TERMS OF USE
Last Updated: July 24, 2024
Welcome to Tomo! We are the creators of the Tomo mobile and desktop-based
apps (collectively, the “App”) and provide cloud-based services to access
and communicate through the Tomo protocol. We’re glad you’re here to read
these Terms of Use. If you have any questions about any of this, you can
contact us at: contact@tomo.inc, and we’ll do our best to help.
Our website and the App are owned and provided by Tomo, Inc. In these
Terms of Use, we’ll refer to the company as “Tomo”. And when we say “we,”
“us,” or “our,” that’s also referring to the company. We encourage you to
read these Terms of Use (the “Terms”) and our Privacy Policy carefully
because they - along with other posted policies, rules, and guidelines -
govern your use of and interaction with our website (www.tomo.inc) (the
“Site”), the App, the other features and software and technologies we
provide, and our communications with you. To make these Terms easier to
read, we use the word “Services” here to collectively describe and
encompass our Site, the App, the other features and software and
technologies we provide, and our communications with you.
These Terms govern your access to and use of our Services, whether as a
guest, Site visitor, or registered user, as applicable, including account
holders and non-account holders (each a “User,” collectively “Users”). By
using the Services, you acknowledge that you have read and understood
these Terms and you accept and agree to be bound and abide by these Terms.
If you do not agree with any part of the Terms, you must not use the
Services.
Community Guidelines
By agreeing to these Terms of Service, you are agreeing to the Community
Guidelines. These include: zero tolerance for abusive users or harassment
of others, zero tolerance for hate speech, no posting illegal content, no
incitement to violence, no spam, no misleading impersonation, and users
should respect intellectual property.
Important Notice Regarding Arbitration
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO
ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH
LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING
AND FINAL ARBITRATION, AND FURTHER THAT: (1) YOU WILL ONLY BE PERMITTED TO
PURSUE CLAIMS AGAINST TOMO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU
WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO
HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF
LAW.
Changes to Terms and Services
Our Services are evolving, and hence we may update them and the Terms from
time to time. If we modify the Terms, we’ll let you know either by posting
the updated Terms within the Services or through other communications.
It’s important that you review the Terms whenever we update them or when
you use the Services. If you continue to use the Services after we have
posted updated Terms, you are agreeing to be bound by the updated Terms.
If you don’t agree to be bound by the updated Terms, then you may not use
the Services anymore and you are prohibited from doing so. We may, at our
sole discretion, change or discontinue all or any part of the offerings we
provide via our Services, at any time and without notice.
You acknowledge that Tomo may establish general practices and limits
concerning the use of the Services, including the maximum period of time
that data or other content will be retained by the Services and the
maximum storage space that will be allotted on Tomo’s or its third-party
service providers’ servers on your behalf. You agree that Tomo has no
responsibility or liability for the deletion or failure to store any data
or other content maintained or uploaded by the Services. You acknowledge
that Tomo reserves the right to terminate Accounts (as defined below) that
are inactive for an extended period of time. You further acknowledge that
Tomo reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
Accessing the Services
You are responsible for obtaining the data network access necessary to use
the Services. Your mobile network's data and messaging rates and fees may
apply if you access or use the Services from your device. You are
responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and any updates thereto. Tomo
does not guarantee that the Services, or any portion thereof, will
function on any particular hardware or devices. In addition, the Services
may be subject to malfunctions and delays inherent in the use of the
Internet and electronic communications. Tomo reserves the right to modify,
revise, or remove the Services we provide, including the Site and App, at
Tomo’s sole discretion without notice. Tomo may restrict access to some
parts of the Services. Tomo will not be liable for any outages to the
Services that may occur, for whatever reason.
Who May Use the Services?
You may use the Services only if (1) you are 18 years or older (or the
legal age of majority in your jurisdiction) or are between 13 years and 17
years old and your parent or legal guardian must agree to be bound by
these Terms and (2) capable of forming a binding contract with Tomo, and
are not barred from using the Services under applicable law. If you want
to use certain features of the Services, you’ll have to create an account
(“Account”). It’s important that you provide us with accurate, complete,
and up-to-date information for your Account and you agree to update such
information to keep it accurate, complete, and up-to-date. If you don’t,
we reserve the right to suspend or terminate your Account. You agree that
you won’t disclose your Account login credentials to anyone and you’ll
notify us immediately of any unauthorized use of your Account. You’re
responsible for all activities that occur under your Account, whether or
not you know about them.
