The TOMi.digital platform was born as an application that allows to create, share and present various digital content, which has established itself in the market as a tool that supports the transformation of traditional training scenarios (hereinafter the 'Platform'). This Platform and the functionalities developed in it are owned by TOMI INC, as well as its subsidiaries located in the different countries where it is enabled (collectively referred to as 'TOMI').
We thank you for being part of our Platform and for using TOMI's products and services, which allow you to upload and access educational content to be shared, published and made available by educators to students or the general public via Internet connection or remote access (hereinafter referred to as the 'Services').
The following are the terms and conditions of use and access to the Platform, as well as all content posted on the Platform, including videos, photographs, or any other material that may be reproduced on the Platform (hereinafter the 'Terms and Conditions' or 'T&Cs').
The use of the Platform and its Services by you as a teacher, student or parent (hereinafter 'User') is only considered authorized and valid when performed in compliance with these Terms and Conditions and other ancillary and/or complementary provisions that are mandatory by the application of local regulations of any of the countries where the Platform owned by TOMI operates. An example of these supplements and/or accessories is the Privacy Policy of TOMI, which is understood as part of these T&Cs.
The Platform is constantly updated in order to make improvements, correct errors, integrate technologies and include new features, derived of this, as a User you accept that we reserve the right to make adjustments, modifications or deletions that allow us to deliver you as a User the best experience on quality education, available both online and offline. We know that this adjustment process may generate some inconveniences in your experience with the Platform, but rest assured, we will work tirelessly to make this as short as possible.
If the modifications to be made to the Platform involve adjustments to these T&Cs, in addition to sending communication of such change to your Registered email address, we will post notices regarding the modifications on the Platform. The modifications will become effective no less than 3 days from the date of their publication on the Platform website. Notwithstanding the foregoing, modifications that affect the new functions of one or more of the Services or those changes that are made due to legal requirements will take effect immediately, depending on the country where you are, and will also be communicated to you by mail and through the website of the Platform.
a. Register
As interested in using the Platform and accessing its services, you must register and create a personal account on the websitehttps://tomi.digital, where you will indicate what type of user you are, Teacher, Student or Parent, filling out the personal information we request, which you give freely and taking into account the authorization of personal data processing indicated there, as well as the Policy of Personal Data Processing, always available on TOMi’s website.
Likewise, and for your convenience, you can register by linking to your Gmail account to avoid having to fill out the personal information we require for the creation of a personal account.
b. Account type
With your registration, and depending on the type of User you are, your account will allow you to access the Services in different ways:
I. Teacher:
This Platform is specially designed for you, so that you can share your classes and content with your students and with all other students or teachers who access the Platform.
With the creation of your profile, you will be able to choose from the following plans:
Free plan:
This is chosen by default, and will allow you to do the following:
You will be able to create your own content on the platform, as well as make use of classes, content, questions or activities (1) published by other teachers, which you can use in a class in your profile.
The duplication tool will allow you to take all the content of a previously published class with its activities or content included, and on these you will be able to carry out modifications such as deleting, adding or adjusting what was included in that class.
TOMI provides you with a database of questions, activities, videos, images and other tools that are used in the published classes, in a way that depending on the class you want to publish, you can access material or inputs that other teachers have already created and thus encourage the creation of knowledge and collaborative learning!
The possibility of creating classes is unlimited, so you will have no restrictions on the number of classes you want to publish on the platform.
Through the TOMi.digital app, you can download lessons and allow your students to access them in the classroom without an internet connection, providing you have a TOMi device (2)
With this profile, all your classes will be public.
You will be able to generate classes for live presentation or schedule them as described below.
With both types of classes you will be able to share a link or an alphanumeric code that represents the particular class. Through this link or code, students will be able to enter with a registered user or with the nickname of their choice. In the case of a registered user you will be able to know which student logged in and developed the class.
Otherwise, it may be difficult to identify the nickname and control who performs the activities in your classes.
You can activate this requirement for your classes when presenting or scheduling the class in the Platform.
