR USE OF TOOPLE; (II) YOUR USER CONTENT; (III) YOUR
VIOLATION OF THESE TERMS; OR (IV) YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHT. INFINITERA MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER
SUBJECT TO INDEMNIFICATION BY YOU; IN SUCH CASES, YOU AGREE TO COOPERATE WITH OUR DEFENSE.
Changes to These Terms
Infinitera may update these Terms from time to time. If we make material changes, toople will notify you at login and require you
to review and accept the updated Terms before continuing to use the service. The “Last Updated” date at the top indicates when these Terms were last revised.
Miscellaneous
Assignment.
These Terms are personal to you, and you may not assign or transfer these Terms (or any rights or obligations hereunder). Infinitera
may assign these Terms, in whole or in part, including in connection with a reorganization, merger, acquisition, or sale of assets.
Force Majeure.
Infinitera will not be liable for any delay in the performance of its obligations due to causes beyond its reasonable control,
including but not limited to, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any
government affecting the terms hereof, accident, fire, explosion, pandemic, flood, hurricane, severe weather, or other disaster.
Notices; Electronic Communications
. You consent to receive notices and communications electronically. We may provide notices by posting within toople, by email to
the address associated with your account, or through the Microsoft Marketplace. Legal notices to Infinitera must be sent to support@toople.app.
Independent Parties
. You and Infinitera acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and Infinitera by your use of toople, and neither party has the authority to obligate or bind the other.
Entire Agreement; Order of Precedence
. These Terms, together with the Pricing Page (incorporated by reference) and any subscription terms presented at purchase,
constitute the entire agreement between you and Infinitera regarding toople and supersede all prior or other contemporaneous written or oral agreements on the
subject. In the event of a conflict between these Terms and the terms of a subscription, these Terms control, except (i) as expressly varied in these
Terms, or (ii) where the subscription expressly identifies the provision(s) in these Terms that it modifies.
Severability; Waiver
. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent
permissible and the remaining provisions will remain in full force. The failure of either party to exercise or enforce any right or provision of these
Terms will not constitute a waiver of that right or provision. A waiver of any provision or breach is not a waiver of any other provision or subsequent breach.
Governing Law; Venue
. These Terms are governed by the laws of the United States and the State of North Carolina, without regard to its conflict-of-laws
rules. You and Infinitera agree to the exclusive jurisdiction and venue of the state and federal courts located in Wake County, North Carolina for any
disputes arising out of or relating to these Terms or toople, Each party waives any objection to such venue or jurisdiction. The parties agree that the
United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is expressly excluded.
Contact
Questions about toople or these Terms may be sent to support@toople.app.