Terms of Use

Effective Date: December 12, 2025
Company: theTop Holdings Inc., a Delaware Corporation
Website: https://thetop.com
Application: https://app.thetop.com

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Welcome to TheTop. These Terms of Use (“Terms”) govern your access to and use of our websites, applications, software, APIs, and related 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 (together, the “Agreement”). If you do not agree, do not access or use the Services.

1. Overview of the Services

TheTop is a productivity and decision-intelligence platform that delivers personalized daily briefings, insights, and recommendations based on data you voluntarily connect from supported third-party services.

Current supported integrations include:

• Gmail (Google APIs)
  
• Google Calendar
  
• Microsoft 365 (Microsoft Graph API – Outlook Mail & Calendar)
  

The Services rely on automated systems, including artificial intelligence, to analyze connected data and surface insights. The Services may evolve over time, including changes to features, integrations, or availability.

2. Eligibility

To use the Services, you must:

• Be at least 16 years old (or 18 where required by law)
  
• Have the legal capacity to enter into a binding agreement
  
• Not be prohibited from using the Services under applicable law
  

By using the Services, you represent and warrant that you meet these requirements.

3. Account Registration & Security

When creating an account, you agree to:

• Provide accurate, current, and complete information
  
• Maintain the security of your login credentials
  
• Promptly notify us of unauthorized access or use
  

You are responsible for all activity occurring under your account, whether authorized or unauthorized.

4. Subscriptions, Billing & Payments

Certain features require a paid subscription.

• Billing: Payments are processed by third-party providers (e.g., Stripe). We do not store full payment card details.
  
• Renewals: Subscriptions automatically renew unless canceled before the renewal date.
  
• Refunds: Fees are non-refundable except where required by law or expressly stated in a written agreement.
  
• Pricing Changes: We may modify pricing with reasonable advance notice.
  

5. Acceptable Use

You agree not to:

• Use the Services for unlawful, abusive, fraudulent, or deceptive purposes
  
• Attempt to scrape, crawl, or extract data or functionality without authorization
  
• Reverse-engineer, decompile, or bypass security measures
  
• Access another user’s account without permission
  
• Introduce malware or malicious code
  
• Use the Services to generate or disseminate illegal, harmful, or discriminatory content
  

We may suspend or terminate access at our sole discretion for violations of these Terms.

6. Integrations & User Data Authorization

You may voluntarily connect third-party services to TheTop. By doing so, you authorize us to access, retrieve, process, and store read-only data within the scopes explicitly granted during authorization.

Supported Integrations

• Gmail: Email message content and metadata (read-only)
  
• Google Calendar: Calendar event details (read-only)
  
• Microsoft 365: Outlook email and calendar data (read-only)
  

You retain ownership of your original data. We process such data solely to provide the Services in accordance with our Privacy Policy.

You are responsible for complying with the terms of the third-party services you connect. We are not responsible for:

• API outages or changes
  
• Feature limitations imposed by third parties
  
• Data availability issues caused by third-party platforms
  

7. AI Processing & Human Access

The Services use automated systems, including AI, to generate summaries, insights, and recommendations.

You acknowledge and agree that:

• Outputs may be incomplete, inaccurate, or context-dependent
  
• The Services do not replace human judgment or professional advice
  
• You are solely responsible for decisions made based on the Services
  

While most processing is automated, authorized TheTop personnel may access encrypted user data on a limited, need-to-know basis for legitimate business purposes such as:

• Security and fraud prevention
  
• Debugging and system reliability
  
• Legal, compliance, or audit obligations
  
• User-initiated support requests
  

Such access is controlled, logged, and subject to confidentiality obligations.

8. Intellectual Property

All intellectual property rights in the Services, including software, code, models, interfaces, designs, trademarks, and branding, are owned by theTop Holdings Inc. or its licensors.

You may not:

• Copy, reproduce, or redistribute the Services
  
• Modify or create derivative works
  
• Remove proprietary notices
  

You retain ownership of your own input data. We retain rights to anonymized, aggregated, or non-personal usage data for service improvement.

9. Feedback

If you submit feedback, ideas, or suggestions, you grant TheTop a perpetual, irrevocable, royalty-free, worldwide license to use them without restriction or compensation.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
  
• AI-GENERATED OUTPUTS WILL BE ACCURATE OR COMPLETE
  
• THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE
  

11. Limitation of Liability

To the fullest extent permitted by law, TheTop and its affiliates shall not be liable for:

• Indirect, incidental, consequential, punitive, or special damages
  
• Loss of data, revenue, profits, or business opportunities
  
• Errors or omissions in AI-generated outputs
  
• Issues arising from third-party integrations
  

Our aggregate liability shall not exceed the fees paid by you in the three (3) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless TheTop Holdings Inc., its officers, directors, employees, and affiliates from claims arising out of:

• Your use or misuse of the Services
  
• Violation of these Terms
  
• Violation of applicable laws or third-party rights
  

13. Suspension & Termination

We may suspend or terminate your access:

• For violation of these Terms
  
• For security or compliance reasons
  
• At our discretion, with or without cause
  

Upon termination, your right to use the Services ceases. Data deletion will occur in accordance with our Privacy Policy.

14. Changes to the Terms

We may update these Terms periodically. Material changes will be communicated via email, in-app notice, or website posting.

Continued use of the Services constitutes acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Informal Resolution

Before filing a claim, you agree to contact us at legal@thetop.com to attempt good-faith resolution.

Arbitration

If unresolved, disputes shall be resolved by binding arbitration in Wilmington, Delaware, under AAA rules. You waive the right to jury trial and class actions.

16. Miscellaneous

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement.
  
• Severability: Invalid provisions do not affect the remainder.
  
• No Waiver: Failure to enforce a provision is not a waiver.
  
• Force Majeure: We are not liable for events beyond our control.
  

17. Contact

Legal & Compliance: admin@thetop.com
Mailing Address:
TheTop, 7 CUSTOM HOUSE STREET, PORTLAND, ME 04103

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