Terms of Service
Last updated: July 23, 2026 · Effective immediately
1. Who we are
TalkToTom ("TalkToTom", "we", "us", "our") is a United States-based AI platform operated by TalkToTom Inc., a Delaware corporation (S-Corp for federal tax purposes). Our services include the marketing website at talktotom.ai, and any related applications, APIs, voice agents, SMS interfaces, email systems, or software we make available to you (collectively, the "Service").
These Terms of Service ("Terms") govern your access to and use of the Service. By using the Service, you agree to be bound by these Terms.
2. Your account, eligibility & US-only
2.1 US-only Service
The Service is designed for, and offered exclusively to, United States-domiciled individuals and businesses. Our compliance framework (TCPA, FCC AI-voice rules, CAN-SPAM, FEC, state licensing, A2P/10DLC, TrustHub) is built for US regulatory regimes. We do not authorize account creation, sign-in, or use of the Service from outside the United States, and we do not represent that the Service complies with any non-US law.
By registering, you represent and warrant that:
- You (or the organization you represent) are domiciled, incorporated, or organized in a US state or territory;
- You are physically present in the United States when creating your account and when using the Service for any material action (sending communications, executing contracts, receiving payments);
- You are a US citizen, US lawful permanent resident, or otherwise legally authorized to work and transact business in the United States;
- You will not use the Service to route around US regulatory obligations that would otherwise apply to your outreach.
We may block, suspend, or terminate accounts that we determine are being accessed from outside the United States or that are used to conduct business primarily outside the US. VPN or proxy access from outside the US does not create eligibility.
2.2 Age
You must be at least 18 years old and legally able to enter a binding contract in your jurisdiction. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
2.3 Account security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@talktotom.ai if you suspect unauthorized access.
2.4 Truthful information
You agree to provide accurate, current, and complete information during registration and to keep it updated. Providing false verification information (a fake EIN, an unauthorized signer, a forged license, or a stolen identity) is a material breach of these Terms and may be reported to the applicable licensing board, the FTC, or law enforcement.
2.5 Ongoing verification
We may re-verify your eligibility at any time, including asking for updated licenses, EIN documentation, government-issued ID, or authorized-signer confirmation. Failure to provide requested verification within 14 days may result in account suspension.
3. The service
TalkToTom provides a communication and CRM platform for American businesses and political campaigns. Features may include:
- An AI assistant ("Tom") accessed via voice, text, and web chat
- Contact and lead management
- Automated outreach cadences (email, SMS, phone)
- Proposal generation and scheduling
- Analytics dashboards
- White-labeled operating environments for partners
Features may change, be added, or be removed at our discretion. We will use reasonable efforts to notify paid subscribers of material changes in advance.
4. Fees and billing
4.1 Subscription plans
Paid plans are billed monthly or annually as selected at signup. Fees are stated on the applicable pricing page (currently at talktotom.ai/enterprise.html and talktotom.ai/campaigns.html). Annual pre-pay may include a discount and waived setup fee as indicated.
4.2 Payment
Payment is due in advance of the applicable billing period. We use third-party payment processors (Stripe, Square) whose terms also apply to your payments. You authorize us to charge your designated payment method on a recurring basis.
4.3 Refunds
Except where required by law, subscription fees are non-refundable. Setup fees are non-refundable once provisioning has begun.
4.4 Taxes
Prices exclude applicable sales, use, VAT, or similar taxes, which you are responsible for.
4.5 Late payment
Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law. We may suspend or terminate service for non-payment.
5. Your content and data
5.1 Ownership
You retain all rights to the data you upload or generate on the Service (your "Customer Data"), including contact records, call recordings, emails, and files.
5.2 License to us
You grant us a limited, non-exclusive license to host, transmit, process, and display Customer Data solely to provide the Service to you and comply with law. We do not sell your Customer Data.
5.3 AI training
We do not use your Customer Data to train third-party foundation AI models. We may use aggregated, de-identified operational data internally to improve service reliability.
5.4 Backups
We take nightly backups of your data. Backups are retained per Section 4 of our Privacy Policy.
6. Prohibited use
You agree not to use the Service to:
- Violate any law, including the TCPA, TSR, CAN-SPAM Act, TCFAPA, FCC rules on AI-generated voice, state consumer protection laws, or FEC regulations for political communications;
- Send unsolicited marketing communications without required consent;
- Impersonate any person or entity without authorization;
- Harass, threaten, defraud, defame, or exploit any person;
- Attempt to reverse-engineer, decompile, or extract source code from the Service;
- Access the Service through unauthorized means (bots, scrapers, credential stuffing);
- Introduce viruses, worms, or other malicious code;
- Use the Service to sell firearms, controlled substances, adult content, or other high-risk products without our prior written approval and appropriate compliance controls;
- Circumvent any usage limits or access controls.
See the full Acceptable Use Policy below for details.
7. Third-party services
The Service integrates with third-party providers including Google (Workspace, Calendar, Gmail, Maps), Anthropic (AI models), Bland (voice AI), Twilio (telephony), Stripe (payments), Cloudflare (hosting), GoHighLevel (CRM plumbing), and others. Your use of these features is also subject to those providers' terms and policies. We are not responsible for third-party outages or policy changes.
8. Termination
8.1 By you
You may cancel your subscription at any time through your account settings or by contacting info@talktotom.ai. Cancellation takes effect at the end of the current billing period.
