Tojumi Health, Inc. ("Tojumi", "we", "us", "our")
Effective date: January 1, 2025
Applies to https://tojumihealth.com and related websites, applications, and services (the "Service").
Terms and Conditions of Use
1) Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any incorporated policies (collectively, the "Agreement"). If you do not agree, do not use the Service.
Electronic Communications. By using the Service, you consent to receive communications electronically and agree that all notices, disclosures, and agreements we provide electronically satisfy any legal requirements that such communications be in writing.
2) Definitions
"Caregivers" means staff or authorized personnel of a care home or care provider that use the Service to post updates and communicate with family members.
"Family Users" means family members or authorized representatives of residents who access updates shared by Caregivers.
"User Content" means content you submit, upload, or transmit to or through the Service.
3) Changes to Terms and Service
We may update these Terms at any time. Material changes will be indicated by updating the "Effective date" above or by additional notice where required. Your continued use after changes become effective constitutes acceptance.
4) Eligibility; Accounts; Security
- Age. You must be the age of majority in your jurisdiction or have verifiable parental/guardian consent. The Service is not directed to children under 13.
- Registration. You must provide accurate information and maintain the security of your login credentials. You are responsible for activities under your account.
- Organizational use. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
5) Scope of Service; No Medical Care
The Service facilitates secure communication, updates, photos, and activity logs between Caregivers and Family Users. Tojumi does not provide medical services, practice medicine, or offer emergency services. Information available via the Service is for informational purposes only and is not a substitute for professional medical advice.
6) Specialized Caregiver & Family User Rights
Caregivers
- May share updates and activity logs relevant to residents in accordance with applicable privacy laws and facility policies.
- Must ensure content is accurate, appropriate, lawful, and limited to the minimum necessary information.
- Must obtain any consents the facility requires for sharing resident information.
Family Users
- Have the right to access updates shared about their loved one and to communicate with Caregivers via the Service.
- Must not redistribute sensitive updates beyond authorized family or representatives without proper consent.
- Must respect the privacy and dignity of residents, staff, and other families.
We may remove content, restrict features, or suspend accounts for misuse, harassment, unlawful activity, or violations of these Terms.
7) Acceptable Use; Prohibited Conduct
- No unlawful, harassing, discriminatory, or hateful content or conduct.
- No uploading of malware, spyware, or content that infringes intellectual property, privacy, or publicity rights.
- No attempts to probe, scan, or test the vulnerability of the Service or to circumvent security.
- No scraping, bulk collection, or resale of the Service without our written consent.
8) User Content; License; DMCA
You retain ownership of your User Content. You grant Tojumi a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display User Content solely to operate, improve, and provide the Service.
If you believe content infringes your copyright, please submit a compliant notice to legal@tojumihealth.com with: (i) your signature, (ii) identification of the work and the infringing material, (iii) contact information, (iv) a good-faith statement, and (v) a statement under penalty of perjury of accuracy and authorization.
9) Privacy; EU/UK GDPR
Your use of the Service is subject to our Privacy Policy. Where Tojumi acts as a controller, we process personal data under lawful bases including contract performance, legitimate interests, consent (where obtained), and compliance with legal obligations.
- EU/UK data subject rights. You may have rights to access, rectify, erase, restrict or object to processing, portability, and to withdraw consent. Contact: privacy@tojumihealth.com.
- International transfers. Where data is transferred outside the EU/UK, we rely on appropriate safeguards such as standard contractual clauses or other transfer mechanisms recognized by law.
- Sub-processors. We may use vetted third-party providers to support the Service under written agreements with data protection safeguards.
- Data retention & security. We retain personal data for as long as needed for the purposes described or as required by law and maintain administrative, technical, and physical safeguards appropriate to the risk.
- Supervisory authorities. You may lodge a complaint with your local data protection authority.
10) Fees, Payments, Taxes, and Pricing
- Subscriptions. Certain features require paid subscriptions billed in advance on a recurring basis until cancelled.
- Payment authorization. You authorize Tojumi and our payment processors to charge your selected payment method for all fees and applicable taxes.
- Price changes. We may change prices or introduce new charges with prior notice where required. Changes take effect in the next billing cycle.
- Taxes. Fees are exclusive of taxes unless stated. You are responsible for any applicable taxes, duties, or levies.
- Delinquency. We may suspend or terminate access for unpaid or disputed amounts.
11) Cancellations; Refunds; Chargebacks
Cancellations
- You may cancel at any time via your account settings; cancellation takes effect at the end of the current billing term unless otherwise stated.
- Trial offers, if any, will convert to paid plans unless cancelled before the trial ends.
Refunds
- Eligibility. Refunds are generally not provided for partial terms or unused services. We may issue refunds for billing errors or where required by law.
- Process. Submit refund requests within seven (7) days of the charge to billing@tojumihealth.com, including your account email, invoice number, and reason.
Chargebacks
You agree not to initiate chargebacks before giving us a reasonable opportunity to resolve billing issues. Unresolved, bad-faith, or excessive chargebacks may result in account suspension.
12) Third-Party Services
The Service may link to or integrate third-party services. We are not responsible for their content, terms, or policies. Your use of third-party services is at your own risk and subject to their terms.
13) Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
14) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOJUMI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TOJUMI FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.
Certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages; if those laws apply to you, some of the above may not apply.
15) Indemnification
You will indemnify, defend, and hold harmless Tojumi and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your violation of these Terms; or (c) your User Content.
16) Binding Arbitration; Class-Action Waiver
Agreement to Arbitrate. You and Tojumi agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will be conducted on an individual basis in English in Cook County, Illinois, USA, unless the parties agree otherwise or applicable law requires otherwise.
Class-Action Waiver. YOU AND TOJUMI WAIVE ANY RIGHT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, ARBITRATION, OR PROCEEDING.
30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@tojumihealth.com within thirty (30) days of first accepting these Terms. If you opt out, Tojumi will not be bound by this arbitration provision either.
This section does not prevent either party from seeking provisional remedies or relief in a court of competent jurisdiction to protect intellectual property or trade secrets.
17) Governing Law; Venue
These Terms are governed by the laws of the State of Illinois, USA, without regard to conflict of laws rules. Subject to the arbitration provision, the exclusive venue for disputes that are not subject to arbitration will be the state and federal courts located in Cook County, Illinois.
18) Mobile App Terms (Apple/Google)
- This Agreement is between you and Tojumi, not Apple or Google. Apple and Google are not responsible for the Service or its content.
- Your use of the apps must comply with the applicable app store terms.
- Tojumi is solely responsible for maintenance and support, product warranty (if any), and addressing claims as set forth in these Terms.
19) Miscellaneous
- Severability. If any provision is held invalid, the remaining provisions remain in full force.
- No waiver. Failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our consent; we may assign freely.
- Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
- Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Tojumi.