Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Mikayel Grigoryan, doing business as Tutti ("Tutti", "we", "us", "our"), and govern your access to and use of our websites, applications, software, and related services (together, the "Service").

By creating an account, clicking to accept, or accessing or using the Service, you agree to these Terms and to the policies they incorporate: our Privacy Policy, Acceptable Use Policy, and, where it applies, our Data Processing Addendum. If you do not agree, do not use the Service.

PLEASE READ THE "DISPUTE RESOLUTION" SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

The Service is intended for business and professional use only, not for personal, family, or household purposes. You must be at least 18 years old and able to form a binding contract to use it.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" and "Customer" refer to that organization. You may not use the Service if you are barred from receiving it under any applicable law.

You must provide accurate information, keep your login credentials and any third-party accounts you sign in with secure, and notify us promptly of any unauthorized use. You are responsible for all activity that occurs under your account and within workspaces you own or administer, including the acts and omissions of the users you invite.

We may add, change, suspend, limit, or discontinue any part of the Service, including features, integrations, usage limits, and supported providers, at any time and without liability to you. Some features may be labeled as beta, preview, or experimental; they are provided for evaluation, may be unreliable, and may be withdrawn at any time.

We do not provide any service level commitment. We may perform maintenance that interrupts the Service, with or without notice.

The Service may let you connect or rely on services provided by third parties, such as email, identity, file, payment, and artificial intelligence providers ("Third-Party Services"). Your use of a Third-Party Service is governed by your agreement with its provider. By connecting one, you authorize us to access and exchange data with it on your behalf as needed to provide the Service.

You are responsible for complying with the terms of each Third-Party Service you use. We do not control and are not responsible for Third-Party Services, including their availability, security, accuracy, or any change to or discontinuation of their interfaces, which may affect the Service.

You may only connect accounts, mailboxes, files, and data that you own or are authorized to connect and to let others in your workspace access.

"Customer Data" means all data, content, and materials that you or your users submit to, connect with, or generate through the Service, including emails, contacts, templates, drafts, and files. As between you and us, you retain your rights in Customer Data.

You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data as necessary to provide, maintain, secure, and support the Service, to prevent abuse, and to comply with law.

You are solely responsible for Customer Data and for how you obtain and use it, including having all rights, notices, and consents, and a lawful basis, required to collect, process, and send it through the Service. You are responsible for keeping your own backups; we are not liable for any loss or corruption of Customer Data.

We may use aggregated or de-identified data that does not identify you or any individual to operate, secure, and improve the Service.

The Service includes features that use artificial intelligence to generate, classify, or suggest content ("AI Output"). AI Output is generated automatically, may be inaccurate, incomplete, biased, or inappropriate, and may not be unique. It is not professional advice of any kind.

You are solely responsible for reviewing AI Output, for any decision to use, edit, or send it, and for all messages sent from your accounts through the Service. We make no representation or warranty about AI Output and have no liability for your use of it.

You must comply with our Acceptable Use Policy and all laws that apply to your use of the Service, including anti-spam, marketing, privacy, and data protection laws. You are responsible for your users' compliance.

• Paid plans are billed in advance on a recurring basis at the prices and on the terms shown at checkout. Subscriptions renew automatically until canceled.
• Payments may be processed by a third-party reseller or merchant of record, whose buyer terms also apply to the purchase. You authorize us and that provider to charge your chosen payment method.
• You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Except where required by law, all fees are non-refundable, including for partial periods, unused seats, and downgrades.
• Fees exclude taxes unless stated otherwise. You are responsible for all applicable taxes other than taxes on our income.
• We may change our prices. Price changes apply from your next renewal after we notify you.
• We may suspend or downgrade access to paid features if payment fails or is overdue.

We may offer free trials or promotional access at our discretion, subject to eligibility limits we set. We may change, limit, or end any trial at any time. Creating multiple accounts or workspaces, or using other means, to obtain additional trials is prohibited. When a trial ends, features that require a paid plan stop working unless you subscribe.

The Service and all software, designs, text, graphics, trademarks, and other materials in it (excluding Customer Data) belong to us or our licensors and are protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service during your subscription or trial for your internal business purposes. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation to you.

We use reasonable technical and organizational measures designed to protect Customer Data. However, no method of transmission or storage is completely secure, and we do not guarantee that Customer Data will not be accessed, disclosed, altered, or lost.

You may stop using the Service at any time and may delete your account or workspace through the Service.

We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have breached these Terms or any incorporated policy, your use creates legal, security, or reputational risk for us or others, a Third-Party Service restricts your use, payment is overdue, or we are required to by law. We may also terminate these Terms for convenience, or discontinue the Service, by giving you notice.

On termination, your right to use the Service ends, and we may delete Customer Data after termination in line with our Privacy Policy and Data Processing Addendum. Sections that by their nature should survive termination survive, including those on Customer Data, AI features, fees owed, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES WILL BE DELIVERED, OR THAT THE SERVICE OR ANY RESULTS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUCCESSORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND ALL INCORPORATED POLICIES AND ADDENDA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) USD 50.

These limitations are an essential basis of the bargain and apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless us and our affiliates, successors, and service providers from and against all claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to Customer Data, messages sent from your accounts, your or your users' use of the Service or any Third-Party Service, or your or your users' breach of these Terms, any incorporated policy, or applicable law.

Informal resolution. Before starting any proceeding, you agree to first contact us at mikayel@tutti.work and try in good faith to resolve the dispute informally for at least 30 days.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including its existence, validity, or termination, that is not resolved informally will be finally resolved by binding arbitration administered by the Arbitration and Mediation Center of Armenia (AMCA) under its arbitration rules in effect at the time. The tribunal will consist of a sole arbitrator. The seat of arbitration is Yerevan, Republic of Armenia, and the language of the arbitration is English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury waiver. Disputes will be resolved only on an individual basis. Neither party may bring or participate in a class, collective, consolidated, or representative action or arbitration, and the arbitrator may not consolidate claims or award relief to anyone other than the individual party. To the extent any claim proceeds in court, each party waives its right to a jury trial.

Exceptions. Either party may bring an individual claim in a small claims court of competent jurisdiction, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information or to stop unauthorized use of the Service.

Time limit. To the extent permitted by law, any claim must be brought within one year after it arose, or it is permanently barred.

If the class action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration. If any other part of this section is found unenforceable, the rest remains in effect.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Republic of Armenia, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the Dispute resolution section, the courts located in Yerevan, Republic of Armenia have exclusive jurisdiction, and you consent to their personal jurisdiction.

If you are a consumer, nothing in these Terms deprives you of the protection of mandatory provisions of the law of the country where you live.

You may not use, export, or allow access to the Service in violation of any export control or sanctions law, or by or for anyone who is the subject of such sanctions or located in a comprehensively sanctioned country or region.

We may modify these Terms at any time by posting the updated version and updating the effective date. If we make material changes, we will make reasonable efforts to notify you, for example by email or in the Service. Changes take effect when posted unless we state otherwise. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

• Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and us about the Service and supersede all prior agreements and understandings. Any purchase order or other terms you provide are void.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate, to a company formed to operate the Service, or in connection with a merger, acquisition, or sale of assets.
• Severability and waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect. Our failure to enforce a right is not a waiver of it.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including failures of Third-Party Services, networks, or hosting providers.
• Notices. You consent to receive notices electronically. We may send notices to the email address associated with your account or post them in the Service. You must send legal notices to us by email.
• Relationship. The parties are independent contractors. There are no third-party beneficiaries of these Terms.
• Language. These Terms are written in English, and the English version controls over any translation.

Questions about these Terms: mikayel@tutti.work.