Terms of Service

These Terms of Service govern your access to and use of totomoko.com and its content. Please read them carefully. They do not govern paid work: every engagement is governed by a separate signed agreement, and where that agreement and these Terms conflict, the signed agreement prevails.

1. Definitions and interpretation

1.1 Totomoko

“Totomoko”, “we”, “us” and “our” mean Hyper Viral LLC, a limited liability company formed under the laws of the State of Wyoming, United States, trading as Totomoko.

1.2 Site

“Site” means the website at totomoko.com, including every page, subdomain, feed, file, and download served from it.

1.3 Content

“Content” means all material on the Site: text, articles, images, graphics, code samples, calculators, worked examples, audio, video, structured data, software, and the selection and arrangement of all of them.

1.4 You

“You” and “your” mean the person accessing the Site and, where that person acts on behalf of an organization, that organization as well.

1.5 Engagement

“Engagement” means paid services performed by Totomoko under a signed agreement, such as a master services agreement, statement of work, or order form.

1.6 Brand Assets

“Brand Assets” means the Totomoko name, wordmark, mark, lockups, and the files distributed on the Media Kit page.

1.7 Submissions

“Submissions” means anything you send to us through or in connection with the Site, including email, booking notes, newsletter sign-ups, and feedback.

1.8 Interpretation

Headings are for convenience only. “Including” means “including without limitation”. References to Articles and Clauses are to those of these Terms. Where these Terms are translated, the English version prevails.

2. Agreement to these Terms

2.1 Acceptance

By accessing or using the Site you agree to be bound by these Terms and by the Privacy Notice and Cookies Notice, which are incorporated by reference. If you do not agree, you must not use the Site.

2.2 Authority

If you use the Site on behalf of an organization, you represent that you have authority to bind it to these Terms.

2.3 Age

The Site is intended for people acting in a business or professional capacity. You must be at least 18 years old, or the age of majority where you live if higher, to use it.

2.4 Sanctions and export control

You may not use the Site if you are, or act on behalf of anyone who is, subject to sanctions administered by the United States, the United Kingdom, the European Union, or the United Nations, or located in a country or territory subject to comprehensive sanctions.

2.5 No accounts

The Site does not offer user accounts. Nothing in these Terms creates an account relationship, and you have no obligation to register.

3. Nature of the Site

3.1 Information only

The Site describes what Totomoko does and provides ways to contact us. It is provided for general information only.

3.2 No offer

Nothing on the Site is an offer capable of acceptance, a quotation, or a commitment to provide services. Engagements are formed only by a signed agreement.

3.3 No professional advice

Content is not legal, financial, tax, accounting, medical, security, or other professional advice, and does not create an adviser–client, fiduciary, or confidential relationship. Obtain independent advice before acting on anything you read on the Site.

3.4 Illustrations and calculators

Figures, worked examples, and calculators on the Site, including estimates of time or money saved, illustrate a method using stated assumptions. They are not forecasts, benchmarks, guarantees, or representations about results you will obtain.

3.5 Availability of services

Descriptions of services are general. Whether a service is available to you, and on what terms, is determined only in a signed agreement.

3.6 Changes to the Site

We may change, suspend, or withdraw any part of the Site at any time without notice and without liability to you.

4. Contact, booking, and Submissions

4.1 First conversation

You may contact us by email or book a first conversation through a link on the Site. A first conversation is free, exploratory, and creates no obligation on either side.

4.2 Third-party scheduling

Booking is handled by Cal.com, Inc. on its own site. When you book, you leave the Site, and Cal.com’s terms and privacy policy apply to what you enter there. What we receive from a booking is described in the Privacy Notice.

4.3 No confidential Submissions

Do not send us confidential or proprietary information before a non-disclosure agreement or engagement agreement is in place. Submissions are treated as non-confidential and non-proprietary, except that personal data is always handled as the Privacy Notice describes.

4.4 License to Submissions

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and store Submissions for the purpose of responding to you, evaluating a possible Engagement, and improving the Site and our services. You represent that you have the right to grant that license and that Submissions do not infringe any third party’s rights.

