TobiPhone Device Subscription Terms and Conditions

This Device Subscription User Agreement (“Agreement”) is entered into by and between Tobi Technologies, a California business with its principal place of business at 71 Olema-Bolinas Rd, Bolinas, California 94924 (“TobiPhone”, “we”, “us” or “our”) and the individual subscriber (“User”, “you”, or “your”). The Agreement sets out the legally binding terms and condition for your use of a TobiPhone device, including the software embedded in the TobiPhone device; and the TobiPhone subscription, including provision of a TobiPhone Device and access to the Services. By enrolling in the subscription, paying the activation fee, or using the Device, you agree to be bound by this Agreement. 

These Terms and Conditions (“Terms”) are effective as of February 13, 2026 (the “Effective Date”). By accessing, purchasing, or using the Device on or after the Effective Date, you agree to be bound by these Terms. TobiPhone may update these Terms from time to time. If TobiPhone makes material changes to these Terms, TobiPhone will notify you and update the “Last Updated” date above. Continued use of the Device or Services after any changes become effective constitutes acceptance of the revised Terms.

1.   Subscription Model and Device Use 

1.1.  Subscription Structure: TobiPhone will provide you with use of a mobile device—iPhone 16, iPhone 16e, or similar—(”the Device”) for the duration of your active subscription. Ownership of the Device remains at all times with TobiPhone. Wireless service is not included with the subscription and must be obtained separately by you. 

1.2.  Minimum Commitment: The minimum subscription commitment is twenty-four (24) months. Early cancellation does not relieve you of payment obligations for the remainder of the minimum term, except as detailed in the 30-Day Satisfaction Guarantee. 

1.3.  Permitted Use: The Device is pre-configured through TobiPhone’s secure setup with a set of essential applications. These applications are pre-installed and locked; no applications may be added without approval or configuration by TobiPhone.

1.4.  Software Controls: You acknowledge and agree that: 

·       Software limitations are an essential part of the TobiPhone Device service;

·       You may not attempt to bypass, disable, modify, or interfere with any software restrictions; and 

·       Available applications and features may change over time at TobiPhone’s discretion. 

1.5    No Ownership or Equity: This Agreement does not transfer any ownership interest in the Device to you.        

2.   Eligibility and Use by Others

2.1.  Eligibility: You must be at least eighteen (18) years old and legally capable of entering into a binding contract. 

2.2.  Use by Minor Children or Other Third Parties: You may allow your minor child(ren) or other third parties to use the Device. However, you remain fully responsible for: 

·       All use of the Device by any person, where a minor or an adult; 

·       Compliance with this Agreement; and 

·       All charges, damages, and obligations arising from such use.

2.3  Supervision: TobiPhone does not monitor or supervise how the Device is used by you or any other person. 

3.   Fees, Billing, Deposit, and Taxes

3.1.  One-Time Activation Fee: You must pay a one-time, non-recurring activation fee of $199 at the time of enrollment (the “Activation Fee”), subject to the 30-Day Guarantee described below. 

3.2.  Monthly Subscription Fee: The subscription fee is $34.99 per month, billed in advance.

3.3.  Minimum Commitment: You agree to a minimum subscription commitment of twenty-four (24) months at $34.99 per month. 

3.4.  Automatic Renewal After Initial Term: After the initial twenty-four (24) month commitment is complete, your subscription will automatically continue on a month-to-month basis at $34.99 per month, unless you cancel in accordance with the cancellation instructions provided in this Agreement. 

3.5.  Taxes: You are responsible for all applicable use or similar taxes. 

3.6.  Non-Payment: Failure to pay any amount when due may result in suspension or termination of service and your obligation to return the Device. 

3.7.  30-Day Satisfaction Guarantee

3.7.1.     Guarantee Period: If you are not satisfied with the Device or service, you may cancel your subscription within thirty (30) days of initial delivery of the Device (the “Guarantee Period”). 

3.7.2.     Return Condition: To qualify for a refund, the Device must be returned in original condition, with no damage beyond normal handling, and in accordance with TobiPhone’s return instructions. 

3.7.3.     Refunds: Upon timely return of the Device in acceptable condition: 

·       Your monthly subscription payment(s) will be refunded; and

·       Your $199 Activation Fee will be refunded 

3.7.4.     Exclusions: Damage, loss, or failure to return the Device may void eligibility for the 30-Day Guarantee. 

4.   Device Care, Damage, Loss, and Replacement

4.1.  Standard of Care: You agree to use and care for the Device in a reasonable manner. 

4.2.  Damage: You are responsible for damage beyond normal wear and tear. 

4.3.  Replacement for Damage: If the Device is damaged, TobiPhone may, at its discretion, offer a replacement Device in exchange for payment of a device exchange fee at a rate determined by TobiPhone. 

4.4.  Loss or Theft: If the Device is lost or stolen, you must notify TobiPhone immediately. You may be responsible for replacement costs. 

4.5.  Shipment and Risk of Loss

4.5.1.  Shipment from TobiPhone to You: Risk of loss or damage to the Device will pass to you upon delivery by the carrier for shipment to your designated address. 

