Terms of Service

1. About these terms

These Terms of Service are an agreement between you, the business using Tornaly (“you”), and Tornaly (“Tornaly”, “we”, “us”). By creating an account or using the service, you agree to them. If you accept them for a business, you confirm you are allowed to bind that business.

Our Privacy Policy and our Data Processing Agreement are part of these terms.

2. The service

Tornaly is three connected products for appointment businesses:

• Website: a website built from our templates, hosted on tornaly.site or on your own domain, edited with a visual editor or by chatting with AI.
• Booking: an online booking page, calendar, client list, reminders, deposits and no-show protection.
• AI Front Desk: an assistant that answers and books on Instagram, WhatsApp, text message and web chat, and texts back callers you missed.

What each plan includes is shown on our pricing page. We improve the service over time. If a change materially reduces what your paid plan includes, we will tell you in advance, and you can cancel.

3. Accounts and eligibility

• Tornaly is for businesses and independent professionals, not for personal or household use.
• You must be at least 18 and able to enter into a contract.
• Give us accurate information and keep it up to date.
• You sign in with codes sent to your email, so keep your email account secure. You are responsible for what happens in your account, including what your team members do.
• Each business has one owner, who can invite a team and choose their roles.
• We may review a new business before its public links and AI replies are switched on.

4. Free trial and plans

New businesses get a 30-day free trial, with no card required. At the end of the trial, you pick a paid plan, or your account moves to the Free plan automatically. Your website stays online and nothing is deleted. One trial per business.

Prices are listed on our pricing page. Businesses in Canada pay in Canadian dollars (CA$); everyone else pays in US dollars (US$). Prices are per location and before tax.

5. Billing, renewals and refunds

• Paid plans are billed in advance and renew automatically every month or every year, depending on what you chose, until you cancel. We charge the payment method you saved with Stripe.
• Extra people taking bookings are billed at the price shown for your plan.
• “Keep going” usage charges (extra texts or AI conversations after your monthly allowance) apply only if you turn them on, and never above the monthly limit you set. They are billed after the month ends.
• Taxes: we add GST/HST/QST or US sales tax where the law requires it, based on your business address.
• Refunds: a yearly plan is fully refundable if you ask within 14 days of the charge. Other charges are not refundable, except where the law requires it.
• If a payment fails, we tell you and try again. If it still isn’t paid, we may move your account to Free until it is.

6. Price changes

We may change our prices. We will email you at least 30 days before a new price applies to you, and it takes effect at your next renewal after that notice. If you don’t agree, you can cancel before then.

If you joined as a founding member, we honour the price lock described in your founding-member offer.

7. Cancelling

You can cancel at any time in Settings. You keep your paid plan until the end of the period you paid for, then your account moves to Free and your website stays online. We don’t give partial refunds for unused time, except for the 14-day yearly refund above.

To close your account completely and have your data deleted, write to hello@tornaly.com. See section 21 for what happens to your data.

8. Your responsibilities

• Consent to message clients: you must have your clients’ permission to contact them, as required by Canada’s Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA), carrier rules and WhatsApp and Instagram policies. Tornaly applies opt-outs (STOP) automatically; never add an opted-out person back.
• Accurate information: your website and the AI front desk use the services, prices, hours and policies you enter. Keep them correct.
• Your policies: deposits, no-show fees, cancellation fees and gift cards must follow the consumer protection laws where you operate, and you must show them clearly to clients before they book or pay.
• Your clients’ privacy: you are responsible for having a lawful basis for the client data you put into Tornaly, including data you import from other tools, and for your own privacy policy.
• Your business: you are responsible for your services, licences, permits and the taxes on your sales.

9. Payments from your clients

Deposits, no-show fees and other payments from your clients are processed by Stripe through your own Stripe account (Stripe Connect), under Stripe’s terms. You are the seller. Tornaly is not a party to the transactions between you and your clients and takes no commission on them. Stripe’s own fees apply.

Refunds, disputes and chargebacks are between you, your client and Stripe.

10. The AI front desk

The AI front desk writes and sends replies on your behalf, based on your settings and the information you entered. It hands unclear or sensitive conversations to your team. It can still misunderstand or make mistakes.

You are responsible for reviewing your settings, keeping an eye on conversations and taking over when needed, and for the messages sent from your account, including those the AI writes. Do not use it to give medical, legal or emergency advice. Missed-call text-back sends a text message; it does not answer phone calls. We do not guarantee any number of bookings or results.

