Terms of Service

1. Acceptance of Terms

By signing up for an account, purchasing credit packs, accessing the Tomio dashboard, or integrating the Tomio REST APIs, you (“Customer” or “You”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy.

These Terms constitute a legally binding contract between Customer and Tomio Technologies Inc. (“Tomio”, “we”, or “us”).

2. WhatsApp Business Policy Compliance & Acceptable Use

Tomio operates exclusively on the official WhatsApp Business Platform as an authorized Meta solution provider. You acknowledge and agree that your use of the platform is strictly subject to the following rules:

• Meta Policy Adherence: You must strictly abide by Meta's WhatsApp Business Messaging Policy and WhatsApp Commerce Policy. Any violation of these policies (including sending unconsented bulk spam or trading prohibited goods) will result in immediate suspension of your workspace.
• Prior User Consent: You represent and warrant that you have obtained explicit, verifiable opt-in consent from every recipient before sending marketing broadcasts or notifications.
• 24-Hour Customer Service Window: You agree to respect Meta's 24-hour service window rules. Free-form messaging outside the window is strictly prohibited by Meta and will be blocked by our system.
• No Unofficial Gateways: You shall not reverse-engineer, decompile, or intercept any Meta Graph API traffic routed through Tomio.

3. Two-Party Billing Model & Credit Ledger

Tomio operates as an authorized Meta Tech Provider under a two-party billing model:

• Meta WhatsApp Message Charges: Meta bills you directly for your WhatsApp message and conversation usage through your connected WhatsApp Business Account (WABA) payment method at Meta’s applicable rates (subject to Meta’s free tier allowances and regional rates). Tomio does not pay, collect, or invoice Meta charges.
• Tomio Subscription & Usage Credits: Tomio bills you for your workspace software subscription tier and Tomio usage credits. Tomio credits represent platform usage fees only (such as OTP API dispatch processing, campaign scheduling, and bot flow execution) and never cover or include Meta message charges.
• Two-Phase Credit Reservation: Sending an API request with a valid Idempotency-Key places a temporary reservation hold on Tomio credits. If Meta confirms queueing or dispatch, the deduction is settled; if Meta rejects the send, reserved credits are automatically restored to your available balance.
• Credit Renewal & Rollover: Subscriptions renew their included monthly Tomio usage credits at the start of each billing cycle. Unused credits roll over and accumulate in your active workspace balance — fresh cycle credits are added to your existing balance without expiration while your subscription is in good standing.

4. Platform Availability & Service Performance

Tomio utilizes high-availability regional edge architecture and automated queue retries. However, Tomio does not provide contractual uptime or delivery guarantees unless explicitly executed under a separate enterprise agreement approved in writing. Operational throughput and delivery times are subject to Meta Cloud API performance, recipient carrier routing, and mobile device connectivity.

5. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Tomio Technologies Inc., its officers, directors, employees, or suppliers be liable for any indirect, incidental, punitive, or consequential damages (including loss of profits, data, or business reputation) arising out of or in connection with the use of the platform.

Tomio's total aggregate liability under any contract, tort, or statutory claim shall not exceed the amount actually paid by Customer to Tomio in the three (3) months preceding the event giving rise to liability.

6. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted in the competent courts of jurisdiction.

7. Contact Information

If you have any questions or formal legal notices regarding these Terms, please reach out to our legal department at: