Terms of Service

Last updated: [DATE OF PUBLICATION]

These terms govern your use of this website. They are deliberately short. They do not govern paid work — every engagement is governed by a separate signed agreement, and where that agreement and these terms disagree, the signed agreement wins.

1. Who we are

This site is operated by Hyper Viral LLC, trading as Totomoko (“Totomoko”, “we”, “us”). You can reach us at [CONTACT ADDRESS].

2. What this site is

An information site about what we do, with a way to book a conversation. Nothing on it is an offer, a quotation, or professional advice, and nothing on it creates a contract between us.

3. The discovery conversation

You can book a discovery conversation through this site at no cost. It is an ordinary first step in talking to us — not a product, not a trial, and not conditional on anything.

It is exploratory. What is said in it is not advice you should act on without your own validation, and booking one does not commit either of us to anything further.

4. AI-assisted work — what you should know before relying on anything

We build with AI, and we say plainly what that means:

• Outputs are probabilistic and can be wrong. Anything AI-assisted may contain inaccuracies, fabrications, or information that is no longer current. This is a property of the technology, not an occasional defect.
• It is not a substitute for professional advice in any regulated domain — legal, medical, financial, safety-critical or otherwise.
• You must validate before you rely. Where output informs a decision that matters, check it. Our engagements are built so that a human sits between an AI system and any consequential action, and the same expectation applies to anything you take from this site.
• A human reviews what we deliver. Every artefact that reaches you, or your customers, is reviewed by a person at Totomoko before it is delivered. AI is a tool in that process, never the final decision-maker.
• Outputs are not unique. Similar questions produce similar answers, for us and for anyone else using similar systems. Nothing we produce is warranted to be unique to you.

5. Who owns what

You own what we make for you, once it is paid for. Deliverables created for you in an engagement are assigned to you on payment of the fees for that engagement, on the terms of its signed agreement.

We keep our methods. The methodology, prompts, frameworks, harnesses, templates and reusable components we bring to the work remain ours, and we go on using them. You are getting the output, not the toolkit that produced it — unless the signed agreement says otherwise, and sometimes it will.

The models are not ours. We build on foundation models provided by third parties. We warrant our own conduct — we do not opt your data into model training, and we use zero-retention routes where a provider offers one. We make no warranty of any kind about what those providers trained their models on, and we cannot; that is their disclosure to make, not ours.

(This clause needs a solicitor. It is the one people argue about after the fact.)

6. Limits on our liability

(Placeholder — the cap and its carve-outs are a solicitor’s clause, and the numbers depend on Q-A23-1. Drafting intent recorded here so the review has something to react to.)

The intent is: liability arising from anything on this site or from a free discovery conversation is capped at a nominal sum, because nothing of value has been exchanged. Liability under a paid engagement is capped at the fees paid in the preceding twelve months, set in that engagement’s signed agreement rather than here. Nothing is excluded that cannot lawfully be excluded — death or personal injury caused by negligence, fraud, and whatever else the governing jurisdiction protects.

Specifically carved out: we are not liable for losses arising from your reliance on AI-generated output that you did not validate, or from the acts and omissions of a third-party AI provider. That is the deal clause 4 describes, stated as a limit.

7. What you agree not to do

Don’t break the site, don’t scrape it at a volume that degrades it for other people, don’t use it to do anything unlawful, and don’t misrepresent your relationship with us.

One red line of our own: we do not take work that helps deceive people. It is not a term you can breach, but it is what we will decline on, and it belongs in public rather than in a private policy.

8. Third-party services

Booking runs through a third-party scheduling service, and email reaches us through a third-party mail provider. Their terms and privacy practices govern their part. The Privacy Notice names them.

9. Availability

The site is provided as it is. We do not promise it will be available, uninterrupted, or free of error, and we may change or withdraw any part of it without notice.

Third-party AI provider outages are not a failure on our part. If a foundation-model provider we depend on is unavailable, that is not a breach of these terms or of any engagement, and the same applies to any other event outside our reasonable control.

10. Ending it

You can stop using the site whenever you like. We can withdraw access to it, for anyone, at any time, for any reason. Neither has consequences for a signed engagement, which ends on its own terms.

11. If something goes wrong between us

Talk to us first — write to [CONTACT ADDRESS] and we will try to resolve it directly. If that fails, mediation before anything adversarial. Only then, the courts named in clause 12.

12. Governing law

These terms are governed by the law of [GOVERNING LAW — provisionally the State of Wyoming; relayed, not confirmed by the owner directly], and the courts of that jurisdiction have exclusive jurisdiction.

If you are a consumer in the EU or the UK, this does not take away rights you have under the mandatory law of where you live, and it does not stop you bringing a claim there.

(For clients outside that jurisdiction, expect this clause to be redlined in a signed engagement. That is normal and we accept it case by case.)

13. Changes to these terms

We may change these terms. The version on this page is the one that applies, and the date at the top tells you when it last moved. Material changes to a live engagement are made in that engagement’s agreement, not here.

14. The whole of it

These terms, plus anything they link to, are the whole agreement about your use of this site. Nothing said in a conversation, a call or an email changes them. If any part is unenforceable, the rest stands.