4.5 Newsletter

Where the Site offers a newsletter, subscribing is voluntary. Each issue contains an unsubscribe link, and you may unsubscribe at any time by using it or by writing to the address in Article 20.

4.6 Electronic communications

By contacting us through the Site you agree that we may communicate with you electronically, and that notices, disclosures, and other communications we send by email satisfy any legal requirement that they be in writing.

5. Intellectual property

5.1 Ownership

The Site and the Content are owned by Totomoko or its licensors and are protected by copyright, trademark, database, and other intellectual property laws of the United States and other countries. All rights not expressly granted in these Terms are reserved.

5.2 License to use the Site

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site and to view, download, and print Content for your own internal reference, provided you keep all copyright and proprietary notices intact.

5.3 Sharing and quotation

You may link to any page of the Site and quote short extracts of Content for commentary, review, or reference, with attribution to Totomoko and a link to the source page. This does not permit reproduction of substantial parts of any article or page.

5.4 Restrictions

Except as permitted by Clauses 5.2 and 5.3 or by applicable law, you may not reproduce, distribute, modify, adapt, translate, publicly display, perform, transmit, sell, license, create derivative works from, or otherwise exploit the Content, or remove or alter any proprietary notice on it, without our prior written consent.

5.5 Trademarks

“Totomoko”, the Totomoko mark and wordmark, and the Brand Assets are trademarks of Totomoko. Their use is governed by the Brand Guidelines, which take precedence over this Article for any use of the Brand Assets. No other license to use our trademarks is granted. Other names and marks on the Site, including those of Cal.com, Anthropic, OpenAI, and Perplexity, belong to their respective owners and are used for identification only.

5.6 Open-source software

Software published under Totomoko’s GitHub organization is licensed under the license stated in each repository. That license, not these Terms, governs your use of that software.

5.7 Feedback

If you send us suggestions, ideas, or feedback about the Site or our services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them for any purpose without obligation or attribution to you.

5.8 Engagement deliverables

Ownership of, and rights in, deliverables produced in an Engagement are governed solely by that Engagement’s signed agreement. Nothing on the Site assigns or licenses any deliverable.

5.9 Copyright complaints

If you believe Content infringes your copyright, send a notice to legal@totomoko.com containing: your contact details; identification of the work claimed to be infringed; identification and location of the material claimed to be infringing; a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We will respond to notices that meet the requirements of the Digital Millennium Copyright Act and equivalent laws.

6. Acceptable use

6.1 Lawful use

You may use the Site only for lawful purposes and in accordance with these Terms.

6.2 Prohibited conduct

You must not:

• use the Site in any way that breaches applicable law or regulation, or that infringes or misappropriates the rights of any person;
• attempt to gain unauthorized access to the Site, the systems or networks serving it, or any data not intended for you, or probe, scan, or test their vulnerability except as permitted by the Security and Compliance page;
• introduce viruses, malware, or any other harmful or disruptive code;
• interfere with or disrupt the Site, the servers or networks connected to it, or any other person’s use of it, including by imposing an unreasonable load;
• access the Site by automated means in breach of the robots.txt file, or at a rate or in a manner that impairs it;
• frame, mirror, or embed any part of the Site without our written consent;
• misrepresent your identity, affiliation, or relationship with Totomoko, or imply an endorsement that has not been given in writing;
• use the Site to send unsolicited communications, or to collect or harvest contact details or personal data;
• remove, obscure, or alter any copyright, trademark, or other proprietary notice on the Content.

6.3 Automated access and AI crawlers

Automated access, including by search-engine and AI crawlers, is permitted to the extent stated in the Site’s robots.txt file, which we may change at any time. This permission does not enlarge the license in Article 5.

6.4 Suspension and enforcement

We may investigate suspected breaches of this Article, suspend or block access to the Site by anyone who breaches it, and report unlawful activity to law-enforcement authorities, in each case without notice and without liability.

7. AI-assisted content

7.1 Disclosure

Some Content is produced or edited with the assistance of artificial-intelligence tools and reviewed by a person at Totomoko before publication.

7.2 Nature of AI output

AI-generated material can contain errors, omissions, out-of-date information, or statements that appear authoritative but are wrong. Independently verify Content before relying on it.

