Terms of Service

Welcome to TOCTalk! These Terms of Service ("Terms") govern your access to and use of the TOCTalk mobile application and services (collectively, the "Service"). By creating an account or using our Service, you agree to be bound by these Terms.

By accessing or using TOCTalk, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

To use TOCTalk, you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information

3.1 Account Creation: You must create an account to access most features of TOCTalk. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access

3.2 Account Responsibility: You are responsible for all activities that occur under your account. You may not share your account credentials with others.

3.3 Display Name: Your display name may be changed once after account creation. Choose carefully — further changes require contacting support and are granted at our discretion. Names remain subject to our moderation rules at all times.

4.1 Prohibited Activities: You agree NOT to:

• Post content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Post content that infringes upon intellectual property rights of others
• Engage in harassment, bullying, or intimidation of other users
• Share personally identifiable information of others without consent, except respectful, good-faith use of the memorial feature described in Section 8
• Use the Service for commercial purposes without authorization
• Attempt to gain unauthorized access to the Service or other users' accounts
• Transmit viruses, malware, or other harmful code
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers

4.2 Content Ownership: You retain ownership of content you post to TOCTalk. However, by posting content, you grant TOCTalk a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your content for the purpose of operating and improving the Service. You represent that you own or have the rights to the content you post and that it does not infringe anyone's rights or violate any law.

4.3 Content Moderation. TOCTalk reserves the right — but assumes no obligation — to review, monitor, screen, or remove any content, and to suspend or terminate accounts, at our sole discretion, with or without notice. We use automated tools and human moderators to enforce our content policies, but moderation is a good-faith effort, not a guarantee. We do not and cannot review all content, we do not guarantee that prohibited or objectionable content will be detected, prevented, or removed, and we are not responsible or liable for content that is posted, evades moderation, or is not removed. Members — not TOCTalk — are solely responsible for the content they post and for their reliance on any content on the Service.

4.4 User Content; No Responsibility. The Service hosts content created by its users. TOCTalk is a provider of an interactive computer service and is not the author, publisher, or speaker of user content, and does not adopt, endorse, verify, or guarantee the accuracy, safety, legality, or reliability of any user content. Opinions and statements posted by members are their own.

4.5 No Professional Advice. Content on TOCTalk — including posts about workplace safety, health, legal, financial, or technical matters — is shared by members for community discussion and is not professional advice. Do not rely on it as a substitute for a qualified professional or your employer's official safety procedures, policies, or training. TOCTalk is not responsible for any action you take based on content on the Service.

4.6 Feedback. If you send us ideas, suggestions, or feedback, you grant TOCTalk an unrestricted, perpetual, irrevocable, royalty-free right to use and act on it for any purpose without any obligation, credit, or compensation to you.

TOCTalk is a community of coworkers. To keep it that way, you agree to:

• Follow the law and treat others with respect
• Keep it inclusive — no harassment, hate, or intimidation
• Report inappropriate content or behavior
• Respect the privacy of other members

Anonymity is welcome when you'd rather not use your name, but it is not a shield for breaking the law or these Terms.

TOCTalk only connects people. Everything that happens between members — online or in person — is between them, not us. We do not vet, verify, screen, endorse, inspect, or supervise members, their listings, their goods, their events, their food, or their conduct, and we are not a party to any transaction, meeting, or event that members arrange. You interact with other members entirely at your own risk.

6.1 Marketplace Listings: When using the marketplace feature:

• You are solely responsible for the accuracy, legality, safety, and quality of your listings and anything you buy or sell
• TOCTalk is not a party to, and has no responsibility for, transactions between users — including payment, pricing, condition, authenticity, fitness, shipping, delivery, returns, or disputes
• We do not verify the identity of buyers or sellers, inspect any item, or guarantee that any listing, item, or member is genuine, safe, legal, or as described
• You must comply with all applicable laws regarding sales, and you are responsible for any taxes, permits, or licenses your transaction requires

6.2 Events: Event organizers — not TOCTalk — are solely responsible for the accuracy of event information; compliance with workplace policies, venue rules, permits, food-safety and health regulations, and local laws; and the safety, supervision, and conduct of everyone at the event. TOCTalk does not organize, host, sponsor, staff, insure, or supervise any event listed on the Service.

6.3 Food, consumables, and goods. Cookouts, fundraisers, bake sales, and food sales are organized by members, not by TOCTalk. We do not prepare, handle, inspect, or guarantee the safety of any food, drink, or other item offered, sold, or shared through the Service, and we are not responsible for allergens, contamination, illness, injury, or any harm resulting from consuming or using them.

6.4 Assumption of risk and release for in-person interactions. Meeting other members, attending events, and buying, selling, exchanging, or consuming goods carry inherent risks — including personal injury, illness, property damage, theft, fraud, and death. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS. To the maximum extent permitted by law, you release, waive, and discharge TOCTalk and its owner, officers, employees, and agents from any and all claims, demands, damages, injuries, losses, and liabilities of any kind arising out of or related to any in-person meeting, event, transaction, item, food, or interaction with another member, whether arranged through the Service or not. You are responsible for taking your own precautions — meeting in safe, public places, verifying who you are dealing with, and using your own judgment.

