1. Who we are
Toby, Inc. (“Toby,” “we,” “us”) helps you shop over iMessage. You send a product link. Toby ranks marketplaces by true total cost, fees and shipping included. You make the call. We help you decide. We are not the store, the seller, or the person who ships the item unless we say otherwise in writing.
2. Agreement
These Terms of Service (the “Terms”) are a binding agreement between you and Toby, Inc. They apply to texttoby.io, related pages, the waitlist, the on-site demo, SMS or iMessage conversations with Toby, and any related services (together, the “Service”). If you do not agree, do not use the Service.
We may update these Terms. The “effective” date at the top will change when we do. Continued use after an update means you accept the revised Terms.
3. Eligibility
You must be at least 18 years old and able to enter a contract. You are responsible for anyone who uses your phone number or email to reach Toby.
4. The waitlist is not access
Joining the waitlist does not guarantee an invite, coverage in your zip code, a launch date, pricing, or that shopping help will be available. We may prioritize cities, pause a rollout, or refuse service at our discretion. Any early-access or intro offer is promotional, applies once if offered, and can change or end at any time.
5. The demo is a preview
The homepage conversation is a scripted preview. It does not shop live, place orders, or charge you. Product photos and prices in the demo are references for that preview. The waitlist form is real. Nothing else on the demo is a live purchase.
6. What Toby does, and what it does not
When the Service is live, Toby may research products, compare listed prices, surface reviews, and share an opinion. That is decision help. It is not a promise that a price, listing, grade, size, or seller is still available, accurate, or authentic.
Toby is not a retailer or marketplace of record unless we say so in writing. Third-party stores, auction houses, and resale platforms have their own terms. If you buy something, your purchase is with that seller, not with Toby, except to the extent we operate a checkout we clearly identify as ours.
Nothing is bought without your okay. A suggestion, a “best pick,” or a link is not a purchase.
7. Quotes, prices, and payment
Prices you see through Toby come from pages we open or from a seller. They can change, sell out, or exclude tax, shipping, duties, authentication fees, or membership costs. We do not warrant that a listed total is the amount you will actually pay.
If we later collect payment for a product or a fee, you authorize us and our payment processors to charge the method you provide for the amount you approve, plus taxes and stated extras. Chargebacks filed in bad faith may result in suspension of the Service.
8. Your responsibilities
You agree to:
- describe what you want honestly, including size, condition, budget, and links or photos that matter
- check the seller, shipping, return policy, and authenticity terms before you buy
- pay only amounts you approve
- not use Toby for illegal purchases, fraud, or anything meant to harm people or property
9. Messages
By texting Toby or submitting your number, you ask us to message you about your request, waitlist, and related service updates. Message and data rates may apply. Frequency varies. You can ask us to stop promotional texts. Messages needed to finish or cancel an active request may still be sent.
You grant us a license to use the texts, photos, links, and other content you send so we can operate the Service, improve quality, and protect against fraud or abuse.
10. Acceptable use
Do not abuse, scrape, reverse engineer, or disrupt the Service. Do not impersonate anyone, harass our team, submit malware, or use the Service to spam. We may refuse, suspend, or terminate access, including waitlist spots, if we believe these Terms were violated or if serving you would create risk.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT ALLOWED BY LAW, TOBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT A PRICE, REVIEW, LISTING, SELLER, OR PRODUCT WILL BE AVAILABLE, ACCURATE, AUTHENTIC, OR RIGHT FOR YOU.
Any research we do is to help you decide. It is not a warranty. You should make your own checks before you buy or share payment details with a seller.
12. Limitation of liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, TOBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR PROPERTY DAMAGE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
TOBY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TOBY FOR THE SPECIFIC REQUEST GIVING RISE TO THE CLAIM IN THE THREE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree that claims against a third-party seller for a product, shipment, refund, or authenticity issue are between you and that seller, except to the extent a court finds Toby directly caused the harm by its own gross negligence or willful misconduct.
13. Indemnification
You will defend and indemnify Toby against claims, damages, and reasonable legal fees arising from your misuse of the Service, your purchase from a third party, your breach of these Terms, or a dispute between you and a seller, except to the extent caused by Toby’s willful misconduct.
14. Intellectual property
Toby’s name, mark, site, and software are owned by Toby, Inc. or its licensors. You may not copy, scrape, or use them except as needed to use the Service. Feedback you send can be used by us without restriction or payment.
15. Privacy
Our Privacy Policy explains how we collect and use information. If there is a conflict about personal data, the Privacy Policy controls on that point.
16. Disputes
Before filing a claim, you agree to try to resolve it by submitting the contact form and allowing 30 days for a reply. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration.
Except for small-claims court or claims for injunctive relief to protect intellectual property, any dispute will be resolved by binding individual arbitration. You and Toby waive class actions and class arbitration. If a court finds this arbitration section unenforceable as to a claim, that claim must be brought individually in a court located in Delaware, and you consent to that venue.
17. General
If a section is unenforceable, the rest still applies. These Terms are the entire agreement for the Service. You may not assign your rights without our consent. We may assign ours. Failure to enforce a term is not a waiver. Headings are for convenience only.
18. Contact
We do not publish a public email, phone number, or mailing inbox for support. If you need to reach us about these Terms, the Service, or a dispute, use the contact form. That is the official channel.