These terms are between the operator of Tomtar, trading as Tomtar ("Tomtar", "we", "us"),
of available on request from hello@tomtar.ai, and you.
Tomtar is a service for building and running software assistants — we call them
agents — that carry out tasks you describe in your own words. An agent can read from
and write to accounts you connect, prepare messages, and send them once you have approved
them.
By creating an account you agree to these terms, to our Privacy Policy, and to our
Acceptable Use Policy ("AUP"). If you do not agree, do not use the service.
**If you are using Tomtar for purposes wholly or mainly outside your trade, business,
craft or profession, you are a consumer**, and §14 gives you additional rights that
override anything inconsistent elsewhere in these terms.
2.1 You must be at least 18 to hold an account.
2.2 We do not use passwords. You sign in with Google, Microsoft, Apple, Facebook, or an
email address secured by a passkey. You are responsible for keeping access to whichever
method you choose, and for anything done through your account.
2.3 You may connect more than one email address or account. You are responsible for
having the right to connect each one — in particular, do not connect a mailbox belonging
to your employer or a client without their permission.
2.4 Tell us promptly if you believe someone else has access to your account.
3.1 You decide what your agents do. You describe the outcome you want; Tomtar
designs an agent to achieve it and shows you what it will do before it runs.
3.2 New agents prepare, they do not send. Every agent begins at an approval-first
setting: it drafts messages and waits for you. It cannot send on its own until you
explicitly grant it that freedom, which you can do — and withdraw — at any time.
3.3 When you approve something, that is your act. An approved message is sent by you,
in your name, to a recipient you chose. Please read what you are approving.
3.4 We will refuse some requests. Tomtar declines to build agents for unsolicited bulk
outreach, surveillance or tracking of named individuals, sustained pressure on someone who
is not replying, impersonation, or anything else set out in the AUP. We may refuse or
withdraw a request or an agent that in our reasonable judgement falls within it. Where we
can, we will say so plainly and suggest something we can do instead.
3.5 You are responsible for the lawfulness of what you ask for. That includes having
the consent you need before contacting anyone, and complying with the rules that apply to
you — marketing and electronic communications law, professional and regulatory obligations,
and any duty of confidence you owe. **If you are contacting people in the United States by
text message, you are responsible for obtaining prior express written consent where the
TCPA requires it, and for any carrier registration your messages require.**
3.6 Agents are software, and software is imperfect. An agent may misread something,
produce an inaccurate summary, or word something badly. It has no professional judgement.
Do not use Tomtar as a substitute for legal, financial, medical, or other professional
advice, and do not let an agent give such advice to anyone else on your behalf.
4.1 When you connect an account, you give Tomtar permission to access it to the extent
needed for the agents you have built. We ask for the narrowest access that will do the job.
4.2 Access tokens are stored encrypted. You can disconnect an account at any time, which
stops any agent that depends on it.
4.3 We do not use the contents of your connected accounts to train models. See the Privacy
Policy for what we do with it and for how long.
5.1 You keep ownership of everything you put into Tomtar and everything your agents
produce for you — your agent definitions, your data, your drafts.
5.2 You grant us the licence we need to run the service: to process your content in order
to operate your agents, and to share it with the sub-processors listed in the Privacy
Policy — including the AI model provider that powers agent reasoning.
5.3 You are responsible for having the right to put that content into Tomtar in the first
place.
6.1 Tomtar is sold as a subscription. Each plan includes a number of units, which
measure how much work your agents do. If you use more than your plan includes, you can buy
additional packs.
6.2 Prices are shown before you buy. **If you are a consumer, prices are shown inclusive
of VAT.** Business customers may be shown prices exclusive of VAT, with VAT added at
checkout where it applies.
6.3 Subscriptions renew automatically at the end of each billing period at the then-current
price, unless cancelled. We will tell you in advance of any price change and you may cancel
before it takes effect.
6.4 Cancelling. You may cancel at any time from your account. Your subscription then
runs to the end of the period you have already paid for, after which it stops and your
agents stop with it. We do not give pro-rata refunds for a partly used period, and
unused units expire on cancellation. *(Consumers: see §14.2, which may give you a refund
right this clause does not.)*
`[US: Californian and certain other customers are entitled to specific renewal notices and
a cancellation method at least as simple as sign-up. Needs US counsel before US launch.]`
6.5 If payment fails we may suspend the service after telling you and giving you a
reasonable chance to fix it.
6.6 Units measure work, not time, and are not money. They have no cash value, cannot be
transferred, and are not refundable except where the law requires it.
7.1 We may offer trials or free access. Unless we say otherwise in writing, these can be
changed or withdrawn at any time and come with no service commitment.
7.2 If you are an early design partner, anything additional we have agreed with you in
writing takes precedence over these terms.
8.1 We aim to keep Tomtar available and working, but we do not promise uninterrupted
service. We may take it down for maintenance, and will give notice where we reasonably can.
8.2 Tomtar depends on third parties — your email or calendar provider, our hosting, the AI
model provider. Where one of those is unavailable, your agents may not run.
