Terms of Service

Terms of Service

Last Updated: December 18, 2024

Welcome to Toph-Air. These Terms of Service (“Terms”) govern your access to and use of the Toph-Air platform, website, and services (collectively, the “Service”). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Toph-Air, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

2. Description of Service

Toph-Air is a platform that connects aviation professionals seeking temporary housing (“Tenants”) with property owners who offer crashpad accommodations (“Hosts”). We provide tools for property management, booking coordination, payment processing, document management, and communication between Hosts and Tenants.

3. Eligibility

You must be at least 18 years of age to use our Service. By using Toph-Air, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access to your account

4.2 Account Responsibility

You are responsible for all activities that occur under your account. Toph-Air is not liable for any loss or damage arising from your failure to maintain account security.

5. User Roles and Responsibilities

5.1 Hosts

As a Host, you agree to:

  • Provide accurate information about your properties and available units
  • Comply with all applicable local, state, and federal laws, including housing regulations, safety codes, and tax obligations
  • Maintain your properties in a safe, habitable condition
  • Honor confirmed bookings or provide adequate notice of cancellations
  • Communicate promptly and professionally with Tenants
  • Not discriminate against Tenants based on protected characteristics under applicable law

5.2 Tenants

As a Tenant, you agree to:

  • Provide accurate personal and contact information
  • Treat properties with respect and care
  • Comply with property rules and Host instructions
  • Pay all fees and charges in a timely manner
  • Communicate promptly and professionally with Hosts
  • Vacate properties by the agreed checkout date

6. Bookings and Payments

6.1 Booking Process

Bookings made through Toph-Air are agreements directly between Hosts and Tenants. Toph-Air acts as a platform to facilitate these agreements but is not a party to the rental transaction.

6.2 Payment Processing

Payment processing is handled through our third-party payment processor, Stripe. By using our payment services, you agree to Stripe’s terms and conditions. Toph-Air does not store your full payment information.

6.3 Pricing and Fees

Hosts set their own pricing for units. Toph-Air charges subscription fees to Hosts for platform access, based on the number of beds managed. All fees are clearly disclosed before you commit to any transaction.

6.4 Cancellations and Refunds

Cancellation and refund policies are determined by individual Hosts and communicated at the time of booking. Toph-Air is not responsible for enforcing refund policies but provides tools for Hosts to manage their policies.

6.5 Disputes

Payment disputes should first be addressed directly between Hosts and Tenants. Toph-Air may provide assistance in facilitating resolution but is not obligated to mediate disputes or provide refunds.

7. Content and Intellectual Property

7.1 User Content

You retain ownership of any content you submit to the Service (“User Content”), including property descriptions, photos, documents, and messages. By submitting User Content, you grant Toph-Air a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Service.

7.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

  • You own or have the necessary rights to submit the content
  • Your content does not violate any third-party rights or applicable laws
  • Your content is accurate and not misleading

7.3 Prohibited Content

You may not submit content that:

  • Is illegal, harmful, threatening, abusive, harassing, or offensive
  • Infringes on intellectual property or privacy rights
  • Contains viruses or malicious code
  • Constitutes spam or unauthorized advertising

7.4 Toph-Air Intellectual Property

The Toph-Air Service, including its design, features, functionality, and content (excluding User Content), is owned by Toph-Air and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

8. Electronic Signatures

Toph-Air integrates with DocuSeal for electronic signature functionality. By using our e-signature features, you consent to conduct business electronically and acknowledge that electronic signatures are legally binding.

9. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using Toph-Air, you consent to our data practices as described in the Privacy Policy.

10. Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use automated tools (bots, scrapers) to access the Service without permission
  • Collect or harvest information about other users
  • Use the Service for any fraudulent or unlawful purpose
  • Circumvent any security features or access controls

11. Service Modifications and Availability

11.1 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also modify these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

11.2 Availability

While we strive to provide reliable service, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may perform maintenance that temporarily affects availability.

12. Third-Party Services

The Service integrates with third-party services, including:

  • Auth0 (authentication)
  • Stripe (payments)
  • DocuSeal (e-signatures)
  • Resend (email delivery)
  • AWS S3 (document storage)
  • Google Maps (location services)
  • Sentry (error monitoring)

Your use of these services is subject to their respective terms and conditions. Toph-Air is not responsible for the practices or content of third-party services.

13. Disclaimers and Limitations of Liability

13.1 Disclaimers

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.

TOPH-AIR DOES NOT WARRANT THAT:

  • The Service will meet your requirements or expectations
  • The Service will be uninterrupted, timely, secure, or error-free
  • Results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected

Toph-Air is a platform that connects Hosts and Tenants but does not own, create, manage, or control properties. We do not verify the accuracy of listings, conduct background checks, or guarantee the quality or safety of properties. Users interact directly at their own risk.

13.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TOPH-AIR 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, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL TOPH-AIR’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO TOPH-AIR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Toph-Air and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Toph-Air is headquartered, without regard to conflict of law principles.

15.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association’s rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

15.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Toph-Air individually. To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us or using account closure features in the Service.

16.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms.

16.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service will immediately cease
  • We may delete your account and User Content
  • Sections of these Terms that by their nature should survive termination shall continue to apply

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Toph-Air regarding the Service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Contact Information

For questions about these Terms, please contact us at:

Toph-Air Email: support@toph-air.com

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Service after such changes constitutes acceptance of the revised Terms.