7.3 No uniqueness

Similar prompts produce similar outputs across users of comparable tools. We do not warrant that any Content is unique or original to you.

7.4 Engagements

How AI is used in paid work, which providers process which data, and the human review that applies are set out in the Responsible AI statement, the Security and Compliance page, and the signed agreement for each Engagement.

8. Third-party links and services

8.1 Links

The Site links to third-party websites and services, including scheduling, social-media platforms, code hosting, and AI assistants. Links are provided for convenience only. We do not control those sites, are not responsible for their content, availability, terms, or privacy practices, and are not liable for any loss arising from your use of them.

8.2 No endorsement

A link does not imply endorsement by Totomoko of the linked site, or of Totomoko by its operator.

8.3 Third-party AI assistants

Buttons on the Site that open a third-party AI assistant with a pre-filled question send that question to the assistant’s operator under its own terms. Answers the assistant generates are its operator’s, not ours, and Clauses 7.2 and 7.3 apply to them.

8.4 Social media

Our presence on social-media platforms is governed by each platform’s terms as well as these Terms. We are not responsible for content posted by others on those platforms.

9. Privacy and cookies

9.1 Privacy Notice

Our collection and use of personal data through the Site is described in the Privacy Notice, which forms part of these Terms.

9.2 Cookies Notice

What the Site stores in your browser is described in the Cookies Notice, which forms part of these Terms. Analytics cookies are set only if you accept them; Cloudflare's cookieless usage stats need no consent.

9.3 Trust Center

These Terms, the Privacy Notice, the Cookies Notice, the Security and Compliance page, the Responsible AI statement, and the Brand Guidelines are collected in the Trust Center.

10. Disclaimer of warranties

10.1 As is, as available

The Site and the Content are provided “as is” and “as available”, without warranty or condition of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, or arising from course of dealing or usage of trade.

10.2 No warranty of accuracy, availability, or security

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Site or its servers are free of viruses or other harmful components; or that the Content is accurate, complete, reliable, or current.

10.3 Your responsibility

You are responsible for implementing sufficient procedures and safeguards to satisfy your own requirements for accuracy of data and for protection against viruses and other harmful code.

10.4 Statutory rights

Some jurisdictions do not permit the exclusion of certain warranties or conditions. To that extent, the exclusions in this Article apply only as far as the law allows, and nothing in these Terms affects rights you have as a consumer that cannot be excluded.

11. Limitation of liability

11.1 Exclusion of indirect and consequential loss

To the fullest extent permitted by law, Totomoko and its members, managers, officers, employees, contractors, licensors, and agents (the “Totomoko Parties”) are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, contracts, goodwill, reputation, data, or anticipated savings, or for the cost of substitute services, arising out of or in connection with the Site, the Content, or a first conversation, however caused and under any theory of liability, even if advised of the possibility of such damages.

11.2 Cap

To the fullest extent permitted by law, the total aggregate liability of the Totomoko Parties arising out of or in connection with the Site, the Content, or a first conversation, under any theory of liability, is limited to one hundred United States dollars (US$100). Liability arising in an Engagement is governed exclusively by that Engagement’s signed agreement.

11.3 Reliance on AI output

Without limiting Clauses 11.1 and 11.2, the Totomoko Parties are not liable for loss arising from your reliance on AI-assisted Content that you did not independently verify, or from the acts, omissions, or outages of any third-party AI provider or other third-party service.

11.4 What is not excluded

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be excluded or limited by applicable law.

11.5 Basis of the bargain

You acknowledge that the Site is provided free of charge and that the exclusions and limitations in Articles 10 and 11 are a reasonable allocation of risk on that basis and form an essential part of these Terms.

12. Indemnity

12.1 Your indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Totomoko Parties from and against any claim, demand, loss, liability, damage, cost, and expense, including reasonable legal fees, arising out of or relating to your use of the Site, your Submissions, your breach of these Terms, your breach of applicable law, or your infringement of any third party’s rights.

12.2 Conduct of claims

We will notify you promptly of any claim to which this Article applies, may participate in its defense with counsel of our choosing at your expense, and will not settle it without your consent, which you will not unreasonably withhold.

