Toska Terms and Conditions of Use
1. Important: Toska is not a medical or crisis service
(a) Toska is a journaling application. It is not medical care, not therapy, not counselling and not a crisis service. Its AI observes patterns in your own writing. It does not diagnose, treat or advise, and nothing in the Application is a substitute for professional help.
(b) If you are in crisis or thinking about harming yourself, please reach out now: in Australia, call Lifeline on 13 11 14 (24/7), Beyond Blue on 1300 22 4636 (24/7) or emergency services on 000. Internationally, findahelpline.com and Befrienders Worldwide (befrienders.org) list free, confidential support lines for your country.
2. About these Terms
(a) These Terms and Conditions of Use ("Terms") are a legal agreement between you and Toska Pty Ltd (ACN 701 995 771) ("Toska", "we", "us") governing your use of the Toska mobile application and the services provided through it (the "Application"). By creating an account or using the Application you agree to these Terms. If you do not agree, do not use the Application.
(b) Our Privacy Policy explains how we handle your personal information and forms part of these Terms. Your consent to AI analysis of your entries is a separate, explicit choice you make during onboarding, governed by the Privacy Policy.
(c) These Terms are between you and Toska only, not Apple Inc. ("Apple"). Toska, not Apple, is solely responsible for the Application and its content. Apple has no obligation to provide any maintenance or support for the Application.
3. Eligibility and your account
(a) You must be 18 years or older to use the Application. By creating an account you confirm that you are, and we rely on that confirmation. We will close any account we learn belongs to a person under 18.
(b) You are responsible for keeping your sign-in method secure and for activity under your account, except activity after you have told us of unauthorised access, or activity caused by our own failure. Tell us promptly at privacy@toska.com.au if you believe your account has been accessed without your authorisation.
(c) The Application is not currently offered in the EU/EEA or the United Kingdom.
(d) You represent that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
4. Licence to use the Application
(a) We grant you a limited, non-exclusive, non-transferable licence, revocable only as set out in clause 13, to install and use the Application on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, for your personal, non-commercial use, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(b) You must not copy, modify, distribute, sell, lease, sublicense, reverse-engineer, decompile or attempt to extract the source code of the Application, except to the extent the law expressly permits despite this restriction.
(c) The Application, including its software, design, text, sounds and the observer's voice, and all intellectual property rights in it, belong to Toska or its licensors. Nothing in these Terms transfers any of them to you.
(d) You must comply with any applicable third-party terms when using the Application, including Apple's terms.
5. Your content
(a) Your journal entries are yours. You retain all ownership of everything you write.
(b) You grant us a limited, non-exclusive, royalty-free licence to store, process (including through the AI infrastructure described in the Privacy Policy) and display your content, to operate the Application for you and to improve it in the ways the Privacy Policy describes. This licence ends when your content is deleted.
(c) We claim no other rights to your writing. We never use it for advertising and never sell it.
(d) You are responsible for your content. Do not record content that infringes another person's rights or that is unlawful.
(e) Once the AI has read an entry, that entry can no longer be edited or deleted on its own. It stays in your record until you erase all of your content from your Profile or delete your account.
(f) Suggestions or feedback you send us may be used without any obligation to you.
6. Acceptable use
You must not: (a) attempt to probe, break, overload or interfere with the Application or the infrastructure it runs on; (b) attempt to access another person's account or data; (c) reverse-engineer, extract or attempt to replicate the AI analysis or its instructions, or use the Application to build a competing product or dataset; (d) access the Application by automated means such as bots or scrapers; (e) circumvent fair-use limits, payment or any security control; or (f) use the Application for any unlawful purpose. Fair-use limits apply to AI features and are enforced automatically.
7. AI observations: no reliance
(a) The observations, traits, connections and other outputs of the Application are generated by AI from your own writing, without human review. They may be inaccurate, incomplete, out of date or unsuitable for your situation.
(b) They are offered for your own reflection only. They are not medical, psychological, legal, financial or other professional advice, and you agree not to rely on them as such. Seek qualified help for decisions that matter.
(c) We do not warrant that the outputs will be accurate, or that the Application will identify any particular pattern, risk or condition. The Application screens entries for crisis language only so that the AI does not analyse them. It does not monitor for or respond to emergencies, and no person is alerted.
8. Subscriptions
[Placeholder — subscription and billing terms will be added when in-app purchases launch. Until then, the service is provided without charge and without any promise of continued free access.]
