Last updated October 2026

Terms of service

These terms cover your use of Hey Tomo. By creating a workspace you agree to them on behalf of your business. Our Privacy policy and Delete your data page are part of these terms.

Your account and AI employees

• You must be 18 or older and authorised to act for your business. Keep your sign-in details private; you are responsible for what is done from your account and by the team members you invite.
• You choose the skills, rules and approvals for each AI employee, and you are responsible for messages sent with your approval or under rules you set to auto-approve.
• Every AI employee says it is an AI assistant and works only on your business, as WhatsApp's rules require.
• You connect your own WhatsApp Business account. WhatsApp charges its message fees to that account.

Your customers and their consent

• You are the data fiduciary for your customers. You confirm that you have the consent you need to message them, and you keep that consent current. Hey Tomo checks consent before every message and refuses what it cannot send.
• Marketing is never sent to people under 18. Quiet hours apply to marketing and reminders. A person who asks to stop, in any language, stops.
• SMS goes out only on templates your business has had approved under the DLT rules, with your own registration. You fill in the variables; nobody rewrites the text.
• You connect only channels that belong to your business, and you follow the policies of WhatsApp, Instagram and Facebook for business messaging. If a platform suspends your account, Hey Tomo cannot restore it.

Messages you send

• Every email names your business truthfully in its sender name, and its subject line matches what the email says. Don't disguise who you are or what you are offering.
• Marketing email carries your business's postal address and a one-click unsubscribe, and Hey Tomo will not send it without them. An unsubscribe takes effect at once and the link keeps working for at least 180 days.
• For people in Canada, you record whether their consent is express or implied (and the date of the purchase or enquiry it comes from). Implied consent stops working after the time the law allows: 24 months after a purchase or the end of a contract, 6 months after an enquiry.
• For people in the European Union or the United Kingdom, marketing needs their clear, prior opt-in.

Billing and credits

• Hey Tomo sells credits. You can buy a credit pack once, or take a plan that brings a fixed number of credits for a recurring fee: Monthly, billed each month, or Annually, billed once a year. Every action uses credits from the rate card. There is no fee per seat, user, API key or feature. Enterprise customers may instead have a written agreement with its own rates and invoicing terms.
• A monthly plan delivers its credits on the day each payment is confirmed. An annual plan delivers all twelve months of credits on day one, when the payment is confirmed. Plans renew on their anniversary unless you cancel; for annual plans we email you at least 30 days before renewal. If a renewal payment cannot be collected, we tell you, and for 7 days you can still sign in and manage what you have already set up; no new credits are delivered until a payment succeeds, your balance stays as it is, and sending on WhatsApp, SMS and the other channels, and AI work, keep needing credits as always. You can cancel at any time from the dashboard: the plan runs to the end of the period already paid for and does not renew, credits already delivered stay until their own expiry, and the period already paid is not refunded except where the law requires it. Plan and pack prices can change with at least 30 days' email notice; a change applies from the next renewal after that notice, and a period already paid is never re-priced.
• You can set a monthly spending limit in credits. It is optional and off until you turn it on, because your prepaid balance is already a hard cap. When the limit is reached, marketing sends, journeys and AI work pause until you raise the limit or approve more. Service messages such as one-time codes and order or payment confirmations are not held by the limit, so a sign-in or a checkout never breaks because a marketing budget ran out; they still need credits, and nothing is ever sent from an empty balance. A send with too few credits waits and the owner is told; your balance never goes below zero.
• A payment counts only once the gateway has confirmed it to us. Credits are non-refundable except where the law requires a refund, and unused credits lapse when a workspace is closed. Invoices and credit notes are available in the dashboard.

