Terms and Conditions

Effective Date: February 10, 2024 | Last Updated: October 5, 2026

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Tovna Media ("Company," "we," "us," or "our"), governing your access to and use of the TovnaMedia.com website, The Leverage Letter newsletter, our inquiry and booking process, our custom build services, our AI receptionist service, and any related services, content, or communications provided by Tovna Media (collectively, the "Services").

By accessing our website, subscribing to The Leverage Letter, submitting an inquiry, or otherwise using our Services, 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 must not use our Services.

2. Eligibility

Our Services are intended for use by individuals who are at least 18 years of age and who have the legal capacity to enter into binding agreements. By using our Services, you represent and warrant that you meet these eligibility requirements. Our custom build services are designed for businesses and professionals; they are not consumer products.

3. Description of Services

3.1 The Leverage Letter (Newsletter)

The Leverage Letter is a periodic email newsletter published by Tovna Media. It delivers business insights, systems thinking, and growth content to subscribers. The newsletter is provided free of charge. Tovna Media reserves the right to modify, pause, or discontinue The Leverage Letter at any time without prior notice.

3.2 Custom Build Services

Tovna Media designs and builds custom systems, products, and software solutions for businesses. These services include, but are not limited to, discovery and solution design, custom software and systems builds, AI-powered tools and automations, integrations with third-party platforms, and ongoing support and maintenance plans.

These services are offered on a project or retainer basis and are subject to a separate service agreement between Tovna Media and the client. The scope, deliverables, timelines, and fees for any engagement will be defined in that separate agreement. These Terms govern general use of the website and intake process; they do not replace or override the terms of any executed service agreement.

3.3 AI Receptionist Service

Tovna Media offers an AI-powered phone receptionist service that answers calls on behalf of client businesses, including after-hours call handling, caller triage, booking-link delivery via text message, and call logging with recordings, transcripts, and summaries.

Client responsibilities. If you engage our AI receptionist service for your business, you agree to: (a) provide accurate business information, greetings, routing rules, and booking links; (b) ensure your use of the service complies with all applicable laws and regulations, including laws governing call recording consent and telemarketing in the jurisdictions where you operate — where required, you are responsible for providing callers with appropriate notice that calls may be recorded; (c) promptly notify us of any changes to your business information, hours, or routing; and (d) not use the service for any unlawful purpose.

AI limitations. The AI receptionist is an automated system. It may misunderstand callers, provide incomplete information, or behave unexpectedly. It does not replace human judgment. You acknowledge these limitations and agree to review call logs and summaries as appropriate for your business.

No medical or professional advice. The AI receptionist does not provide medical, legal, financial, or other professional advice, does not diagnose conditions, and does not replace professional care. Callers describing emergencies are directed to emergency services. Tovna Media is not responsible for outcomes resulting from a caller's reliance on information provided during an automated call.

Availability. We strive to keep the service available at all times, but we do not guarantee uninterrupted operation. The service depends on third-party telephony and AI providers, and outages or degradations outside our control may occur.

Fees, installation terms, and support plans for the AI receptionist service are defined in the applicable service agreement or order form.

3.4 Inquiry and Booking Process

Prospective clients may be invited to complete an inquiry or booking form through our website. Submission of a form does not guarantee acceptance as a client. Tovna Media reserves sole discretion in determining whether to accept or decline any applicant. The intake process is designed to assess fit and qualification, not to create an obligation on either party.

4. Newsletter Subscription Terms

By subscribing to The Leverage Letter, you consent to receive periodic email communications from Tovna Media at the email address you provide. You may unsubscribe at any time by clicking the "unsubscribe" link included in each email or by contacting us directly. Upon unsubscribing, we will remove you from our active distribution list within a commercially reasonable time frame, typically within 30 days.

Tovna Media may occasionally include promotional content, affiliate recommendations, or offers from third parties within The Leverage Letter. Any such inclusion does not constitute an endorsement, and Tovna Media is not responsible for the products, services, or claims of third parties mentioned in the newsletter.

5. Intellectual Property

All content on TovnaMedia.com and within The Leverage Letter, including but not limited to text, graphics, logos, images, videos, templates, frameworks, and software, is the property of Tovna Media or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website and newsletter content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without our prior written consent.

The Tovna Media name, logo, and all related marks are trademarks of Tovna Media. You may not use these marks without our prior written permission.

Nothing in these Terms transfers ownership of any intellectual property. Deliverables created under a client service agreement are governed by the IP provisions of that agreement.

6. User Conduct

When using our Services, you agree not to:

  • Provide false, misleading, or inaccurate information on any form or application
  • Use our Services for any unlawful purpose or in violation of any applicable laws or regulations
  • Attempt to gain unauthorized access to any part of our website, systems, or networks
  • Interfere with or disrupt the operation of our website or Services
  • Scrape, crawl, or use automated tools to extract content from our website without written permission
  • Reverse-engineer, decompile, or disassemble any software or technology used in connection with our Services
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  • Share, resell, or redistribute any proprietary content, strategies, or deliverables provided under a service engagement without written consent
  • Use the AI receptionist service to deceive callers about the nature of the service where disclosure is required by law

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Tovna Media does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee any specific results from the use of our Services, including but not limited to revenue increases, lead generation volumes, conversion rates, or business growth outcomes.

AI-powered features may produce inaccurate, incomplete, or unexpected outputs. You use such features at your own discretion and are responsible for verifying outputs that matter to your business.

The content in The Leverage Letter and on our website is provided for informational and educational purposes only. It does not constitute professional business, legal, financial, or tax advice. You should consult qualified professionals before making business decisions based on any content we provide.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOVNA MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TOVNA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TOVNA MEDIA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO TOVNA MEDIA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tovna Media and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your violation of these Terms, your violation of any applicable law or regulation (including call-recording consent laws in connection with the AI receptionist service), or any content or information you provide to us.

10. Third-Party Services and Links

Our website and Services may integrate with or contain links to third-party services, including but not limited to payment processors (such as Stripe and/or PayPal), analytics providers (Google Analytics, Meta), scheduling tools, telephony carriers, and AI service providers. Your use of any third-party service is governed by that third party's own terms of service and privacy policy. Tovna Media is not responsible for the practices, content, or availability of any third-party service.

11. Payment Terms

If you engage Tovna Media for paid services, payment terms will be specified in a separate service agreement. General payment policies include:

  • All fees are quoted and payable in U.S. dollars unless otherwise agreed in writing.
  • Payments are processed through third-party payment processors (such as Stripe and/or PayPal). By providing payment information, you authorize us and our payment processor to charge the applicable fees.
  • Recurring support and maintenance plans are billed on a recurring basis as specified in the service agreement and continue until cancelled in accordance with that agreement.
  • Late payments may be subject to interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on any outstanding balance.
  • Tovna Media reserves the right to suspend or terminate services for accounts with overdue balances exceeding 15 days past due.

Refund policies, if applicable, will be defined in the individual service agreement for each engagement.

12. Termination

Tovna Media reserves the right to suspend or terminate your access to any part of our Services at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to, violation of these Terms, providing false information, abusive conduct, or nonpayment.

You may discontinue use of our Services at any time. To unsubscribe from The Leverage Letter, use the unsubscribe link in any email. To terminate a paid service engagement, refer to the termination provisions in your service agreement.

Upon termination, provisions of these Terms that by their nature should survive (including Sections 5, 7, 8, 9, and 14) will remain in full force and effect.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Princeton, New Jersey, and the arbitrator's decision shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any executed service agreement, constitute the entire agreement between you and Tovna Media regarding the subject matter herein and supersede all prior agreements, understandings, and communications.

Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: The failure of Tovna Media to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Tovna Media may assign its rights and obligations without restriction.

Force Majeure: Tovna Media shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, power failures, internet or telecommunications failures, or government actions.

Notices: Any notices required or permitted under these Terms shall be in writing and shall be deemed given when sent by email to the addresses on file.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: Tovna Media

Website: TovnaMedia.com
Email: info@tovnamedia.com
Location: Princeton, NJ, USA

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