Tomo reserves the right to disable any account, username, password,
functionality, or content at any time, in our sole discretion for any or
no reason, including if, in our opinion, there has been a violation of any
provision of these Terms or other posted policies, guidelines, or rules.
Feedback
We welcome feedback, comments, and suggestions for improvements to the
Services (“Feedback”). You can submit Feedback by emailing us at
contact@tomo.inc. You hereby grant to us a non-exclusive, transferable,
worldwide, perpetual, irrevocable, sub-licensable (through multiple
tiers), fully-paid, royalty-free license to use, copy, modify, create
derivative works based upon, and otherwise exploit for any purpose the
Feedback you provide us.
Content Ownership, Responsibility, and Removal
Definitions: For purposes of these Terms: (i) “Content” means text,
graphics, images, music, software, audio, video, works of authorship of
any kind, and information or other materials that are posted, generated,
provided, or otherwise made available through the Services; and (ii) “User
Content” means any Content that Users (including you) provide to be made
available through the Services including without limitation, any reviews,
ratings, and comments you provide. For clarity, Content includes without
limitation User Content.
Our Content Ownership: Tomo does not claim any ownership rights in any
User Content and nothing in these Terms will be deemed to restrict any
rights that you may have to use and exploit your User Content. Subject to
the foregoing, as between you and Tomo, Tomo is the sole owner of and will
retain ownership of all right, title, and interest in the Services and
Content, including all underlying software, algorithms, interfaces,
technology, databases, tools, know-how, processes and methods used to
provide or deliver the Services, documentation, aggregate data related to
the Services, all improvements, modifications, or enhancements to (or
derivative works of) the foregoing (regardless of inventorship or
authorship), and all Intellectual Property Rights in and to any of the
foregoing. You acknowledge that the Services and Content are protected by
copyright, trademark, and other laws of the United States and foreign
countries. You agree not to remove, alter, or obscure any copyright,
trademark, service mark, or other proprietary rights notices incorporated
in or accompanying the Services or Content.
Rights in User Content Granted by You: By making any User Content
available through the Services you hereby grant to Tomo a perpetual,
irrevocable, non-exclusive, transferable, worldwide, royalty-free, fully
paid license, with the right to sublicense (through multiple tiers), to
use, copy, modify, create derivative works based upon, distribute,
publicly display, and publicly perform your User Content in connection
with operating and providing the Services.
Your Responsibility for User Content: You are solely responsible for all
your User Content. You represent and warrant that: (i) you own all your
User Content or you have all rights that are necessary to grant us the
license rights in your User Content under these Terms, and (ii) neither
your User Content, nor your use and provision of your User Content to be
made available through the Services, nor any use of your User Content by
Tomo on or through the Services will infringe, misappropriate, or violate
a third party’s intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Tomo: Subject to your compliance with these
Terms, Tomo grants you a limited, non-exclusive, non-transferable license,
with no right to sublicense, to download, view, copy, display, and print
the Content solely in connection with your permitted use of the Services
and solely for your personal and non-commercial purposes.
Third-Party Content: Under no circumstances will Tomo be liable in any way
for any content or materials of any third parties (including Users),
including for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any such Content.
You acknowledge that Tomo does not pre-screen Content, but that Tomo and
its designees will have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the
Services. Without limiting the foregoing, Tomo and its designees will have
the right to remove any Content that violates these Terms or is deemed by
Tomo, in its sole discretion, to be otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
Your Representations and Warranties
By using the Services, you expressly represent and warrant that your use
of the Services is solely for your personal use. When using the Services,
you agree to comply with all applicable laws. By using the Services, you
agree, represent, and warrant that:
- You are eligible to use the Services, based on the requirements outlined
in the section entitled “Who May Use the Services.”
