Tomi · Terms of Service

Effective date: 2026-06-09

These Terms of Service ("Terms") govern your access to and use of Tomi (the "Service"), provided by Kyle Speare, a sole proprietor doing business as Tomi ("Tomi," "we," "us," or "our"). By creating an account, accessing the Service, or otherwise indicating your acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms are written for a closed beta of the Service. Closed-beta-specific terms appear in § 3.

Canonical source. This document is mirrored at /legal/terms for reading in the app. The Markdown file at docs/TERMS.md is the authoritative text. Keep the route content in sync with this file when editing.

1. Eligibility

You may use the Service only if all of the following are true:

• You are at least 18 years old.
• You are a resident of the United States.
• You have the legal capacity to enter into a binding contract.
• You are not barred from using the Service under the laws of the United States or your state of residence.
• You are not a person or entity with whom transactions are prohibited under applicable sanctions law.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers both to you individually and to that organization.

2. Account creation

To use the Service you must create an account through our identity provider. You agree to:

• Provide accurate and complete information when creating your account.
• Keep your account information current.
• Keep your authentication credentials secure and not share them with anyone.
• Notify us promptly if you suspect unauthorized access to your account.

You are responsible for all activity that occurs under your account.

3. Closed beta

The Service is currently in closed beta. By accepting an invitation and using the Service during the beta period you acknowledge that:

• The Service is preview-quality software. Features may change, be added, or be removed at any time without notice.
• The Service may contain defects. We test extensively but cannot guarantee a bug-free experience.
• We may need to migrate, reset, or delete data during the beta period. We will make commercially reasonable efforts to preserve your data, but we cannot guarantee preservation across major changes.
• Some functionality described in our marketing or documentation may not yet be available.
• We may use observations of your use of the Service to improve it. We will not use your data for any other purpose, and we will not share it except as described in our Privacy Policy.

If we end the beta or change the commercial terms (for example, by introducing paid plans), we will notify you with reasonable advance notice and give you the option to discontinue use, export your data, and delete your account.

4. The Service: what it is, and what it is not

4.1 What the Service is

Tomi is a read-only personal finance application. It connects to your bank accounts through Plaid Inc. ("Plaid") with your authorization and displays your accounts, transactions, balances, and derived insights to you in one place.

4.2 What the Service is not

The Service is not:

• A financial institution. Tomi is not a bank, credit union, broker-dealer, investment adviser, lender, or money transmitter. We do not hold your funds; we do not move money; we do not extend credit; we do not issue cards.
• Financial, investment, tax, legal, or accounting advice. The information Tomi presents — including categorizations, budgets, totals, and any insight or recommendation surfaced in the application — is for informational purposes only. It is not personalized advice and is not a substitute for the advice of a qualified professional. You should not make a financial decision based solely on what the Service shows you.
• A source of truth for your accounts. Your bank is the source of truth for your account balances and transactions. Tomi displays a derived view based on what Plaid returns to us. If you see a discrepancy between Tomi and your bank's official statements or online banking, your bank's records control.
• A guarantee of availability. We make commercially reasonable efforts to keep the Service available, but we do not commit to a service level during the beta period.

4.3 Permitted uses

You may use the Service to view, categorize, budget against, and export your own financial data. You may not use the Service on behalf of another person without their authorization, and you may not use the Service to view financial data that does not belong to you.

5. Bank connections (Plaid)

To use the Service you must connect at least one bank account. When you connect an account:

• You authorize Plaid to access your account on your behalf, subject to Plaid's own end-user policies.
• You authorize Tomi to receive your accounts and transactions through Plaid for as long as the connection remains active.
• You grant Tomi a license to use that data solely to operate the Service for you and to perform the activities described in our Privacy Policy.
• You acknowledge that you can revoke the connection at any time at /dashboard/settings (this also instructs Plaid to remove the connection).

We comply with Plaid's End User Privacy Policy in addition to our own; if there is a conflict for purposes of your relationship with Plaid, Plaid's terms control.

6. Acceptable use

You agree not to:

• Use the Service for any purpose that is unlawful, fraudulent, deceptive, or designed to harm us, your bank, Plaid, other users, or any third party.
• Access or attempt to access another user's account or data.
• Attempt to defeat, disable, or interfere with any security control of the Service.
• Reverse-engineer, decompile, or attempt to derive the source code of the Service except to the extent applicable law prohibits this restriction.
• Use the Service to build a competing product or to train a machine-learning model.
• Submit any malware, viruses, worms, or other malicious code.
• Engage in automated scraping, mass-export, or other activity inconsistent with the rate limits we operate.
• Misrepresent your identity or affiliation with any person or entity.
• Use the Service in any manner that violates applicable law (including sanctions law) or these Terms.

We may suspend or terminate your access for violation of this section.

7. Intellectual property

The Service, including its software, design, trademarks, and documentation, is owned by Tomi and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

You retain ownership of the data you provide to the Service (account profile, settings, custom categories, budgets, goals, transaction overrides). You grant Tomi a non-exclusive, royalty-free license to host, store, transmit, display, and process that data solely to provide the Service to you and to perform the activities described in our Privacy Policy.

Banking data sourced from your bank via Plaid remains subject to your relationship with your bank. We do not claim ownership of that data; we receive it under your authorization and use it solely as described in our Privacy Policy.

If you provide feedback or suggestions about the Service, you grant us a non-exclusive, perpetual, royalty-free license to use that feedback without restriction or obligation to you.

8. Privacy

Our handling of personal information is described in our Privacy Policy at /legal/privacy. By using the Service you acknowledge that you have read and understood the Privacy Policy.

