Terms of Service
Last Updated: March 7, 2025
Welcome to Totus (the "Service"), provided by Kukino Ltd ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to
and use of our API service, including any documentation, tools, and resources we provide (collectively, the "Service"). By accessing or
using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding agreements to use the Service. By using the Service,
you represent that you meet these requirements.
2. Account Registration
To access the Service, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Keep your account credentials confidential and not share them with others.
- Notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account if we suspect any violation of these Terms or misuse of the Service.
3. License to Use the Service
We grant you a limited, non-exclusive, non-transferable, revocable license to use our Service and APIs. You may integrate them into
frontends, GUIs, or other applications that add significant functionality, for your own use or your customers’, as long as you follow
these Terms. You may not resell, redistribute, or provide access to our Service or APIs in their original form—such as by exposing raw
endpoints or adding only branding—without our prior written consent.
4. Usage Restrictions
You agree not to:
- Use the Service for any illegal, harmful, or unauthorized purpose.
- Reverse engineer, decompile, or attempt to extract the source code of the Service.
- Overload, disrupt, or interfere with the Service or its infrastructure (e.g., through excessive API calls or denial-of-service
attacks).
- Use the Service to send spam, malware, or other harmful content.
- Misrepresent your identity or affiliation when using the Service.
- Use the Service to generate or distribute hate speech, pornography, or content that promotes violence or discrimination.
- Scrape, harvest, or collect data from the Service beyond what’s allowed by our APIs or documentation.
- Impersonate others or use the Service to trick, defraud, or harass anyone.
We may throttle, suspend, or terminate your access if we detect activity that violates these restrictions or harms the Service’s
performance.
5. Export Compliance
You agree not to use the Service in violation of any export control or sanctions laws (e.g., those of Panama or the United States). It’s
on you to ensure your use complies with all applicable regulations. We’re not responsible if you break these rules.
6. API Usage and Limits
- API Keys: You must secure your API keys and not share them publicly or embed them in client-side code.
- Rate Limits:
Your usage is subject to rate limits outlined in our documentation or plan. Exceeding limits may result in throttling, additional
fees, or suspension at our discretion.
- Monitoring:
We may monitor usage to ensure compliance and optimize the Service. Excessive or abusive requests (e.g., flooding endpoints) may lead
to immediate access restrictions.
7. Beta Features
From time to time, we might roll out features or APIs labeled as “beta,” “preview,” or “experimental or alpha.” These are works in
progress. They’re provided as-is, with no guarantees of functionality, support, or continuation. We can tweak or kill them anytime, no
notice required. Use them at your own risk.
8. Free Credits, Promotions and Discounts
We may, at our sole discretion, offer free credits to new users upon registration or provide promotional offers, including monthly
promotions, to some or all users. These are perks, not promises. Here’s the deal:
- No Guarantee: You are not entitled to receive free credits, promotions, or any other benefits, now or in the future.
There’s zero warranty—express or implied—that you’ll get them next month, next year, or ever. We decide if, when, and how they happen,
and that’s it.
- We Can Change or Cancel Anytime: We reserve the absolute right to modify, suspend, or terminate free credits,
promotions, discounts or any related offers at any time, for any reason (or no reason), with or without notice. This includes changing
eligibility, amounts, frequency, or wiping them out entirely. No heads-up required, no recourse offered.
- Non-Transferable and Non-Refundable: If you get free credits or promotional benefits, they’re yours to use under
these Terms, but you can’t transfer, sell, or cash them out. They expire when we say they do—or when we discontinue them—whichever
comes first.
- Not a Contract: Offering free credits, promotions or discounts doesn’t create any obligation on our part. It’s a
bonus, not a right. Don’t rely on them sticking around.
Bottom line: these are gifts we can give or take away whenever we want. If you’re counting on them, please do don’t. Check our current
offers for details, but expect nothing tomorrow.
9. Service Modifications
We can change, suspend, or discontinue any part of the Service—or the whole thing—at any time, for any reason, with or without notice.
This includes features, functionality, APIs, or access terms. We’ll try to keep you posted, but it’s your job to adapt if we shake things
up.
10. Fees and Payment
The Service operates on a pre-paid basis unless otherwise agreed in writing. You agree to the following payment terms:
- Pre-Paid Accounts:
You must pre-pay fees based on your plan or usage tier (see pricing documentation). Access continues only while your balance is
positive; if it runs out, we may suspend service without notice until you top up. Fees are non-refundable unless required by law or we
say otherwise in writing.
- Credit Accounts (Post-Pay):
If we approve you for post-pay, invoices are issued monthly and due within 15 days. Late payments accrue 5% monthly interest (or the
legal max) plus collection costs.
