Terms & Conditions

Acceptance of Terms

1.1 Agreement. By accessing or using tomenterprise.org (the "Website"), registering for any TOM Enterprise program or workshop, submitting an intake or application form, making a payment, or engaging any TOM Enterprise service — you confirm that you have read, understand, and agree to be bound by these Terms and all policies incorporated by reference, including TOM Enterprise's Privacy Policy.

1.2 Capacity. By accepting these Terms, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accepting these Terms on behalf of an organization or business, you represent that you have authority to bind that organization to these Terms.

1.3 Electronic Acceptance. Your continued use of the Website, submission of any form, or completion of any registration or payment constitutes ongoing acceptance of these Terms. Electronic agreement carries the same legal force as a handwritten signature under the Arizona Electronic Transactions Act (A.R.S. § 44-7001 et seq.).

About TOM Enterprise

2.1 Organization. TOM Enterprise is an Arizona-based nonprofit creative incubator whose mission is to equip creative entrepreneurs, aspiring business owners, and young professionals with world-class brand development, strategic business planning, one-on-one mentorship, and financial literacy education — through a sliding-scale model that removes financial barriers to access.

2.2 Tax Status. TOM Enterprise's 501(c)(3) application is currently pending with the IRS. TOM Enterprise's EIN (42-1915663) is active and on file with the Arizona Corporation Commission. TOM Enterprise operates under the governance of its April 2026 Bylaws and Revamped Strategic Plan 2026–2029.

2.3 Non-Commercial Mission. TOM Enterprise is a mission-driven nonprofit. All earned revenue — beyond operating expenses — is reinvested into expanded programming, scholarships, and community impact. TOM Enterprise does not operate for the financial benefit of any private individual.

Website Use

3.1 Permitted Use. You may use the TOM Enterprise website for lawful purposes consistent with these Terms — including learning about TOM Enterprise's services, submitting intake and registration forms, accessing educational content, and contacting TOM Enterprise.

3.2 Prohibited Conduct. You agree not to:

• Use the website in any way that violates applicable federal, state, or local law
• Attempt to gain unauthorized access to TOM Enterprise systems, databases, or user accounts
• Transmit spam, malware, or other harmful code through the website or contact forms
• Scrape, harvest, or collect user data from the website without authorization
• Reproduce, distribute, or publicly display TOM Enterprise website content without written permission
• Impersonate TOM Enterprise, its founder, staff, or any other person
• Submit false or misleading information in any form or application

3.3 Third-Party Links. The TOM Enterprise website may contain links to third-party websites, platforms, or resources. TOM Enterprise does not endorse, control, or accept responsibility for any third-party content. Access to third-party sites is at your own risk.

3.4 Website Availability. TOM Enterprise makes reasonable efforts to keep the website operational. We do not guarantee uninterrupted access and are not liable for any losses arising from website downtime, maintenance, or technical errors.

Services & Enrollment

4.1 Service Offerings. TOM Enterprise offers the following core services, each available across three pricing tiers (Standard, Sliding Scale, and Scholarship):

• Brand Identity Development — Professional logo, color palette, typography, brand voice, and brand guidelines
• Strategic Business Planning — 12-month roadmap, market analysis, go-to-market strategy
• 1-on-1 Mentorship — Bi-weekly 60-minute sessions with goal tracking; 6-month minimum commitment
• Financial Literacy Workshops — Budgeting, credit building, business finance, and tax strategy education
• Creative Direction & Visual Storytelling — Visual narrative and social media brand development
• Legacy Builder Cohort — 12-week intensive group program with brand identity, business plan, pitch deck, and Demo Day deliverables

4.2 Enrollment Process. Enrollment follows a three-phase process: (1) Initial intake and application; (2) Discovery call and needs assessment; (3) Service agreement execution, pricing tier confirmation, and payment setup. A service agreement must be fully executed before service delivery begins. TOM Enterprise may use DocuSign or equivalent digital signature platforms for service agreements.

4.3 Enrollment Decisions. TOM Enterprise reserves the right to decline any application at its sole discretion, including based on program capacity, program fit, applicant readiness, or stage of business. Tralynn Obryan McCullar (Founder & Executive Director) retains final authority over all enrollment, scholarship, and program decisions. Declinations will be communicated within 72 hours with at least one category reason and two referral resources.