Credits

• What a credit is. Credits are prepaid software usage units for Hey Tomo's business service. Every action, such as sending a message, running a journey, an AI task or an API call, uses a fixed number of credits from the rate card. One balance covers every channel, feature and API key. Credits have no cash or monetary value.
• Business to business only. Hey Tomo is a service for businesses, and these terms are a commercial contract between businesses. Credits are bought by a business, for its own workspace, to pay for a service it uses. They are not a gift card, a gift certificate, stored value, a deposit, electronic money or a cash equivalent; they are not sold to consumers, are non-refundable except where the law requires, are non-transferable (they cannot be given to, spent by or moved to anyone else or another workspace) and cannot be exchanged for cash.
• Kinds of credits. Paid credits are the ones you buy. Bonus credits come with a credit pack. Promotional credits come from Hey Tomo's own referral and milestone rewards. When an action runs, promotional credits are used first, then bonus, then paid; within each kind, the credits closest to expiry go first.
• WhatsApp and SMS fees. The fee a messaging provider charges for a WhatsApp or SMS message is included in the credits for that message, at the provider's rate for the message type and country plus our margin, and is shown before you send. These fees come from paid credits only; bonus and promotional credits cannot pay them. If you connect your own WhatsApp or SMS account, you pay the provider directly and these fees are zero credits.
• Validity. Paid credits are valid for 12 months from the day they are delivered to your balance. Bonus credits are valid for 12 months from the purchase they came with. Promotional credits carry the date shown when they are given. A newer purchase never expires before an older one.
• Reminders. We email the workspace owner at least 14 days before any credits expire, and again on the day. Expired credits are listed in your ledger; they are not deleted from it.
• Where expiry is not allowed. If the law of the place where your business is established does not allow paid credits to expire, or sets a longer period, that law applies and the 12-month rule does not. In that case your paid credits do not expire (or expire only at the end of the period the law allows), and only bonus and promotional credits keep their dates. Tell us at [email protected] if you believe this applies to you and we will set your workspace accordingly.
• Currencies and taxes. You can pay in the currencies offered at checkout. A credit pack gives the same number of credits whichever currency you pay in. Prices are exclusive of applicable taxes such as GST or VAT. The taxes that apply are worked out from your billing details and shown at checkout and on your invoice. A buyer in India pays Indian GST on top of the pack or plan price. For a buyer outside India, Indian GST is not charged where the sale qualifies as an export of services under Indian GST law, and is charged where it does not; the buyer is also responsible for any VAT, sales tax or withholding that its own country applies. The same pack therefore gives the same credits everywhere, and only the tax line differs.
• When credits are used. Credits are deducted when the channel or provider accepts a message for sending, or when an action runs, not when the message is delivered or read. A message the channel rejects before accepting it is not charged. Once accepted, a message uses its credits even if it is never delivered (a wrong number, a closed account, a phone that is off). A failure on Hey Tomo's side is credited back.
• Rate card changes. The number of credits an action uses is subject to periodic adjustment, for example when a provider or AI model changes its prices. We tell business owners by email at least 30 days before a change takes effect, and no credit rate changes before that notice period has run; the rate card itself carries the same rule. A rate change never alters the number of credits in your balance or their validity; every charge records the rate card version it used, so it can always be explained.
• Enterprise agreements may set their own credit rates, validity and invoicing terms in writing, which then apply instead of this section where the two differ.

Rewards you give your customers

• Points, stamp cards, scratch cards, gift cards, milestones and refer-a-friend rewards are your business's own promise to its customers, in your own units. They are separate from Hey Tomo credits: a customer's points or gift card balance never becomes credits, and credits never become customer rewards. Running a programme uses your credits only for the messages and AI work it causes.
• Hey Tomo never collects or holds the money a customer pays your business for a gift card or any other reward. Customers pay you, at your counter or through your own payment provider, and Hey Tomo keeps the record only. You are responsible for the value you issue, for honouring it, and for the rules that apply to gift cards and prepaid value where your business operates.

Acceptable use

• Don't use Hey Tomo for spam, for messages to people who haven't agreed to hear from you, or for anything unlawful, misleading or harmful.
• Don't upload data you have no right to use, and don't try to get around the safety checks, access another workspace, or probe or overload the service.
• We may pause sending, a channel or a workspace while we look into a report of misuse, and we tell you when we do.

Your data and ours

• Your data stays yours. We use it only to run the service for you, as the Privacy policy describes. You can export it at any time and delete it as the Delete your data page explains.
• Hey Tomo, its software, designs and name stay ours. You get a licence to use the service while your account is open.

Processing your customers' data

• We process your customers' personal data only on your instructions, under our data processing agreement, which forms part of these terms. It covers India's DPDP Act, the GDPR and the UK GDPR, the California Consumer Privacy Act and Canada's privacy law. Ask us for a signed copy at [email protected].
• We tell you of a personal data breach affecting your data without undue delay, and within 12 hours of becoming aware of it, with what you need to notify the authorities and the people affected in time.
• International transfers. Our systems are in India. Where you transfer personal data of people in the European Economic Area to us, the European Commission's Standard Contractual Clauses (Decision 2021/914, Module 2, and Module 3 for our sub-processors) apply between us and are incorporated by reference; for the United Kingdom, the UK International Data Transfer Addendum applies too. If they conflict with these terms, the clauses prevail.

Service provider terms (United States)

Where the California Consumer Privacy Act applies to you, we are your service provider, and:

• we process your customers' personal information only to provide the service described in these terms and the data processing agreement;
• we do not sell or share it, including for cross-context behavioural advertising;
• we do not retain, use or disclose it for any other purpose, or outside our direct business relationship with you, and we do not combine it with personal information from anyone else, except where the law allows a service provider to;
• we give it the same level of privacy protection the law requires of you, let you take reasonable steps to check and to stop and fix any unauthorised use, and tell you if we can no longer meet these duties;
• we bind every sub-processor to the same terms, and we certify that we understand and will comply with these restrictions.

Ending the service

• You can close your workspace at any time from Settings. Its data is deleted as the Privacy policy says.
• We can end or suspend an account that breaks these terms or the platforms' policies, or when the law requires it. Otherwise we give at least 30 days' notice before ending the service.

Liability

• Hey Tomo is provided with reasonable care and skill, but AI employees can make mistakes. You review what they do, and you decide what is sent and what is approved.
• To the extent the law allows, our total liability to you in any 12 months is limited to the fees you paid us in that period, and we are not liable for indirect loss, lost profit or a platform's decision about your account.

Governing law and changes

• These terms are governed by the laws of India, and the courts of Bengaluru, Karnataka have exclusive jurisdiction.
• When these terms change, the date at the top changes and business owners are told by email at least 15 days before the change takes effect.

Who we are

"Hey Tomo", "we" and "us" mean Hey Tomo, Davanagere, Karnataka, India.

Contact

Questions about these terms: [email protected].