Terms of Service

Acceptance of Terms

By accessing and using Totem (totemnaming.com), you agree to be bound by these terms and our Privacy Policy. If you do not agree, do not use the service.

These terms apply to all users, whether you provide an email address or not. Your continued use of Totem means you accept any updates to these terms.

Description of Service

Totem is a free web application that helps you score and analyze brand names using cognitive science principles. The service includes:

• Name scoring based on phonetic, semantic, and cognitive factors
• AI-generated name suggestions
• Competitor analysis and comparison
• Downloadable scorecards and reports

Totem requires no sign-up, login, or payment. All features are currently free. We may introduce a paid "Pro" tier in the future, but free-tier access will remain available.

Use of Service

Acceptable Use

You agree to use Totem only for lawful purposes and in a way that does not harm us or others. Specifically, you agree not to:

• Engage in any form of harassment, abuse, or hate speech
• Scrape, crawl, or automatically extract data from Totem without permission
• Reverse-engineer, decompile, or attempt to discover the source code or proprietary methodology
• Make automated requests beyond published rate limits (DoS/DDoS attacks)
• Use Totem to develop a competing naming product or service
• Impersonate another person or entity
• Use the service for any illegal activity
• Attempt to gain unauthorized access to Totem's systems

Rate Limits

We impose rate limits to ensure fair access. Excessive requests will result in temporary IP blocks. These limits are reasonable for normal user behavior.

Intellectual Property

Totem's IP

The Totem platform, including the user interface, algorithm, cognitive science methodology, and scoring system, are owned by Totem. You may not copy, modify, or distribute these materials.

Your Generated Names

You own any brand names you generate or submit through Totem. We claim no ownership of the names themselves. You are responsible for verifying trademark availability and legal rights before using any name in commerce.

AI-Generated Suggestions

Names suggested by our third-party AI provider are generated based on your input. You own the generated suggestions, but the AI provider may retain and use your input data per their own API terms. Do not submit confidential information.

AI-Generated Content Disclaimer

Totem uses a third-party large language model to generate name suggestions and competitive analysis. AI-generated content is not guaranteed to be:

• Unique or trademark-available
• Legally distinct from existing brands
• Culturally appropriate in all contexts
• Suitable for your specific market or industry

You are solely responsible for:

• Verifying trademark availability using USPTO, WIPO, or local registries
• Conducting domain availability checks
• Consulting a trademark attorney if deploying commercially
• Evaluating cultural fit and market acceptance
• Understanding that AI suggestions are recommendations, not professional advice

Totem and its creators make no warranty that suggested names are available, unique, or legally defensible.

Disclaimers and Warranty

As-Is Service

Totem is provided "as is" without warranty of any kind, express or implied. We make no guarantees about:

• Accuracy of cognitive science scoring
• Quality or creativity of AI suggestions
• Success of names in your market
• Continuous availability or uptime
• Freedom from errors, bugs, or interruptions

Not Professional Advice

Totem is a tool, not a substitute for professional branding, legal, or trademark advice. We are not attorneys, trademark agents, or brand consultants. Results should be validated by qualified professionals before commercial use.

No Warranty on Results

Using Totem does not guarantee that your chosen name will be successful, available, or suitable. Market success depends on many factors outside Totem's control: execution, timing, market fit, competition, and consumer preference.

Limitation of Liability

Maximum Liability: Your total liability and our total liability under these terms is limited to zero dollars. Since Totem is free, we have no financial liability for any damages.

Excluded Damages: In no event shall Totem, its operators, or contributors be liable for:

• Lost profits or revenue
• Loss of business or reputation
• Lost data or business interruption
• Trademark disputes or infringement claims
• Domain unavailability or registration disputes
• Indirect, incidental, or consequential damages

This applies even if we have been advised of the possibility of such damages.

Jurisdiction Limitations

Some jurisdictions do not allow limitation of liability. To the extent permitted by local law, the above limitations apply. For consumers in your home jurisdiction, any statutory consumer protections you have remain in effect.

Indemnification

You agree to indemnify, defend, and hold harmless Totem, its operators, contributors, and partners from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of Totem in violation of these terms
• Your content or data submitted to Totem
• Your use of names generated by Totem (trademark disputes, domain disputes, etc.)
• Your violation of any law or third-party rights

You will not hold us responsible for disputes over trademark availability, domain registration, or brand strategy decisions.

Termination

By You

You may stop using Totem anytime. Simply close the tab or stop visiting the site. Your email will remain in our marketing system unless you unsubscribe or request deletion (see Privacy Policy).

By Us

We reserve the right to terminate or suspend your access to Totem if you:

• Violate these terms or our acceptable use policy
• Abuse the service (scraping, DoS attacks, etc.)
• Engage in illegal activity
• Harass or threaten others

We will attempt to notify you before termination, but may do so immediately for severe violations.

Effect of Termination

Upon termination, your access to Totem ends immediately. You remain responsible for any obligations incurred before termination (though none exist since the service is free).

Governing Law

These terms are governed by the laws of the Philippines, the jurisdiction where Totem is operated. The Philippines law applies to all disputes, regardless of where you access Totem.

Consumer Protections

Nothing in this agreement waives any consumer protections, statutory rights, or mandatory consumer laws in your home jurisdiction. If you are a consumer in the EU, UK, Canada, or California, those jurisdictions' consumer protection laws apply in addition to these terms, to the extent they are more protective than Philippine law.

Dispute Resolution

We prefer to resolve disputes directly. If you have a complaint, email hello@totemnaming.com with details. We will attempt to resolve the matter within 14 days. If we cannot resolve it, you may pursue formal legal action in the courts of the Philippines or your home jurisdiction, as applicable.

Changes to Terms

We may update these terms at any time. Changes will be posted here with an updated "Last updated" date. Material changes may trigger an email notification if you've provided one.

Your continued use of Totem after changes means you accept the new terms. If you do not agree with changes, stop using the service.

Contact

Questions about these terms? Email us at hello@totemnaming.com

Include "Terms" in your subject line. We will respond within 7 business days.