- You will only use the Services for lawful purposes, using only
authorized means; you will not use the Services for sending or storing any
unlawful material or communications or for deceptive or fraudulent
purposes.
- You will not use the Services, or any Content accessible through the
Services, for any commercial purpose, including but not limited to
competing with Tomo services.
- You will not create or compile, directly or indirectly, any collection,
compilation, or other directory from the Content displayed through the
Services except for your personal, noncommercial use.
- You will keep secure and confidential your account password or any
identification credentials we provide you which allows access to the
Services.
- You will only use the Services for your own use and will not resell the
Services to a third party.
- You will not conduct any systematic retrieval of data or other Content
from the Services, and you will not copy any Content displayed through the
Services for republication in any format or media.
General Prohibitions and Enforcement Rights
You agree not to do any of the following:
- use, display, mirror, or frame the Services or any individual element
within the Services, Tomo’s name, any Tomo trademark, logo, or other
proprietary information, or the layout and design of any page or form
contained on a page, without Tomo’s express written consent;
- use the Services in any manner that violates federal, state, local, or
international law or regulation, including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries;
- access, tamper with, or use non-public areas of the Services, Tomo’s
computer systems, or the technical delivery systems of Tomo’s providers;
- impersonate or attempt to impersonate Tomo, a Tomo employee, contractor
or agent, another User, or any other person or entity;
- attempt to probe, scan or test the vulnerability of any Tomo system or
network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Tomo or any of Tomo’s
providers or any other third party (including another User) to protect the
Services;
- use any robot, spider, or other automatic device, process, or means to
access the Services for any purpose, including monitoring or copying any
material on the Services;
- attempt to gain unauthorized access to, damage, disrupt, or interfere
with any parts of the Services, or any server, computer or database
connected to the Services;
- attempt to decipher, decompile, disassemble or reverse engineer the
Services (including the App) or any of the software used to operate the
Services;
- collect or store any personally identifiable information from the
Services; and/or
- encourage or enable any other individual to do any of the foregoing.
Electronic Signatures
For some activities related to the Services, Tomo may permit you to use a
device equipped with an active connection to an internet service provider
to access your Tomo accounts and policies, and to perform certain
transactions as available. To facilitate this, you may be given the option
to sign, consent to, or agree to certain documents including, but not
limited to, these Terms, policies, quotes, updates, notifications, or
other information that you request, transaction receipts, documents
requiring your signature, or any other documents (“Communications”)
electronically by either checking the appropriate box or engaging in a
similar online process as instructed online. You agree that by checking
the appropriate box within or adjacent to the applicable Communication or
engaging in a similar online electronic consent process, you are providing
your electronic signature and agree to be bound by the terms and
provisions in such Communication just as if you had signed your name to a
paper document.
Disclaimers The following disclaimers
are made on behalf of Tomo, our affiliates, subsidiaries, parents, successors
and assigns, and each of our respective officers, directors, employees, agents,
and shareholders. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE
AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES
WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS
IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS
MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WE ARE
NOT RESPONSIBLE FOR ANY RESULTS OR ADVICE PROVIDED VIA THE SERVICES, AND DISCLAIM
ALL LIABILITY WITH RESPECT THERETO.
Indemnity To the extent permitted
by law, you agree to indemnify, protect and hold Tomo and its parents, subsidiaries,
affiliates, and assigns, and their respective officers, directors, employees,
agents, representatives and service providers harmless from any and all claims,
demands, damages, suits, losses, liabilities and causes of action (including
without limitation, the cost of defense, attorneys' fees, as well as the payment
of any final judgment rendered against or settlement agreed upon by Tomo or
its parent, subsidiary and/or affiliated companies) arising directly or indirectly
from, as a result of, or in connection with: (i) your User Content; (ii) your
failure to comply with any of these Terms; (iii) your violation of any applicable
laws, rules, or regulations related to your use of the Services; and (iv) your
use of the Services. Tomo reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with Tomo in asserting any
available defenses. Tomo will provide notice to you of any such claim, suit,
or proceeding. Tomo reserves the right to assume the exclusive defense and
control of any matter which is subject to indemnification under this section,
and you agree to cooperate with any reasonable requests assisting Tomo’s defense
of such matter. You may not settle or compromise any claim against the indemnified
parties without Tomo’s written consent. If you are a California resident, you
waive California Civil Code Section 1542, which says: “A general release does
not extend to claims that the creditor or releasing party does not know or
suspect to exist in his or her favor at the time of executing the release and
that, if known by him or her, would have materially affected his or her settlement
with the debtor or releasing party.” If you are a resident of another jurisdiction,
you waive any comparable statute or doctrine.
