Toma, Inc. Terms of Use

Last Updated: 5th Dec, 2024

Toma, Inc. and/or its affiliates ("Toma", "we", or "us") operate software-as-a-service (SaaS) products and related services ("Toma Services") accessible via our website located at www.toma.com ("Toma Platform"). These Terms of Use ("Terms") govern your access to and use of the Toma Platform and Toma Services.

By using the Toma Platform or subscribing to Toma Services, you agree to these Terms. These Terms do not apply to other products or services that we may make available under separate agreements.

1. Information You Provide

When you create an account or use Toma Services, you may provide personal and business information. Our Privacy Policy explains our practices regarding the information we collect and use.

We may need to send you emails or notifications (e.g., for account verification, security updates, or important notices). By providing your contact details, you authorize us to send such communications. Standard text or data charges may apply for text notifications. You may opt out of receiving non-essential text messages by replying "STOP" or as specified in the message. However, disabling certain notifications may impact the functionality or security of your Toma Services.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under 18 years old, you confirm that you have your parent or guardian's permission to use the Services and that they have read and agreed to these Terms on your behalf. If you do not have this permission, you may not use the Services.

3. Your Use of the Services

Subject to your compliance with these Terms, Toma grants you a limited, revocable, non-exclusive, non-transferable license to download, install, and use one copy of the Toma application on your personal device solely for your own internal business purposes. You may not copy, modify, distribute, sell, lease or sub-license any part of the Services.

You agree not to abuse or improperly use the Services. You will only use the Services for lawful purposes and in accordance with these Terms and all applicable laws. You are solely responsible for the information and content you contribute to the Services and the lawful use of content you access from the Services.

You agree to comply with the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act when using the Services. By making outbound calls using Toma, you acknowledge that your recipients have consented to all calls made through the Toma platform and you rid Toma of any liability for any violations of all consumer protection laws including, but not limited to, the TCPA and CAN-SPAM.

4. Your Toma AI

When you sign up for Toma, you may generate unique AI assistants to assist you. These AI assistants are created solely for you and are not shared with any other Toma users. However, Toma may access, use, modify or distribute your AI as necessary to provide, maintain, and improve the Services.

5. Your Information

You agree that Toma may process your information in accordance with our Privacy Policy, including using third party services. This information may be transferred, processed and stored in the United States or other countries. You are responsible for the information you provide to us through the Services.

You can share confidential information with your Toma AI to help train it. However this information may be provided to OpenAI or other third party services we utilize, subject to appropriate technical and contractual protections.

6. Fees & Billing

You agree to pay all applicable fees for the Services as described on our website or mobile application. Toma may change its fees and billing methods at any time by posting updated rates on the Services. All Fees paid are nonrefundable. You may terminate your subscription with Toma by providing written notice no later than thirty (30) days prior to the next billing date.

7. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

8. Ownership and Intellectual Property

Toma and our licensors own all rights, title, and interest in the Services, including all intellectual property rights. You agree not to copy, modify, distribute, sell, or lease any part of our Services.

9. Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. TOMA DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOMA DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS OR VIRUSES, OR THAT YOUR INFORMATION WILL NOT BE INTERCEPTED.

10. Limitation of Liability

TOMA WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOMA'S TOTAL CUMULATIVE LIABILITY RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO TOMA IN THE PRIOR SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO SUCH CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Toma, our affiliates, and licensors, and our respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Services.

12. Changes to these Terms

Toma may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Toma website. Your continued use of the Services constitutes acceptance of the amended Terms. The updated Terms will apply prospectively only.

13. General

These Terms represent the entire agreement between you and Toma regarding the use of the Services. If any provision of these Terms is found unenforceable, it will be severed while retaining the intent of the Terms. The Terms are governed by the laws of Delaware. All disputes related to these Terms must be resolved in Delaware courts.

Changes to the Terms

Toma, Inc. may update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any changes. By continuing to access or use the Toma app after any changes to these Terms, you agree to be bound by the revised Terms.

Contact Information

Toma, Inc.
680 Indiana St.
#502
San Francisco, CA 94107
www.toma.com

For questions or support, contact us at hi@toma.com