Terms & Conditions

1. About these terms

These Terms and Conditions govern your access to and use of Toptic, including the website at toptic.co and the market-research tools, data, features and services available through it together, the “Service”.

These Terms form an agreement between you and the operator of Toptic identified in section 2. In these Terms, that operator is referred to as “Toptic”, “we”, “us” or “our”.

By creating an account, purchasing access to Toptic or using the Service, you agree to these Terms. If you do not agree to them, you must not use the Service.

Our Privacy Policy explains how we collect and use personal information.

Purchases are completed through Polar, which acts as merchant of record and authorised reseller. Polar’s buyer terms apply to the purchase, payment, tax, billing and transactional elements of your order. These Terms govern your licence to access and use Toptic.

If there is a conflict:

• Polar’s terms govern the checkout, payment and transaction;
• these Terms govern your use of Toptic.

2. Who operates Toptic

Toptic is operated by:

Email: toptic@incrmn.tl

You can use this email for support, billing questions, complaints and legal notices.

3. Who may use Toptic

You may use Toptic as a consumer or for business, professional, commercial or research purposes.

You must be legally capable of agreeing to these Terms in the country where you live. If you are not legally capable of entering into a binding agreement yourself, you may only use Toptic with the permission and supervision of a parent or legal guardian.

Toptic is available internationally, except where access or supply is prohibited by applicable law, sanctions, export controls, payment-provider restrictions or restrictions imposed by one of our service providers.

4. Accounts

Toptic accounts are individual accounts intended for one named user.

You must:

• create your account for your own use;
• provide accurate and current account information;
• keep your login credentials secure;
• not share your account or login credentials with another person;
• notify us promptly if you believe your account has been accessed without permission.

You may use your account for your own business, professional work, employer or clients, but another person may not use your account.

You are responsible for activity conducted through your account unless it resulted from a security failure for which we are legally responsible.

5. What Toptic provides

Toptic is an online market-research platform that helps users find ideas, explore markets, assess demand and understand competition using keyword, search-demand, market and competitive data.

Toptic is a research tool. It does not:

• validate or approve a business idea;
• confirm that a market opportunity exists;
• predict whether customers will purchase a product;
• guarantee revenue, profit, traffic, rankings, demand or commercial success;
• replace independent research or professional advice.

You remain responsible for deciding how to interpret and use information provided through Toptic.

Toptic does not provide legal, financial, investment, accounting, tax or other regulated professional advice.

6. Data, estimates and third-party providers

Toptic obtains and processes information from third-party data providers, search providers, public sources and other external services.

Search volumes, keyword difficulty, traffic estimates, rankings, competition metrics, cost-per-click data, trends and similar information are estimates. They must not be treated as exact or independently verified facts.

Data may be:

• incomplete, inaccurate or delayed;
• unavailable for some locations or keywords;
• affected by sampling or provider methodologies;
• based on historical information;
• different from data shown by another provider;
• changed or corrected after it was originally supplied.

External providers may change their data, coverage, calculation methods, prices or availability without notice to us.

When data is initially requested, Toptic will generally request the latest data made available by the relevant provider. Results may then be cached for up to 30 days to improve speed, reliability and cost.

Where available, you may manually request refreshed data. A refresh may consume additional Tokens.

“Latest” or “current” data means the latest information returned to Toptic by the relevant provider. It does not necessarily mean real-time data.

We do not promise that every search will return results or that the results will be useful for your particular purpose.

7. Subscriptions, prices and purchases

The available subscription plans, prices, billing periods, currencies, included Tokens and other benefits will be shown on our pricing page and during checkout.

Prices may be offered in US dollars, pounds sterling or euros.

Depending on your location, displayed prices may be inclusive or exclusive of applicable sales tax, VAT or similar taxes. Where mandatory taxes or charges can reasonably be calculated in advance, they will be included in the total price shown to you.

Where your location or tax status must first be confirmed, Polar will show the final total payable, including any applicable tax or mandatory charge, before you complete the purchase.

No additional mandatory charge will be added after you have confirmed your order.