4.4 Waitlist. Applicants who are strong fits but cannot be accommodated in the current service cycle may be placed on a priority waitlist. Waitlisted applicants will be offered interim engagement options — workshops, 1-on-1 sessions, or content subscriptions — to maintain the relationship.

Pricing Tiers

All TOM Enterprise services are offered across three tiers. Tier placement is confirmed by TOM Enterprise at enrollment and cannot be retroactively adjusted. No applicant is turned away due to financial hardship.

5.1 Standard Tier. Full-rate pricing, available to all applicants. No financial need documentation required.

5.2 Sliding Scale Tier. Needs-based reduced pricing confirmed through TOM Enterprise's financial need assessment at enrollment. Misrepresentation of financial circumstances to access Sliding Scale pricing constitutes a breach of these Terms and may result in service termination and retroactive billing at the Standard rate.

5.3 Scholarship Tier. $0 pricing for qualifying applicants, funded through TOM Enterprise grants and donations. Scholarship availability is limited per cohort and per service cycle. Scholarship determination is made solely at TOM Enterprise's discretion and is not guaranteed even for qualifying applicants when capacity is exhausted.

5.4 No Retroactive Adjustments. Pricing tier placement is confirmed at enrollment. Requests to change pricing tier after enrollment will not be honored except in extraordinary circumstances at TOM Enterprise's sole discretion.

Payments & Refunds

6.1 Payment Schedule. Payment schedules are specified in individual service agreements. Standard and Sliding Scale clients may be invoiced in full or in installments depending on the service. Scholarship clients are enrolled at no charge following qualification confirmation and tracked through TOM Enterprise's grant accounting system.

6.2 Payment Methods. TOM Enterprise accepts payment via the methods specified at the time of enrollment (credit/debit card, ACH transfer, or other methods made available on the Website). Payments are due by the dates specified in the applicable service agreement.

6.3 Late Payment. Payments not received within 7 calendar days of the due date are considered delinquent. TOM Enterprise reserves the right to pause service delivery for accounts with outstanding balances. Service delivery resumes upon receipt of all outstanding payments.

6.4 Refund Policy. Refunds are handled as follows:

• Legacy Builder Cohort: Full refund if requested more than 7 days before the cohort start date. 50% refund if requested 3–7 days before start. No refund for cancellations within 72 hours of start or after the cohort has begun
• Financial Literacy Workshops: Full refund if cancelled 48+ hours before session. No refund for cancellations within 48 hours or no-shows
• Brand Identity Development, Strategic Business Planning, Creative Direction: Refunds are prorated based on work completed at time of cancellation, as determined by TOM Enterprise. Deposits are non-refundable
• 1-on-1 Mentorship: Sessions completed are non-refundable. Prepaid future sessions are refundable with 72 hours' notice per session

6.5 TOM Enterprise-Initiated Cancellation. If TOM Enterprise cancels a service, workshop, or cohort, clients will receive a full refund for the cancelled portion or the option to transfer to the next available session.

6.6 Chargebacks. Initiating a payment dispute or chargeback without first contacting TOM Enterprise to resolve the issue is a breach of these Terms. TOM Enterprise reserves the right to suspend service access pending resolution of any payment dispute.

Client Responsibilities

To receive the full benefit of TOM Enterprise services, clients agree to:

• Timely Feedback: Provide feedback, approvals, and responses to TOM Enterprise requests within the timelines specified in the service agreement — typically 3–5 business days
• Materials & Information: Supply all necessary materials, assets, business information, and content required for service delivery in a timely and accurate manner
• Session Attendance: Attend scheduled sessions, discovery calls, cohort meetings, and workshops as agreed. Provide at least 24 hours' notice for any session rescheduling
• Payment Compliance: Make all payments according to the schedule in the service agreement
• Respect & Conduct: Treat TOM Enterprise staff, mentors, facilitators, and fellow participants with respect. TOM Enterprise reserves the right to terminate service for conduct that is abusive, discriminatory, or harmful to others in the TOM Enterprise community
• Accuracy: Ensure all information provided during intake, application, and enrollment — including financial need representations — is accurate and complete

7.1 Impact on Delivery. TOM Enterprise's ability to deliver services on schedule depends on timely client participation. Delays caused by client unresponsiveness or failure to supply required materials may extend project timelines without entitlement to refund or discount.