4.5.2.    Shipment from You to TobiPhone: When returning, exchanging, or shipping the Device to TobiPhone for any reason, you bear all risk of loss or damage until the Device is delivered by the carrier for shipment to the TobiPhone delivery address, as specified by TobiPhone. 

4.5.3.  Shipping Instructions: You agree to follow TobiPhone’s shipping and packaging instructions. Failure to do so may result in additional charges or denial of replacement or activation fee refund. 

5.   Software, Data, and Updates 

5.1.  Pre-installed and Third-Party Software: The Device includes software subject to third-party license terms. 

5.2.  Updates and Remote Management: TobiPhone may remotely install updates, modify configurations, or restrict functionality to maintain the service. 

5.3.  User Data: You are solely responsible for backing up all data. TobiPhone is not responsible for loss of data. 

6.   Prohibited Conduct: You agree not to:

·       Attempted to remove, bypass, or jailbreak software restrictions; 

·       Download or attempt to access prohibited applications; 

·       Resell, lease, sublease, or transfer the Device; 

·       Remove serial numbers, tracking, or security features; or 

·       Use the Device for unlawful or harmful purposes. 

7.   Termination and Cancellation

7.1.  Termination by You: You may request cancellation at any time, subject to the twenty-four (24) month minimum commitment and any applicable early termination obligations. 

7.2.  Termination by TobiPhone: TobiPhone may, at its discretion, suspend or terminate your subscription at any time, including for non-payment, breach of this Agreement, or misuse of the Device.

7.3.  Effect of Termination: Upon termination or expiration, you must return the Device in good working condition (reasonable wear and tear expected) within 14 calendar days. 

8.   Disclaimer of Responsibility for Use 

8.1.  No Monitoring or Control: TobiPhone does not monitor, supervise, or control how you or any user, including minors, uses the Device. TobiPhone does maintain and control the applications provided on the Device, but does not otherwise control how the Device is used.

8.2.  User Responsibility: You acknowledge that improper, excessive, or inappropriate use of the Device may have personal, social, or developmental consequences. TobiPhone is not responsible or liable for such use or its effects. 

9.   Warranties and Disclaimers

9.1. As-Is: The Device and service are provided on an “AS IS” basis. 

9.2 Disclaimer: To the maximum extent permitted by California law, TobiPhone disclaims all warranties, express or implied. 

10. Limitation of Liability: To the maximum extent permitted by California law, TobiPhone shall not be liable for indirect, incidental, special, or consequential damages. TobiPhone’s total liability shall not exceed the amounts paid by you in the three (3) months preceding the event giving rise to the claim. 

11.  Indemnification: You agree to indemnify and hold harmless TobiPhone from any claims, damages, or losses arising from your use of the Device or violation of this Agreement. 

12.    Dispute Resolution and Governing Law 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS

12.1.1. Good Faith Efforts: The Parties agree to use reasonable, good-faith efforts to promptly and amicably resolve any dispute arising from this Agreement. 

12.1.2. Mediation: If a dispute cannot be resolved through good-faith efforts, the Parties agree to attempt resolution through mediation administered by Resolution Remedies LLC (Marin County, California) or, if unavailable, by the American Arbitration Association (“AAA”) or another mutually agreed provider. Mediation is non-binding and confidential. 

12.1.3. Binding Arbitration: If the Parties cannot resolve the dispute after at least one mediation session (unless mutually agreed otherwise), the dispute shall be resolved by binding arbitration administered by Resolution Remedies LLC in Marin County, California, or, in unavailable, by AAA in San Francisco, California. Arbitration shall be conducted fairly, privately, and efficiently, with each Party afforded a reasonable opportunity to present its case. 

12.1.4. Arbitration Rules: The arbitration will be governed by the rules of the administering body then in effect (e.g., Resolution Remedies or AAA rules), including provisions governing cost allocation, arbitrator selection, confidentiality, and award issuance. The arbitrator’s written decision shall be final and binding, subject only to rights of judicial review under California law. 

12.1.5. Exclusive Remedy; Injunctive Relief: Arbitration is the exclusive forum for dispute resolution except that either Party may seek interim or emergency injunctive relief in a court of competent jurisdiction to preserve rights pending arbitration. 

12.1.6. Waiver of Jury Trial: THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO THIS SECTION TO THE EXTENT PERMITTED BY LAW. 

12.1.7. Non-Waivable Rights: Nothing in this section is intended to waive rights that cannot be waived under applicable California law. 

12.1.8. Governing Law: This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. 

13.        Miscellaneous

13.1.1. Entire Agreement: This Agreement constitutes the entire agreement between you and TobiPhone. 

13.1.2. Changes: TobiPhone may update this Agreement with notice. Continued use constitutes acceptance. 

13.1.3. Severability: If any provision is held unenforceable, the remainder shall remain in effect. 

13.1.4. Assignment: You may not assign this Agreement without prior written consent. 

By subscribing, you acknowledge that you have read, understood, and agree to this Agreement.