Terms of Use/EULA

Last updated: January 12, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Tomotoki

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: Japan

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to APURICHOUMI INC., NINOMIYA BLDG. 1F 25, 18-4, SAKURAGAOKACHO SHIBUYA-KU TOKYO.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • Goods refer to the items offered for sale on the Service.

  • In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

  • Orders mean a request by You to purchase Goods from Us.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service refers to the Application.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Age Requirements and Parental Consent

General Use

Our Service is rated 4+ in the Apple App Store and 3+ in the Google Play Store. However, certain features have age restrictions as described below.

Minimum Age

You must be at least 4 years old to use Our Service. If You are under 13 years of age, You may use basic features only with parental supervision and with Your parent or guardian's consent.

Age-Restricted Features (13+)

The following features require users to be at least 13 years old, or have verifiable parental consent:

  • Chat and messaging features - Powered by Sendbird
  • AI Assistant - Powered by OpenAI ChatGPT and Google Gemini
  • AI Companion - Personalized AI interactions
  • Adding and communicating with friends - Social features
  • Public events and social features - Community interactions

Reason for restriction: These features involve third-party services (OpenAI, Sendbird) whose terms of service require users to be 13 years or older, and involve data processing that requires additional protections under COPPA (USA), GDPR (EU), and APPI (Japan).

Features Available for Ages 4-12 (with parental supervision)

  • Basic calendar viewing and management
  • Personal event creation
  • Offline calendar features
  • Profile customization (limited)
  • Viewing events shared by family members

Children Under 13

If You are under 13 years of age:

  1. You may use basic calendar features only with parental supervision
  2. Your parent or guardian must accept these Terms on Your behalf
  3. Your parent or guardian is responsible for Your use of the Service
  4. You cannot access chat, AI, or social features without explicit parental consent

Parental Responsibilities

Parents and guardians who allow children under 13 to use the Service are responsible for:

  • Monitoring their child's use of the Service
  • Ensuring compliance with these Terms
  • Managing in-app purchases through device parental controls (Apple Family Sharing or Google Family Link)
  • Supervising access to age-appropriate features only
  • Providing consent before the child accesses age-restricted features

Parental Controls

Parents can manage access to age-restricted features through:

  • Apple Devices: Settings > Screen Time > Content & Privacy Restrictions
  • Android Devices: Google Family Link app parental controls
  • In-App: Settings > Family & Safety > Parental Controls (planned feature)

We rely on parents and guardians to ensure children under 13 use the Service appropriately. The Company reserves the right to verify age and restrict access to age-inappropriate features.

Parental Consent for Data Collection

If Your child is under 13, we may collect limited personal information only with Your verifiable parental consent as required by COPPA (USA), GDPR (EU), and APPI (Japan). For more information, please see Our Privacy Policy section on Children's Privacy.

Account Termination for Age Violations

If We discover that a user under 13 has accessed age-restricted features without parental consent, or that a user has misrepresented their age, We may immediately suspend or terminate the account and delete associated data.

Age Verification

We may implement age verification mechanisms to enforce these restrictions. You agree to provide accurate age information and to update it if necessary.

AI-Powered Features

AI Assistant and AI Companion

Our Service includes AI-powered features that use artificial intelligence to provide personalized recommendations, generate content, and assist You with various tasks:

  • AI Assistant: Answers questions, provides recommendations, helps with planning
  • AI Companion: Personalized conversational AI for ongoing interactions and support
  • Content Generation: Automatically generates event descriptions, suggestions, and ideas
  • Smart Recommendations: Personalized suggestions based on Your preferences and calendar

Age Restriction: AI features are available only to users aged 13 and older, in compliance with our AI service providers' terms of use (OpenAI, Google Gemini).

Technology: AI features are powered by OpenAI's ChatGPT API and Google's Gemini API.

Acceptable Use of AI Features

When using AI-powered features, You agree NOT to:

  • Attempt to manipulate, mislead, or "jailbreak" the AI system
  • Use AI features to generate harmful, illegal, or abusive content
  • Submit personal information of others without their consent
  • Use AI features excessively in a way that could disrupt service for others
  • Use AI to harass, threaten, or abuse other users
  • Attempt to extract or reverse-engineer the AI model
  • Use AI-generated content to impersonate real individuals
  • Rely on AI-generated content as professional advice (legal, medical, financial, etc.)
  • Use AI features for any illegal, fraudulent, or malicious purposes

Violation of these terms may result in immediate suspension or termination of Your account.

