Terms of Use

1. Purpose and Scope

These Terms of Use ("Terms") govern access to and use of the Toomny platform ("Platform"), published by Toomny SAS ("Toomny"), accessible at toomny.com. By registering or using the Platform, you unreservedly accept these Terms. If you do not accept, please do not use the Platform.

The Platform connects clients (individuals or companies wishing to purchase services) and providers (individuals or companies offering services). Toomny acts as a technical and financial intermediary: it is not a party to the service contract concluded between the client and the provider.

2. Definitions

• Client: any individual or legal entity registered on the Platform who orders a service. • Provider: any individual or legal entity registered on the Platform who offers and sells services. • Service: any service offered by a Provider and published on the Platform. • Order: contract concluded between a Client and a Provider via the Platform. • Escrow: mechanism by which Toomny holds the Client's payment until delivery is validated. • Commission: fee charged by Toomny on each completed order. • KYC (Know Your Customer): identity verification procedure required of Providers before the first payout.

3. Registration and User Account

3.1. Registration is free for Clients and Providers. Each user must create an account providing accurate, complete and up-to-date information.

3.2. Each user is responsible for the confidentiality of their credentials. Any use of the account is presumed to have been made by the account holder. In case of loss or fraudulent use, the user must contact Toomny immediately.

3.3. Each user may only have one active account. Toomny reserves the right to suspend or delete any account created in violation of this rule.

3.4. Providers must complete identity verification (KYC) before receiving any payout. This verification is required by applicable financial regulations in West Africa (BCEAO, OHADA).

4. Services Offered by Toomny

Toomny offers: • A marketplace for Providers to publish and promote their services; • A matchmaking system between Clients and Providers; • A secure escrow payment mechanism; • An internal messaging tool for communication between parties; • A rating and review system; • A dispute arbitration service.

Toomny does not guarantee the quality, compliance or outcome of services offered by Providers. Each Provider is responsible for their own services.

5. Commission and Pricing Plans

5.1. Toomny charges a commission on each completed order. The applicable rate depends on the Provider's plan: • Starter Plan (free): 10% of the order amount, 2 services published simultaneously; • Essential Plan (10,000 FCFA/month): 8% of the order amount, 8 services published simultaneously; • Pro Plan (15,000 FCFA/month): 5% of the order amount, 20 services published simultaneously; • Expert Plan (25,000 FCFA/month): 3% of the order amount, 50 services published simultaneously.

The number of published services refers to the number of active or pending-moderation listings at any given time. Removed services do not count toward this quota.

5.2. The commission is automatically deducted from the Provider's payout. No fees are charged to the Client.

5.3. Subscriptions are billed monthly with no commitment. Providers may cancel at any time from their dashboard.

5.4. Toomny reserves the right to modify its pricing with 30 days' notice. Orders in progress at the time of the modification remain subject to the original pricing conditions.

6. Payments and Escrow

6.1. Accepted payment methods: Wave, Orange Money, MTN MoMo, Moov Money, bank card (Visa, Mastercard). Additional methods may be added.

6.2. How escrow works: when a Client places an order, the payment is held by Toomny in an escrow account. The amount is only released to the Provider once the Client validates delivery, or after 72 hours following declared delivery if the Client has raised no objection.

6.3. Payouts: payouts to Providers are processed via mobile money. The Provider must have configured their payout channel and completed KYC verification. Payout requests are processed within 1 to 3 business days.

6.4. Cancellation before start: if the Provider has not yet started the service, the Client may request cancellation. A full refund is processed within 3 to 7 business days.

6.5. Taxes and fiscal obligations: each user is responsible for their own tax obligations in their country of residence. Toomny does not collect VAT on behalf of Providers.

7. Provider Obligations

The Provider agrees to: • Provide accurate information about their services (description, deadlines, prices); • Deliver ordered services within the stated timeframes and according to agreed specifications; • Maintain a minimum satisfaction rating to remain active on the Platform; • Not contact Clients outside the Platform for commercial purposes; • Respect the confidentiality of information shared during orders; • Complete KYC verification before requesting a payout; • Not offer illegal services or services contrary to public order or morality.

