1. General

1.1. Definitions

"Platform" means the online service Tomi.ai located at https://tomi.ai/, including subdomains, through which services may be obtained.

"Visitor" means a person who browses the Platform without creating an account.

"Customer" means a person who registers to receive services.

"Account" means a personal account enabling access to services.

"Payment System" means a funds transfer system enabling payments for services.

1.2. Who We Are

Tomi.ai is a company registered and acting under the laws of the USA, located at 244 5th Avenue, Suite K260, New York, NY, 10001, the USA, represented by CEO Konstantin Bayandin.

1.3. Parties to These Terms

These terms govern relationships between the company and users, whether visitors or customers.

1.4. Change and Revisions

The company reserves the right to modify terms anytime by posting revised versions or emailing users. Essential changes receive advance notice. Continued platform use indicates acceptance of revisions. Users should review terms periodically.

1.5. Eligibility

Users must have authority to enter these terms. Users must reach majority age in their country; those under 16 need parental consent. Users representing legal entities warrant authority to bind those entities.

2. Our Services

2.1. Service Offerings

Visitors may access platform content without registration and contact the company through available channels.

Customers gain additional access to the cloud platform Tomi.ai which includes, among others: analytical services for the optimization of online campaigns, analysis of visitors on conversion propensity, uploading audiences in the Customer's advertising accounts, and other available services.

2.2. Subscription Model

Access to all the functional features of the cloud platform (Tomi.ai) is given for a certain period of time provided that the Customer has registered an Account on the Site and has prepaid for the respective Services provision period.

2.3. Promotional Offers

The company may offer services at discounts or with bonuses at its discretion. Terms of promotions may change anytime. Promotion information appears on the platform without guarantee of notification through other means.

3. How Can You Access and Use Our Platform and Services?

3.1. Account Registration

Account registration is free. Users must provide reliable, complete, accurate information during registration and maintain current data. Users must update account information within reasonable timeframes after changes. The company may modify registration requirements.

3.2. Access to Your Account

Users are responsible for maintaining login credential secrecy and all account activities. The company bears no liability for losses from credential disclosure. Users must immediately notify the company of unauthorized access.

3.3. Closing Your Account

Users may request account closure by contacting sales@tomi.ai. Upon closure, personal data is deleted unless legally prohibited. Users cannot close accounts to evade investigations. Account closure does not eliminate user obligations.

The company may delete or block accounts at its discretion if users violate terms, the Reasonable Use Policy, or applicable laws.

4. Cost of the Services and Payment Procedure

4.1. Pricing Information

Cost information appears at https://tomi.ai/#plans. Users should familiarize themselves with pricing before subscribing.

4.2. Cost Determination

Service costs depend on chosen plans and specifications like service duration and additional features. Pricing shows the initial monthly period cost.

4.3. Payment Terms

The Customer shall pay for the Services in the form of advance payment for the respective Services in accordance with the Plan chosen by such Customer.

4.4. Payment Options

4.4.1Customers may transfer funds via bank wire or Stripe Payment System per Stripe's terms.

4.4.2 Invoicing allows monthly invoices with 15-day payment windows.

4.4.3 ACH Payment permits bank account debits for authorized amounts at designated frequencies. The company may refuse this option without notice. Users should contact banks about account policies and liability limits.

4.5. Currency

Services are paid in US dollars.

4.6. Payment Timing

Payments are deemed made when fully credited to the company's bank account.

4.7. Subscription

Subscription activation requires requests and payment. Users agree that subscriptions automatically renew for identical periods without renewal limits. Renewal costs automatically transfer from specified accounts. Failed payments may suspend access until resolution. Unused features within subscription periods don't transfer to subsequent periods.

4.8. Plan Amendments

The company may amend plans, service scope, costs, and terms at its discretion. Changes appear at https://tomi.ai/#plans. The company makes efforts to notify users via associated email addresses. Disagreeing users may refuse services by notifying sales@tomi.ai.

4.9. Subscription Changes

Amendments apply after the first subscription renewal following changes. Non-cancellation before renewal constitutes full consent.

4.10. Change of Plan

Customers may switch plans anytime by requesting at sales@tomi.ai. Higher-cost plan switches require payment of cost differences during transition periods. New plan costs apply to subsequent billing periods.

5. Intellectual Property

5.1. Our Content

All rights to the Site and to any intellectual property objects on the Site including without limitation all content, information, design, text, graphics, visual interfaces, interactive features, logos, compilations, source and object code and other objects belong to the company or third-party licensors under copyright and intellectual property protections.

Modifying, reproducing, distributing, selling, licensing, reverse engineering, decompiling, copying, redistributing, using, or publishing platform content is prohibited unless expressly permitted. Platform use grants no ownership of intellectual property rights.

5.2. Deliverables and Platform's Intellectual Property

Customers own exclusive intellectual property rights to deliverables upon full payment. However, the Platform does not transfer any rights, including intellectual property rights on how the Deliverables are created by the Platform, including without limitation rights to any instruments, tools, software, prior acquired knowledge, skills, and expertise and other proprietary information and prior developed intellectual property of the Platform.