Intellectual Property

8.1 TOM Enterprise IP. All website content, curricula, frameworks, brand materials, toolkits, program designs, workshop content, blog posts, social media content, and any other materials created by or on behalf of TOM Enterprise are the exclusive intellectual property of TOM Enterprise. All rights reserved.

8.2 Client Deliverables. Upon full payment for completed services (Brand Identity Development, Strategic Business Planning, Creative Direction), the final deliverables created specifically for the client become the client's property. TOM Enterprise retains the right to display completed work in its portfolio and impact materials, unless the client requests otherwise in writing. Working files, source documents, and underlying frameworks remain TOM Enterprise's property unless explicitly transferred in a separate written agreement.

8.3 Cohort & Workshop Materials. All materials distributed during the Legacy Builder Cohort and Financial Literacy Workshops are licensed to clients for personal educational and business use only. Clients may not reproduce, distribute, resell, or publicly display workshop and cohort materials without written authorization from TOM Enterprise.

8.4 Client IP. TOM Enterprise does not claim ownership of any pre-existing intellectual property brought to a project by the client. Client business plans, brand assets, ideas, and creative works remain the client's property. TOM Enterprise's role is to develop and enhance client IP, not to acquire it.

8.5 Website Content. The content of tomenterprise.org — including text, design, graphics, and structure — may not be copied, reproduced, or used in competing platforms without prior written authorization from TOM Enterprise.

Confidentiality

9.1 Client Information. TOM Enterprise treats all client business information, financial disclosures, personal circumstances, and strategic plans as confidential. TOM Enterprise will not share client-specific confidential information with third parties except as required by law or with the client's express written consent.

9.2 TOM Enterprise Information. Clients may be exposed to TOM Enterprise's internal processes, pricing logic, partner relationships, curriculum frameworks, and strategic plans during service delivery. Clients agree to treat such information as confidential and not to share, reproduce, or use it for competitive purposes.

9.3 Community Confidentiality. In cohort and workshop settings, participants may hear other participants share sensitive business or personal information. All participants agree to maintain strict confidentiality about what fellow participants share in these settings.

9.4 Survival. Confidentiality obligations survive the termination of any service agreement or these Terms for a period of three (3) years, except for information that becomes publicly available through no fault of the receiving party.

Disclaimers & Limitation of Liability

10.1 No Professional Advice. TOM Enterprise services are educational and business-development in nature. Nothing delivered by TOM Enterprise — including brand development, business planning, mentorship, financial literacy workshops, and creative direction — constitutes professional legal, financial, investment, accounting, tax, or other licensed professional advice. Clients should consult qualified licensed professionals for advice specific to their individual circumstances.

10.2 No Guaranteed Outcomes. TOM Enterprise does not guarantee specific business outcomes, revenue growth, brand performance, credit improvements, or any other results from its services. Business success depends on many factors beyond TOM Enterprise's control, including client effort, market conditions, and individual circumstances.

10.3 Website Disclaimer. The TOM Enterprise website and all content on it are provided "as is" without warranty of any kind — expressed or implied — including warranties of accuracy, completeness, fitness for a particular purpose, or non-infringement. TOM Enterprise makes reasonable efforts to keep content current and accurate but does not guarantee that all content is error-free or up to date.

10.4 Limitation of Liability. To the fullest extent permitted by law, TOM Enterprise's total liability to any client or user for any claim arising from use of the website, participation in any program, or engagement of any service shall not exceed the total amount paid by that client for the specific service giving rise to the claim. TOM Enterprise is not liable for any indirect, incidental, consequential, special, or punitive damages of any kind.

10.5 Third-Party Actions. TOM Enterprise is not liable for the actions, advice, or conduct of volunteer mentors, workshop facilitators, partners, or other third parties acting in connection with TOM Enterprise programs, except to the extent of TOM Enterprise's direct negligence.

AI Disclosure

11.1 AI-Assisted Operations. TOM Enterprise's intake, vetting, onboarding, content, and social media operations are partially AI-assisted. TOM Enterprise operates a five-agent AI workforce: Eva (Executive Assistant & scheduling), Stan (Sales & intake pipeline), Linda (Legal & compliance), Penny (Content & onboarding), and Sonny (Social media). These AI agents assist with administrative workflows but do not make final decisions on your behalf.