Polar acts as merchant of record for purchases made through Toptic. Polar calculates, collects and remits applicable sales taxes and processes payments, invoices, refunds and billing disputes.

7.1 Information provided before subscribing

Before you purchase a subscription, you will be given clear information about:

• the subscription price;
• whether the displayed price includes applicable taxes;
• the billing period;
• whether the subscription renews automatically;
• the renewal frequency;
• the included monthly Token allocation;
• when unused Subscription Tokens expire;
• how to cancel;
• when cancellation takes effect;
• any minimum subscription period;
• any applicable cooling-off or cancellation rights;
• any other important restriction affecting the subscription.

For an annual subscription, the checkout will state the total amount charged for the annual period, even where an equivalent monthly price is also displayed.

7.2 Automatic renewal

Paid subscriptions renew automatically until cancelled.

Monthly subscriptions renew for successive monthly periods.

Annual subscriptions renew for successive annual periods.

By purchasing a subscription, you authorise Polar to charge the applicable renewal price and taxes to your selected payment method at each renewal until the subscription is cancelled.

The applicable renewal date, renewal frequency and price will be shown before you subscribe and will remain available through the Polar customer portal.

7.3 Renewal reminders and notices

We or Polar will send renewal reminders, cooling-off notices and other subscription notices where required by applicable law.

Notices may include:

• the date on which the subscription will renew;
• the amount or method used to calculate the renewal payment;
• any change to the subscription price;
• instructions for cancelling;
• a direct link to the relevant cancellation method;
• details of any cooling-off right available after renewal.

Required notices will be sent in writing, normally by email, in a form that you can save and refer to later.

You are responsible for keeping the email address associated with your account accurate and current.

7.4 Annual subscriptions

Annual subscriptions are paid in advance for the full annual billing period.

Subscription Tokens included with an annual subscription are allocated monthly during the paid annual period. They are not allocated as one annual lump sum.

Cancelling an annual subscription stops it from renewing at the end of the current annual period. It does not normally end the already-paid annual period early or automatically entitle you to a refund, except where:

• applicable law gives you a cancellation or cooling-off right;
• the Service has not been supplied as promised;
• these Terms provide otherwise;
• Polar determines that a refund should be issued.

7.5 Cancelling automatic renewal

You may cancel the automatic renewal of your subscription at any time through the Polar customer portal.

A prominent link to the customer portal will be made available through your Toptic account.

You will not normally be required to telephone us, provide a reason or speak to a member of staff before cancelling.

Cancellation normally takes effect at the end of the current paid subscription period. Until then:

• the subscription remains active;
• you continue to receive the included subscription benefits;
• monthly Subscription Token allocations continue where applicable;
• you may continue purchasing Top-Up Tokens.

When the paid subscription period ends:

• the subscription will not renew;
• no further Subscription Tokens will be allocated;
• unused Subscription Tokens will expire;
• you will no longer be able to purchase Top-Up Tokens;
• existing unused Top-Up Tokens will remain available and may continue to be used until exhausted.

We or Polar will provide confirmation that your cancellation has been received and state when the subscription will end.

Where you exercise a statutory cancellation or cooling-off right, the subscription may instead end earlier in accordance with that right.

7.6 Downgrades

A subscription downgrade normally takes effect at the next renewal date.

The existing plan and Token allocation will continue until the end of the current paid period.

Any upgrade pricing, timing or prorating will be shown before you confirm the upgrade.

7.7 Failed renewal payments

If a subscription renewal payment fails, Polar may retry the payment and notify you so that you can update your payment method.

While the subscription payment is overdue, Toptic may treat your subscription as inactive immediately or following any payment-recovery grace period provided through Polar.

While the subscription is inactive:

• no new Subscription Tokens will be allocated;
• you cannot purchase new Top-Up Tokens;
• subscription-only benefits may be suspended;
• existing Top-Up Tokens may continue to be used;
• your account and previously saved projects may remain accessible.

If a retry succeeds, subscription access may be restored.

If Polar cannot recover the payment, the subscription may be cancelled.

7.8 Price changes

We may change subscription prices.

For existing subscriptions, we will normally provide at least 30 days’ advance notice before a price increase takes effect.

The notice will state:

• the new price;
• when it will take effect;
• the subscription affected;
• how you can cancel before the new price applies.

A new price will apply from a future renewal date and not retrospectively.

Where applicable law requires your express agreement before a price change takes effect, the price change will not apply without that agreement.

New prices may apply immediately to new customers and new purchases.

8. Tokens

Toptic uses internal usage credits called “Tokens”.

Tokens are not cryptocurrency, electronic money or a financial product. They have no cash value, do not earn interest and cannot be exchanged for money.

Different actions may consume different numbers of Tokens.

The applicable Token cost may depend on:

• the type of search or action;
• the amount of data requested;
• the relevant provider;
• the provider’s cost;
• the selected location or market;
• whether cached or refreshed data is requested;
• the complexity or size of the request.

Token costs are shown or otherwise made available within Toptic in connection with the relevant action.

8.1 Subscription Tokens

Subscription Tokens are included as part of an active paid subscription.

They are allocated monthly, including where an annual subscription has been paid for in advance.

Unused Subscription Tokens:

• do not roll over;
• expire when the next monthly allocation is made;
• expire when the paid subscription period ends;
• cannot be refunded, transferred or exchanged for cash.

8.2 Top-Up Tokens

You must have an active paid subscription to purchase Top-Up Tokens.

Top-Up Tokens:

• do not expire while your account remains open;
• may be used after your subscription ends;
• cannot be purchased without an active subscription;
• are tied to the account through which they were purchased;
• cannot be transferred to another account;
• cannot be exchanged for cash.

Subscription Tokens are always used before Top-Up Tokens.

If you permanently delete your account, unused Top-Up Tokens and Subscription Tokens will be lost once deletion is completed, except where applicable law requires otherwise.

8.3 Promotional Tokens

Promotional, complimentary or free Tokens may have separate expiry dates, restrictions or conditions.

Any additional conditions will be shown when the Tokens are issued.

Promotional Tokens cannot be exchanged for cash and are not refundable.

8.4 Completed requests

A request is normally treated as completed when the relevant third-party provider reports that the request completed successfully and returns a response to Toptic.

We rely on the completion status and response supplied by that provider.

A completed response may contain:

• no matching results;
• low or zero reported search volume;
• incomplete fields;
• limited coverage;
• sparse data;
• information that is not useful for your particular purpose.

These outcomes do not, by themselves, mean that the request failed, and Tokens may still be charged.

Where a request is not reported as successfully completed by the provider, or where a Toptic technical error prevents the completed response from being delivered, Tokens may be restored automatically or following a review.

We may use system and provider logs to determine whether a request completed successfully.

Nothing in this section limits any rights you have under applicable law.

8.5 Changes to Token costs

We may change the number of Tokens required for future actions, including where provider costs, request complexity, data availability or product functionality change.

Changes apply prospectively and do not affect Tokens already used.

Where a change materially increases the typical cost of using an existing feature, we will provide reasonable notice where practicable.

9. Refunds and consumer cancellation rights

Payments and refunds are processed by Polar.

Refunds will normally be returned through the original payment method unless another method is agreed or required by law.

Nothing in this section removes any cancellation, refund or cooling-off right that applicable law gives you.

9.1 General refund policy

Except where required by law or expressly stated in these Terms, payments are not automatically refundable merely because you:

• did not use Toptic;
• did not use all of your Subscription Tokens;
• cancelled before the end of a paid subscription period;
• did not find returned data useful;
• changed your mind after materially using the Service;
• received sparse, incomplete or zero-volume data from a successfully completed request.

9.2 Accidental subscription renewals

We will normally support a refund for an accidental subscription renewal where:

• you contact us or Polar promptly after the renewal;
• no Tokens allocated through that renewal have been used;
• no other material paid subscription benefit has been used after renewal;
• there is no evidence of fraud, misuse or repeated refund abuse.

This is a voluntary refund policy in addition to any statutory rights you may have.

Where you have a statutory renewal cooling-off right, that right applies even where you do not meet every condition of this voluntary policy.

9.3 Initial consumer cooling-off rights

If you purchase Toptic as a consumer, applicable law may give you an initial cooling-off period, commonly 14 days, during which you may cancel the purchase.

Access to Toptic is normally provided immediately after payment.

Where required, the checkout may ask you to:

• expressly request that access begins during the cooling-off period;
• consent to immediate supply;
• acknowledge how beginning supply may affect your cancellation rights.

Depending on how applicable law categorises the Service:

• you may be required to pay a proportionate amount for services supplied before cancellation;
• your right to cancel certain digital content may end once supply begins, but only where the required consent and acknowledgement have been obtained;
• you may remain entitled to a full or partial refund.

Any statutory right will be applied according to the law relevant to the purchase.

9.4 Cooling-off rights after renewal

Where applicable law provides a renewal cooling-off period, you may cancel the renewed subscription during that period.

This may include a right for a UK consumer to cancel within 14 days after:

• a free or discounted trial converts into a paid subscription; or
• a subscription lasting 12 months or longer automatically renews.

Where this right applies:

• you may cancel through the Polar customer portal or another method identified in the relevant notice;
• you will receive any full or proportionate refund required by law;
• any permitted deduction may reflect the portion of the renewed subscription already supplied;
• the refund will be processed within the period required by applicable law;
• this right takes priority over any inconsistent general no-refund provision in these Terms.

We or Polar may send you a cooling-off notice explaining the right, the deadline and how to exercise it.

9.5 Top-Up Token purchases

Top-Up Token purchases are generally final once any of the purchased Tokens have been used.

Cancelling a subscription does not automatically refund unused Top-Up Tokens because those Tokens remain available after the subscription ends.

If applicable law gives you a cancellation right in relation to an unused Top-Up Token purchase, that right is not affected by this section.

At checkout, you may be asked to request immediate supply of Top-Up Tokens and acknowledge how immediate supply affects any cancellation right.

9.6 Refund processing

Refunds are subject to:

• applicable consumer law;
• Polar’s buyer terms;
• payment-network rules;
• reasonable fraud and misuse checks.

Where a refund is legally required, it will not be refused merely because a narrower voluntary refund policy would not otherwise apply.

10. Permitted use

Subject to these Terms, you may use Toptic and its outputs for personal, professional, internal business and commercial purposes.

You may:

• research markets and business opportunities;
• export results made available through Toptic;
• use results in your own products or services;
• use results in client work;
• publish or share individual findings, reports and analyses;
• modify and combine outputs with your own research;
• commercially sell reports, analysis or work containing Toptic outputs.

Your rights are subject to applicable law, third-party rights and the restrictions below.

11. Prohibited use

You must not:

• share, sell or transfer access to your Toptic account;
• allow another person to use your login credentials;
• access Toptic through automated systems unless we have authorised that access;
• scrape, crawl or systematically extract information from Toptic;
• bypass Token charges, usage restrictions or technical limits;
• interfere with the security, availability or operation of the Service;
• introduce malware, malicious code or harmful content;
• reverse engineer, decompile or attempt to discover Toptic’s source code or non-public systems;
• use Toptic for unlawful, fraudulent, deceptive or infringing activity;
• submit information that you do not have the right to use;
• use Toptic in a way that violates the rights or terms of a third-party data or search provider;
• resell or white-label access to Toptic without written permission;
• systematically reproduce, aggregate or redistribute a substantial part of Toptic’s data, structure or functionality;
• use data systematically extracted from Toptic to build or operate a keyword, market-research or competitive-research database or service whose primary purpose is to substitute for Toptic.

This does not prevent you from using research discovered through Toptic to build an unrelated business, product or service.

We may apply reasonable rate limits and technical restrictions to protect Toptic, its users and its providers, even where an account has sufficient Tokens.

12. Information you submit

You may submit information such as keywords, domains, URLs, project names, list names, filters and notes.

You retain ownership of any original content you submit.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process and display that content only as reasonably necessary to:

• provide and maintain Toptic;
• process your requests;
• provide support;
• prevent fraud and misuse;
• secure and improve the Service;
• comply with legal obligations.

You confirm that you have the necessary rights to submit and use that content.

You should not submit:

• special-category or highly sensitive personal information;
• health or medical records;
• payment-card information;
• passwords or authentication credentials;
• government identification numbers;
• confidential information you are not authorised to process.

We will not publicly identify or disclose your private projects, saved keywords or research without your permission, except where disclosure is required by law or reasonably necessary to protect Toptic, our users or another person.

We may use aggregated or de-identified usage information to understand how Toptic is used, measure performance, prevent abuse and improve the Service, provided that it does not identify you or publicly reveal your private projects.

13. Intellectual property

Toptic and its licensors retain all rights in:

• the Toptic software;
• the website;
• the interface and design;
• features and workflows;
• branding and trademarks;
• documentation;
• databases and database structure;
• non-public methods and technology.

These Terms do not transfer ownership of Toptic to you.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Service through your individual account.

You may continue using lawfully exported outputs after your subscription ends, subject to these Terms and any applicable third-party rights.

Outputs are not exclusive. Other users may receive identical or similar data because results can be based on the same keywords, markets, public sources and third-party datasets.

Your ability to use an output does not mean that you own the underlying third-party data, public information or intellectual property contained in it.

If you provide suggestions, feedback or feature ideas, you allow us to use them without payment or obligation to you.

14. Availability and changes to Toptic

We do not provide a formal service-level agreement.

We do not guarantee that Toptic will always be available, uninterrupted, error-free or compatible with every browser or device.

The Service may be interrupted because of:

• maintenance;
• software updates;
• provider outages;
• internet or hosting failures;
• security incidents;
• legal or regulatory requirements;
• circumstances outside our reasonable control.

We may add, modify, replace or remove:

• features;
• plans;
• data sources;
• providers;
• metrics;
• calculations;
• interfaces;
• integrations;
• caching methods;
• technical limits.

Where reasonably practicable, we will provide notice before making a material change that significantly reduces the core functionality of an existing paid plan.

We may discontinue Toptic. Where reasonably possible, we will provide advance notice and an opportunity to export saved information.

If we permanently discontinue the Service before the end of a prepaid subscription period, we will work with Polar to provide any refund required by law and an appropriate proportional refund for the unavailable prepaid period.

Unused purchased Top-Up Tokens will also be refunded or otherwise appropriately resolved if Toptic permanently closes and they can no longer be used.

15. Suspension and termination

We may suspend or restrict an account immediately where we reasonably believe this is necessary because of:

• fraud or suspected fraud;
• unlawful use;
• a security threat;
• abuse of Toptic or a third-party provider;
• attempts to bypass limits or charges;
• unauthorised automated access;
• sanctions or legal restrictions;
• a serious breach of these Terms;
• an immediate risk to Toptic or another user.

For a breach that is capable of being corrected and does not create an immediate risk, we will normally provide notice and a reasonable opportunity to correct it before permanently terminating the account.

We may also suspend subscription benefits following a failed payment.

You may stop using Toptic at any time and may cancel your subscription through the Polar customer portal.

Permanent account deletion may remove saved projects, account information and unused Tokens. You are responsible for exporting any information you wish to keep before deleting your account.

Some information may be retained after account closure where required for legal, security, fraud-prevention, accounting or dispute-resolution purposes, as explained in our Privacy Policy.

16. Our responsibilities

We will provide Toptic with reasonable care and skill where required by applicable law.

However, we do not promise that:

• data is exact, complete or current;
• every request will return results;
• a market or opportunity is commercially viable;
• an output is suitable for your circumstances;
• you will achieve a particular business result;
• third-party services will remain available;
• provider methodologies will remain unchanged.

You are responsible for independently reviewing important information and for decisions made using Toptic.

17. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• deliberate misconduct;
• rights or remedies that cannot legally be excluded.

17.1 Consumers

If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

We are not responsible for losses that were not reasonably foreseeable when you agreed to these Terms.