The platform retains unrestricted rights to its intellectual property for other purposes. Upon full payment, customers receive a perpetual, non-exclusive, non-transferable and non-sublicensable license, to use Platform's intellectual property as part of the Deliverables.

Licensees may use platform intellectual property within deliverables for reproduction, public performance, public announcement, demonstration, displaying, republication, translation, processing, adaptation, arrangement, distribution, and other similar uses. Users cannot use platform intellectual property outside deliverable contexts. Licenses grant unlimited temporal and territorial rights.

6. Warranty Disclaimers

YOU USE THE PLATFORM AT YOUR OWN DISCRETION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS.

The company makes no commitments regarding THE CONTENT, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF THE SERVICES; CORRESPONDENCE OF THE SERVICES TO YOUR EXPECTATIONS INCLUDING WITHOUT LIMITATION EXPECTATIONS REGARDING THE IMPACT OF THE SERVICES ON THE CUSTOMER'S SUCCESS IN BUSINESS ACTIVITIES AND HIS/HER COMMERCIAL OUTCOMES.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE PLATFORM WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

The company makes no claims about platform quality, completeness, accuracy, or reliability. It bears no responsibility for system errors or payment processing interruptions.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE WHATSOEVER FOR YOUR USE OF THE SITE, THE SERVICES AND THE DELIVERABLES.

Users understand the company is NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR OTHER LOSS OR DAMAGES, AS WELL AS LOSS OF PROFITS, LOSS OF BUSINESS, LITIGATION COSTS, OR ANY OTHER LOSSES ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SITE THE SERVICES AND THE DELIVERABLES regardless of theory, even with knowledge of potential damage.

The company bears no third-party liability. Information obtained creates no warranties beyond expressly stated terms. The company has no liability for failures beyond reasonable control.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF THE SITE AND THE SERVICES EXCEED THE AMOUNT OF THE COST OF THE SERVICES PAID BY THE CUSTOMER FOR THE PREVIOUS MONTH.

This limit is cumulative regardless of claim count. Limitations do not exclude non-waivable rights under applicable law.

8. Disputes Resolution

8.1. Disputes Between Users

Users are solely responsible for interactions with other users.

8.2. Disputes with Tomi.ai

The company encourages contacting sales@tomi.ai first to resolve disputes directly. Any dispute or claim relating in any way to your access and use of the Platform or Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and us shall be resolved by the respective court of the State of Delaware.

8.3. Restrictions

Users and the company agree that litigation remains between individual parties. To the fullest extent permitted, no litigation joins with others, no class-action procedures apply, and no representative actions proceed on behalf of the general public or others.

Disputes excluded from informal negotiation and mandatory litigation provisions include: disputes seeking to enforce or protect intellectual property rights validity, and claims for injunctive relief.

9. Miscellaneous Provisions

9.1. Entire Agreement and Severability

These Terms supersede and replace all prior terms, agreements, discussions and proposals regarding the Platform and constitute the entire agreement between you and us with respect to access and use the Platform and Services, unless otherwise expressly stated in these Terms.

Failure to enforce rights does not waive them. If parts become unenforceable, remaining parts remain fully valid.

9.2. Assignment

Users cannot assign rights or obligations without prior company consent. The company may freely assign or subcontract without restriction.

9.3. Applicable Law

All matters relating to the Platform and Services or these Terms, shall be governed by all applicable laws of the State of Delaware, without regard to its conflict of law provisions.

9.4. Indemnification

You use the Platform and Services at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand or liability, including reasonable attorneys' fees, related to your use of the Platform and Services or any violation of these Terms or applicable law.

9.5. Other Agreements

Parties may conclude separate agreements regarding services with different scopes and payment conditions. Conflicts between separate agreements and these terms resolve in favor of separate agreements. Terminating or modifying these terms does not affect separate agreements.

10. Privacy

Users should review the Privacy Policy and Cookie Policy describing privacy practices and cookie use.

Users believing personal data was unlawfully disclosed without consent should contact sales@tomi.ai. Confirmed infringements result in immediate deletion.

11. Your Use of the Site and Services

11.1. Lawful Use

You agree to use the Site and/or Services in compliance with these Terms and applicable local, national, and international laws, and regulations. You warrant that your use of the Site and/or Services does not infringe any third party intellectual, privacy or other rights.

Users bear responsibility for all site activity and service use. The company is not responsible for unlawful use. Fraudulent, abusive, or illegal activity may result in account closure or access suspension.

11.2. Prohibited Use

Users must comply with restrictions described in the Reasonable Use Policy, which constitutes an integral part of these terms and applies to customers.

12. Term and Termination

These terms remain effective while users access the platform or services. Users may terminate anytime by requesting at sales@tomi.ai.

The company reserves the right to suspend or terminate access anytime without prior notice if users violate terms, fail to comply with applicable law, or for any other reason. Provisions surviving termination by nature, including warranty disclaimers and liability limitations, remain in effect.

13. Contact Us

Users with questions should contact sales@tomi.ai or use other site communication methods.