Toph — Terms of Service

1. Description of service

Toph is a voice-first agricultural compliance logging platform. The App enables farmworkers to record field activities by voice and enables farm managers to review activity logs, manage workers, and generate audit-ready compliance reports.

The App is intended exclusively for use by agricultural operations and their authorized personnel. It is not a consumer product and is not intended for personal, household, or non-agricultural business use.

2. Eligibility

You must be at least 18 years of age to create an account and use the App. By using the App, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You are using the App for legitimate agricultural compliance purposes
• If using the App on behalf of a farm or business entity, you have the authority to bind that entity to these Terms

If you do not meet these requirements, you must not use the App.

3. Account registration

3.1 Account creation

To use the App, you must register for an account using a valid email address. You may also be invited to join an existing farm account by an authorized manager. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information as needed
• Use only one account per person unless expressly authorized by Toph

3.2 Account security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account, whether or not authorized by you
• Immediately notifying us at gavinhua@usc.edu if you suspect unauthorized access to or use of your account

We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized use of your account.

3.3 Account types

The App supports two account types:

• Worker Accounts: for logging field activity, voice recording, and document capture
• Manager Accounts: for reviewing worker logs, managing team members, configuring settings, and generating compliance reports

Your account type and associated permissions are set by your organization's administrator. Toph is not responsible for access permissions granted or revoked within your organization.

4. Acceptable use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree that you will NOT:

• Use the App for any purpose other than legitimate agricultural compliance, activity logging, and related farm management functions
• Submit false, misleading, fabricated, or fraudulent information in your activity logs, account profile, or any communication with Toph
• Access, view, or tamper with another user's account, data, or records without explicit authorization
• Attempt to probe, scan, or test the vulnerability of the App or any associated system or network
• Attempt to reverse engineer, decompile, disassemble, or derive source code from the App or its underlying systems
• Use automated tools, scripts, bots, crawlers, or scrapers to access or interact with the App
• Upload, transmit, or distribute malicious code, viruses, worms, or any software intended to damage or interfere with any system
• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use
• Violate any applicable federal, state, local, or international law or regulation in connection with your use of the App
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

Toph reserves the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating accounts.

5. Device permissions

The App requires access to certain device features to function. By using the App, you grant Toph and our service providers permission to access the following as applicable to the features you use:

• Microphone: required for voice activity logging, the core feature of the App
• Speech Recognition: required for transcribing voice logs into structured activity records
• Camera and Photo Library: required for capturing and uploading field documents, pesticide labels, and compliance paperwork
• Precise Location: required to associate logged activities with field locations during active logging sessions
• Face ID / Biometrics: optional; used to protect saved login credentials if you choose to enable this feature
• Siri / App Shortcuts: optional; used to enable hands-free initiation of voice logging sessions
• Background Audio: used to maintain active voice sessions when the device screen locks during a logging session
• Local Network: used for LAN-based API connectivity in farm office environments

You may revoke any of these permissions at any time in your device's Settings app. Revoking permissions may disable one or more core App features.

6. User content

6.1 Ownership

You retain full ownership of the voice recordings, photos, documents, text entries, and activity logs you create using the App ("User Content").

6.2 License to Toph

By submitting User Content through the App, you grant Toph a non-exclusive, worldwide, royalty-free, sublicensable license to store, reproduce, process, transmit, and display your User Content solely to the extent necessary to provide the Services to you and your organization. This license terminates when you delete the content or close your account, subject to retention obligations described in our Privacy Policy.

6.3 Accuracy of logs

You are solely responsible for the accuracy, completeness, and integrity of the activity logs and compliance records you create using the App. Toph does not verify the factual accuracy of field logs. You acknowledge that:

• AI transcription may introduce errors and all logs should be reviewed before use in formal compliance submissions
• Compliance with all applicable federal, state, and local agricultural regulations remains your sole responsibility
• Toph makes no representation that records generated by the App will satisfy the requirements of any particular auditor, certifying body, or government agency

6.4 Content standards

You agree not to submit User Content that:

• Is false, fraudulent, defamatory, obscene, or harassing
• Infringes the intellectual property, privacy, or other rights of any third party
• Violates any applicable law or regulation
• Contains personal information about third parties without their consent

Toph reserves the right to remove User Content that violates these standards.

7. AI and voice processing

The App uses artificial intelligence services, including Google Gemini (accessed via Pipecat), to transcribe and structure your voice recordings into activity log entries. By using voice logging features, you acknowledge and agree that:

• AI transcription is not guaranteed to be error-free. You are responsible for reviewing and correcting transcribed logs before relying on them for compliance purposes.
• Your voice data will be transmitted to and processed by third-party AI providers as described in our Privacy Policy.
• Toph does not guarantee that AI-generated logs, reports, or summaries will satisfy the specific documentation requirements of any audit standard, regulatory body, or certification program.
• You retain responsibility for all compliance obligations regardless of the output of any AI processing.

8. Intellectual property

8.1 Toph's property

The App, including its software, design, user interface, trademarks, service marks, logos, and all content created by Toph (excluding User Content), is owned by or licensed to Toph and is protected by applicable United States and international intellectual property laws.

Subject to your compliance with these Terms, Toph grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal device solely for the purposes described in these Terms.

8.2 Restrictions

You may not, without Toph's express written consent:

• Copy, modify, translate, or create derivative works of the App
• Distribute, sublicense, lease, rent, or transfer the App or any rights in the App to any third party
• Remove or alter any proprietary notices, labels, or marks on the App
• Use Toph's trademarks, logos, or brand assets without prior written authorization

8.3 Feedback

If you submit feedback, suggestions, or ideas about the App ("Feedback"), you grant Toph an irrevocable, perpetual, royalty-free right to use that Feedback for any purpose without compensation or attribution to you.

9. Fees and subscriptions

Toph operates on a tiered pricing model. Certain features require a paid subscription. By subscribing, you agree to:

• Pay all applicable fees associated with your subscription or purchase as presented in the App or otherwise communicated to you by Toph
• Provide accurate and current billing information
• Authorize Toph to charge your payment method on a recurring basis for the subscription period selected

Toph reserves the right to modify subscription pricing at any time with reasonable advance notice (no less than 30 days for material price increases). Your continued use of the App after a pricing change takes effect constitutes your acceptance of the new pricing.

All fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement with Toph.

10. Termination

10.1 Termination by you

You may stop using the App at any time. To close your account, contact us at gavinhua@usc.edu. Account closure requests will be processed within a reasonable time, subject to the data retention provisions in our Privacy Policy.

10.2 Termination by Toph

Toph reserves the right to suspend or permanently terminate your access to the App, with or without prior notice, if we determine in our reasonable discretion that you have:

• Violated any provision of these Terms
• Provided false or fraudulent information in connection with your account or activity logs
• Engaged in conduct that poses a risk to the App, other users, or Toph
• Failed to pay any applicable subscription fees

10.3 Effect of termination

Upon termination of your account for any reason:

• Your license to use the App is immediately revoked
• You must cease all use of the App and delete it from your devices
• Toph may retain your data as required by law or our Privacy Policy

The following sections survive termination of these Terms: Section 6.2 (License to Toph), Section 8 (Intellectual Property), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), and Section 16 (Governing Law).

11. Disclaimers

THE APP AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOPH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING:

• WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT, TRANSCRIPTION, OR AI-GENERATED OUTPUT

TOPH SPECIFICALLY DISCLAIMS ANY WARRANTY THAT ACTIVITY LOGS, AUDIT REPORTS, OR OTHER OUTPUTS GENERATED BY THE APP WILL SATISFY THE DOCUMENTATION REQUIREMENTS OF ANY SPECIFIC AUDITOR, CERTIFYING BODY, GOVERNMENT AGENCY, OR APPLICABLE REGULATION. COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS IS YOUR SOLE RESPONSIBILITY.

Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, Toph's liability is limited to the minimum extent permitted by applicable law.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOPH OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM REGULATORY FINES OR AUDIT FAILURES
• COST OF SUBSTITUTE GOODS OR SERVICES

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TOPH'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO TOPH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain liability limitations; in such jurisdictions, our liability is limited to the minimum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Toph and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your use of or inability to use the App
2. Your User Content
3. Your violation of any provision of these Terms
4. Your violation of any applicable law or regulation
5. Your violation of any rights of a third party
6. Any inaccuracy in your activity logs or compliance records

Toph reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with Toph's defense of such claims.

14. Third-party services and links

The App integrates with third-party services including Supabase, Daily.co, Google, and Apple. Your use of those services is governed by their respective terms of service and privacy policies. Toph is not responsible for the content, practices, or policies of any third-party service.

The App may contain links to third-party websites or resources. Toph does not endorse and is not responsible for the availability, accuracy, or content of any external sites or resources.

15. Apple App Store terms

If you access or download the App through the Apple App Store, the following additional terms apply. You acknowledge and agree that:

1. These Terms are entered into between you and Toph only. Apple is not a party to these Terms and is not responsible for the App or its content.
2. The license granted to you under these Terms is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules set forth in Apple's Terms of Service.
3. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.
4. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and applicable law.
5. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Toph, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with applicable third-party terms of service when using the App (e.g., your mobile carrier's terms).
9. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

16. Governing law and dispute resolution

16.1 Governing law

These Terms and any dispute arising from or relating to them or your use of the App will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

16.2 Informal resolution

Before initiating any formal legal proceeding, you agree to first contact Toph at gavinhua@usc.edu and attempt to resolve the dispute informally. We will attempt to resolve the matter within 30 days of receiving your written notice. This informal resolution requirement does not apply to claims involving intellectual property rights or emergency injunctive relief.

16.3 Venue

If informal resolution fails, any legal action or proceeding arising from these Terms or your use of the App must be brought exclusively in the state or federal courts of competent jurisdiction located in the State of California. You and Toph each irrevocably consent to the personal jurisdiction of those courts.

16.4 Class action waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TOPH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

17. General provisions

17.1 Entire agreement

These Terms, together with our Privacy Policy and any supplemental terms applicable to specific features, constitute the entire agreement between you and Toph with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.3 No waiver

Toph's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of Toph.

17.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without Toph's prior written consent. Toph may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets.

17.5 Force majeure

Toph will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, acts of government, labor disputes, or internet infrastructure failures.

17.6 Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you via a notice in the App or by email and update the "Effective Date" above. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the App and may request account deletion by contacting gavinhua@usc.edu.

18. Contact us

If you have questions about these Terms or wish to report a violation, please contact us at: