These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Tomex ("we", "us", or "our"), concerning your access to and use of our software-as-a-service platform for managing internal processes and workflows using AI. We are registered in California, United States and have our registered office at 47 Kearny St, STE 600, San Francisco, CA 94108. You agree that by accessing our services, you have read, understood, and agree to be bound by all of these Terms of Use.
Unless otherwise indicated, our platform is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
By using our services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access our services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use our services for any illegal or unauthorized purpose; and (5) your use of our services will not violate any applicable law or regulation.
We accept the following forms of payment: ACH or Wire Transfers. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
You may not access or use our services for any purpose other than that for which we make them available. Our services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of our services, you agree not to:
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). When you create or make available any Contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
These Terms of Use shall remain in full force and effect while you use our services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.
We reserve the right to change, modify, or remove the contents of our services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We also reserve the right to modify or discontinue all or part of our services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our services.
These Terms shall be governed by and defined following the laws of the United States. You irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Our services are provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our services, even if we have been advised of the possibility of such damages.
For questions or legal concerns, reach us at support@tomex.ai.