- Payment Terms: All payments must be made via the payment methods we provide. You are responsible for any taxes
or fees associated with your use of the Service, excluding taxes on our income.
- Pricing Changes: We may update pricing with reasonable notice (e.g., via email or through the Service). Continued use
of the Service after such changes constitutes acceptance of the new pricing.
- Disputes: If you believe an invoice contains an error, you must notify us within 30 days of the invoice date, or the
invoice will be deemed accepted.
- Continuity We don’t guarantee the Service will remain available if you don’t maintain payment —think of it as “pay upfront, or we might not be
here tomorrow.”
11. Intellectual Property
- Our Rights: We retain all rights, title, and interest in the Service, including its code, documentation, and any
updates or modifications.
- Your Data: You retain full ownership of any data or content you submit through the Service ("User Data"). By
submitting User Data, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store it solely for the
purpose of providing the Service to you. We do not sell, trade, or share your User Data with third parties for marketing or any
other purpose unrelated to operating the Service.
- API Output: The Service provides output (e.g., reference data from your use) that you may use under this license, but
you don’t own it, and it carries no exclusivity rights. We don’t own the underlying data —it’s sourced from third parties— and we may
redistribute or provide it to others. We’re not responsible for its accuracy, legality, or availability. We aim to keep it reasonably
accurate.
- If you provide feedback or suggestions about the Service, we may use them to improve the Service and enhance your experience. We do
not sell or redistribute your feedback, and it will only be used for the purpose of refining and supporting the Service.
12. Third-Party Dependencies
The Service may rely on data, tools, or services from third parties we don’t control. We don’t guarantee their accuracy, availability, or
continued existence. If a third party stops providing what we need, we may alter or discontinue parts of the Service without notice or
liability. You use their output at your own risk.
13. Privacy
Our collection and use of your personal information are governed by our Privacy Policy. By using
the Service, you consent to such processing.
14. Termination
- By You:
You can stop using the Service and cancel your account anytime via our tools. No refunds for pre-paid fees.
- By Us:
We may suspend or terminate your access immediately if you breach these Terms, or for legal, security, or operational reasons (e.g.,
non-payment or abuse). We’ll try to notify you first when practical, but we reserve the right to act without notice. Upon termination,
your license ends, and you must stop using the Service. We take account terminations seriously and consider them a last resort. Where
feasible, we will attempt to notify you in advance and work with you to address the issue before taking such action.
Upon termination, your license to use the Service ends, and you must cease all use of it.
15. Force Majeure
We’re not liable for any failure or delay in providing the Service due to events beyond our reasonable control, including but not limited
to natural disasters, wars, government actions, power outages, internet failures, or third-party service disruptions. If something like
this happens, we’ll do our best to keep things running, but no promises.
16. Disclaimers
We aim to keep the Service running smoothly, but the generally-available APIs are provided “as is” and “as available,” with no warranties
(express or implied) about uptime, performance, or anything else. We don’t promise the Service will stick around if you’re not current on
payments. For guaranteed quality or uptime, contact us about private endpoints under separate terms.
If you require specific performance or quality assurances, please contact us to discuss private endpoints with tailored quality of service
warranties, which may be available under separate agreements.
17. No Reliance on Service
The Service isn’t guaranteed to be uninterrupted, error-free, or suitable for any specific purpose. Don’t rely on it for critical
operations—like life-and-death, big financial decisions, or anything where downtime could hurt you. You’re responsible for having
backups or alternatives in place.
18. Limitation of Liability
To the maximum extent permitted by law, Kukino Ltd and its affiliates, officers, employees, or agents will not be liable for any indirect,
incidental, special, consequential, or punitive damages arising from your use of the Service, even if advised of the possibility
of such damages. Our total liability to you will not exceed the amount you paid us for the Service in the preceding month.
19. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or damages (including legal fees) arising from your use of the
Service, your violation of these Terms, or your infringement of any third-party rights.
20. Changes to These Terms
We may update these Terms from time to time. We will notify you of significant changes via email or through the Service. Your continued use
of the Service after such changes constitutes acceptance of the updated Terms.
21. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Country of Panama, without regard to its conflict of laws principles. Any disputes arising
from these Terms will be resolved through binding arbitration in Panama City, except that either party may seek injunctive relief in a
court of competent jurisdiction.
22. Miscellaneous
- Entire Agreement: These Terms, along with any referenced policies, constitute the entire agreement between you and us
regarding the Service.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full
effect.
- No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
23. Contact Us
If you have questions about these Terms, please contact us at:
- By Email: sA4uA4pA4pA4oA4rA4tA4@A4gA4oA4tA4oA4tA4uA4sA4.A4cA4oA4mA4
- By the Service Console: via its contact form (preferred method)
- By Post: Unit 81128, PO Box 7169, Poole, BH15 9EL, United Kingdom