In case of breach, Toomny may suspend or delete the Provider's account, without prejudice to any damages owed to the Client.

8. Client Obligations

The Client agrees to: • Provide clear and complete order information to the Provider; • Evaluate deliveries in good faith, without unreasonably delaying validation; • Pay the amount agreed at the time of the order; • Not divert the commercial relationship outside the Platform to avoid commissions; • Respect the intellectual property of work produced by the Provider.

Any attempt to circumvent the Platform may result in permanent account suspension.

9. Intellectual Property

9.1. Deliverables provided by the Provider to the Client are the property of the Client once the order is fully paid, unless the Provider has stipulated specific conditions on their service listing.

9.2. The Toomny brand, logo, design and all Platform elements are the exclusive property of Toomny. Any reproduction or use without authorization is prohibited.

9.3. By publishing content on the Platform (descriptions, images, reviews), the user grants Toomny a worldwide, non-exclusive, royalty-free license to display and promote that content in connection with its activities.

10. Disputes Between Clients and Providers

10.1. In case of disagreement, parties are encouraged to find an amicable solution via the internal messaging system.

10.2. If no agreement is reached, either party may open a formal dispute from the relevant order page. Toomny then acts as a neutral arbitrator.

10.3. After receiving the evidence submitted by both parties, Toomny renders its decision within 5 to 10 business days: full refund to the Client, full release to the Provider, or an intermediate solution.

10.4. Toomny's decision is final and binding on both parties. By accepting these Terms, parties waive any judicial recourse prior to Toomny's arbitration procedure, except in cases of proven fraud.

11. Personal Data

11.1. Toomny collects and processes users' personal data in accordance with its Privacy Policy, available at toomny.com/confidentialite.

11.2. Data is used for Platform operation, identity verification, fraud prevention, communication between parties, and service improvement.

11.3. In accordance with applicable data protection laws (including Ivorian Law No. 2013-450 and the GDPR where applicable), each user has the right of access, rectification, erasure, and portability of their data. These rights can be exercised via the dashboard or by contacting privacy@toomny.com.

12. Limitation of Liability

12.1. Toomny acts as a technical intermediary. It is not responsible for the quality, accuracy, or legality of services offered by Providers.

12.2. Toomny shall not be liable for indirect damages, loss of profit, or loss of opportunity resulting from use of the Platform.

12.3. Toomny's total liability, for any reason whatsoever, is limited to the commissions received during the 3 months preceding the dispute.

12.4. Toomny shall not be liable for temporary Platform unavailability due to maintenance, force majeure, or third-party technical failure.

13. Suspension and Termination

13.1. Users may close their account at any time from the "My Account" page. Any orders in progress must be resolved before closure.

13.2. Toomny reserves the right to suspend or terminate an account in case of: • Violation of these Terms; • Fraud or attempted fraud; • Abusive behavior toward other users or Toomny; • False declaration during registration or KYC; • Extended inactivity (account inactive for more than 24 months).

13.3. In case of termination for cause, escrowed amounts are handled according to the dispute procedure, and Toomny may retain its commission as damages.

14. Amendments to the Terms

Toomny may amend these Terms at any time. Users are notified by email and/or in-app notification with 30 days' notice. Continued use of the Platform after this period constitutes acceptance of the new terms. In case of disagreement, the user may close their account.

15. Governing Law and Jurisdiction

These Terms are governed by Ivorian law. Any dispute relating to their interpretation or execution shall be submitted to the competent courts of Abidjan (Côte d'Ivoire), subject to mandatory rules applicable in users' countries of residence.

For Providers and Clients established in other OHADA member states, OHADA rules on commercial contracts apply supplementarily.

For any questions regarding these Terms: support@toomny.com