Terms of Service
Last updated March 10, 2026
These Terms and Conditions ("Terms") govern your access to and use of the services provided by Tocayo Labs, LLC ("Tocayo," "we," "us," or "our"), a Texas limited liability company, including our mobile application, websites at tocayo.ai and tocayo.me, and all related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years of age to use the Service. By using Tocayo, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.
Tocayo is an AI-native website builder for small businesses. The Service includes:
The primary interface for the Service is the Tocayo web application at tocayo.ai.
The Service is currently in an early-access or beta phase. This means that features, functionality, and availability may change at any time without prior notice. By using the Service during this period, you acknowledge and agree that:
We value your feedback during this period and encourage you to report issues or suggestions to support@tocayo.ai. Your use of the Service during beta does not entitle you to any specific feature set, uptime guarantee, or service level commitment. This section will be removed or updated when the Service exits the beta phase.
To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@tocayo.ai if you become aware of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are used for fraudulent or unlawful purposes.
Tocayo offers a free tier and paid subscription plans billed on a monthly basis. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel. Payment is processed through Stripe; we do not store your full payment card information.
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You may not:
We reserve the right to suspend or terminate your access if we reasonably believe you are violating these Terms or using the Service in a way that creates legal risk for Tocayo or its users.
You retain ownership of all content you provide through the Service, including business descriptions, images, text, and other materials used to build your website. By using the Service, you grant Tocayo a limited, non-exclusive license to use, process, and store your content solely for the purpose of providing and improving the Service.
You represent that you have the right to use all content you provide, including any business names, trademarks, or images. Tocayo is not responsible for the accuracy or legality of content provided by users.
Tocayo uses artificial intelligence to generate website designs, layouts, copy, and other content based on your inputs. You acknowledge and agree that:
The Service and its original content, features, and functionality are owned by Tocayo Labs, LLC and are protected by applicable intellectual property laws. The Tocayo name, logo, and all related marks are trademarks of Tocayo Labs, LLC.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Tocayo does not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. Tocayo does not guarantee the accuracy or reliability of AI-generated content, analytics, or any information obtained through the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOCAYO LABS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL TOCAYO'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO TOCAYO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Tocayo Labs, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content you publish through the Service.
You may terminate your account at any time by contacting us at support@tocayo.ai or through your account settings. Tocayo may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.
Upon termination, your right to use the Service ceases immediately. Published websites on the free tier will be taken offline. Sections that by their nature should survive termination (including Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Arbitration) will remain in effect.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Tocayo agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may bring claims in small claims court if they qualify.
Before initiating arbitration, you agree to first contact us at support@tocayo.ai and attempt to resolve the Dispute informally for at least 30 days. If the Dispute is not resolved within 30 days of the initial notice, either party may proceed to arbitration.
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, if applicable, its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Travis County, Texas, or at another mutually agreed location. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If you initiate arbitration, Tocayo will reimburse your filing fees up to $250 for claims under $10,000. For claims above $10,000, filing fees will be allocated in accordance with AAA rules. Each party is responsible for its own attorney's fees unless the arbitrator determines that a party's claim or defense was frivolous, in which case the arbitrator may award reasonable attorney's fees to the prevailing party.
YOU AND TOCAYO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. YOU AND TOCAYO EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
You may opt out of this arbitration agreement by sending a written notice to support@tocayo.ai within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, any Disputes will be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms within the app and on tocayo.ai, and by updating the "Effective Date" above. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the Service and cancel your account.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tocayo regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer your rights under these Terms without our prior written consent. Tocayo may assign its rights and obligations without restriction.
If you have questions about these Terms, please contact us at:
Tocayo Labs, LLC
Email: support@tocayo.ai
Website: tocayo.ai