Tote Technologies, Inc. Website Terms of Use

Terms of Use

Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at https://tote.ai (the “Site”) offered by Tote Technologies, Inc. (“Tote,” “we,” “us,” or “our”).

Agreement to Terms

By using our Site, you agree to be bound by these Terms. If you don’t agree, do not use the Site.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use, and share your personal information.

Changes to These Terms or the Site

We may update the Terms from time to time at our sole discretion. If we do, we’ll post the updated Terms on the Site. Continuing to use the Site after changes means you accept them. If you don’t agree, you may stop using the Site.

We may also change or discontinue any part of the Site at any time, without notice.

Feedback

We welcome feedback, comments, ideas, proposals, and suggestions (“Feedback”). By submitting Feedback, you agree we may use it freely without restriction or compensation.

Communication with Us via the Site

From time to time, we may provide tools on the Site that let you communicate with us. Please do not include sensitive, confidential, or proprietary information when using these features.

Intellectual Property

All content made available on the Site that is subject to intellectual property rights remains owned by Tote. We retain all rights to that content.

User Content

The Site may allow you to submit or upload content (“User Content”).

• We do not claim ownership of your User Content.
• By submitting it, you grant Tote a non-exclusive, worldwide, royalty-free license to use, host, reproduce, display, perform, and modify the content for purposes of operating and improving the Site, and to comply with law.
• We may also create de-identified data derived from your User Content and usage.

General Prohibitions

You agree not to:

• Post User Content that infringes, violates law, is false, defamatory, obscene, discriminatory, threatening, or promotes harmful/illegal activities.
• Use, display, mirror, or frame the Site or its elements without consent.
• Access non-public areas or breach security measures.
• Probe or scan our systems or attempt to bypass protections.
• Use bots, crawlers, or automated tools (other than approved browsers).
• Send spam, junk mail, or unauthorized promotions.
• Use hidden text/meta tags with Tote trademarks without consent.
• Use the Site for commercial purposes not permitted by these Terms.
• Forge headers or misrepresent source information.
• Reverse engineer, decompile, or disassemble Site software.
• Interfere with user access, including spreading malware.
• Impersonate others or misrepresent your identity.
• Violate laws or encourage others to do so.

Tote may monitor access and remove content at its discretion, including consulting law enforcement.

Links to Third-Party Resources

The Site may contain links to third-party websites or resources. We provide them for convenience only and are not responsible for their content, products, or services.

Disclaimers

The Site is provided “as is” without warranties of any kind. We disclaim all implied warranties, including merchantability, fitness for purpose, quiet enjoyment, and non-infringement.

We do not guarantee uninterrupted or error-free operation.

Indemnity

You agree to indemnify and hold Tote and its officers, directors, employees, and agents harmless from claims, liabilities, damages, costs, and expenses (including legal fees) arising from:

1. Your access or use of the Site.
2. Your User Content.
3. Your violation of these Terms.

Limitation of Liability

To the maximum extent permitted by law:

• Tote and its service providers are not liable for indirect, incidental, consequential, or special damages (including lost profits, data, or goodwill).
• Our total liability will not exceed $100 USD.

These limitations form a fundamental basis of the agreement.

Governing Law & Jurisdiction

These Terms are governed by the laws of California. You consent to jurisdiction in the state and federal courts of the Northern District of California.

General Terms

Reservation of Rights

Tote and its licensors exclusively own all rights, title, and interest in and to the Site.

Entire Agreement

These Terms are the full agreement between you and Tote.

Assignment

You may not transfer these Terms without our consent. Tote may assign freely.

Waiver

Our failure to enforce a right does not waive it.

Contact Information

If you have any questions about these Terms or the Site, please contact us at: legal@tote.ai