Toshak

Terms of Service

This is the same text shown in the Toshak app. It is in English; translations into Dari and Pashto will be added.

1. Welcome to Toshak

These Terms of Service ("Terms") are a contract between you and [COMPANY LEGAL NAME] ("Toshak", "we", "us"), which operates the Toshak mobile apps and website (together, the "Service").

By creating an account or using the Service, you agree to these Terms, our Community Guidelines and our Privacy Policy. If you do not agree, do not use the Service.

IMPORTANT: Section 17 requires most disputes to be resolved by individual binding arbitration, not in court, and waives class actions and jury trials. You can opt out within 30 days (Section 17.7). If you live in the European Union, the United Kingdom or another country whose laws do not allow this, Section 17 does not apply to you (see Section 17.9).

2. Who can use Toshak

  • You must be at least 18 years old.
  • You must be able to form a binding contract and not be barred from using the Service under any law that applies to you.
  • You must not be on any U.S. or other government sanctions or restricted-party list.
  • You may have only one personal account. If we have suspended or banned your account, you may not create another one.
  • If you use Toshak for a business, you confirm you are allowed to accept these Terms for that business.

3. Your account

  • You can sign up with an email and password, a phone number, Sign in with Apple or Sign in with Google. When you use Apple or Google, their own terms and privacy policies also apply to that sign-in.
  • Give accurate information and keep it up to date. Use a real display name. Do not impersonate anyone.
  • Keep your password and sign-in methods secure. You are responsible for activity on your account. Tell us right away at support@toshakapp.com if you think someone else has accessed it.
  • When you sign up with a phone number, you agree that we may text you one-time verification codes. Message and data rates may apply. We do not send marketing texts without your separate consent.
  • You can delete your account at any time in Settings → Delete account.

4. Communities and new cities

  • Toshak is organized into city and regional communities. Each community has fixed topics (for example General chat, Housing, Jobs and Buy · Sell · Rent · Free).
  • You may request a new city if yours is not listed. Every request is reviewed before its chats open. We may decline, rename, merge or close any community at our discretion, for example if it duplicates an existing community, is not a real place, or has too little activity.
  • Anyone with an account can join any community. Treat anything you post in a group chat as visible to the public.

5. Your content

"Your Content" means anything you post, upload or send on Toshak, including messages, photos, profile information, listings, events, reviews and reports.

  • You own Your Content. You are responsible for it and for having all rights needed to post it.
  • You give Toshak a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, copy, display, distribute, translate, adapt and format Your Content, only to operate, improve, protect and promote the Service. This includes automatically translating messages between English, Dari, Pashto and other languages.
  • The license ends when you delete Your Content or your account, except: (a) for copies others have already shared or forwarded; (b) for reasonable periods while backups are cleared; and (c) where we must keep it for legal, safety or law-enforcement reasons.
  • We do not pre-screen content and are not responsible for content posted by members. We may remove or restrict any content at any time for any reason, including if we believe it breaks these Terms or our Community Guidelines.

6. Rules of conduct

You agree to follow our Community Guidelines, which are part of these Terms. In particular, you agree not to:

  • break any law, or help anyone else break one;
  • harass, threaten, bully, defame or hate on anyone;
  • post sexual content involving minors, or any nudity or sexual content;
  • scam, defraud or mislead anyone, or post spam;
  • sell or offer anything listed as prohibited in the Community Guidelines;
  • offer a service that requires a license without holding that license;
  • post discriminatory housing or job ads;
  • collect other members' information, scrape the Service or use bots without our written permission;
  • upload viruses or malicious code, interfere with the Service, or try to get around its security, limits or bans;
  • use the Service to violate sanctions or export laws, or to support any terrorist or violent extremist organization.

7. Marketplace, services, housing, jobs and events

Toshak is a place for members to connect. We are not a party to any deal, job, rental, service or event between members.

  • We do not employ, endorse, insure, guarantee or screen members, service providers, landlords, employers, buyers, sellers or event organizers, and we do not check listings or events for accuracy, safety, legality or quality.
  • A "Verified" badge means only that we reviewed a document the member sent us (for example a business license) at a point in time. It is not an endorsement, background check or guarantee, and licenses can expire or be revoked. Check for yourself before you hire, pay or meet anyone.
  • Toshak does not process payments. Any money you pay or receive is strictly between you and the other person. Never pay in advance for something you have not seen.
  • Event approval means only that an event appeared to meet our Guidelines. Organizers are solely responsible for their events, including permits, venues, safety, insurance, tickets and refunds. You attend at your own risk.
  • Meet in public places, tell someone where you are going, and trust your instincts. Report anything suspicious.
  • Information shared by members (including about immigration, legal, medical, tax or financial matters) is not professional advice. Always confirm with a licensed professional.

8. Safety and emergencies

Toshak is not an emergency service. If you or someone else is in danger, call your local emergency number (911 in the U.S., 112 in the EU, 999 in the UK). We cannot monitor every conversation and cannot guarantee that a report will be seen or acted on quickly.

9. Moderation

Communities are moderated by Toshak staff and by volunteer moderators we appoint. Moderators are not our employees or agents, and their decisions are not decisions of Toshak unless we confirm them. We may remove content, limit features, suspend or ban accounts, with or without notice, if we believe it is needed to protect members, Toshak or the public, or to comply with law. You can ask us to review a decision by emailing appeals@toshakapp.com within 30 days.

10. Translation

Automatic translations are provided by machine and may be inaccurate or miss meaning or tone. The original message is always shown. Do not rely on a translation for important decisions.