8.3 **Your agents run on a schedule you set. If Tomtar is unavailable, a scheduled run may
be missed.** Do not rely on Tomtar alone for anything where a missed run causes serious
harm — a regulatory deadline, a safety certificate, a limitation period.
9.1 For most of what you do in Tomtar you are the controller of personal data and we
are your processor. Our processing terms are set out in [the Data Processing Addendum],
which forms part of these terms.
9.2 The Privacy Policy explains what we collect about you as our customer, our sub-processors,
where data is held, and how long we keep it.
9.3 Data is held in the European Union. [Region: EU. Confirm before launch.]
9.4 Special category data. If your agents will handle health data or other special
category data — for example patient recall lists — you must tell us, and additional terms
may apply. **Tomtar is not currently able to support customers subject to HIPAA in the
United States, and you must not use it to process protected health information.**
Each of us will keep the other's confidential information confidential and use it only for
the purposes of these terms. This does not apply to information that is public through no
fault of the receiver, was already known, or must be disclosed by law.
11.1 We own Tomtar — the software, the interface, the templates, and the marks.
11.2 We grant you a non-exclusive, non-transferable right to use it while your subscription
is current.
11.3 If you give us feedback, we may use it without obligation to you.
12.1 You may close your account at any time.
12.2 We may suspend or terminate your account if you materially breach these terms or the
AUP, if we must to comply with the law, or if your use presents a risk to other people. We
will give notice and a chance to put it right where it is reasonable to do so; where the
breach involves harm to third parties, we may act immediately.
12.3 On termination your agents stop running. You may export your agent definitions and
data for 30 days, after which we delete them in line with the Privacy Policy.
*This section is subject to §14 if you are a consumer, and to §13.1 always.*
13.1 Nothing in these terms limits liability for death or personal injury caused by
negligence, fraud or fraudulent misrepresentation, or anything else that cannot lawfully be
limited.
13.2 Subject to §13.1, neither of us is liable to the other for loss of profit, loss of
business, loss of goodwill, loss of anticipated savings, or any indirect or consequential
loss.
13.3 Subject to §13.1, our total liability arising out of or in connection with these
terms is limited to the total fees you paid us in the 12 months before the claim arose.
[Confirm against your professional indemnity cover once in place.]
13.4 We are not liable for what your agents send with your approval. You choose the
recipients, you set what the agent does, and you approve what goes out. We are responsible
for Tomtar working as described; you are responsible for the content and the consequences of
messages sent from your accounts in your name.
13.5 You will indemnify us against claims brought by third parties arising from your
use of Tomtar in breach of these terms or the AUP — in particular claims about messages sent
to them from your account. *(This clause does not apply to consumers.)*
13.6 Tomtar is a tool, not a professional adviser, and its output is not advice.
This section applies only if you are using Tomtar wholly or mainly outside your trade,
business, craft or profession. **Where it conflicts with anything above, this section wins,
and nothing in these terms affects your statutory rights.**
14.1 **Digital content and services must be of satisfactory quality, fit for purpose, and as
described.** If they are not, you have rights under the Consumer Rights Act 2015 to a repair,
a replacement, or a price reduction.
14.2 Your right to change your mind. You normally have 14 days from the day you
subscribe to cancel for any reason and get a full refund, without giving a reason.
14.3 If you want to start straight away, you must ask us to begin during those 14 days
and acknowledge that you lose the right to cancel once the service is fully performed.
Where you cancel partway through, we may charge for what you have used in proportion to the
whole contract.
14.4 Cancelling later. You may cancel at any time; §6.4 applies from then on.
14.5 The limits in §13.2 and §13.3 do not apply to you to the extent they would be unfair
under the Consumer Rights Act 2015. Our liability to you is limited to loss that was
reasonably foreseeable when you subscribed. The indemnity in §13.5 does not apply to you.
14.6 Nothing in these terms requires you to bring a claim anywhere other than the courts of
the country where you live within the UK.
15.1 We may change these terms — for example when the service changes or the law does.
15.2 We will give you at least 30 days' notice of any material change by email. If you
do not accept it, you may cancel before it takes effect and we will refund any period you
have paid for but not used.
16.1 Governing law. These terms are governed by the law of England and Wales.
16.2 Jurisdiction. The courts of England and Wales have exclusive jurisdiction, except
that a consumer may bring proceedings in their own country's courts (§14.6).
16.3 Entire agreement. These terms, the AUP, the Privacy Policy and [the DPA] are the
whole agreement between us.
16.4 Severability. If part of these terms is unenforceable, the rest continues.
16.5 No waiver. Not enforcing something now does not stop us enforcing it later.
16.6 Assignment. You may not transfer your rights without our consent. We may transfer
ours to a group company or in connection with a sale of the business.
16.7 Third parties. Nobody other than you and us has rights under these terms.
16.8 Contact. hello@tomtar.ai.
*Draft prepared 5 August 2026. Decisions recorded: UK limited company under England & Wales
law; cancel anytime with no pro-rata refund; the customer approves and is responsible for
what goes out in their name.*