9. Third-party services

The Service depends on third-party services, including Plaid (banking data), Clerk (identity), Supabase (database), and Vercel (hosting). Your use of those services through Tomi is governed by both these Terms and the relevant third party's own terms. We are not responsible for the practices or content of third-party services beyond what we control.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, Tomi disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, accurate, complete, or that it will produce particular outcomes. We do not warrant the accuracy or completeness of any data sourced from third parties (including Plaid and your bank).

The Service does not provide financial, investment, tax, legal, or accounting advice. Any information presented in the Service is for informational purposes only and is not a substitute for advice from a qualified professional. You make financial decisions at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply to the maximum extent permitted by law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER TOMI NOR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including damages for lost profits, lost revenue, lost data, lost goodwill, business interruption, or substitute services, arising out of or in connection with these Terms or the Service, even if Tomi has been advised of the possibility of such damages.

• TOMI'S TOTAL CUMULATIVE LIABILITY arising out of or in connection with these Terms or the Service will not exceed the greater of (a) the amount you have paid Tomi in the 12 months preceding the event giving rise to the liability or (b) one hundred U.S. dollars (US $100.00).

These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise) on which the claim is based, and apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

The disclaimers and limitations in § 10 and § 11 reflect the allocation of risk between you and Tomi and are a material basis of the bargain.

12. Indemnification

You agree to defend, indemnify, and hold harmless Tomi from and against any claim, demand, loss, or damage (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service in violation of these Terms or applicable law, (b) your violation of any third-party right, including any intellectual-property right or privacy right, or (c) any content or data you submit to the Service. We will give you notice of any claim and reasonable cooperation in the defense, and you will not settle a claim that imposes obligations on Tomi without our prior written consent.

13. Termination

13.1 By you

You may stop using the Service and delete your account at any time at /dashboard/settings. Deletion will disconnect every linked institution, delete the corresponding data, and remove your identity record, as described in our Privacy Policy.

13.2 By us

We may suspend or terminate your access to the Service, with or without notice, if (a) you violate these Terms, (b) we have a good-faith belief that your use poses a security, legal, or operational risk, (c) we are required to do so by law, or (d) we discontinue the Service. If we discontinue the Service for all users with no successor product, we will give you reasonable advance notice and a window to export your data.

13.3 Effect of termination

On termination, your right to use the Service ends. Sections that by their nature should survive — including § 7 (Intellectual property), § 10 (Disclaimers), § 11 (Limitation of liability), § 12 (Indemnification), § 14 (Dispute resolution), § 15 (Governing law), and § 16 (General) — survive.

14. Dispute resolution

14.1 Informal resolution first

If you have a concern, contact us at the email address in § 16 with a description of the issue. We will try in good faith to resolve the matter informally. Many issues can be resolved without a formal proceeding. You agree not to bring a formal dispute unless you have first given us 30 days to address your concern through this informal process.

14.2 Binding arbitration

Please read this section carefully. It affects your legal rights.

Except for the small-claims and IP-protection carve-outs in § 14.3, you and Tomi agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration rather than in court. The arbitration will be administered by a neutral arbitration provider (for example, JAMS or AAA) and will follow that provider's then-current consumer arbitration rules. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be conducted in the English language. The seat of the arbitration will be the U.S. county in which you reside, unless you and Tomi agree otherwise. If the arbitration provider's rules permit it, the arbitration may be conducted by telephone, video conference, or on the basis of written submissions.

Class-action waiver. You and Tomi agree that any Dispute will be resolved on an individual basis only. You will not bring or participate in a class action, collective action, mass action, or representative action, and the arbitrator may not consolidate the claims of multiple persons. If a court of competent jurisdiction finds this class-action waiver unenforceable, then the entirety of § 14.2 will be void, and the Dispute will be resolved in court under § 15.

14.3 Carve-outs

You may bring an individual claim against Tomi in a small-claims court of competent jurisdiction, instead of in arbitration, if the claim qualifies for that court's jurisdiction and remains in that court. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights pending resolution of any Dispute.

14.4 Right to opt out of arbitration

You have the right to opt out of the arbitration agreement in § 14.2 by sending written notice to the email address in § 16 within 30 days of first accepting these Terms. The notice must include your name, the email address associated with your account, and a clear statement that you are opting out of the arbitration agreement. Opting out will not affect any other provision of these Terms.

15. Governing law and venue

These Terms are governed by the laws of [State of Incorporation], without regard to its conflict-of-law principles, and by the United States Federal Arbitration Act for matters within its scope. For any Dispute not subject to arbitration under § 14, the exclusive venue is the state and federal courts located in [State of Incorporation], and you and Tomi consent to the personal jurisdiction of those courts.

TODO before broader launch: replace [State of Incorporation] once the operating entity is formed. Update this section and the entries in docs/COMPLIANCE.md (PRIV-02) at that time.

16. General

16.1 Notices

We may send notices to the email address associated with your account, or by posting them in the Service or on our website. You may send notices to us at:

• Email: kspeare94@gmail.com
• Subject line: prefix with [Legal] for fastest routing.

16.2 Changes to these Terms

We may revise these Terms from time to time. When we do, we will update the effective date at the top of this document. If a change is material, we will notify account-holders in-app or by email before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16.3 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, subject to the Privacy Policy commitments around change of control.

16.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable, consistent with the original intent.

16.5 No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. A waiver must be in writing to be effective.

16.6 Entire agreement

These Terms, together with the Privacy Policy and any policies we incorporate by reference, are the entire agreement between you and Tomi regarding the Service. They supersede all prior or contemporaneous communications and proposals on the subject.

16.7 Force majeure

Tomi will not be liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, civil unrest, pandemic, internet outages, third-party service failures, and governmental action.

16.8 Relationship of the parties

You and Tomi are independent parties. These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship.

16.9 Headings

Section headings are for reference only and do not affect interpretation.

17. Change log