9. Availability, changes and support
(a) We work to keep the Application available, but it is provided "as is" and "as available". We may change, suspend or discontinue features. If we withdraw or materially reduce a feature you have paid for, we will tell you in advance, and you may cancel and we will support your refund request to Apple for the unused part. If we discontinue the Application entirely, we will give you reasonable notice and the opportunity to export your journal entries.
(b) For support, email privacy@toska.com.au. Toska, not Apple, is solely responsible for maintenance and support of the Application.
(c) Subject to clause 10(a), we are not responsible for interruptions caused by events genuinely outside our reasonable control.
(d) We work to keep your writing safe, but we do not promise to keep a backup copy of it. Export regularly if it matters to you; the export is produced on your device and is yours to keep safe.
10. Warranties and consumer guarantees
(a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.
(b) This paragraph limits what we promise. Subject to (a), and to the maximum extent permitted by law, we exclude all other warranties, whether express or implied, including any warranty of fitness for a particular purpose, and we do not warrant that the Application will be error-free or uninterrupted.
(c) To the extent any applicable warranty is not effectively disclaimed and the Application fails to conform to it, you may notify Apple, and Apple will refund the purchase price (if any) paid for the Application to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
11. Liability
(a) This paragraph limits our liability. Subject to clause 10(a), and to the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits or goodwill, arising from your use of, or inability to use, the Application, and our total liability to you for all claims arising out of these Terms or the Application is limited to the greater of the amount you paid for your subscription through Apple in the 12 months before the claim and AUD 50.
(b) The Application is supplied for one purpose: keeping a private journal and seeing patterns in your own writing. Answers you give during onboarding shape what the Application shows you; they are not a further purpose we undertake to serve.
(c) You are responsible for your own decisions and actions, including any decision made in reliance on the Application's outputs.
(d) We, not Apple, are responsible for addressing any claim by you or a third party relating to the Application or your possession or use of it, including product liability claims, claims that the Application fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
(e) We, not Apple, are solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes a third party's intellectual property rights.
12. Your responsibility for breach
You agree to compensate us for loss we suffer that is caused by your breach of these Terms or your unlawful use of the Application, to the extent the loss was caused by you.
13. Ending your account
(a) You can delete your account at any time in the Application (Profile, Delete account). Deletion is immediate and irreversible, as described in the Privacy Policy. Erasing all of your content while keeping your account, also from your Profile, is equally immediate and irreversible. Export your journal entries first if you want a copy. If you decline consent during onboarding, we keep only your sign-in identity and email address until you complete onboarding, or ask us at privacy@toska.com.au to delete them.
(b) We may suspend or terminate your account if you seriously or repeatedly breach these Terms and, unless immediate action is needed to protect the Application or other users, do not fix the breach within 14 days of our notice; if the law requires it; or if we discontinue the Application. Where we end your account for a reason other than your breach, we will give you the opportunity to export your journal entries and will support your refund request to Apple for the unused part of any paid period. Termination does not affect rights that accrued before it.
(c) Clauses that by their nature should survive termination, including clause 5(b) as to the end of the licence, and clauses 7, 10, 11, 12 and 15, survive.
14. Third-party services and links
The Application relies on third-party infrastructure described in the Privacy Policy, and may link to services we do not control, including crisis support services. We are not responsible for those services or their content.
15. Governing law and disputes
(a) These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts. If you use the Application from elsewhere, local mandatory consumer protections still apply to you.
(b) Before starting formal proceedings, please contact us at privacy@toska.com.au so that we can try to resolve the issue. We will respond within 30 days.
16. Changes to these Terms
(a) Each version of these Terms is numbered and dated. We may update these Terms to reflect changes in the Application, the law or our business. We will notify you, in the Application or by email, of a material change at least 14 days before it takes effect. Continued use after the effective date is acceptance. If you do not accept a material change, you may end your subscription (we will support your refund request to Apple for the unused part of any prepaid period), export your journal entries and delete your account before the change takes effect.
(b) Version 1.1: Toska Pty Ltd replaces the sole trader named in version 1.0 as the party to these Terms.
17. General
(a) You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that 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.
(b) If any part of these Terms is unenforceable, the rest remains in force.
(c) These Terms and the Privacy Policy are the entire agreement between you and us about the Application. A failure to enforce a term is not a waiver of it. You may not assign your rights under these Terms. We may assign ours to a successor who is bound by these Terms and the Privacy Policy; we will notify you before any transfer, and you may export your journal entries and delete your account first.
(d) Contact: Toska Pty Ltd (ACN 701 995 771), L1 63-73 Ann Street, Surry Hills, Sydney NSW 2010, privacy@toska.com.au.