1. who we are
Toby, Inc. (“toby,” “we,” “us”) operates a text-first home concierge. You describe a home problem. We help match you with an independent local professional (“pro”) who may perform the work. We are a coordination platform. We are not the contractor, plumber, electrician, or other tradesperson who shows up at your home.
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, SMS or iMessage conversations with toby, bookings, 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 must use the Service only for a home or property you are authorized to service. You are responsible for anyone who uses your phone number or email to reach toby.
4. the waitlist is not a booking
Joining the waitlist does not guarantee access, coverage in your zip code, a specific launch date, pricing, or that a pro will be available. We may prioritize cities, pause a rollout, or refuse service at our discretion. Early-access or intro pricing, if offered, can change or end at any time.
5. toby is a marketplace, not the pro
Pros are independent contractors or independent businesses. They are not employees, partners, or agents of toby. When a job is booked, your service contract for the physical work is with the pro, not with toby, unless we say otherwise in writing.
toby may screen, introduce, schedule, message, or collect payment as a convenience. That does not make us the person performing the work, and it does not make us a guarantor of the pro’s results, licensing, insurance, timeline, or conduct on site.
6. quotes, bookings, and payment
Quotes shown in a thread are estimates or offers from a pro or from toby on a pro’s behalf. A job is not booked until you clearly confirm (for example, by replying “yes”) and any required payment is authorized. Prices, scope, and arrival windows can change if the job is different from what you described, if access is limited, or if parts or conditions require it.
You authorize us and our payment processors to charge the payment method you provide for the quoted amount, approved extras, cancellation fees, and taxes. Chargebacks filed in bad faith, or after completed work you approved, may result in suspension of the Service.
7. your responsibilities
You agree to:
- describe the job honestly, including photos or details that affect safety or scope
- provide safe, lawful access to the property at the agreed time
- secure pets, valuables, and occupants as needed
- get any landlord, HOA, or building approvals required for the work
- pay the amounts you approve
- not use toby for illegal work, unlicensed work you know is required to be licensed in your area if you intend to evade that, or anything that could harm people or property
8. emergencies and safety
toby is not an emergency service. If you have a fire, gas leak, flooding that threatens safety, medical emergency, crime, or any situation that needs immediate public help, call 911 or the local emergency number. Do not wait on a text thread.
We do not promise that a pro can or will arrive in time to prevent damage. You are responsible for shutting off water or power, evacuating, and taking other reasonable steps to protect people and property.
9. messages
By texting toby or submitting your number, you ask us to message you about your request, waitlist, bookings, and related service updates. Message and data rates may apply. Frequency varies. You can ask us to stop promotional texts. Operational messages about an active job may still be necessary to complete or cancel that job.
You grant us a license to use the texts, photos, voice notes, and other content you send so we can operate the Service, share what a pro needs to do the job, 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 pros or 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, ERROR-FREE, OR THAT A PRO WILL BE AVAILABLE, ON TIME, LICENSED FOR EVERY TASK, INSURED TO A PARTICULAR LIMIT, OR THAT THE WORK WILL MEET YOUR EXPECTATIONS.
Any vetting we do is for our own operations. It is not a warranty to you. You should make your own reasonable checks before allowing someone into your home.
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 JOB 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 pro for on-site work, property damage, or personal injury caused by that pro are between you and the pro, 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 property conditions, your instructions to a pro, your breach of these Terms, or a dispute between you and a pro, 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.