Terms Of Service

1. Introduction

Welcome to Toya. These Terms of Service ("Terms") govern your access to and use of the Toya mobile application and website located at usetoya.com (collectively, the "Service"), operated by Keberos, Inc ("Keberos," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms, along with our Privacy Policy and any other policies or guidelines we may publish. If you disagree with any part of these Terms, you may not access the Service.

2. Eligibility

To use Toya, you must:

• Be at least eighteen (18) years of age.
• Be a resident of the United States.
• Have at least one valid credit card or loan account that you wish to manage.
• Have the legal capacity to enter into a binding agreement.
• Provide accurate and complete information during the registration process.

By creating an account, you represent and warrant that you meet all of the above eligibility requirements. We reserve the right to verify your eligibility at any time and to refuse or terminate your account if you do not meet these requirements.

3. Services Provided

Toya provides financial tracking and debt management tools, including but not limited to:

• Linking credit cards and loan accounts via our secure banking partners to aggregate your financial data.
• Viewing and tracking balances, APRs, credit utilization, and payment due dates in one dashboard.
• AI-driven debt payoff plans and strategies tailored to your financial situation.
• Payment reminders and financial insights.
• Credit score monitoring and optimization recommendations.

Important: Toya is not a financial advisor, lender, or credit counseling service. Our AI-generated recommendations are informational suggestions only and should not be considered professional financial advice. Always consult a qualified financial professional before making major financial decisions.

4. Subscription Plans And Pricing

Toya offers various subscription plans as described on our website and within the app. The specific features, pricing, and duration of each plan will be displayed at the time of purchase. By subscribing, you agree to pay the applicable subscription fees.

Free Tier: Toya may offer a free tier with limited features. We reserve the right to modify, limit, or discontinue the free tier at any time without prior notice.

Promotional Offers: From time to time, we may offer promotional pricing or special offers to new or existing subscribers. Promotional offers are subject to specific terms and conditions, which will be disclosed at the time of the offer. Unless otherwise stated, promotional pricing applies only to the initial subscription period, and your subscription will renew at the then-current standard rate thereafter. Promotional offers may be limited to one per customer or household and may not be combined with other offers or referral programs unless expressly permitted.

5. Payment And Billing

When you subscribe to our Services, you authorize us to charge your designated payment method for the subscription fees applicable to your chosen plan. Payment is due at the time of sign-up and at the beginning of each renewal period.

You are responsible for keeping your payment information current and accurate. If we are unable to process your payment, we may suspend or terminate your access to the Services until payment is received.

6. Automatic Renewal And Cancellation

Automatic Renewal: Your subscription will automatically renew at the end of each subscription period (monthly or annually, depending on your plan) unless you cancel before your renewal date. Upon renewal, your payment method will be charged the then-current subscription rate.

How to Cancel: You may cancel your subscription at any time through your account settings within the app or by contacting our support team at support@usetoya.com. Cancellation will take effect at the end of your current billing period, and you will retain access to the Services until that time.

Refunds: Unless otherwise required by applicable law or stated in a specific promotional offer, subscription fees are non-refundable. We do not provide refunds or credits for partial subscription periods.

7. Changes To Services And Pricing

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We also reserve the right to change our subscription pricing. If we change the price of your subscription, we will notify you in advance, and the new pricing will apply to your next renewal period. Your continued subscription after a price change constitutes your acceptance of the new pricing.

8. User Accounts And Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration.
• Update your information promptly to keep it accurate and current.
• Notify us immediately of any unauthorized access to or use of your account.
• Not share, transfer, or sell your account credentials or subscription to any third party.

You are solely responsible for all activity that occurs under your account. Keberos is not responsible for any loss or damage arising from your failure to maintain the security of your account.

9. Third-Party Services

Toya integrates with third-party services, including Plaid, to access your financial account information. By using Toya, you acknowledge and agree that:

• Your use of Plaid is subject to Plaid's own terms of service and privacy policy.
• Keberos is not responsible for the actions, content, or data processing practices of Plaid or any other third-party service.
• You grant Toya permission to access and retrieve your financial account information through Plaid on a read-only basis.

10. User Conduct And Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service.
• Use the Service to transmit any malicious software, viruses, or harmful code.
• Engage in any activity that interferes with or disrupts the Service or the servers and networks that host the Service.
• Use automated means (bots, scrapers, etc.) to access the Service without our express written permission.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Use another user's account without authorization.

11. Account Termination

Keberos reserves the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms.
• Fraudulent, abusive, or illegal activity.
• Conduct that is harmful to other users or to Keberos.

You may also delete your account at any time from within the app. Upon termination, your right to use the Service will immediately cease, and we may delete your account data in accordance with our Privacy Policy.

12. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Keberos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without the prior written consent of Keberos.

13. User-Submitted Content

If you submit feedback, suggestions, ideas, or other content to Keberos ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, and distribute such User Content for any purpose. You represent that you have the right to grant this license and that your User Content does not violate the rights of any third party.

14. Disclaimer Of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KEBEROS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KEBEROS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We are not responsible for any decisions you make based on information or tools provided through the Service. The Service is for informational and educational purposes and does not constitute financial, legal, tax, or investment advice.

15. Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KEBEROS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL KEBEROS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID KEBEROS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Indemnification

You agree to indemnify, defend, and hold harmless Keberos, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Any financial decisions you make based on information provided through the Service.

17. Dispute Resolution

Binding Arbitration: If we are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration may be conducted in person, through the submission of documents, by phone, or online.

Restrictions: The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions: The following disputes are not subject to binding arbitration: (a) any disputes seeking to enforce or protect intellectual property rights; (b) any dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

19. Modifications To Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

20. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Keberos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

21. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, available at usetoya.com/privacy. By subscribing to our Services, you consent to the collection and use of your information in accordance with our Privacy Policy.

22. Force Majeure

Keberos shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, epidemics, pandemics, power outages, internet disruptions, government actions, or labor disputes.

23. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Keberos regarding your use of the Service.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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

24. Contact Information

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