Terms of Service

These terms govern use of the Toca Media website. By using the website, you agree to these terms to the extent permitted by applicable law. If you do not agree, do not use the website. These website terms do not replace a separate signed client service agreement. This is a draft pending verification of business details and legal review.

Toca Media provides social media management, Instagram and TikTok content creation, photography, professional videography, drone photography and videography, short-form video production, editing, content strategy, business promotional content, and recurring monthly marketing services. Availability and the work included in a specific engagement are determined by a separate written agreement.

Use the website lawfully and provide accurate information in inquiries. Do not submit unlawful, threatening, abusive, misleading, or rights-infringing material; impersonate someone; send spam or malicious code; attempt unauthorized access; interfere with operation or security; or copy or exploit protected website content without permission or a lawful basis.

Submitting an inquiry, discussing a project, or receiving a proposal does not by itself create a client relationship, reserve a date, or obligate either party to proceed. Services begin only as set out in the applicable signed agreement. Website descriptions are general information, not a binding offer of a particular deliverable or outcome.

The signed client agreement determines service scope, deliverables, production dates, schedules, approval procedures, responsibilities, and any recurring service arrangements. Changes to scope or timing should be agreed in writing. The website does not establish approval deadlines, turnaround times, or an automatic renewal policy.

Clients are responsible for supplying accurate project information, timely instructions and approvals as agreed, and materials they have the right to use. Required permissions may include location access, property permissions, releases for people appearing in content, and rights to logos, music, footage, and other supplied materials.

Clients must authorize any requested social media account access and have authority to grant it. Access and use must comply with platform rules. Do not send passwords through the website's inquiry form. Responsibility for particular permissions and approval duties must be specified in the client agreement.

Ownership of finished work, usage licenses, permitted media and territories, portfolio use, transfer conditions, and access to raw footage or source files are determined by the signed client agreement. These website terms do not automatically transfer project rights or promise delivery of raw footage, unedited photographs, or working files.

Third-party music, stock media, fonts, and other licensed assets remain subject to their owners' license restrictions. A platform-specific license may not permit reuse elsewhere or in paid advertising. Clients and Toca Media must confirm suitable rights for intended uses under their agreement; third-party assets are not automatically included in an unrestricted ownership transfer.

Toca Media's name, branding, original copy, design, and other protected website materials belong to Toca Media or their respective rights holders. Website access does not grant a right to reproduce, distribute, modify, or commercially exploit those materials, except with permission or as allowed by law. Demonstration imagery is not a representation of client work, and third-party assets remain subject to their own rights.

Project revisions, rescheduling, cancellations, payment obligations, deposits, and any refunds are governed by the separate signed service agreement and applicable law. No prices, deposit requirements, refund exclusions, revision allowances, or cancellation deadlines are created by these website terms. Review and agree to the project-specific terms before committing to services.

Creative and marketing performance depends on factors outside Toca Media's control. We do not guarantee virality, follower growth, views, reach, engagement, leads, or sales. Descriptions such as viral-style content describe a creative approach, not a promised outcome.

Social platforms control their own features, algorithms, policies, and account enforcement. Outages, algorithm changes, content removal, account restrictions, or changes to platform access can affect publication and performance. Toca Media cannot guarantee continued platform availability or reverse a platform's decisions. Any resulting service adjustments are addressed under the client agreement and applicable law.

Drone photography and videography are subject to applicable FAA regulations, pilot and operational requirements, airspace permissions, site and property permissions, safety considerations, and weather. A requested shot or flight may be unavailable, postponed, or declined if it cannot be carried out lawfully and safely. Any alternatives or scheduling consequences are governed by the client agreement.

Commercial claims, influencer endorsements, testimonials, and advertising disclosures must comply with applicable law and platform rules. Claims must be truthful and supported as required, and material connections must be disclosed where required. Clients must provide accurate substantiation and identify relevant sponsorships or relationships; each party's review and disclosure duties should be addressed in the signed agreement.

To the extent permitted by law, the website is provided as available without a promise that it will always be uninterrupted, error-free, or suitable for every purpose. We make reasonable efforts to present accurate information, but content may need correction or updating. These website disclaimers do not remove express commitments in a signed service agreement or rights that cannot lawfully be excluded.

This section requires attorney review before adoption, including any implied-warranty exclusions and the circumstances in which website users agree to them.

To the extent permitted by applicable law, Toca Media is not responsible for indirect or consequential losses arising solely from website use, such as lost opportunities caused by website unavailability. Nothing here excludes liability that the law does not allow to be excluded, including applicable non-waivable consumer rights. Liability for paid client services is addressed in the signed service agreement, subject to law.

This proposed limitation requires attorney review for enforceability and appropriate exceptions. It does not create an unverified monetary liability cap or override mandatory legal protections.

To the extent permitted by law, a website user who unlawfully misuses the website or submits material that infringes another party's rights agrees to reimburse Toca Media for reasonable losses and costs resulting from third-party claims caused by that user's conduct. This does not require reimbursement for Toca Media's own wrongdoing or liabilities that cannot legally be shifted.

This proposed indemnification provision requires attorney review, including its scope, claim-handling procedures, and applicability to consumers. Project-specific indemnification obligations must be separately agreed in the client contract.

These website terms are governed by the laws of Arizona, subject to applicable consumer-protection laws and other mandatory laws that cannot be waived. These terms do not impose an arbitration requirement, waive a lawful remedy, or establish an exclusive court venue. Any dispute-resolution provisions for client services must be addressed in a signed agreement and reviewed for legal compliance.

We may update these website terms and identify the updated version by its effective date. Material changes will receive additional notice or assent where required by law. Updates do not retroactively change a signed client agreement; amendments to that agreement follow its own requirements.

Legal business name: [Verified legal business name]. Location: Scottsdale, Arizona. Legal contact: [Verified privacy and legal contact email].

These details are pending verification. Until a verified email is provided, questions can be submitted through the Contact page. These draft terms should be reviewed by a qualified Arizona attorney before adoption.