AI Limitations and Disclaimers

You acknowledge and agree that:

  • Accuracy: AI-generated content may contain errors, inaccuracies, hallucinations, or outdated information
  • Not Professional Advice: AI recommendations are suggestions only and should not replace Your own judgment or professional advice
  • No Liability: The Company is not responsible for decisions You make based on AI-generated content
  • Service Changes: AI features may be modified, limited, or discontinued at any time without notice
  • Automated Responses: AI responses are generated automatically by third-party systems and do not represent human judgment or Company endorsement
  • Data Processing: Your AI interactions may be processed by third-party providers (OpenAI, Google) located in the United States

AI Companion Specific Terms

IMPORTANT DISCLAIMERS:

  • AI Companion is designed for entertainment and general assistance only
  • AI Companion is NOT a mental health professional, therapist, psychologist, counselor, or medical provider
  • AI Companion is NOT qualified to provide medical, psychiatric, psychological, or crisis intervention services
  • AI Companion responses are generated by artificial intelligence and may be inappropriate, incorrect, or harmful
  • DO NOT rely on AI Companion for mental health support, crisis intervention, or emotional emergencies
  • DO NOT share sensitive personal information, health information, or confidential matters with AI Companion

In case of emergency or mental health crisis:

  • Contact local emergency services immediately (119 in Japan, 911 in USA)
  • Contact a qualified mental health professional
  • Call a suicide prevention hotline if needed

AI Companion Personalization:

  • AI Companion stores conversation history to provide personalized interactions
  • Conversation history is stored locally on Your device (encrypted)
  • You can delete conversation history at any time in Settings > AI Companion > Clear History
  • Deleting history will reset personalization

Your AI Data Rights

You have the right to:

  • Disable AI features at any time in Settings > Privacy > AI Features
  • Request deletion of AI interaction history by contacting support@tomotoki.app
  • Opt-out of personalization (AI will use only your current message context)
  • Access Your data processed by AI providers (subject to provider policies)
  • Withdraw consent for cross-border data transfers to AI providers

AI Content Ownership

  • You retain ownership of Your input to AI features (Your questions, messages, prompts)
  • AI-generated output is provided "as is" for Your personal use within the Service
  • You may use AI-generated content for personal purposes
  • The Company and AI providers (OpenAI, Google) retain no ownership claims to AI-generated content
  • However, AI-generated content may not be unique and similar content may be generated for other users

Third-Party AI Providers

AI features are powered by third-party providers whose terms and policies also apply:

  • OpenAI: Terms of Use at https://openai.com/terms / Privacy Policy at https://openai.com/privacy
  • Google Gemini: Terms at https://policies.google.com/terms / Privacy Policy at https://policies.google.com/privacy

Your use of AI features indicates acceptance of these third-party terms.

Chat and Messaging

Chat Services

Our Service includes chat and messaging features powered by Sendbird Inc., a third-party service provider. You are responsible for all messages and content You send through these features.

Age Restriction: Chat and messaging features are available only to users aged 13 and older, or with verifiable parental consent for younger users, in compliance with Sendbird's terms of service and COPPA requirements.

Acceptable Use of Chat Features

You agree to use chat features respectfully and legally. When using chat and messaging:

  • Be respectful and courteous to other users
  • Keep conversations appropriate for a family-friendly environment
  • Report inappropriate behavior or content to us immediately
  • Do not share personal information with strangers
  • Parents: monitor Your child's chat activity

Prohibited Chat Content

You may not use chat features to send:

  • Harassing, threatening, or abusive messages - Including bullying, intimidation, or hate speech
  • Spam or unsolicited commercial messages - No advertising, promotions, or spam
  • Content that violates laws or third-party rights - Including copyright, trademark, or privacy violations
  • Malicious links or files - No viruses, malware, phishing, or dangerous content
  • Content inappropriate for a family-friendly environment - Including sexual content, violence, or illegal activity
  • False or misleading information - No impersonation or deceptive content
  • Personal information of minors - Do not share children's personal details
  • Requests for personal information - Do not solicit others' private information

Chat Safety for Minors

For users under 18, additional safety measures apply:

  • Chat may be monitored for safety compliance
  • Parents can disable chat features through device parental controls
  • We may implement content filtering for age-appropriate interactions
  • We encourage parents to discuss online safety with their children

Chat Moderation

The Company reserves the right to:

  • Monitor chat messages for safety and compliance (automated and manual review)
  • Remove messages that violate these Terms
  • Suspend or terminate accounts that abuse chat features
  • Report illegal activity to law enforcement authorities
  • Implement additional safety measures for users under 18
  • Block or mute users who violate community guidelines

Chat Data and Privacy

  • Chat messages are stored by Sendbird Inc. (USA) in accordance with their privacy policy
  • We may retain chat logs for safety, moderation, and legal compliance purposes
  • You can delete chat conversations from Your device, but copies may remain on our servers
  • For chat data deletion requests, contact support@tomotoki.app

Third-Party Chat Provider

Chat services are powered by Sendbird Inc., whose terms and privacy policy also apply:

  • Sendbird Terms: https://sendbird.com/terms
  • Sendbird Privacy Policy: https://sendbird.com/legal/privacy

Your use of chat features indicates acceptance of Sendbird's terms.