With these reports you will be able to visualize who enters your class and the answers they give to the questions or activities you include.
(1) You can create or use resources such as:Single choice, Multiple choice, True/False, Order, Matching to text, Matching to image, Complete the sentence and/or Find word.
(2) Concerning TOMi Play and TOMi 7 devices, you should review their terms and conditions of use to integrate them into your activity as a Platform Teacher.
Also, TOMI offers an additional plan, which has a particular cost published on the web page https://tomi.digital/pricing/teacher/plans. That plan is:
PRO Plan
With this plan, you will have, in addition to the above mentioned, access to:
Use of the classes
You will be able to share your classes in two modalities:
You will be able to adjust this period whenever you want, always with a maximum of 30 days before your modification date.
For your classes, we provide the following tools:
II. Students
You will always be able to access the content of the Platform, without the need to create a personal account.
Now, depending on whether your Teacher requires it, your registration may be necessary for your learning activities. This happens when the Teacher shares with you a link or class code, which will ask you to log in or create an account to access the content they have shared with you to learn.
This registration is done so that your teacher has greater control over the classes you are assigned and your performance in them, so that your learning is always accompanied by him.
III. Parent
At the time of registration, all new users must provide their date of birth, in case of registering as a student and being a minor, you must enter the email of a parent.
At this point it is important for you to know that registering is not a mandatory step for your child to access the published content. However, the fact of registering in the Platform will allow the Teacher to have a personalized follow-up of the classes your child takes and his or her performance in them, so that there is a personalized follow-up of his or her learning.
If you register as a parent, you will have access to create and assign live or scheduled classes for your child, in addition to all the functionalities that teachers have access to in tomi.digital and students in play.tomi.digital.
c. Password modification
You will be able to use the password change or recovery tool while logged into your personal account through your user profile, in case you do not remember your password through the 'Forgot your password' option available before logging in.
d. Account cancellation
The fact that you are using our Platform is a pleasure for us, however, if you decide to cancel your account, you can always do it, also from your user profile.
However, if due to your behavior on the Platform we consider that you can no longer use it, we may cancel your account, which will be informed to your registered email. If this happens, we will delete all your information from our databases.
Through the use of the Platform Services, you can access different types of content, over which TOMi does not always have full control over what is included in the videos, lessons or other material that is incorporated by any of the Users.
In that regard, we count on your support to allow us to identify appropriate content that respects intellectual property rights and copyrights, as well as content of value that allows access to knowledge to all our Users.
Thus, within each of the contents to which you have access in the Platform, you will be able to make a report through the 'Report Class' button that is in the drop-down options with ellipses in each lesson.
When you select it, the following report options will appear:
a. Rights Violation
i. You are using my content,
ii. You are using a trademark, logo or other distinctive property of mine.
b. Inappropriate content,
i. Contains inappropriate or vulgar language
ii. Contains inaccurate or outdated information
iii. The resource is not useful
In relation to reports of inappropriate content, your complaint will be logged and will be taken into account for automatic regulation, based on the number of reports from the community.
When selecting the reports of violation of trademark, logo or other distinctive rights, as well as for content of a different author, you must generate a description of the violation of any right and support of the trademark ownership or ownership of the content and contact information, or a description of why you consider that a content is inappropriate.
With such a report you will receive by e-mail a confirmation for your control and follow-up.
Once we have reviewed the case you report, we will send you within the following (*) days a response to your report, informing you of the findings we obtained from analyzing the report, as well as the decision that proceeds against it, which may be any of those that will be exposed below.
a. Report procedure
Once the report is filed, our staff will make a first study of the report and will act on one of the following options, which will be taken by us according to the information you provide with your report:
I. Restrict access to the reported content to those who are registered or who the Teacher allows access;
II. Make the reported content invisible to all students, without removing it from the platform, while the necessary investigations are carried out (this decision is taken when five (5) or more reports are generated for the same class or content, regarding one of the types of inappropriate content referred to above); or
III. To remove the content due to a clear violation of rights or inappropriate content. The above on the basis of having received sufficient evidence to verify the infringement or inappropriateness of the content.
