Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Tokkae (“Tokkae”, “we”, “us”, or “our”) and govern your access to and use of the Tokkae website at tokkae.com, our mobile applications, storefront pages, the Tokkae AI assistant operating on Facebook Messenger and Telegram, and any related services (collectively, the “Service”).

By creating an account, joining the waitlist, or using the Service in any way, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Plain-language summary: Tokkae is a venue that connects independent Cambodian sellers with buyers. We are not the seller and we do not take part in the sale. An AI answers some messages on a seller’s behalf, may be wrong, and is not a source of truth for prices, availability, or legal, medical, or financial advice. Sellers are responsible for their listings, taxes, licenses, and customer service.

1. Definitions

• Buyer — a person who uses the Service to browse, order, or communicate with a seller.
• Seller — an individual or business that registers a shop, lists products, and manages buyer conversations on Tokkae.
• AI Assistant — the automated reply feature that uses a large language model to respond to buyer messages on the seller’s behalf.
• Content — product listings, images, videos, text, messages, reviews, AI personality configuration, and any other data uploaded, posted, or transmitted through the Service.

2. Eligibility and account registration

Buyers must be at least 13 years old to create an account and must have a parent or guardian’s consent if under the age of majority. Sellers must be at least 18 years old (or the age of majority in their jurisdiction) and legally capable of entering into a binding contract. By creating an account, you represent that all information you provide is accurate and complete.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

3. The Service — venue only

Tokkae allows:

• Buyers to browse and order products listed by independent sellers in Cambodia.
• Sellers to create a shop, list products, and reach buyers via tokkae.com storefronts, Facebook Messenger, and Telegram.
• Sellers to use an AI Assistant that answers buyer messages using context from the seller’s catalog and personality settings, with human takeover at any time.
• Visitors to join a waitlist for launch notifications.

Tokkae is a venue, not a party to the sale. We provide technology and listing tools. We do not own, manufacture, inspect, or ship the items sold on the Service. All contracts for the sale of goods or services are formed solely between the buyer and the seller. Tokkae has no title to the goods at any time and is not a principal, agent, broker, auctioneer, or consignee of the seller.

Where payment features are offered, they are handled by licensed third-party payment processors. Tokkae does not hold or remit buyer funds as principal and is not a financial institution.

4. Buyer responsibilities

• Provide accurate delivery and contact information.
• Use the Service for lawful purposes and comply with applicable laws when purchasing goods or services.
• Communicate with sellers respectfully; refrain from harassment, spam, and fraudulent claims.
• Pay for items you order using the payment method provided, and resolve any disputes first with the seller.
• Understand that some replies are generated by an AI Assistant and may be wrong (see Section 7).

5. Seller responsibilities

• Comply with Cambodia’s Law on Electronic Commerce (NS/RKM/1119/017) and register as an e-commerce operator with the Ministry of Commerce where required (Prakas 290 / 316, as amended). Keep your e-commerce permit, trust-mark, and business registration current and available on request.
• Ensure that products listed and Content uploaded comply with applicable laws and the policies of the relevant platforms (including Meta’s Commerce Policies and Community Standards, Telegram’s Terms of Service, and Google’s policies where applicable).
• Obtain and maintain all licenses, permits, trademarks, and consents required to sell your products in your jurisdiction.
• Calculate, collect, report, and remit all applicable taxes arising from your sales, including VAT on digital / e-commerce supplies under Sub-Decree 65 on VAT on E-Commerce (2021) and subsequent implementing Prakas such as Sub-Decree 49/2024. You, the seller, are the taxpayer for your sales; Tokkae is not a VAT collection agent and does not act as a VAT representative.
• Review AI-generated replies and take over conversations when accuracy, price commitments, or human judgment are required. The AI Assistant can make mistakes; the seller is solely responsible for the content it sends on their behalf.
• Honor representations made to buyers and handle fulfilment, refunds, warranties, and customer disputes directly.
• Maintain accurate product information including prices, availability, descriptions, and images.
• Keep messaging channel connections in good standing (for example, reconnect a Facebook Page promptly if a token expires).
• Provide buyers with Khmer-language product information and a Khmer-language receipt / proof of purchase where required by Cambodia’s Law on Consumer Protection (2019).