Calendar Integration

Device Calendar Access

Our Service may request access to Your Device's calendar to provide calendar synchronization and management features. This includes calendars synced with Your device from various providers such as:

  • Google Calendar
  • Apple Calendar (iCloud)
  • Microsoft Outlook Calendar
  • Other calendar services synchronized with Your device

Important: We access Your device calendar locally through standard device permissions. We do NOT directly integrate with Google Calendar API or other calendar service APIs.

How We Access Calendar Data

When You grant calendar permission:

  • We read calendar events from Your device's calendar app
  • We can create, modify, or delete events in Your device calendar (with Your permission)
  • We upload and store a copy of Your calendar data on our servers to provide Service functionality
  • This server storage is necessary for:
    • Social features (sharing events with friends, group planning)
    • Privacy settings (controlling event visibility)
    • AI-powered analysis and recommendations processed through our servers
    • Synchronization across Your devices
    • Push notifications and reminders
  • Your calendar data is encrypted in transit and at rest on our servers
  • Event context You share with AI features is sent to our AI providers (OpenAI, Google Gemini)

Calendar Data Usage

We store and use calendar data on our servers to:

  • Display Your events within the app across all Your devices
  • Sync events across Your devices in real-time (when signed in to the same account)
  • Enable social features (sharing events with friends, group planning, collaborative scheduling)
  • Manage privacy settings (control who can see Your events)
  • Provide AI-powered scheduling suggestions and recommendations
  • Send event reminders and push notifications
  • Facilitate event sharing and collaboration features
  • Analyze usage patterns to improve the Service (anonymized and aggregated)

Calendar Permissions

You can control calendar access at any time:

  • iOS: Settings > Privacy > Calendars > TomoToki
  • Android: Settings > Apps > TomoToki > Permissions > Calendar

Revoking calendar permission will limit app functionality but will not delete Your account.

Your Responsibilities

When You grant calendar access, You acknowledge that:

  • Data Upload Consent: By granting calendar access, You consent to uploading and storing Your calendar data on our servers
  • Accuracy: You are responsible for the accuracy of calendar data
  • Synchronization: Synchronization between devices may have delays or errors
  • Conflicts: The Company is not liable for calendar conflicts, missed events, or scheduling errors
  • Third-Party Calendars: Issues with third-party calendar services (Google, Apple, etc.) are outside our control
  • Backup: You should maintain independent backups of important calendar information

Calendar Data Risks

While We take reasonable measures to protect Your calendar data, You acknowledge that:

  • Security: No system is completely secure; data breaches may occur
  • Technical Issues: Technical problems may cause data loss, corruption, or synchronization errors
  • Backups: You should maintain independent backups of important calendar information
  • Device Loss: If You lose Your device, calendar data may be accessible to others

Calendar Data Retention

  • Active Use: Calendar data is stored on our servers while You actively use the Service
  • After Revocation: If You revoke calendar access, we delete Your calendar data from our servers within 30 days. This retention period allows for pending synchronization and account recovery.
  • AI Context: Event context shared with AI features is sent to AI providers (OpenAI, Gemini) and retained for up to 30 days by those providers
  • Account Deletion: When You delete Your account, we delete all calendar data stored on our servers within 30 days
  • Legal Retention: In some cases, we may be required to retain certain data for longer periods for legal compliance, security, or fraud prevention purposes

Revoking Calendar Access

You can revoke calendar access at any time through:

  • Your Device settings (as described above)
  • App Settings > Privacy > Calendar Access
  • Deleting Your account (permanent)

Revoking access does not affect calendar events created through the app, which remain in Your device calendar until You manually delete them.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@tomotoki.app and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at dmca@tomotoki.app. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

AI-Generated Content

With respect to content generated by AI features:

  • Your Input: You retain all rights to Your input (questions, prompts, messages to AI)
  • AI Output: AI-generated content is provided "as is" for Your personal use
  • Non-Exclusive: AI-generated content may not be unique; similar content may be generated for other users
  • No Ownership Claims: Neither the Company nor the AI providers (OpenAI, Google) claim ownership of AI-generated output
  • Commercial Use: You may use AI-generated content for personal purposes within the Service; commercial use requires consideration of AI provider terms

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support@tomotoki.app