With this initial decision taken and executed, except if there was already a final decision due to the evidence provided, we will start the complaint validation procedure, as follows:
We will do this initially by email, to obtain a response within a maximum of five (5) working days, where the User must present the arguments in defense of the complaint, as well as the evidence it believes relevant to the case, and updated contact information in case we see necessary to contact the User and deepen the information received.
A favorable result is given to the User who publishes, in which case the complainant will be informed of such result, as well as the justification for it.
In the event that the complainant maintains its position and wishes to file additional complaints, the same process will take place. In the event that the conclusion of the investigation is the same, the User will be informed that, based on the evidence provided by the User and the teacher, the content does not violate any rights.
A favorable result is given to the complainant User, in which case the User who published the content will be informed of the decision with the relevant justifications.
In the event that the User who publishes the content wants to complain about the decision, he/she may do so, attaching the necessary support, which will be analyzed and the decision will be communicated according to the complaints process.
In cases where the complaining Users abuse the complaints channel available, there may be a block to be applied to that User, which will be communicated in advance via email or by telephone.
In the case of maintaining unjustified claims or those on which there is already, in our opinion, sufficient evidence not to be appropriate for a study, the user's account may be deleted because the user is abusing a right that we are giving to report content.
Being the Platform enabled for various jurisdictions, we understand that the application of intellectual property rules and copyright on the content uploaded on it may have nuances in terms of application, recognition and validation of these rights.
However, without prejudice to the application of such particular regulations of each country where the Platform operates or is available, TOMI understands that it is essential to consider respect for the rights set forth herein, so it will apply the following general rules regarding the defense of intellectual property rights and copyrights of the content posted on the Platform.
a. Responsibility for the Content posted
As the Platform has an educational purpose, as a User you can upload or view content of your choice or that has been uploaded by other Users.
With respect to such content, you have as a User the responsibility to respect the intellectual property rights and copyright that may relate to it, so that everything you upload as content corresponds to creations of your authorship as a general rule, that the author of the content is recognized or that you have the licenses to use trademarks or other components with intellectual property rights.
In the event that other Users or third parties who know the content through Internet report it for violating intellectual property rights or copyrights, and this is proven by following the above procedure, you must as a User hold harmless TOMI against any claim, administrative and/or judicial process that may be filed for the violation of those rights, responding and covering any damage, penalty or foreseeable or unforeseeable, punitive, restorative or any other nature that is ordered or ruled against TOMI for the violation of the rights of other Users or third parties for the content you have published.
Additionally, you agree that you may not carry out unauthorized downloads of content from other Users in your personal devices or other means that you could have access for purposes of reproduction, use, marketing, exploitation, transmission, distribution, uploading to other platforms or websites, to republish them on the Platform or to carry out any other treatment, including reverse engineering or other technological development, as this constitutes a violation of the rights of intellectual property and/or copyright of a User.
Similarly, you agree that TOMi will not be liable to any judicial or administrative authority in the event that a User or third party accessing the Platform can take content of which you are the author and download, record, reproduce, distribute, market or run any other reverse engineering tool to obtain the content of your authorship.
Thus, we may at any time carry out reviews of the ownership of the content that is uploaded to the Platform, to carry out the same investigation process that is established in the report of content, only in terms of obtaining from you as a User the evidence to prove that the content is yous, or that you have authorization from the rightful owner to share, reproduce, use and/or carry out any treatment on the Platform or other means.
b. Exceptions to the violation of rights.
Notwithstanding the application of regulations of particular jurisdictions, the reproduction and/or use of copyrighted content may include certain exceptions, among which are, by way of example and subject to verification by TOMi, the use of content for educational or other purposes, such as the absence of particular profit motive.
These exceptions, regardless of what is regulated in each jurisdiction, will always require the User who is going to use the content of a third party, to acknowledge categorically and explicitly the reference to the true author of the content, the name of the work, its publication date, as well as any other relevant information that allows other Users and/or third parties to access the content that served as inspiration or basis for the content published by a particular User on the Platform. This requirement is mandatory by TOMi to upload third-party content on the Platform, in addition to what each local regulation may require against the User who wants to make use of proprietary information of a third party.
