Terms of Service

These Terms of Service (the “Terms”) are an agreement between Tako (“Tako,” “we,” “us”) and the business that creates a Tako workspace (“you”). They cover the Tako website, the Tako application and every feature in it (together, the “Service”).

By creating an account, starting a trial or subscribing, you accept these Terms, our Privacy Policy and our Data Processing Addendum (the “DPA”), which form part of these Terms. If you accept on behalf of a company, you confirm you have authority to bind it.

Tako is a business tool. It is meant for businesses and the people who work for them, not for personal, family or household use. You must be at least 18 to use it.

A workspace belongs to the business that created it. The person who creates it is the workspace owner. Owners and admins can invite team members, change their roles, manage billing and remove people. You are responsible for everyone you invite and for what they do in your workspace.

• Give accurate account and billing information, and keep it current.
• Keep sign-in details private. Each person uses their own login; don’t share one.
• Tell us promptly at legal@takobms.com if you think someone has accessed your account without permission.

New workspaces get a free 14-day trial of the Pro plan. We don’t ask for a card to start a trial, and a trial never turns into a paid subscription by itself. When it ends, the workspace locks until you choose a plan (see When a workspace lapses). We may change or end trial offers for new sign-ups at any time; that doesn’t affect a trial already running.

Tako is sold as a subscription to one of these plans:

• Solo: $49 a month billed monthly, or $492 a year billed yearly. Includes up to 1 person.
• Pro: $79 a month billed monthly, or $792 a year billed yearly. Includes up to 3 people.
• Studio: $147 a month billed monthly, or $1,464 a year billed yearly. Includes up to 10 people.

Your subscription renews automatically at the end of each billing period (every month or every year, whichever you chose) at the then-current price, until you cancel. You authorize us, through our payment processor Stripe, to charge the payment method on file at the start of each period. Before you subscribe, the checkout screen shows the price, the billing interval and how to cancel, and asks for your separate consent to automatic renewal.

• Prices are in US dollars and don’t include taxes. Where tax applies, it is added at checkout.
• If you switch plans, the change takes effect right away and Stripe charges or credits the prorated difference.
• We may change prices. We will tell you by email at least 30 days before a new price applies to your subscription, and the new price starts at your next renewal after that notice. You can cancel before then.
• For yearly plans, we will email you a reminder before each yearly renewal.

You can cancel anytime online, in the app: Billing → Cancel subscription. You don’t need to call or email anyone. Cancelling stops the next renewal; you keep full access until the end of the period you have already paid for.

Payments are non-refundable except where the law requires a refund, or where we decide in a specific case to give one. We don’t give partial refunds for unused time in a billing period.

If a renewal payment fails, Stripe retries it over the following days and notifies you by email. Your workspace keeps working while the payment is retried. If it still can’t be collected, the subscription ends and the workspace lapses.

A workspace “lapses” when its trial ends without a subscription, or when its subscription ends (after cancellation or failed payment). A lapsed workspace is locked, but it is not deleted straight away:

• You can still sign in to renew, manage or cancel billing, and download your data as CSV files.
• Links you have already sent your clients (proposals, invoices, contracts, the client portal) keep working so your clients aren’t left stranded.
• Renewing brings everything back exactly as you left it.

We keep a lapsed workspace’s data for at least 90 days after it lapses. During that time you can renew or download your data. After that, we may delete it, so please export anything you need before the 90 days are up. When we delete a workspace, its data is removed from our live systems, and copies in our backups are overwritten on the backups’ normal rotation. Billing records that we must keep by law (for example, for tax) are kept for as long as the law requires.

You can ask us to delete your workspace earlier, at any time, by writing to legal@takobms.com from the workspace owner’s email address.

You own the information you and your team put into Tako, and the information your clients send through it (inquiry forms, booking pages, signatures, messages) (“Your Data”). You give us permission to host, copy, process and display Your Data only as needed to run the Service for you, to keep it secure, and as the law requires. We don’t sell Your Data.

You can export Your Data as CSV files anytime from Download my data (also linked from Settings → Export your data), while your workspace is active or lapsed. How we handle personal information in Your Data is described in the Privacy Policy and the DPA.

You are responsible for having the right to put Your Data into Tako, including any notices to and permissions from your clients that the law requires.

Tako helps you run your business; it doesn’t run it for you, and it isn’t a party to your dealings with your clients. You are responsible for:

• Your communications: every message, quote, proposal and reminder sent from your workspace, including following email marketing laws (such as CAN-SPAM) when you send promotional email. Tako adds your business’s postal address and an unsubscribe link to marketing emails and stops sending them to people who opt out, but what you send and to whom is up to you.
• Your contracts: the contract templates in Tako are starting points, not legal advice. Have your own lawyer review anything you ask clients to sign.
• Your taxes: you set tax rates and decide what is taxable. Tako calculates with the numbers you enter; it doesn’t decide what tax applies or file anything for you. Check with your tax adviser.
• Your pricing, invoices, refunds and disputes with your clients, and any licenses or permits your trade needs.
• Your books: Tako tracks what clients owe you; it is not an accounting system or a substitute for one.

To take online payments from your clients (by card, or by bank transfer where Stripe enables it for you), you connect your own Stripe account in Settings → Payments. Those payments are processed by Stripe on your account, under your agreement with Stripe, and you are the seller of record for them. Until you connect an account, your invoices show clients that online payment isn’t set up, and you can record payments you receive another way.

