Terms of Service

Last updated: January 15, 2025

Please read these Terms of Service carefully before using Tomas Agent. By accessing or using our Service, you agree to be bound by these terms.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Tomas Agent ("we," "our," or "us") governing your access to and use of the Tomas Agent platform and services (collectively, the "Service").

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Tomas Agent is an AI-powered platform that provides:

  • Transparent AI conversations and reasoning processes
  • Goal management, execution planning, and task tracking
  • Integration capabilities with third-party services (e.g., Shopify, Google Search Console)
  • Knowledge base management and insights
  • Tool management and customization
  • Other features as described on our website

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • Transmit any malicious code, viruses, or harmful software
  • Attempt to gain unauthorized access to the Service, other accounts, or connected systems
  • Use the Service to store, transmit, or process illegal, harmful, or offensive content
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use automated systems (bots, scrapers) to access the Service without authorization
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to compete with or harm our business
  • Share your account credentials with others or allow others to access your account
  • Use the Service in any way that could damage, disable, or impair our systems

We reserve the right to suspend or terminate accounts that violate these terms.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, designs, logos, trademarks, and all intellectual property rights therein, are owned by Tomas Agent or our licensors. These Terms do not grant you any ownership rights in the Service.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

5.3 Your Content

You retain ownership of any content, data, or information you submit, upload, or create through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service.

5.4 User Content Representations

You represent and warrant that Your Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights, and that you have the right to grant us the license described above.

6. Payment Terms

6.1 Subscription Plans

Certain features of the Service may require a paid subscription. Subscription fees, billing cycles, and payment terms are displayed on our pricing page and may be updated from time to time.

6.2 Payment Processing

Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees associated with your subscription.

6.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged at the then-current subscription rate. We may change our pricing with 30 days' notice.

6.4 Refunds

Refund policies, if any, are specified at the time of purchase. Unless otherwise stated, subscription fees are non-refundable. We may provide refunds or credits at our sole discretion.

6.5 Failed Payments

If a payment fails, we may suspend or terminate your access to paid features until payment is successfully processed. You remain responsible for all outstanding fees.

7. Third-Party Integrations

The Service may integrate with third-party services and applications. Your use of these integrations is subject to:

  • The terms and conditions of each third-party service
  • Your authorization and consent to share data with these services
  • Any limitations or restrictions imposed by third-party providers

We are not responsible for the availability, accuracy, or practices of third-party services. You use integrations at your own risk and should review each service's terms and privacy policy.

8. Termination

8.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features in your settings. Upon termination, your access to the Service will cease, and your data may be deleted in accordance with our Privacy Policy.

8.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you violate these Terms, engage in fraudulent or illegal activity, or for any other reason at our sole discretion.

8.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • We do not warrant that the Service will be uninterrupted, secure, or error-free
  • We do not warrant that the Service will meet your specific requirements or expectations
  • We do not warrant the accuracy, completeness, or usefulness of any information provided by the Service
  • AI-generated content may contain errors or inaccuracies and should be verified independently
  • We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOMAS AGENT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from your use or inability to use the Service
  • Damages resulting from third-party integrations or services
  • Any errors or omissions in content or functionality

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tomas Agent, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) Your Content; or (e) any activity related to your account.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

14. Contact Information

If you have questions about these Terms of Service, please contact us:

Email: legal@tomasxyz.com

Website: https://tomasxyz.com