13. Termination

13.1 By you

You may stop using the Site at any time.

13.2 By us

We may terminate or suspend your access to the Site at any time, with or without cause, and without notice or liability.

13.3 Effect and survival

On termination, the license in Clause 5.2 ends. Articles 1, 5, 7, 8, 10, 11, 12, 15, 16, 17, 18, and 19, Clause 4.4, and any other provision that by its nature should survive, survive termination.

13.4 Engagements unaffected

Termination of access to the Site has no effect on any Engagement, which ends only in accordance with its own agreement.

14. Changes to these Terms

14.1 Right to change

We may revise these Terms at any time by posting the revised version on the Site and updating the date at the top of this page.

14.2 Effect

Revised Terms apply from the date posted. Your continued use of the Site after that date constitutes acceptance of the revised Terms. If you do not agree, stop using the Site. Material changes to an Engagement are made in that Engagement’s agreement, not here.

15. Governing law

15.1 Wyoming law

These Terms, and any dispute or claim arising out of or in connection with them, the Site, or the Content, including non-contractual disputes or claims, are governed by the laws of the State of Wyoming and the federal laws of the United States applicable therein, without regard to conflict-of-laws rules that would apply another law.

15.2 Consumers

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer-protection law applies to you, nothing in Articles 15 and 16 deprives you of the protection of that law or of your right to bring proceedings in the courts of your home country.

15.3 International use

The Site is controlled and operated from the United States. We make no representation that the Content is appropriate or available for use in other locations. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

16. Dispute resolution

16.1 Informal resolution

Before starting any proceedings, the party raising a dispute will write to the other describing it, and both parties will attempt in good faith to resolve it within thirty (30) days of that notice. Our address for this purpose is in Article 20.

16.2 Jurisdiction

Subject to Clause 15.2, the state and federal courts located in the State of Wyoming have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms, the Site, or the Content. Each party submits to that jurisdiction, and nothing in this Clause prevents either party from bringing proceedings in any other court of competent jurisdiction.

16.3 Equitable relief

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16.4 Class-action and jury waiver

To the fullest extent permitted by law, each party agrees that any proceedings will be conducted on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action, and each party waives any right to trial by jury.

16.5 Time limit

To the fullest extent permitted by law, any claim arising out of or in connection with the Site must be brought within one (1) year after the cause of action arises, or it is permanently barred.

17. Notices

17.1 To Totomoko

Notices to Totomoko under these Terms must be sent by email to legal@totomoko.com and are effective when received.

17.2 To you

We may give notice to you by email to any address you have provided to us, or by posting on the Site. Notice by email is effective when sent; notice by posting is effective when posted.

18. General

18.1 Entire agreement

These Terms, together with the Privacy Notice, the Cookies Notice, and the Brand Guidelines, constitute the entire agreement between you and Totomoko regarding the Site and supersede all prior or contemporaneous understandings on that subject.

18.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full force.

18.3 No waiver

Our failure or delay in enforcing any provision is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if in writing and signed by us.

18.4 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under them without our prior written consent, and any attempt to do so is void. We may assign these Terms without restriction, including to a successor or affiliate.

18.5 No third-party beneficiaries

Except for the Totomoko Parties, who may enforce Articles 11 and 12, these Terms confer no rights on any third party.

18.6 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Totomoko.

18.7 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, epidemic, failure of the internet or telecommunications, or outages of hosting, network, or third-party AI providers.

18.8 Language

These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in the event of conflict.

19. Notices required by law

19.1 California residents

Under California Civil Code Section 1789.3, California residents are entitled to the following notice: the Site is operated by Hyper Viral LLC, trading as Totomoko. Complaints about the Site or requests for further information may be sent to legal@totomoko.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Contact

20.1 Legal notices

Notices and questions about these Terms: legal@totomoko.com.

20.2 Other matters

Privacy: privacy@totomoko.com. Security: security@totomoko.com. Press: press@totomoko.com. General inquiries: hello@totomoko.com.

20.3 Operator

Hyper Viral LLC, trading as Totomoko, a Wyoming limited liability company. Totomoko operates remotely; correspondence is by email at the addresses above.