6. Automated interactions and AI Assistant disclosure

When you message a Tokkae seller on Facebook Messenger or Telegram, some or all of the replies may be generated by an automated AI Assistant rather than a human. Tokkae and the seller disclose this interaction as automated in line with Meta’s Messenger Platform Policy and, where applicable, Article 50 of the EU AI Act. You can ask for a human at any time, and a seller can take over the conversation directly. Unanswered conversations fall back to the seller’s human review queue.

By continuing to use the Service, you consent to the processing of your messages by the AI Assistant for the purpose of generating replies on the seller’s behalf, as described in our Privacy Policy. You may withdraw this consent at any time by asking for a human handoff or by not continuing the conversation. Automated replies do not make legally binding decisions about you without human review; you may request human review of any decision that significantly affects you.

7. AI Assistant disclaimer — not a source of truth

The AI Assistant generates responses using a large language model and may produce inaccurate, incomplete, biased, or unexpected output (commonly called “hallucinations”).AI-generated responses are not a source of truth. Do not rely on the AI Assistant as the sole basis for a purchase, a legal conclusion, a medical decision, a financial decision, or any other decision that could materially affect you.

Before paying, confirm price, availability, and any commitments directly with the seller. The seller is responsible for reviewing, correcting, and where necessary retracting messages sent by the AI Assistant on their behalf. Tokkae does not warrant that AI replies are accurate or appropriate.

8. Acceptable use

You agree not to:

• List or sell illegal products or services, or any items prohibited by Meta’s Commerce Policies (including but not limited to weapons, recreational drugs, live animals, adult products, healthcare products, counterfeit goods, or stolen items).
• Send spam, unsolicited promotional messages, or misuse the 24-hour Messenger messaging window for content outside the message tags allowed by Meta’s policies.
• Post or transmit Content that is defamatory, obscene, hateful, infringing, fraudulent, or unlawful.
• Attempt to access other users’ accounts or data, probe for vulnerabilities, or disrupt the Service.
• Use the Service, or any output generated by the AI Assistant, to develop, train, fine-tune, or evaluate a model or product that competes with the Service or with the underlying large-language-model provider, consistent with that provider’s own usage policies.
• Scrape, index, or bulk-export conversations, embeddings, or model outputs from the Service.
• Impersonate another person or misrepresent your affiliation with any person or entity. Do not claim AI-generated messages are from a human when the buyer asks.
• Circumvent rate limits or use automated tools beyond those provided by the Service.
• Reverse-engineer, decompile, or attempt to extract source code, except as permitted by applicable law.

We may suspend or terminate accounts that violate these rules, with or without prior notice.

9. Third-party platforms

Use of the Service alongside Facebook Messenger, Telegram, Google, or any other third-party platform is subject to that platform’s own terms and policies, including Meta’s Platform Terms, Messenger Platform Policies, and Telegram’s Terms of Service. You are responsible for complying with them. Where these Terms conflict with a third-party platform’s terms regarding use of that platform, the third-party terms govern your use of that platform.

10. Intellectual property and DMCA-style takedown

Tokkae’s rights. The Service, including software, design, text, graphics, logos, and trademarks (other than user Content), is owned by Tokkae or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.

Your Content. You retain all rights to Content you upload or create through the Service. By submitting Content, you grant Tokkae a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting purposes), transmit, and display your Content solely as necessary to operate, provide, and improve the Service, and to promote the Service using aggregated or anonymized data.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

Infringement notices. If you believe Content on the Service infringes your copyright, trademark, or other intellectual-property right, send a written notice to [email protected] with: (i) your contact information, (ii) identification of the work allegedly infringed, (iii) the URL or shop handle where the infringing Content appears, (iv) a good-faith statement that the use is not authorized, and (v) a statement under penalty of perjury that the information is accurate and that you are the rights holder or authorized to act on their behalf. We will evaluate complete notices, remove or disable access to Content we find infringing, forward the notice to the seller, and may terminate repeat infringers’ accounts. A seller may submit a counter-notice to the same address.