• Tako never holds, receives or moves your clients’ money. Funds go from your client to your Stripe account and from Stripe to your bank.
• Payouts, holds, refunds, chargebacks, disputes and processing fees are between you and Stripe. Stripe, not Tako, decides whether to approve, hold or reverse a payment.
• Tako currently charges no fee of its own on client payments. Stripe’s standard processing fees still apply. If we ever add a Tako fee, we will tell you in advance and show it in pricing before it applies.
• Payments you record by hand (cash, check, bank transfer) are notes in your records; Tako doesn’t verify them.

Your Tako subscription itself is billed by Tako through Stripe, separately from any client payments.

Some features use AI to draft replies, proposals, plans and summaries. AI drafts are suggestions. They can be wrong, incomplete or out of date, so read each one before you use it.

• AI-written messages to your clients wait in Approvals, and nothing AI-written is sent to a client until a person in your workspace approves it.
• The only messages Tako sends to your clients automatically are ones you switch on yourself, such as an inquiry acknowledgement you write, and the email sequences and automations you set up. You can turn them off anytime.
• Once you approve or send something, it is your message, and you are responsible for it.

To create a draft, Tako sends the relevant records to our AI provider, Anthropic. Tako doesn’t use Your Data or your clients’ data to train AI models, and Anthropic doesn’t either under its commercial terms. Details are in the Privacy Policy.

Don’t use Tako to:

• break the law, or help anyone else break it;
• send spam, or email people who haven’t agreed to hear from you where the law requires consent;
• deceive people, impersonate anyone, or phish for passwords or payment details;
• upload content you don’t have the right to use, or content that is unlawful, harassing, or infringes someone else’s rights;
• store payment card numbers, government ID numbers, health records or other sensitive data in free-text fields (card payments go through Stripe, which handles card details for you);
• probe, scan or test the Service’s security, get around its limits, or access another workspace’s data;
• upload malware, or overload, disrupt or reverse-engineer the Service;
• scrape the Service, or resell or rent access to it without our written permission.

If you break these rules, we may remove content or suspend access (see Suspension and termination).

Tako works with services run by other companies, such as Stripe for payments, email delivery, calendar feeds and maps. Your use of those services may be covered by their own terms. We aren’t responsible for services we don’t control, but we choose our providers carefully and list the ones that handle personal information in the Privacy Policy.

We are always improving Tako, so features will change. If we remove something that is a core part of your plan, we will tell you in advance. Features marked beta or preview may change or end and are provided as they are.

We work hard to keep Tako available, but it may sometimes be down for maintenance or because of problems we can’t control. Support is by email at legal@takobms.com.

Tako, its software, design and brand belong to us and our licensors. These Terms give you the right to use the Service while your subscription or trial is active; they don’t transfer ownership of anything. If you send us suggestions or feedback, we may use them without owing you anything.

Apart from the promises we make in these Terms, the Service is provided “as is” and “as available.” To the extent the law allows, we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the Service will be uninterrupted or error-free, that AI drafts will be accurate, or that the Service will meet legal, tax or industry requirements specific to your business.

To the extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible.
• Each party’s total liability arising out of these Terms is limited to the amount you paid Tako in the 12 months before the event that gave rise to the claim (or $100 if you haven’t paid anything).

These limits don’t apply to your payment obligations, to your obligations under the section Your responsibility for claims, or to liability the law doesn’t allow to be limited.

If someone brings a claim against Tako because of Your Data, your dealings with your clients, or your breach of these Terms or the law, you will defend Tako and cover the reasonable costs, damages and legal fees that result. We will tell you about the claim promptly and let you control the defense, and we won’t settle it without your agreement.

You can stop using Tako anytime by cancelling your subscription. We may suspend or end your access if you seriously or repeatedly break these Terms, don’t pay, or use Tako in a way that puts other customers, their clients or the Service at risk. Where it’s practical and lawful, we will warn you first and give you a chance to fix the problem.

If we end your access for reasons other than your breach, we will refund any prepaid fees for the unused part of your billing period. In every case you keep the export and retention rights described in the section When a workspace lapses, unless the law stops us. Sections that by their nature should continue (such as payment owed, disclaimers, limitation of liability and governing law) survive the end of these Terms.

These Terms are governed by the laws of the state in which Tako is organized and applicable US federal law, without regard to conflict-of-law rules. Before filing a claim, each of us agrees to try to resolve the dispute informally by writing to the other and allowing 30 days to work it out. Any claim that can’t be resolved that way will be brought in the state or federal courts located there, and both of us consent to their jurisdiction. Either of us may bring a qualifying claim in small-claims court instead.

We may update these Terms. The date at the top of this page shows when they last changed. If a change is material, we will email the workspace owner at least 30 days before it takes effect. If you don’t agree to the new Terms, you can cancel before they take effect. Continuing to use Tako after that means you accept them.

• These Terms, the Privacy Policy and the DPA are the whole agreement between us about the Service. If they conflict, the DPA controls for personal information, then these Terms.
• You may not transfer these Terms without our consent, except to a company that takes over your business. We may transfer them as part of a merger, acquisition or sale of assets.
• If part of these Terms can’t be enforced, the rest still applies. Not enforcing a term right away doesn’t mean we give it up.
• Neither of us is responsible for delays caused by events beyond reasonable control, such as outages at infrastructure providers, natural disasters or war.
• We send notices to the workspace owner’s email address. You send notices to legal@takobms.com.
• Nothing in these Terms creates a partnership, employment or agency relationship.

Questions about these Terms: legal@takobms.com.