Terms

Last updated: April 30, 2025

These Terms govern your access to and use of toma.com (the “Site”), including any public voice or chat demos (collectively, the “Demos”).  “You” means either (a) an authenticated user who logs in to the Toma platform on behalf of a dealership or (b) an unauthenticated visitor browsing the Site or trying the Demos.

If your dealership has executed Toma’s Enterprise Terms, those terms control the paid Services. These Website Terms apply only to your use of the Site and Demos and supplement—do not replace—the Enterprise Terms.

1. Acceptance

By visiting the Site, creating an account, or using a Demo, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site or Demos.

2. License & Intellectual Property

  • Limited License. Toma grants you a personal, non-transferable, revocable license to access the Site and use the Demos solely for evaluation or internal business purposes.
  • Ownership. Toma and its licensors retain all intellectual-property rights in the Site, Demos, text, graphics, trademarks, and software. No rights are granted except as expressly stated.

    • 3. Demo Inputs & Feedback

    Anything you type, say, upload, or record in a Demo (“Demo Content”) may be logged and used to improve our products, consistent with the Privacy Policy. If you send suggestions or feedback, you grant Toma a perpetual, royalty-free right to use them without restriction.

    4. Acceptable Use

    You agree not to:

    1. Copy, modify, reverse-engineer, or resell any part of the Site or Demos;
    2. Upload malware, attempt to gain unauthorized access, or disrupt others’ use;
    3. Submit illegal, infringing, or harmful content;
    4. Use the Demos to place real orders, schedule real appointments, or collect personal data from others.

    We may suspend or block access for violations.

    5. Accounts & Security

    If you create an account:

    • Keep credentials confidential and notify us immediately of unauthorized use.
    • You are responsible for activity under your credentials.

    6. Third-Party Links

    The Site may link to third-party sites. Toma is not responsible for their content, privacy practices, or availability.

    7. Disclaimers

    The Site and Demos are provided “as is” without warranties of any kind.  Speech recognition and AI responses may be inaccurate or incomplete.  Toma disclaims all implied warranties to the fullest extent permitted by law.

    8. Limitation of Liability

    To the maximum extent allowed:

    • Toma will not be liable for indirect, incidental, or consequential damages, or lost profits, arising from your use of the Site or Demos.
    • Toma’s total liability for direct damages will not exceed one hundred U.S. dollars (USD $100).

    Some jurisdictions do not allow certain limitations; they apply to the extent permitted.

    9. Indemnity

    You will indemnify and hold Toma harmless from claims arising out of: (a) your breach of these Terms, (b) Demo Content you submit, or (c) your misuse of the Site.

    10. Modifications

    We may update these Terms at any time by posting a revised version and updating the “Last updated” date.  Continued use after changes means you accept the revised Terms.

    11. Governing Law & Venue

    These Terms are governed by California law.  Any dispute will be resolved exclusively in the state or federal courts located in San Francisco, California.

    12. Termination

    We may terminate or suspend your access to the Site or Demos at any time, with or without notice, for any reason.  Sections 2–12 survive termination.

    13. Contact Us

    Questions or requests?

    Toma, Inc.
    680 Indiana St. #502
    San Francisco, CA 94107
    Email: support@toma.com

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    By using the Site or Demos, you acknowledge that you have read, understood, and agree to these Terms.