The foregoing shall apply to content protected by intellectual property rights to be shown by the user who uses any material protected by such rights, the authorization of the rightful owner for use, reproduction, uploading or any other treatment to be part of the Platform.
Likewise, the case by case analysis of the infringement of intellectual property rights or copyrights and the application or not of exceptions to such infringement shall be made in accordance with the applicable regulation of the country from which the infringement of these rights is claimed, in order that when studying the reports by users or third parties, this will be taken into account.
c. Access to content by TOMI
By using the Platform, you grant in favor of TOMI authorization, license or validation for the use of the content you publish, whether of your authorship or from third parties, assuming responsibility for the content in the terms of paragraph a above.
The above under the understanding that TOMi will keep it available on its platform for purely educational purposes, and that you are aware of the indemnities mentioned in these Terms and Conditions on the authorship of the published content.
With your acceptance you will generate a repository of activities, questions, video links, images, and classes that can be used by any teacher who registers on the Platform to create their own classes, and in that regard you agree that there will have no claim against TOMi or another teacher when using the content uploaded to the platform.
In case you breach these Terms and Conditions as a User, TOMI may, at its discretion, and always sending a communication of the justified decision, one of the following consequences:
a. Suspension of the published content;
b. Temporary and/or definitive suspension of the account;
c. Deletion of the account; or
d. Taking civil or criminal actions executed by the User in the Platform.
These consequences of breaching the T&Cs may be taken by TOMI autonomously and justified, taking into account:
a. The seriousness of the breach;
b. The recurrence of the breach; or
c. The evidence obtained of the breach.
The Platform shall be used solely as a means for the application, registration, management, and administration of the Services.
TOMI excludes any liability for damages of any kind that may be due to the use or access to the Platform Services, which are caused directly or indirectly by any action you take, and in particular, but not exclusively, for damages that may be due to:
a. Failure to comply with the law, morality and generally accepted good customs or public order as a result of the use, use or management of the Services, and its control through the Platform;
b. Infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, the rights to honor, personal and family privacy and personal image, property rights, and any other kind, belonging to a third party as a result of the use, use or management of the Platform Services, for reasons not attributable to TOMI;
c. The lack of truthfulness, accuracy, completeness, relevance and / or timeliness of the information provided to apply for a personal account on the Platform, as well as the management of the Services of the same; and
d. Eventual damages and / or damages caused to you and / or third parties in their rights and / or property due to or in connection with the use of the Platform, including situations of identity theft or fraud.
In addition to this, TOMI is not responsible for:
a. Functionality limitations derived from or related to the services of third party telephony or internet connection service providers.
b. Network crashes and/or any kind of damage of any nature, whether consequential or lost profits, which may be caused as a result of access and/or use of the Platform or its Services.
c. Interruptions or malfunction of the Services offered by the Platform when these are derived from causes external to TOMI, regardless of the cause, magnitude or time.
d. The use of your personal account on the Platform by third parties not authorized by you, or to whom you have given access to your personal account, to the extent that it was not due to negligence or fault of TOMI or its representatives.
Finally, we would like to remind you that the confidentiality of the data included in your Platform account and the access password are your sole responsibility.
As a user of the Platform you can have contact and attention through the virtual chat available on the website tomi.digital as well as through the channels for sending requests, complaints or claims, these being the customer service email: soporte@tomi.digital, or the hotline +15714448664 in the United States of America.
TOMI is not responsible for and has no relationship with the companies that publish their ads in the sections intended for that purpose in the Platform.
Their inclusion corresponds to a funding mechanism of our activity, which is managed by Google digital marketing tools or other search tools.
The products or services published in these ads are not owned by TOMI and we will not be responsible for what you as a user of the Platform suffer by clicking on these ads.
Once you leave our website by using the ads, TOMI is not responsible for what may occur.