11. Acceptable use

You must not use Tornaly to send, publish or promote:

• anything illegal, or illegal services;
• spam or messages to people who did not agree to them;
• phishing, scams, or impersonation of another person, business or brand;
• sexual services or sexually explicit content;
• hate, harassment, threats or violence;
• malware or anything designed to harm devices or data;
• content that infringes someone else’s rights, such as copyright or trademarks.

You must also not: collect card numbers, government IDs or detailed health information in chats or notes; try to break, overload, scrape or reverse engineer the service; get around plan limits or security checks; or resell the service without our written permission.

12. Websites you publish

You are responsible for your website’s content, and you must have the rights to the text and images you use. On a Tornaly website:

• do not add custom code or scripts, or try to get around the builder;
• do not collect payments, passwords or other credentials outside Stripe;
• do not copy another business’s name, branding or website.

If you connect your own domain, you are responsible for registering it and keeping it renewed. Free websites show a “Made with Tornaly” badge.

We may unpublish or suspend a website that breaks these terms, and we will tell you why when we can. To report a website, including for copyright, write to hello@tornaly.com with the link and the reason. We review every report and act on it.

13. Other companies’ services

Tornaly connects to services run by other companies, such as WhatsApp and Instagram (Meta), Stripe and phone carriers. Their terms apply to your use of them, and you authorize us to act on your behalf with them to provide the service. We are not responsible for their outages or decisions, for example if Meta restricts your WhatsApp number.

14. Who owns what

You own your content and your client data. You give us a limited licence to host, copy, process, display and send it, only to provide and protect the service, as described in our Data Processing Agreement. You can export your client data and results at any time.

We own Tornaly: the software, templates, designs and brand. While you have an account, you may use the service and our templates for your business on Tornaly. If you send us feedback, we may use it freely.

15. Confidentiality

Each of us will keep the other’s non-public information confidential and use it only for this agreement. This does not cover information that is public, already known, independently developed, or that the law requires us to disclose.

16. No warranties

We provide the service with reasonable care and skill. Apart from that, and to the extent the law allows, the service is provided “as is”, without warranties of any kind, including that it will be uninterrupted or error-free, or fit for a particular purpose.

17. Limitation of liability

To the extent the law allows, neither of us is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data.

Our total liability for all claims about the service is limited to the fees you paid us in the 12 months before the event that led to the claim.

Nothing in these terms limits liability that the law does not allow to be limited.

18. Indemnity

You will defend and compensate us for claims by others, and the related costs, that come from your content, your messages to clients (including messages sent without their consent), your services, or your breach of these terms or the law.

19. Suspension

We may immediately limit or suspend part or all of your account (for example, pause the AI front desk, stop texts or unpublish your website) to stop abuse, protect people or the service, follow the law, or because of non-payment. When we can, we tell you why and how to fix it.

20. Ending the agreement

You can stop using Tornaly at any time. We may end this agreement if you seriously breach these terms and don’t fix it within 14 days of our notice, or immediately for serious abuse or if the law requires it.

21. Your data after your account closes

After your account is closed, you have 30 days to export your data. We then delete it from our live systems, and backup copies are deleted as backups expire, within 30 days after that. We keep only what the law requires, such as billing records. Your website goes offline when your account closes. (If you simply cancel a paid plan, you move to Free and your website stays online.)

22. Changes to these terms

We may update these terms. For significant changes, we will tell you by email or in the app at least 30 days before they take effect. If you keep using Tornaly after that, the new terms apply. If you don’t agree, you can cancel before they take effect.

23. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there.

If there is a dispute, please write to us first: we will try in good faith to resolve it within 30 days. If we can’t, the courts of the Province of Ontario have jurisdiction. Nothing in these terms takes away rights you have under laws that cannot be set aside by contract.

24. General

These terms, the Privacy Policy and the Data Processing Agreement are the whole agreement between us about Tornaly. You may not transfer this agreement without our consent; we may transfer it to a company that takes over our business. If part of these terms can’t be enforced, the rest still applies. Not enforcing a right is not a waiver of it. Neither of us is responsible for delays caused by events beyond our reasonable control. We send notices to your account email.

These terms are available in English and Spanish. If the two versions differ, the English version applies.

25. Contact

Email: hello@tornaly.com