Terms of Service

1. Description of TOMO Services

1.1 TOMO cannot be held responsible for, and to the maximum extent permitted by law, excludes liability for, the conduct of users of TOMO.

2. Use of the TOMO Platform, and Eligibility

As a TOMO user:

2.1 You agree not to send anything abusive, threatening or defamatory.

2.2 You agree not to send any misleading or false material or use TOMO to intentionally deceive others.

2.3 You agree not to distribute spam, third-party promotions, or chain letters.

2.4 You agree not to infringe on the rights of any third party.

2.5 You agree not to distribute any technologies, like viruses, that may harm TOMO or the interests of TOMO customers.

2.6 You agree not to decompile, disassemble, create derivative works or reverse engineer based on the whole or any part of the TOMO Platform.

2.7 You agree not to use any automated or unautomated means (robot, spider, scraper, etc.) to access and/or collect content on the TOMO platform without the express written permission of TOMO.

2.8 You agree not to interfere with the proper working of TOMO, including imposing an unreasonable load on our infrastructure.

2.9 You agree not to modify, copy, or distribute content or rights from the TOMO platform or applications of tools from TOMO’s copyrights and trademarks.

2.10 You agree not to republish, download, copy, record, broadcast, transmit, commercially exploit, post, communicate to the public, edit, or distribute in any way web pages, services, or materials on the TOMO platform or the coding of elements comprising TOMO for anything other than your own personal use.

2.11 You agree not to bypass security measures to prevent or restrict access to TOMO.

2.12 You agree to compensate and defend TOMO against legal proceedings or claims as a result of your breach in these Terms.

2.13 You acknowledge that your use of TOMO grants you a revocable, non-exclusive, non-transferable license to use TOMO and grants you no rights or any of the intellectual property rights owned by TOMO other than the right to use TOMO in accordance to the Terms of Service.

3. Modification of Terms of Service

3.1 TOMO reserves the right to alter these Terms of Service at any time. If we change these Terms, we will post the revised Terms on the TOMO platform and give customers reasonable notice of the changes to your TOMO services. If you do not agree to the updated Terms, customers can end their use of TOMO at any time. Continued use of TOMO after the new Terms become effective is an agreement of the updated Terms of Service.

4. Posted Content on the TOMO Service

4.1 You agree to be responsible for anything you submit to TOMO (“Your Content”). You agree to only submit content that you have all the rights for, and you will not infringe on the rights of any third party (including intellectual property rights).

4.2 When you post Your Content, you grant us a non-exclusive, perpetual, worldwide, royalty-free, irrevocable, transferable, sub-licensable right to exercise any and all design, copyright, trademark, database and intellectual property rights to that content.

4.3 When you post Your Content, you waive your right to the fullest extent permitted by law to be identified as the author of Your Content.

5. TOMO Guarantee

5.1 Nothing in these Terms shall limit liability of TOMO for fraudulent misrepresentation, or for personal injury or death as a result of the negligence of TOMO, its agents or employees.

5.2 You have certain legal rights under the law. You have legal options if we breach these Terms. These Terms are not intended to affect the legal rights to which you are entitled. For more information, contact a legal professional.

5.3 TOMO is not responsible for any losses incurred by you that are not a result of our breach of Terms. This includes indirect losses which are a side effect of a main loss and are not reasonably foreseen when entering into this agreement (i.e. loss of opportunity).

5.4 TOMO is not responsible for Your Content to the extent that it is unlawful, abusive, obscene, threatening or indecent or otherwise infringes upon or violates the right of any other persons, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

5.5 We are not responsible to provide the TOMO service or to meet our obligations under these Terms where such failure is due to 'Events Out of Our Control' (meaning any event we cannot control including, but not limited to fire, flood, storm, riot, civil disturbance, war, terrorist activity, or any disaster).

6. Personal Information and Privacy

6.1 By using TOMO you agree to the collection, storage, transfer and use of your personal information by TOMO. Please see further details in our Privacy Policy.

6.2 You agree to receive marketing communication from TOMO via email unless you opt out of such communications.

7. General

7.1 If you breach the Terms of Service and TOMO takes no action against you, we reserve the right to take action at a later date.

7.2 We reserve the right to transfer our rights under the Terms to any third party without having your consent (including any related claims).

7.3 Your rights to use the TOMO platform is subject to any applicable law.

7.4 No joint venture, partnership, employment, or agency relationship exists between you and TOMO as a result of these Terms or your use of the TOMO Platform.

8. Renter Rules

8.1 Before becoming a Renter on TOMO please read these rules (“Renter Rules”) before using the TOMO platform. By using TOMO you agree to the Renter Rules in addition to the Terms of Service. TOMO is a platform to connect Renters, who are looking for a product to rent or a service to use, to Owners who are willing to offer these products or services. TOMO is an intermediary for the transaction of a Renter renting a product or service from an Owner. You acknowledge that you are not renting from TOMO and we are not responsible for the acts of omissions of either the Owner or the Renter in relation to the transaction. We do not guarantee or endorse any items or services booked through TOMO or any content posted by the Owners.

9. No Warranty

9.1 Use of the TOMO service is 'as is' and does not offer a warranty for any item or service provided by TOMO, whether explicitly stated or implied, to the maximum extent of the law.

9.2 Use of the site and the app are at the User’s risk, and the User assumes sole responsibility for any damage or loss of data resulting from the use of any TOMO services.

9.3 In the event that a third-party link is provided or service used through the TOMO service, TOMO does not endorse or monitor such interactions. The User assumes full responsibility for third party interactions.

9.4 Federal law, some states, and other jurisdictions may not allow limitation of certain implied warranties. The User may be exempt, so the disclaimers and agreements in this document will not apply to the extent prohibited by applicable law.