11. Copyright and intellectual property

We respect intellectual property rights and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act (DMCA).

To report infringement, send our designated agent a notice that includes: (1) your physical or electronic signature; (2) the copyrighted work you say is infringed; (3) the material you say is infringing and where it is on Toshak; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.

Designated agent: [AGENT NAME], [COMPANY LEGAL NAME], [MAILING ADDRESS], copyright@toshakapp.com.

If your content was removed and you believe it was a mistake, you may send a counter-notice as described in the DMCA. We will terminate the accounts of repeat infringers in appropriate circumstances.

The Toshak name, logo and app design belong to us. These Terms do not give you any right to use them.

12. Third-party services

The Service may link to or work with third-party services (for example Apple, Google, WhatsApp, Telegram, maps and app stores). We are not responsible for them, and your use of them is governed by their own terms.

13. Paid features

The Service is currently free. If we add paid features, we will show you the price and any additional terms before you pay.

14. Ending your use of Toshak

You can stop using Toshak and delete your account at any time. We may suspend or end your access at any time if you break these Terms, if required by law, or if we stop offering the Service. Sections 5 (license survival terms), 7, 8, 10, 11 and 15 through 19 survive after your account ends.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, TOSHAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY CONTENT, TRANSLATION, MEMBER OR LISTING IS ACCURATE, SAFE OR LAWFUL. YOU ARE RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS, ONLINE AND IN PERSON.

16. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (A) TOSHAK AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS AND MODERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR OPPORTUNITY; (B) WE WILL NOT BE LIABLE FOR THE CONDUCT OR CONTENT OF ANY MEMBER OR THIRD PARTY, OR FOR ANY DEAL, SERVICE, JOB, RENTAL, MEETING OR EVENT BETWEEN MEMBERS; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF US $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

These limits apply to any theory of liability, even if we were told the damage was possible. Some places do not allow some of these limits; in those places they apply only as far as the law allows. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence where the law does not allow it.

Indemnity: You agree to defend, indemnify and hold harmless Toshak and its owners, officers, employees, agents and moderators from any claims, losses and costs (including reasonable attorneys' fees) arising from Your Content, your use of the Service, your dealings with other members, or your breach of these Terms or the law.

17. Dispute resolution and arbitration

17.1 Talk to us first. Before filing any claim, you agree to email legal@toshakapp.com with your name, account email or phone number, a description of the dispute and the relief you want. We will do the same. Both sides will try in good faith to resolve it for 60 days. This step is required before arbitration.

17.2 Binding individual arbitration. If we cannot resolve it, you and Toshak agree that any dispute, claim or controversy relating to these Terms or the Service will be resolved by final, binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitrator decides all issues, except that a court decides questions about Sections 17.4 and 17.5 and whether this Section applies.

17.3 Exceptions. Either side may bring an individual claim in small-claims court if it qualifies. Either side may ask a court for an injunction to stop infringement or misuse of intellectual property or unauthorized access to the Service.

17.4 Class action waiver. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine claims of more than one person or award relief to anyone other than the individual claimant.

17.5 Jury trial waiver. You and Toshak waive any right to a jury trial.

17.6 Fees and location. Payment of filing and arbitrator fees is governed by the AAA rules; for claims under US $10,000 that are not frivolous, we will pay those fees. Hearings may be held by video or phone, or in the county where you live.

17.7 Opt out. You can opt out of this Section 17 by emailing legal@toshakapp.com within 30 days of first accepting these Terms, with your name, account email or phone number, and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.

17.8 Mass filings. If 25 or more similar demands are filed against Toshak by or with the help of the same law firm or organization, they will be administered in batches of up to 25 under the AAA's mass arbitration rules, and the statute of limitations is paused for demands waiting in later batches.

17.9 Users outside the U.S. If you live in the European Union, the United Kingdom, Switzerland or another country whose consumer laws do not allow arbitration agreements or class action waivers, this Section 17 does not apply to you. You may bring claims in the courts of the country where you live, and nothing in these Terms limits your mandatory consumer rights.

18. Governing law

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 17, any case that goes to court will be heard only in the state or federal courts located in [COUNTY] County, California, and both sides agree to those courts' jurisdiction. If you live outside the U.S., mandatory laws of your country still protect you.

19. App store terms

If you downloaded Toshak from Apple's App Store: these Terms are between you and Toshak, not Apple. Apple is not responsible for the app, its content, maintenance or support, or for any claims about it (including product liability, legal compliance or intellectual property claims). If the app fails to conform to any applicable warranty, you may notify Apple for a refund of any purchase price, and Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Google Play's terms also apply if you downloaded Toshak from Google Play.

20. Changes to these Terms

We may update these Terms. If a change is material, we will notify you in the app or by email at least 14 days before it takes effect, unless the change is required by law or needed to address a safety risk. Continuing to use the Service after the effective date means you accept the new Terms. If you do not agree, delete your account.

21. General

  • These Terms, the Community Guidelines and the Privacy Policy are the entire agreement between you and Toshak about the Service.
  • If any part of these Terms is found unenforceable, the rest stays in effect.
  • If we do not enforce a provision, that is not a waiver.
  • You may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition or sale of assets.
  • We are not responsible for delays or failures caused by events outside our reasonable control.
  • You agree that we may send you notices electronically, in the app or by email.
  • The English version of these Terms controls if it conflicts with a translation.

22. Contact

[COMPANY LEGAL NAME], [MAILING ADDRESS]

Support: support@toshakapp.com · Legal: legal@toshakapp.com