11.2 Human Authority. All enrollment decisions, scholarship determinations, program changes, legal commitments, and financial obligations require direct human authorization from TOM Enterprise's Founder, Tralynn Obryan McCullar. No AI agent is authorized to make binding commitments on TOM Enterprise's behalf.

11.3 Your Rights. You have the right to request human-only review of any AI-assisted process, decision, or communication at any time. To make such a request, contact tralynnm@tomenterprise.org. TOM Enterprise will accommodate all reasonable human-review requests within 48 business hours.

11.4 Data in AI Systems. Information you provide through TOM Enterprise's intake forms and communications may be processed by TOM Enterprise's AI workflow tools. All such data is governed by TOM Enterprise's Privacy Policy and is not used to train external AI models or shared with third-party AI providers for purposes beyond operational necessity.

Privacy & Data

12.1 Data Collection. TOM Enterprise collects personal information (name, contact details, business information, financial circumstances) through intake forms, registration, and service delivery. This information is stored in TOM Enterprise's HubSpot CRM (Portal ID: 246222094) and used solely for program administration, service delivery, impact measurement, and communications.

12.2 No Data Sale. TOM Enterprise does not sell, rent, or share personal information with third parties for marketing, advertising, or commercial purposes. Data may be shared with TOM Enterprise's operational contractors and platform providers (HubSpot, Squarespace, DocuSign, and similar) solely for service delivery purposes.

12.3 Records Retention. Client records, discovery notes, and signed agreements are retained in HubSpot in accordance with Arizona nonprofit records retention requirements.

12.4 Data Rights. You may request access to, correction of, or deletion of your personal information held by TOM Enterprise by contacting tralynnm@tomenterprise.org. TOM Enterprise will respond to data requests within 30 days.

12.5 Privacy Policy. TOM Enterprise's full Privacy Policy is published separately at tomenterprise.org/privacy-policy and is incorporated into these Terms by reference.

Termination

13.1 By TOM Enterprise. TOM Enterprise may suspend or terminate your access to programs or services at any time — with or without cause — upon written notice. Grounds for immediate termination include: breach of these Terms, misrepresentation in application or enrollment, non-payment, abusive conduct toward staff, volunteers, or other participants, or actions that harm TOM Enterprise's reputation or community.

13.2 By Client. Clients may terminate service agreements pursuant to the terms of their specific service agreement and the refund policy in Section 6. Written notice of termination must be sent to tralynnm@tomenterprise.org.

13.3 Effect of Termination. Upon termination: (a) all licenses granted to you under these Terms immediately cease; (b) any outstanding payment obligations become immediately due; (c) confidentiality and IP obligations survive as described in Sections 8 and 9. TOM Enterprise will return or delete client data upon written request, subject to legal retention requirements.

Governing Law & Dispute Resolution

14.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions.

14.2 Jurisdiction. All disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Maricopa County, Arizona. Both parties consent to personal jurisdiction in such courts.

14.3 Informal Resolution. Before initiating formal legal proceedings, both parties agree to make a good-faith effort to resolve any dispute through direct written communication. Most issues can be resolved by contacting Tralynn directly at tralynnm@tomenterprise.org.

14.4 Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

14.5 Waiver. TOM Enterprise's failure to enforce any right or provision of these Terms at any time does not constitute a waiver of that right or provision.

Changes to These Terms

15.1 Updates. TOM Enterprise reserves the right to update or modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page and, where appropriate, notify enrolled clients by email. Your continued use of the Website or services after any update constitutes acceptance of the revised Terms.

15.2 Version Control. TOM Enterprise maintains version records of all Terms updates in its HubSpot CRM. Any updates must be approved by the Founder and logged against TOM Enterprise's April 2026 Bylaws and Revamped Strategic Plan 2026–2029.

15.3 Archived Terms. Prior versions of these Terms are available upon written request to tralynnm@tomenterprise.org.

Contact Information

For questions, concerns, or requests related to these Terms & Conditions, please contact TOM Enterprise:

• Founder & Executive Director: Tralynn Obryan McCullar
• Email: tralynnm@tomenterprise.org
• Phone: (623) 269-8232
• Address: 1120 W Broadway Rd, Tempe, AZ 85282
• Website: tomenterprise.org
• EIN: 42-1915663

TOM Enterprise aims to respond to all Terms-related inquiries within 48 business hours. Legal or compliance questions will be routed to Linda, TOM Enterprise's Legal Associate, and escalated to the Founder for any binding determination.