11. Fees, payments, and taxes

During the pre-launch and early access period, core seller-side features of the Service are free to use. We will provide advance notice by email or in-app message before introducing any fees and you will have the opportunity to review pricing before continuing to use paid features. Transaction fees, payment processor charges, and applicable taxes, when introduced, will be disclosed at the relevant point in the Service.

Sellers are solely responsible for calculating, collecting, reporting, and remitting any taxes arising from their sales, including VAT under Cambodian law. Seller indemnifies Tokkae against any tax claim, penalty, or interest arising from sales made through the Service (see Section 16).

12. Orders, delivery, and refunds

Contracts for sale are formed directly between buyer and seller. The seller is responsible for shipping, fulfilment, refunds, warranties, and dispute resolution. Tokkae may provide tools to help sellers and buyers communicate, track orders, and manage refund requests, but is not itself a party to any sale.

13. Waitlist — no launch or access guarantee

Joining the Tokkae waitlist does not guarantee that the Service will launch, that you will receive access, or that features described in marketing material will be available at launch. We may change, delay, limit, or cancel features at our discretion. Waitlist entries are not a contract to provide the Service and do not create a right to any specific price, feature, or release date. You may leave the waitlist at any time (see the Data Deletion page).

14. Termination

You may stop using the Service and delete your account at any time from in-app settings or by contacting us. We may suspend or terminate your access to the Service at our discretion, including where we believe you have violated these Terms, pose a security risk, or expose Tokkae to legal liability. On termination, your license to use the Service ends. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, tax indemnity, and governing law) survive.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOKKAE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT AI RESPONSES WILL BE ACCURATE OR APPROPRIATE, NOR THAT ITEMS OFFERED BY INDEPENDENT SELLERS WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

16. Limitation of liability and seller indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOKKAE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (b) ONE HUNDRED U.S. DOLLARS (USD 100).

Seller indemnity. In addition to Section 17, Seller agrees to defend, indemnify, and hold harmless Tokkae and its affiliates from and against any tax assessment, duty, penalty, or interest (including Cambodian VAT and income tax, and any foreign tax) that a tax authority claims is owed in connection with the Seller’s sales, listings, or activities on the Service. Seller shall also indemnify Tokkae against any claim that a Seller’s Content, AI personality configuration, or AI-generated reply issued on Seller’s behalf violated a third party’s intellectual-property, privacy, or consumer-protection rights.

17. General indemnification

You agree to defend, indemnify, and hold harmless Tokkae, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with (i) your access to or use of the Service; (ii) your Content; (iii) your violation of these Terms; or (iv) your violation of any third-party right, including any intellectual property, privacy, or consumer-protection right.

18. Governing law and dispute resolution

These Terms are governed by the laws of the Kingdom of Cambodia, without regard to its conflict-of-laws principles.

Informal resolution first. Before filing a claim, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute for at least 30 days.

Arbitration option. If the dispute is not resolved informally, the parties may, by mutual written agreement, submit the dispute to final and binding arbitration administered by the National Commercial Arbitration Centre of Cambodia (NCAC) under its rules then in effect, seated in Phnom Penh and conducted in English or Khmer. Arbitration shall apply only where both parties consent in writing after the dispute arises.

Courts. Absent an arbitration agreement, any dispute arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Phnom Penh, Cambodia, unless otherwise required by mandatory local consumer-protection law. Buyers who are consumers may always bring a claim in the courts of their habitual residence where local law allows.

19. Changes to these Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or in-app message before they take effect. Continued use of the Service after the effective date of a revision means you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

20. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Tokkae regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. We may send notices by email to the address on your account or by posting on the Service. Send notices to us at the contact address below.

21. Language

The authoritative version of these Terms is English. A Khmer-language summary is available on request by emailing [email protected]. In case of discrepancy between a Khmer translation and this English version, the English version governs, except where Cambodian law requires otherwise. / កំណែជាភាសាខ្មែរ មានផ្តល់ឱ្យតាមការស្នើសុំ។

22. Contact us