Terms of Service

Effective Date: November 1, 2025

Provider: Tomo Labs, Inc. ("Tomo Labs," "we," "us," "our")

Service: Talkbook ("Talkbook" or the "Service")

1. Acceptance of Terms

By accessing or using Talkbook, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Service Description

Talkbook lets users create, publish, and interact with AI‑generated or AI‑assisted digital content ("Talkbooks"). Some features rely on large language models and other generative systems operated by Tomo Labs or partners.

3. Eligibility

You must be at least 13 years old or the minimum legal age in your jurisdiction. If you use the Service on behalf of an organization, you represent you have authority to bind that organization to these Terms.

4. Accounts

You are responsible for your account and all activity under it. Keep credentials secure. We may suspend or terminate accounts that violate these Terms or law.

5. Your Content and Rights

Inputs and Uploads: You retain ownership of the content and data you submit to the Service.

AI Outputs: Subject to applicable law and third‑party rights, you own the outputs you generate using the Service.

License to Tomo Labs: You grant Tomo Labs a worldwide, non‑exclusive, royalty‑free license to host, store, process, reproduce, and display your content and outputs as needed to operate, protect, and improve the Service.

Public Sharing: If you publish content publicly, you grant other users a license to view and use it through the Service's features. You can change visibility prospectively, but prior copies or uses may persist.

Feedback: You grant Tomo Labs a perpetual, irrevocable, royalty‑free license to use feedback you provide without restriction.

6. Acceptable Use

You agree not to:

• Violate law or others' rights.
• Upload or generate illegal, harmful, deceptive, or infringing content.
• Attempt to access non‑public areas, scrape, or overload the Service.
• Misrepresent AI outputs as human‑generated where it could cause harm.
• Bypass usage limits or safety filters.

We may remove content or restrict access for violations.

7. AI Disclosures

Generative outputs can be inaccurate or biased. Validate information before relying on it. You are responsible for your use of outputs.

8. Payments and Subscriptions

If you buy paid features, you agree to pay the stated fees and taxes. Unless required by law, fees are non‑refundable. We may change prices prospectively with notice where required.

9. Third‑Party Services

The Service may integrate third‑party services (hosting, model providers, payments). Those services are governed by their own terms. Tomo Labs is not responsible for third‑party acts or failures.

10. Privacy

We collect and use information to operate and improve the Service. See the Privacy Policy for details.

11. Security

We implement reasonable safeguards, but no system is perfectly secure. You use the Service at your own risk and should maintain backups of important content.

12. Termination

You may stop using the Service at any time. We may suspend or terminate access for violations or risks to the Service. Upon termination, sections that by their nature should survive do so, including Sections 5, 7, 10–16.

13. Disclaimers

The Service is provided "as is" and "as available." Tomo Labs disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and accuracy of outputs.

14. Limitation of Liability

To the maximum extent permitted by law, Tomo Labs and its affiliates are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, or goodwill. Our aggregate liability for all claims relating to the Service is limited to the greater of USD $100 or the amounts you paid to Tomo Labs for the Service in the 12 months before the claim.

15. Indemnification

You will indemnify and hold harmless Tomo Labs, its affiliates, and personnel from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your content, your use of the Service, or your violation of these Terms or law.

16. Changes to the Service and Terms

We may modify or discontinue features. We may update these Terms. If changes are material, we will provide notice as required by law. Continued use after the effective date of changes constitutes acceptance.

17. Export and Sanctions

You must comply with U.S. and other applicable export and sanctions laws. You may not use the Service if you are barred from doing so under such laws.

18. Governing Law and Venue

These Terms are governed by the laws of the State of California, excluding its conflict‑of‑law rules. Courts located in San Mateo County, California have exclusive jurisdiction, and you consent to personal jurisdiction there.

19. Severability; Waiver

If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

20. Entire Agreement

These Terms constitute the entire agreement between you and Tomo Labs regarding the Service and supersede prior or contemporaneous agreements on the subject.

21. Contact

22. Minors and Safety Protocols

If Talkbook content is viewable by minors, additional protections apply:

Age Limitation and Consent: Minors cannot enter binding contracts; those under 13 may not create accounts, and users aged 13–17 may use the Service only with a parent or guardian's permission.

AI Interaction Disclosure: When minors interact with AI-generated content, Talkbook will clearly disclose that the interaction is with an AI system and remind users every few hours to take breaks.

Safety Protocols: Talkbook will implement measures to prevent the generation or display of content that is inappropriate for minors (e.g., sexually explicit material, self‑harm content) and will direct users to crisis services if needed.