Terms of Use
Effective Date: October 20th, 2025
Company: TheTop Holdings Inc., a Delaware Corporation
Website: https://thetop.com
Application: https://app.thetop.com
Welcome to TheTop. These Terms of Use (“Terms”) govern your access to and use of our website, application, software, and services (collectively, the “Services”), operated by theTop Holdings Inc. (“TheTop,” “we,” “our,” or “us”). By accessing or using the Services, you (“you,” “your,” or “User”) agree to be legally bound by these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use our Services.
1. Overview of the Services
TheTop is a productivity intelligence platform that delivers personalized daily briefings and actionable insights based on data you choose to connect from third-party tools (e.g., Gmail, Slack, Notion, Google Calendar). You must create an account and optionally connect integrations to use the core features. The Services may evolve over time with new or modified functionality.
2. Eligibility
To use TheTop, you must:
- Be at least 16 years old (18 in some jurisdictions)
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using our Services under applicable law
By using our Services, you represent and warrant that you meet these eligibility criteria.
3. Account Registration & Security
When registering:
- You agree to provide accurate, current, and complete information.
- You are responsible for safeguarding your account credentials.
- You must immediately notify us of any unauthorized use of your account.
- You are responsible for all activity occurring under your account, whether authorized or not.
4. Subscription and Payment Terms
Access to some Services may require a paid subscription.
- Billing: Payments are processed by third-party providers (e.g., Stripe). You agree to pay all fees and applicable taxes.
- Renewals: Subscriptions auto-renew unless cancelled before the renewal date.
- Refunds: All payments are non-refundable unless required by law or stated otherwise in a signed agreement.
- Price Changes: We reserve the right to change pricing with reasonable notice.
5. Acceptable Use
You agree not to:
- Use the Services for any unlawful, abusive, or fraudulent purpose
- Scrape, extract, or mine our platform using automated tools unless authorized
- Reverse-engineer or attempt to bypass our security features
- Use another person’s account without permission
- Introduce malicious code (e.g., viruses, trojans)
- Use the Services to generate illegal, discriminatory, or harmful outputs
We may suspend or terminate access for any user violating these rules, at our sole discretion.
6. Integrations and Data Sources
You may connect third-party applications (e.g., Gmail, Slack, Asana). By doing so:
- You grant us access to retrieve, analyze, and process limited data for the purpose of delivering the Services
- You retain ownership of your original data
- You agree to comply with the terms of those third-party platforms
- We are not responsible for data loss, unauthorized access, or feature limitations caused by third-party API changes or outages
6.1 Gmail and Google Calendar Access
When you connect Gmail or Google Calendar:
- We access your data in read-only mode – we never send, delete, or modify emails or calendar events
- Gmail data is used solely to generate personalized daily briefs with email summaries and action items
- Calendar data is used to provide context-aware insights and upcoming event information
- Your data is encrypted in transit (HTTPS/TLS) and at rest (AWS S3)
- You can revoke access at any time through: https://myaccount.google.com/permissions
- Upon revocation or account deletion, we delete all associated Gmail/Calendar data within 30 days
Google API Services Compliance: TheTop’s use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
7. Intellectual Property
All intellectual property in TheTop—software, code, UI, content, and branding—belongs to theTop Holdings Inc. or its licensors.
You may not:
- Copy, reproduce, or redistribute the Services or any part thereof
- Modify or create derivative works without written permission
- Remove or obscure proprietary notices
You retain ownership of your own input data and generated content, but we retain rights to non-personal, aggregated usage data for improving our Services.
8. Feedback and Suggestions
We welcome feedback. By submitting suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without compensation or attribution.
9. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind. We do not guarantee that:
- The Services will be error-free, uninterrupted, or secure
- AI-generated summaries are factually accurate or complete
- Integrations will always remain functional
You are solely responsible for evaluating and acting upon the insights provided.
9.1 AI-Generated Content Disclaimer
Our AI-powered daily briefs are generated by machine learning models:
- Not a substitute for professional advice – Do not rely solely on AI summaries for critical business or personal decisions
- May contain errors – AI may misinterpret context, miss important details, or generate inaccurate summaries
- Verify important information – Always review original emails and calendar events for critical matters
- No warranty of accuracy – We do not guarantee the correctness, completeness, or reliability of AI outputs
10. Limitation of Liability
To the fullest extent permitted by law, TheTop and its officers, directors, employees, affiliates, and licensors are not liable for any:
- Indirect, incidental, punitive, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Claims arising from third-party service integrations
- Errors, inaccuracies, or omissions in AI-generated content
In any case, our aggregate liability is limited to the amount you paid in the 3 months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless TheTop and its affiliates from and against any claims, damages, liabilities, losses, and expenses arising from:
- Your use or misuse of the Services
- Violation of these Terms
- Violation of any law or third-party rights
12. Suspension and Termination
We reserve the right to:
- Suspend or terminate your account for violations of these Terms
- Remove access to specific features or integrations
- Cancel Services at any time with or without cause
Upon termination, your license to use the Services ceases, and we may delete your account data after a grace period.
12.1 Data Retention After Termination
Upon account termination or deletion:
- All Gmail and Calendar data is permanently deleted within 30 days
- Aggregated, anonymized analytics may be retained for service improvement
- You may request immediate data deletion by contacting support@thetop.com
- Backups may persist for up to 90 days for disaster recovery purposes
13. Changes to the Terms
We may update these Terms from time to time. We will provide notice via:
- Email
- In-app notification
- Posting on our website
Continued use of the Services after updates constitutes acceptance of the revised Terms.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.
a. Informal Resolution – If a dispute arises, you agree to contact us first at legal@thetop.ai to attempt good-faith resolution.
b. Arbitration (If Unresolved) – If not resolved informally, any dispute shall be settled by binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association. You waive your right to a trial by jury or to participate in class actions.
15. Miscellaneous
Entire Agreement: These Terms and our Privacy Policy form the entire agreement between you and TheTop.
Severability: If any provision is found invalid, the rest remain in effect.
No Waiver: Failure to enforce a provision is not a waiver of our rights.
Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, outages, wars).
16. Contact
Questions or legal notices may be sent to:
TheTop Holdings Inc.
📧 legal@thetop.com
7 CUSTOM HOUSE STREET
PORTLAND, ME 04103