TOCTalk awards reputation points for community activity — posting, commenting, voting, RSVPs, daily check-ins, daily challenges, and inviting coworkers. Points have no cash value, are not redeemable or transferable, and may be adjusted or reset if earned through manipulation or abuse.

TOCTalk runs optional monthly giveaways with prizes for top leaderboard ranks. Giveaways are governed by the Official Giveaway Rules. No purchase or payment is ever necessary (or possible) to participate; giveaways are void where prohibited. Apple is not a sponsor of, and is not involved in, any TOCTalk giveaway.

Our memorial feature lets members share an obituary for a coworker who has passed away, including their name, photo, and service details. The prohibition in Section 4.1 on sharing others' personal information does not apply to respectful, good-faith memorial posts made through this feature. If you post a memorial, you are responsible for its accuracy and appropriateness. Family members or representatives of the deceased may request edits or removal at any time via support@toctalk.app, and we will honor those requests promptly.

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

10.1 Our property. The TOCTalk Service, including its design, logos, trademarks, and software, is owned by TOCTalk and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

10.2 Copyright complaints (DMCA). TOCTalk respects intellectual property rights and responds to notices of alleged infringement under the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, email support@toctalk.app with the subject line “DMCA Notice” and include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and enough detail for us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act on the owner's behalf. We may remove allegedly infringing content and terminate repeat infringers' accounts.

TOCTalk uses artificial intelligence for content moderation: text and images are reviewed automatically before they are posted. By using the Service, you consent to this AI processing of your content, subject to our Privacy Policy. Moderation AI cannot be disabled, because it protects everyone in the community.

Automated moderation is a safeguard, not a guarantee. Like any automated system it is not perfect and may allow some prohibited content through or flag acceptable content. TOCTalk does not warrant that AI moderation will detect or block all objectionable content, and is not liable for content that evades it. This does not limit our commitment to child safety described in our Child Safety Standards.

12.1 By You: You may terminate your account at any time through the app settings.

12.2 By TOCTalk: We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Pose a risk to other users or the Service
• Remain inactive for an extended period

12.3 Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. We may retain certain information as required by law or for legitimate business purposes.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TOCTalk does not guarantee that the Service will be uninterrupted, secure, timely, or error-free, that defects will be corrected, that it is free of viruses or harmful components, or that any content is accurate, safe, lawful, or reliable. We are not responsible for user-generated content, for the conduct of any user, for any third-party content, websites, or services linked from the Service, or for any interaction, transaction, event, meeting, item, or food arranged through or arising from the Service. You use the Service and rely on any content at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOCTALK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or the like that may be transmitted to or through the Service by any third party
• Any user content or interactions between users
• Any goods, food, items, events, meetings, or transactions arranged through or arising from the Service
• The conduct of any other user, whether online or in person

Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TOCTALK AND ITS OWNER, OFFICERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). TOCTalk is a free service; you acknowledge that this limitation is reasonable and reflects the allocation of risk between us.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify, defend, and hold harmless TOCTalk and its owner, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your content; (c) your violation of these Terms or any law; or (d) your interactions, transactions, events, or disputes with any other user or third party, whether online or in person.

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the app or via email. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

17.1 Informal resolution first. If you have a dispute with TOCTalk, please email support@toctalk.app first. Most concerns can be resolved quickly and informally, and we ask that you give us 30 days to try before starting a formal proceeding.

17.2 Binding arbitration. If we can't resolve a dispute informally, you and TOCTalk agree that it will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring a claim in small-claims court if it qualifies. Arbitration will be conducted by a recognized arbitration provider under its consumer rules, in the English language.

17.3 Class action waiver. You and TOCTalk agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

17.4 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@toctalk.app with the subject line "Arbitration Opt-Out" and your username. Opting out will not affect any other part of these Terms.

17.5 Governing law. These Terms are governed by the laws of the United States and the state in which TOCTalk is established, without regard to conflict-of-law principles. Nothing in this section limits rights you may have that cannot be waived under applicable law.

18.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and TOCTalk.

18.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

18.3 No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5 Time limit on claims. To the extent permitted by law, any claim arising out of or related to the Service or these Terms must be filed within one (1) year after it arose, or it is permanently barred.

18.6 Force majeure. TOCTalk is not liable for any failure or delay caused by events beyond our reasonable control, including outages, provider failures, natural disasters, or government action.

18.7 Survival. Sections that by their nature should survive termination — including content licenses, disclaimers, limitation of liability, indemnification, releases, dispute resolution, and these general provisions — survive termination of your account or these Terms.

18.8 Export and sanctions. You represent that you are not located in, and will not use the Service in, any country or by any person subject to U.S. embargoes or sanctions.

If you have questions about these Terms, please contact us at:

Email: support@toctalk.app
Website: https://toctalk.app