If you use Toptic as a consumer, we do not accept responsibility for business losses, including lost profit, lost revenue, lost opportunity or business interruption.

Your mandatory consumer rights are not affected.

17.2 Business Users

If you use Toptic wholly or mainly for business, trade, craft or professional purposes, you are a “Business User”.

To the maximum extent permitted by law, we will not be liable to a Business User for:

• indirect or consequential loss;
• loss of profit or revenue;
• loss of business or opportunity;
• loss of anticipated savings;
• loss of goodwill or reputation;
• business interruption;
• loss or corruption of data;
• decisions made using Toptic data;
• inaccuracies originating from third-party providers;
• changes to search engines or provider methodologies;
• provider, hosting or internet outages outside our reasonable control.

Our total aggregate liability to a Business User arising from or connected with Toptic will not exceed the total amount paid to Polar for that Business User’s access to Toptic during the 12 months immediately before the event giving rise to the claim.

17.3 Business User indemnity

A Business User will reimburse us for reasonable losses, liabilities and costs arising from a third-party claim caused by:

• content the Business User unlawfully submitted;
• infringement of another person’s rights;
• unlawful use of Toptic;
• a material breach of the prohibited-use provisions.

This applies only to the extent that the claim was caused by the Business User’s acts or omissions.

18. Privacy

We process personal information in accordance with our Privacy Policy.

Polar separately processes checkout, billing, payment and transactional information under its own privacy policy.

Service, security, account, billing and legal notices are not marketing communications and may be sent where necessary to operate your account or fulfil our obligations.

19. Changes to these Terms

We may update these Terms to reflect:

• changes to Toptic;
• changes to our providers;
• legal or regulatory requirements;
• security concerns;
• changes to subscriptions or Tokens;
• administrative or contact-detail changes.

Minor, administrative or beneficial changes may take effect when the updated Terms are published.

Where a material change adversely affects existing users, we will normally provide at least 30 days’ notice by email, account notification or another prominent notice.

Where applicable law requires express agreement to a change, the change will not bind you without that agreement.

If you do not agree to a material change, you may stop using Toptic and cancel your subscription before the change takes effect.

The “Last updated” date at the top shows when these Terms were most recently changed.

20. Transfer of the business or agreement

We may transfer our rights and obligations under these Terms to another person or legal entity, including as part of:

• a corporate reorganisation;
• selling or reorganising Toptic;
• transferring the business;
• a merger or acquisition.

We will provide reasonable notice of a transfer that changes the person or entity responsible for Toptic.

A transfer will not reduce any rights that applicable law gives you.

You may not transfer your account or your rights under these Terms to another person without our written permission.

21. Notices and complaints

We may send notices to the email address associated with your account, display them within Toptic or publish them prominently on the website.

You are responsible for keeping your email address current.

Complaints and legal notices should be sent to:

toptic@incrmn.tl

Please include sufficient information for us to identify your account and understand the issue.

We will attempt to resolve complaints reasonably and in good faith before court proceedings become necessary.

22. Governing law and courts

These Terms are governed by the laws of England and Wales.

If you are a Business User, the courts of England and Wales will have exclusive jurisdiction over disputes arising from or connected with these Terms or Toptic.

If you are a consumer:

• you retain any mandatory rights provided by the laws applicable to you;
• if you live in England or Wales, proceedings may be brought in the courts of England and Wales;
• if you live elsewhere in the United Kingdom, you may normally bring proceedings in the courts where you live;
• if you live outside the United Kingdom, local consumer law may give you additional rights concerning applicable law or courts.

Nothing in this section prevents either party from seeking urgent relief where necessary to protect intellectual property, confidential information or system security.

23. General terms

If a court finds part of these Terms unlawful or unenforceable, the remaining provisions will continue to apply.

If we do not immediately enforce a provision, that does not waive our right to enforce it later.

These Terms do not give enforcement rights to anyone other than you and us, except where expressly stated.

Headings are included for convenience and do not affect interpretation.

These Terms, the information shown during checkout, the applicable pricing information, our Privacy Policy and Polar’s applicable buyer terms form the relevant agreement governing your purchase and use of Toptic.