Confidential Disclosure Agreement

Tōmachie Schematic Analysis Service

1. Definitions

"Confidential Information"

Any schematic files, design data, netlists, component information, and related technical data uploaded by Customer to the Service.

"Customer"

Any user of this website and website service

"Service"

The Tōmachie Schematic Analysis Service, including all analysis, reports, and outputs generated therefrom.

"Tōmachie"

Tomachie, LLC.

2. Tōmachie's Confidentiality Obligations

Tōmachie agrees to:

1. Hold all Confidential informaation provided by Customer in confidence and not disclose it to any third party without Customer's prior written consent.
2. Use Confidential Information solely for the purpose of providing the Service and improving the Service.
3. Limit access to Confidential Information to employees and contractors who have a need to know and who are bound by confidentiality obligations at least as protective as those contained herein.
4. Apply industry-standard security measures to protect Confidential Information from unauthorized access, use, or disclosure.

3. Data Handling

3.2 Personal data

We collect your email address when you voluntarily choose to use this website service. No cookies are created or stored. You provide your email address and we use it to provide a link to view the results. In each email sent, a link is provided to opt-out of any future emails.

3.2 Design data

Uploaded files are processed on secure servers. Analysis is performed automatically without human review of design content except as necessary for technical support requested by Customer or for diagnosing and correcting errors in the Service.

3.3 Retention of design files

Standard (plaintext) submissions: During regular processing, your design files are deleted within twenty-four (24) hours. If a software anomaly occurs with your uploaded design files, Tōmachie may retain Customer design files for up to thirty (30) days for error correction and tool improvement purposes while honoring all confidentiality obligations set forth in this agreement. Access to retained files remains limited to those with a need to know.

Client-side encrypted submissions: Files encrypted by Customer before upload are deleted immediately after processing. Tōmachie cannot view, debug, or improve the Service based on encrypted submissions as we never possess the decryption key.

3.4 No AI training

Customer PCB designs and schematic data processed by Tomachie are analyzed using an API with private commercial terms, which explicitly prohibit use of customer data for AI model training."

4. Exclusions

Confidentiality obligations do not apply to information that:

1. Is or becomes publicly available through no fault of Tōmachie;
2. Was rightfully in Tōmachie's possession prior to disclosure by Customer;
3. Is independently developed by Tōmachie without use of Confidential Information;
4. Is rightfully obtained from a third party without restriction on disclosure; or
5. Is required to be disclosed by law, provided Tōmachie gives Customer prompt notice and cooperates in seeking protective treatment.

5. Ownership

Customer retains all right, title, and interest in and to all Confidential Information. Nothing in this Agreement grants Tōmachie any rights to Customer's intellectual property except the limited right to process data for the purpose of providing and improving the Service.

6. No Warranty

The Service is provided "as is" without warranty of any kind. Tōmachie does not warrant that analysis results are error-free or suitable for any particular purpose. Customer is responsible for validating all results.

7. Limitation of Liability

In no event shall Tōmachie be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the Service. Tōmachie's total liability shall not exceed the fees paid by Customer for the Service.

8. Term and Accidental Disclosure

This Agreement is effective upon Customer's first use of the Service and continues indefinitely. Confidential Information remains confidential in perpetuity. However, Tōmachie's liability for accidental disclosure is limited to a period of five (5) years from the date of disclosure. After five years, the information remains confidential, but Tōmachie shall not be held liable for unintentional disclosure.

9. Governing Law

This Agreement shall be governed by the laws of the State of New Hampshire, without regard to conflict of law principles.