Tommy is excited to welcome you as a Team Account Subscriber to create your ideal Team experience on our Platform! Tommy’s Team Subscription Agreement is intended to ensure Users are fully aware of the Team Account obligations.
This Team Subscription Agreement is part of the Terms and specifically highlights how the purchase and use of Tommy Services is governed. By accessing or using a Team Subscription Plan, the Tommy Account User agrees to the Terms incorporating this Team Subscription Agreement. If the individual controlling the Tommy Account accepting this agreement is accepting on behalf of a company or other legal entity, such individual warrants and represents that they are over 18 years of age and have the authority to bind such entity and its affiliates to these Terms.
This Team Subscription Agreement is effective between User and Tommy as of the date of User accepting this Agreement.
- “Active Users” means the Tommy Accounts that have both been granted access to the Team Account and at least one API transaction has occurred to alter that Tommy Accounts data within Tommy’s Platform within a billable period.
- “Additional Services” means any services which Tommy agrees to provide to the Team Account during the Team Subscription Term in addition to the Team Subscription Services, including the provision of consulting, customisation, implementation, training, integration or other services.
- “Application” means any software application, functionality, website, product, or service that is provided by Tommy that uses Tommy’s APIs or that otherwise integrates with the Platform.
- “Data” means data, information, or other content uploaded, posted, stored, transmitted, exposed, or otherwise made available through the Platform, including by Users when using Applications.
- “Fees” means any fees or other amounts payable by Users to Tommy under this agreement, including the Team Subscription Fees, the Optional Usage Fees and any fees for the provision of Additional Services.
- “Free Subscription” means access to a version of a Team Account and the Team Subscription Services that Tommy makes available to Tommy Accounts at no charge from time to time.
- “Improvement” means any modification, alteration, development, new use or other change to the Application which makes it more accurate, more useful, more functional, more efficient, more cost effective or in any other way preferable.
- “Optional Usage Fees” means additional fees for optional usage based aspects of the Application (such as SMS messaging).
- “Paid Subscription” means access to aspects of the Application and the Team Subscription Services that Tommy makes available to Users in return for the payment of Team Subscription Fees from time to time.
- “Payment Method” means any credit card, bank card, bank account or other payment facility, details for which are provided by the Team Admin to Tommy in connection with the payment of the Fees.
- “Platform” means Tommy’s online hosted services, www.mytommy.com and its subdomains, as well as our mobile applications and downloadable software.
- “Tax” means a goods and services tax, a value-added tax, a consumption tax or a tax of a similar kind.
- “Terms” means Tommy’s Terms of Service, available at https://mytommy.com/terms/
- “Tommy” means Tommy Associates Pty Ltd (A.C.N 162576758), which does business as Tommy. Tommy is also referred to as “we” or “us” in this Agreement.
- “Team Account” means a kind of service Tommy may offer, capable of having Team Members, under the control of a Team Admin, each with its own Team Subscription Plan.
- “Team Admin” means a Tommy Account that has created and/or has administrative authority over a Team Account.
- “Team Member” means a Tommy Account that has been associated to a Team Account with participant authority.
- “Team Subscription Term” means the period between the start and end timeframe of a Team Subscription Plan.
- “Team Subscription Plan” is a plan that you can sign up for that allows Team Accounts to use certain aspects of Tommy, either for free or for a fee.
- “User” means any authorised Tommy Account on the Platform, as well as anyone who interacts with the Platform, or whose Data is on the Platform.
Billing
For any paid Team Subscription Plan, the Team Admin agrees to make payments, and we may automatically charge the Payment Method, as described below, for so long as the Team Account remains active. You must provide Tommy with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorise us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in United States dollars, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. Any change to a Team Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in the Terms. Team Subscription Plans may set allotments for use of designated Service aspects. Use of Service aspects in excess of a Team Subscription Plan’s designated allotment may result in Optional Usage Fees, as specified in the plan, and such fees will be included in a true-up invoice or charged automatically via the Payment Method. You will pay applicable taxes, if any, relating to any such transaction and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees. We currently use Stripe as our third-party service provider for payment services, and by using Tommy you agree to be bound by Stripe’s Services Agreement, available at stripe.com/us/legal. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in this Team Subscription Agreement and the Terms.
Changes
If you elect to use a paid Team Subscription Plan, you agree to the pricing and payment terms specified at checkout, at mytommy.com/plans/, as otherwise posted or communicated to you, as we may update them from time to time. We may change Team Subscription Plans by offering new services for additional fees and charges and adding or amending fees and charges for existing Team Subscription Plans in our sole discretion. When we make changes to the Team Subscription Agreement, we will change the “Last updated” date at the beginning of this Team Subscription Agreement. If we make material changes to the Team Subscription Agreement, we may notify you by email, by prominent posting on Tommy’s website or other messaging through the Platform, or through other appropriate communication channels. All changes will be effective from the date of publication unless otherwise stated.
Renewals
Your subscription continues until cancelled by you or we terminate your access to or use of Tommy in accordance with the Team Subscription Agreement and the Terms. All Team Subscription Plans will automatically renew until cancelled by you for renewal terms equal in length to the original Team Subscription Term. If you do not want a Team Subscription Plan to renew, the Team Admin must cancel it at least thirty (30) days before the end of the Team Subscription Term by providing written notice to us of such cancellation (including by email to [email protected] or via your account settings page on your Tommy Team Account). If you purchase a Team Subscription Plan, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your subscription, using the Payment Method provided, until you cancel your subscription. By agreeing to the Team Subscription Agreement and the Terms and electing to purchase a Team Subscription Plan, you acknowledge that your Team Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.
Cancellations
If we terminate your Team Subscription Plan, except in the event of your breach or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Team Subscription Term. You are not entitled to a refund for any Team Subscription Plan that you cancel. If you cancel or terminate your Team Subscription Plan, your right to use Tommy will continue until the end of your then-current Team Subscription Term and then terminate without further charges.
Late Payments
Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due, accrued daily and compounded on the monthly basis or the maximum amount allowed by law, whichever is less (plus the costs of collection).
If you have any questions about the Team Subscription Agreement, please contact us at [email protected].