8.2 By us
We may suspend or terminate your access at any time for material breach of these Terms, non-payment, or if required by law. We may also terminate the Service or any feature with 60 days' notice for any reason.
8.3 Data export
Following termination, we will make your Customer Data available for export for 30 days, after which it may be deleted from our systems (except where retention is required by law).
9. Disclaimers and limitation of liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that AI outputs will be accurate. See AI Usage Policy for AI-specific disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKTOTOM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL.
Our total aggregate liability for any claim arising from or related to the Service will not exceed the greater of (a) the fees you paid to us in the 12 months preceding the claim, or (b) $100.
10. Disputes and governing law
10.1 Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. TalkToTom Inc. is incorporated in Delaware, and Delaware law governs the interpretation, validity, and enforcement of these Terms.
10.2 Arbitration
Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS in Wilmington, Delaware, pursuant to its Streamlined Arbitration Rules. Each party waives any right to a jury trial or class action. Either party may seek injunctive relief in court for intellectual property misuse.
10.3 Small claims
Nothing prevents either party from bringing an individual claim in small claims court within its jurisdictional limit, in the county of the responding party's principal place of business.
10.4 Exclusive jurisdiction (non-arbitrable claims)
For any claim not subject to arbitration under §10.2, the parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.
11. Changes to these terms
We may update these Terms from time to time. Material changes will be communicated to registered users by email at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.
12. Onboarding & identity verification
Because TalkToTom sends communications on behalf of the businesses, campaigns, and individuals who use the Service, we verify each account before enabling communications features. Onboarding requirements vary by account type.
12.1 Business & Enterprise accounts
Businesses signing up for Enterprise (Owner-Operator, Crew, Multi-Team) or Partnership tiers must provide, at minimum:
- Legal business name as registered with the applicable US state Secretary of State (or IRS for sole proprietorships);
- Federal Employer Identification Number (EIN), or SSN for sole proprietors without an EIN;
- US business address (no PO boxes for A2P registration);
- State-level business license or registration (Certificate of Good Standing where applicable);
- Industry-specific license number(s) where required by the state or municipality — for example, roofing contractor license, electrical license, HVAC certification, real estate broker license, insurance producer license;
- Authorized signer contact: full legal name, title, email, phone, and government-issued ID for the individual authorized to bind the company;
- Beneficial ownership disclosure per the Corporate Transparency Act where applicable;
- DUNS number where available (helpful for TrustHub brand registration).
By providing this information, you authorize TalkToTom to verify it against public records, third-party verification providers (e.g., Middesk, Alloy, TrustHub), and the applicable state licensing boards. You represent that you are legally authorized to submit each item on behalf of your business.
12.2 Political campaign accounts
Political campaigns using the Service must provide:
- FEC Committee ID for federal candidates and PACs, OR the equivalent state committee registration ID;
- Committee treasurer name, contact information, and government-issued ID;
- Candidate full legal name and office sought;
- Authorized campaign contact and their role;
- Disclaimer text to append to communications ("Paid for by …");
- Voice-cloning consent (see AI Usage Policy §3) if AI-voice outreach in the candidate's voice is requested.
We reserve the right to decline campaigns whose messaging we determine violates federal or state election law, engages in voter suppression, promotes disinformation about voting times or locations, or otherwise crosses the lines set out in the Acceptable Use Policy.
12.3 Talk to Tom University (TTU) trainee accounts
Individuals enrolling in Talk to Tom University to certify and be placed with a partner brand must provide:
- Full legal name and date of birth;
- US mailing address;
- Government-issued photo ID (driver's license, state ID, or US passport);
- US work authorization — US citizenship, lawful permanent residency, or valid EAD;
- Consent to a background check before placement with a partner brand (compliant with the Fair Credit Reporting Act);
- SSN or ITIN if placement leads to W-2 or 1099 status with a partner brand.
Verification is performed either directly by TalkToTom or via a third-party identity verification provider (e.g., Persona, Stripe Identity, Checkr). Trainees who fail verification are not eligible for partner brand placement.
12.4 Why we do this
Because TalkToTom sends outbound calls, texts, and emails in the name and voice of the businesses we serve, and because we place TTU graduates with partner brands, verification is not optional. It exists to:
- Protect American consumers who receive our communications from being scammed or misled;
- Protect the businesses on our platform from unauthorized parties impersonating them or being placed with fraudulent trainees;
- Meet 10DLC / A2P brand registration standards and TrustHub compliance thresholds;
- Protect TalkToTom Inc. from being used as a conduit for fraud, unlicensed contracting, unregistered political activity, or unauthorized voice cloning;
- Uphold our position as an American-built platform serving American businesses.
12.5 Verification data handling
Verification documents (IDs, EIN letters, licenses) are collected, transmitted over TLS, stored encrypted at rest, and retained only as long as needed for the account plus applicable audit/tax retention periods (see Privacy Policy §4). Verification data is not shared with third parties except (i) the verification vendors listed above, (ii) partner brands with an active placement offer to a specific trainee, and (iii) authorities under lawful process.
12.6 Consequences of failed verification
Accounts that cannot pass verification, or that provide false verification data, may be suspended or terminated without refund. Fraudulent submissions may be reported to the FTC, the FBI, the appropriate state Attorney General, or the licensing board with jurisdiction over the impersonated business.