Limitation of Liability NEITHER
TOMO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS
OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE
OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT
OF OR IN CONNECTION WITH THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE,
THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOMO OR ANY
OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN NO EVENT WILL TOMO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED
ONE HUNDRED US DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOMO
AND YOU.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“DISCLAIMERS”, “INDEMNITY” AND “LIMITATION OF LIABILITY” ARE INTENDED TO
BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW
JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE
LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT
AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Jurisdictional Issues Tomo makes
no representation that the Services are appropriate or available for use in
your jurisdiction. If you choose to access the Services, you do so on your
own initiative and are responsible for compliance with any applicable local,
state, and federal laws, rules, and regulations.
Reliance on Information Posted The information presented throughout the Services is made available for general
information purposes only. Tomo does not warrant the accuracy, completeness,
or usefulness of the information. Any reliance you place on such information
is at your own risk. We disclaim all liability and responsibility arising from
any reliance placed on such materials by any visitor to, or User of, the Services,
or by anyone who may be informed of any of its contents.
User Disputes You agree that
you are solely responsible for your interactions with any other user in connection
with the Service, and Tomo will have no liability or responsibility with respect
thereto. Tomo reserves the right, but has no obligation, to become involved
in any way with disputes between you and any other user of the Service.
Links to Third-Party Websites or Resources The Services may contain links to third-party websites or resources. We provide
these links only as a convenience and are not responsible for the content,
products, or services on or available from those websites or resources or links
displayed on such websites. You acknowledge sole responsibility for and assume
all risk arising from your use of any third-party websites or resources.
Termination You agree that Tomo,
in its sole discretion, may suspend or terminate your account (or any part
thereof) or use of the Service and remove and discard any content within the
Service, for any reason, including for lack of use or if Tomo believes that
you have violated or acted inconsistently with the letter or spirit of these
Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may
be grounds for termination of your use of the Service may be referred to appropriate
law enforcement authorities. Tomo may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of these Terms of Use may be effected without prior notice and
acknowledge and agree that Tomo may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that Tomo will not
be liable to you or any third party for any termination of your access to the
Service.
Notices Any notices or other
communications provided by Tomo under these Terms, including those regarding
modifications to these Terms, will be given: (i) via email; or (ii) by posting
to the Services. For notices made by e-mail, the date of receipt will be deemed
the date on which such notice is transmitted.
Waiver of Rights Tomo’s failure
to enforce any right or provision of these Terms will not be considered a waiver
of such right or provision. The waiver of any such right or provision will
be effective only if in writing and signed by a duly authorized representative
of Tomo. Except as expressly set forth in these Terms, the exercise by either
party of any of its remedies under these Terms will be without prejudice to
its other remedies under these Terms or otherwise.
Entire Terms Except as otherwise
stated herein or otherwise amended and agreed to by you and Tomo, these Terms
constitute the entire and exclusive understanding and agreement between Tomo
and you regarding your use of the Services, and these Terms supersede and replace
any and all prior oral or written understandings or agreements between Tomo
and you regarding the use of the Services. If any provision of these Terms
is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect - except as
otherwise described in Dispute Resolution by Binding Arbitration section. You
may not assign or transfer these Terms, by operation of law or otherwise, without
Tomo’s prior written consent. Any attempt by you to assign or transfer these
Terms, without such consent, will have no legal effect. Tomo may freely assign
or transfer these Terms without restriction. Subject to the foregoing, these
Terms will bind and inure to the benefit of the parties, their successors,
and permitted assigns.
Contact Us If you have any questions
about these Terms or the Services, please contact us at:
contact@tomo.inc..
