Terms of Service

These Terms govern your access to and use of toma.com (the "Site"), including any public voice or chat demos (collectively, the "Demos"), and Toma's Web Chat widget when embedded on participating dealer websites (the "Web Chat"). "You" means either (a) an authenticated user who logs in to the Toma platform on behalf of a dealership (b) an unauthenticated visitor browsing the Site or trying the Demos, or (c) a Chat User who interacts with the Web Chat on a dealer's website.

If your dealership has executed Toma's Enterprise Terms, those terms control the paid Services. These Terms apply to your use of the Site, Demos, and Web Chat, and supplement (and do not replace) the Enterprise Terms or any Data Processing Agreement between Toma and the applicable dealer.

1. Acceptance

By visiting the Site, creating an account, using a Demo, or interacting with the Web Chat on a dealer's website, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site, Demos, or Web Chat.

2. License & Intellectual Property

• Limited License. Toma grants you a personal, non-transferable, revocable license to access the Site and use the Demos and Web Chat solely for evaluation or internal business purposes, or, in the case of Chat Users, for the purpose of communicating with the applicable dealer.
• Ownership. Toma and its licensors retain all intellectual-property rights in the Site, Demos, Web Chat, text, graphics, trademarks, and software. No rights are granted except as expressly stated.

3. Demo Inputs & Feedback

Anything you type, say, upload, or record in a Demo ("Demo Content") may be logged and used to improve our products, consistent with the Privacy Policy. If you send suggestions or feedback, you grant Toma a perpetual, royalty-free right to use them without restriction.

4. Acceptable Use

You agree not to:

1. Copy, modify, reverse-engineer, or resell any part of the Site or Demos;
2. Upload malware, attempt to gain unauthorized access, or disrupt others' use;
3. Submit illegal, infringing, or harmful content;
4. Use the Demos to place real orders, schedule real appointments, or collect personal data from others;
5. Impersonate another person, misrepresent your identity, or use the Web Chat for any purpose other than communicating with the applicable dealer regarding vehicle inquiries or related dealer services.

We may suspend or block access for violations.

5. Accounts & Security

If you create an account:

• Keep credentials confidential and notify us immediately of unauthorized use.
• You are responsible for activity under your credentials.

6. Third-Party Links

The Site may link to third-party sites. Toma is not responsible for their content, privacy practices, or availability.

7. Disclaimers

The Site, Web Chat, and Demos are provided "as is" without warranties of any kind. Speech recognition and AI responses may be inaccurate or incomplete. Toma disclaims all implied warranties to the fullest extent permitted by law. The Web Chat is an AI-powered tool and does not constitute professional advice. Vehicle pricing, availability, payment estimates, and other information provided through the Web Chat are for informational purposes only and are subject to verification by the applicable dealer.

8. Limitation of Liability

To the maximum extent allowed:

• Toma will not be liable for indirect, incidental, or consequential damages, or lost profits, arising from your use of the Site, Web Chat, or Demos.
• Toma's total liability for direct damages will not exceed one hundred U.S. dollars (USD $100).

Some jurisdictions do not allow certain limitations; they apply to the extent permitted.

9. Messaging Terms (SMS/MMS)

By providing your phone number and opting in (whether through the Site, Demos, or Web Chat), you agree to receive text messages from Toma Notifications.

• Program Description: The short code will be used exclusively for account notifications sent to Toma platform users (dealership staff). Messages notify users of activity within their Toma account, such as unresolved phone calls, unresolved SMS conversations, and opened heat cases. This is a customer care / account notification program only. Users opt in by navigating to their account settings at app.toma.com, entering their cell phone number in the "Phone Notifications" field under "My Notifications," and saving their preferences. By saving, they consent to receive SMS notifications for the alert types they have enabled.
• Opt-Out: You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
• Help: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@toma.com.
• Rates: Message and data rates may apply for any messages sent to you from us and to us from you.
• Frequency: Message frequency varies.
• Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.
• Privacy: For questions regarding privacy, please review our Privacy Policy at www.toma.com/docs/privacy.

10. Privacy Rights

Your use of the Site, Demos, and Web Chat is subject to our Privacy Policy, which describes how we collect, use, and share your personal information, and explains your rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA) and other applicable state privacy laws. By using the Web Chat, you acknowledge the collection and processing of your information as described in the Privacy Policy, including the Notice at Collection provided therein.

If you are a California resident, you have specific rights regarding your personal information, including the right to know, delete, correct, and opt out of the sale or sharing of your personal information. To exercise these rights, please refer to Section 9 of our Privacy Policy or contact us at support@toma.com.

11. Modifications

We may update these Terms at any time by posting a revised version and updating the "Last updated" date. Continued use after changes means you accept the revised Terms.

12. Governing Law & Venue

These Terms are governed by California law. Any dispute will be resolved exclusively in the state or federal courts located in San Francisco, California.

13. Termination

We may terminate or suspend your access to the Site, Web Chat, or Demos at any time, with or without notice, for any reason. Sections 2–14 survive termination.

14. Contact Us

Questions or requests?

Toma, Inc.

277 Carolina St.

San Francisco, CA 94103

Email: support@toma.com

By using the Site, Web Chat, or Demos, you acknowledge that you have read, understood, and agree to these Terms.