These Terms of Service ("Terms") are a binding agreement between you and Togapa ("Togapa", "we", "us", "our"), a service owned and operated by DJ Graffiti LLC, 2232 S Main St #216, Ann Arbor, MI 48103, USA, and govern your use of the Togapa service at togapa.com and app.togapa.com and all related features (the "Service").
Please read the Privacy Policy alongside these Terms; it is incorporated by reference.
By creating an account, or by using the Service as a guest, you agree to these Terms. If you do not agree, do not use the Service.
Togapa is a real-time song-request and voting platform for event hosts. Event hosts create events; guests scan a QR code or open a link to search, request, and vote on songs; the event host manages a live, vote-ranked queue from a dashboard, with an optional big-screen venue display, guest↔host messaging, branding, analytics, exports, and optional playlist export.
We may add, change, or remove features at any time. We aim to keep the Service available and reliable but provide it on an "as available" basis (see Section 10).
You agree not to, and not to allow anyone to:
We may remove content, suspend events, and suspend or terminate accounts that violate these Terms (see Section 11).
If you are an event host, you control what guest information your events collect and how you use it. You agree that:
Togapa offers free and paid plans, including (as of the effective date): a Free tier; a one-time Event Pass; Pro (monthly/annual); Studio (monthly/annual); and add-ons such as Guest Packs. Plan features, guest caps, overage rates, and prices are shown in-app at checkout and may change; the prices presented to you at purchase apply to that purchase.
Free and trial use may be subject to limits (e.g. number of events, guest caps, and a "Powered by Togapa" watermark) and may be modified or discontinued at any time.
You (and your guests) retain ownership of the content you submit — branding, profile details, messages, song requests, and guest data ("Your Content"). You grant Togapa a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, and process Your Content solely to operate and provide the Service to you. This licence ends when the content is deleted, except for residual backups and where retention is required by law.
You may download and export your event data (e.g. PDF reports, CSV files, and playlist exports). Once exported, you may use that data as you see fit, provided you comply with applicable law and with your guests' consent — including any privacy obligations you owe as the controller of guest personal data.
The Service itself — including Togapa's software, design, trademarks, and the "Togapa" name and logo — is owned by us or our licensors and is protected by intellectual-property laws. These Terms grant you a limited, revocable, non-transferable, non-exclusive right to use the Service; they do not transfer any ownership in it to you.
Song titles, artwork, previews, and catalogue data are provided by third parties (e.g. Apple iTunes/Apple Music, Spotify) and are subject to those parties' terms. Togapa does not own or license the underlying music and grants you no rights in it.
The Service integrates with third parties including Supabase, Netlify, Stripe, Resend, Apple, Spotify, and Google. Your use of those integrations may be subject to their terms and privacy policies. We are not responsible for third-party services, and their availability is outside our control.
Our collection and use of personal data is described in the Privacy Policy. Notably, Togapa does not sell personally identifiable user data and will not do so without your express permission. By using the Service you acknowledge the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or that real-time updates, third-party integrations, or exports will always be available or accurate. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOGAPA AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TOGAPA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (such as for death or personal injury caused by negligence, or fraud).
You agree to indemnify and hold harmless Togapa and its officers, employees, and suppliers from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of: (a) your use of the Service; (b) Your Content; (c) your events and your handling of guest data; (d) your breach of these Terms or applicable law; or (e) your infringement of any third-party right, including music-licensing or intellectual-property rights.
These Terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules. You and Togapa agree to the exclusive jurisdiction of the state and federal courts located in the State of Michigan, USA for any dispute not subject to other agreed dispute-resolution, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing here removes any mandatory consumer-protection rights you have under the law of your country of residence.
We may update these Terms from time to time. When we make material changes we will update the "Last updated" date and, where appropriate, notify account holders by email or in-app notice. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service.