TERMS AND CONDITIONS

Last updated: 31 July 2026

These terms cover use of the TOMA app and the byTOMA.app website. TOMA is operated by Alex Latte Ltd, registered in England and Wales at 5th Floor, 167-169 Great Portland Street, London W1W 5PF.

Using TOMA means accepting these terms. They also serve as the end user licence agreement for the app.

1. What TOMA is

TOMA is a private photography platform for live events. An organiser creates an event, invites participants, and receives everything captured through the app in one place for review and sharing.

1. Licence

We grant a personal, limited, non exclusive, non transferable, revocable licence to use TOMA on Apple devices owned or controlled by the user, in line with Apple's Usage Rules. The app is licensed, not sold.

TOMA must not be copied, modified, reverse engineered, redistributed, or used to build a competing product.

1. Age

TOMA is for people aged 16 and over. An account must not be created by anyone younger.

1. Accounts

An account is needed to create and run events. Participants joining an event do not need one.

Account details are the responsibility of the account holder, who is responsible for activity carried out under it. Accounts are for a single person or business and cannot be transferred or sold.

An account can be deleted at any time from inside the app.

1. Content allowances

Every event includes a free allowance. Larger allowances are bought through the App Store as one off purchases.

Allowances attach to the account that bought them, do not expire, and are not transferable between accounts. They are used as content is kept.

Purchases are made through Apple and are governed by Apple's terms. Refunds are handled by Apple. Requests should go to Apple directly, though we will help where we can.

Prices are shown in the app and may change. A change never affects an allowance already bought.

1. Organisers

The organiser controls an event: who is invited, what is selected, what is shared, and when it closes.

By running an event, the organiser confirms that they have the right to invite the participants, that participants are aware content is being captured, that they have a lawful basis under data protection law for doing so, and that they will handle what they receive lawfully and with care.

An organiser running TOMA on behalf of a client or brand is responsible for that relationship and for what happens to the content afterwards.

1. Participants

Everyone capturing through TOMA keeps the copyright in what they capture.

By taking part in an event, a participant grants the organiser and TOMA the permission needed to store that content, apply the chosen look, and deliver the set to the organiser. That permission exists so the event can work, and for no other purpose.

Content that has been kept is final and cannot be withdrawn by the participant. Retaking before keeping is free and unlimited.

1. Ownership and use

TOMA does not claim ownership of anything captured through the app.

We may use content in our own marketing only where the organiser and the people shown have given us permission in writing. We will never assume it.

The TOMA name, wordmark, looks, and the app itself remain our property.

1. Acceptable use

TOMA is for photographing events. It must not be used to capture or share anything unlawful, anything that harasses or endangers a person, anything indecent, anything involving a child, or anything that infringes someone else's copyright or trade marks. It must not be used to photograph someone who has made it clear they do not wish to be photographed.

We may suspend or close an account, or remove content, where these terms are broken.

1. Deletion and expiry

All content in an event is deleted permanently when its shared link expires, whether or not it was selected. That is by design and it is not reversible.

Everyone receiving a set is told the expiry date and asked to save their own copy. We are not able to recover a set after expiry, and we do not hold a backup for that purpose.

1. Ending the agreement

An account holder may stop using TOMA and delete their account at any time.

We may suspend or end access where these terms are broken, where required by law, or where we stop offering the service. If we stop offering the service, we will give reasonable notice so that content can be saved first.

Unused allowances are not refundable on closure of an account by the account holder.

1. Availability

We work to keep TOMA running, but we cannot promise it will be available without interruption. Maintenance, updates, and matters outside our control may affect it.

1. Support and warranty

We are solely responsible for the app and for any support relating to it. Apple has no obligation to provide any maintenance or support.

Apart from anything set out in these terms, the app is provided as it is. Where a consumer's legal rights are affected, nothing here removes them.

1. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

For consumers. Nothing in these terms affects rights under the Consumer Rights Act 2015. We are responsible for loss that is a foreseeable result of us breaking these terms, and not responsible for loss that is not foreseeable.

For business users. We are not liable for lost profit, lost business, lost opportunity, loss of goodwill, or for content that was not saved before a link expired. Our total liability in connection with TOMA is limited to the greater of the amount paid to us in the twelve months before the claim, or one hundred pounds.

1. Apple

The agreement is between the user and Alex Latte Ltd, not Apple. Apple is not responsible for the app or its content.

Any claim that the app fails to conform to a warranty may be directed to Apple, who may refund the purchase price. Beyond that, Apple has no warranty obligation.

We, not Apple, are responsible for any claim relating to the app, including product liability claims, claims that the app fails to meet a legal requirement, and claims arising under consumer protection law. We, not Apple, are responsible for investigating and resolving any claim that the app infringes a third party's intellectual property.

The user confirms they are not located in a country subject to a United States government embargo, and are not on any United States government list of prohibited or restricted parties.

Apple and its subsidiaries are third party beneficiaries of these terms, and may enforce them against the user.

1. Changes

These terms may change. The date at the top changes with them, and anyone with an account is told inside the app. Continuing to use TOMA after a change means accepting it.

1. Law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. A consumer resident elsewhere in the United Kingdom may bring proceedings in their own courts.

1. Contact

info@bytoma.app Alex Latte Ltd, 5th Floor, 167-169 Great Portland Street, London W1W 5PF