Terms of Use

1. Agreement to these Terms

Tomo is provided by Benjamin Liang (“Tomo,” “we,” “us,” or “our”). The Tomo application and any related websites, content, features, functionality, services, updates, and successor versions are collectively the “Service.” By downloading, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 13 years old to use the Service. If you are under the age of legal majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf. You may not use Tomo if applicable law prohibits you from receiving the Service.

2. The Service

Tomo provides software designed to help people organize information, manage their time, focus, and support personal productivity. The Service includes the functionality Tomo makes available now or in the future. Some functionality may require an account, internet access, a compatible device, or a paid subscription.

The Service is a general productivity tool. It does not provide medical, mental-health, legal, financial, or educational advice, and it does not guarantee academic, professional, health, or other outcomes. You remain responsible for your decisions, deadlines, backups, and use of information stored in the app.

3. Accounts

You must provide accurate information, keep your sign-in credentials secure, and promptly notify us at support@tomofocus.com if you suspect unauthorized access. You are responsible for activity under your account except to the extent caused by our breach of these Terms or failure to use reasonable care. You may not transfer, sell, rent, or share your account in a way that compromises its security.

You may sign in using email and password, Sign in with Apple, or Google Sign-In where available. Your use of a third-party sign-in service is also subject to that provider’s terms. If you lose access to the selected sign-in method, some account features may become unavailable.

4. Limited license

Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use Tomo on devices you own or control, solely for your personal, non-commercial use and as permitted by the applicable app-store usage rules. Family Sharing or similar store features may apply where allowed by the store.

Tomo is licensed, not sold. Except where applicable law does not permit the restriction, you may not copy, distribute, publicly display, rent, lease, sell, sublicense, modify, create derivative works from, reverse engineer, decompile, attempt to extract source code from, interfere with, or circumvent security or access controls for the Service.

5. Subscriptions and purchases

Tomo may offer an auto-renewing subscription, currently called Tomo Plus, and may offer other in-app purchases. Available features, price, billing period, currency, and any trial terms are displayed before purchase. Taxes may apply. Purchases are processed by Apple’s App Store or Google Play, not directly by Tomo, and are subject to the store’s payment terms.

• Payment is charged to your store account when you confirm the purchase.
• An auto-renewing subscription renews unless you cancel through your store account before the store’s renewal cutoff. The store controls the exact cutoff, billing process, price-change notices, and renewal rules.
• You can manage or cancel a subscription in your App Store or Google Play subscription settings.
• Deleting Tomo or deleting your Tomo account does not cancel a store subscription.
• Refunds, billing disputes, and trial eligibility are handled by the applicable store under its policies, except where law requires otherwise. Tomo cannot issue a store refund directly.
• You may use Restore Purchases to recover eligible entitlements associated with your store account.

We may change paid features prospectively. A price change will take effect only as permitted by the store and applicable law. If a paid feature is materially discontinued, any remedy will be provided as required by law and the applicable store rules.

6. Your content

You retain ownership of any data, text, information, material, or other content you submit, create, store, or generate through the Service (“Your Content”). You grant us a limited, worldwide, royalty-free license to host, copy, transmit, process, and display Your Content only as needed to operate, secure, support, and improve the Service and fulfill your requests. This license ends when Your Content is deleted from our active systems, subject to reasonable backup, security, and legal retention periods.

You are responsible for Your Content and must have the rights needed to provide it. Do not enter highly sensitive information that the Service is not designed to store, such as financial-account credentials, government identification numbers, medical records, or another person’s confidential information.

7. Acceptable use

You may not use the Service to:

• violate law, regulation, court order, or another person’s rights;
• upload malicious code or attempt unauthorized access to an account, device, service, or network;
• probe, scan, overload, disrupt, or bypass security, rate limits, or access controls;
• impersonate another person, misrepresent affiliation, or use another person’s account without permission;
• automate access, scrape, or extract data except through interfaces we expressly provide; or
• use the Service or its content to create a competing service where prohibited by applicable law.

8. Tomo ownership

The Service, including its software, visual design, artwork, audio, text, trademarks, and other content excluding Your Content, is owned by us or our licensors and is protected by intellectual-property laws. These Terms grant only the limited license stated above. No other right, title, or interest is transferred to you. Feedback you voluntarily provide may be used without restriction or compensation, but we are not required to use it.

9. Third-party services

The Service may rely on, integrate with, or link to third-party products, platforms, websites, and services. Third-party services are governed by their own terms and privacy policies. We are not responsible for a third party’s independent acts, services, content, availability, or policies, except to the extent applicable law provides otherwise. You must comply with applicable third-party terms when using the Service.

10. Changes, availability, and updates

We may update the Service, add or remove features, impose reasonable usage limits, or suspend part of the Service for maintenance, security, legal, or operational reasons. We do not promise that every feature will always be available on every device or in every location. You may need to install updates to continue using the Service. We will provide notice when required by law and will not materially reduce a paid feature during a prepaid term without providing any remedy required by law.

11. Suspension, termination, and deletion

You may stop using the Service at any time. You may request permanent account deletion through the account settings made available in the Service. Account deletion is separate from subscription cancellation; you must cancel recurring billing through the applicable store.

We may suspend or terminate access if you materially or repeatedly violate these Terms, create a security or legal risk, fail to pay applicable charges, or if we discontinue the Service. Where reasonably practicable and legally permitted, we will provide notice and an opportunity to remedy the issue. Sections that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, and dispute terms—will survive.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DATA LOSS, OR THAT ANY ALERT OR TIME-SENSITIVE FEATURE WILL FUNCTION AS EXPECTED.

Some jurisdictions do not allow certain warranty exclusions. Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH LOSS WAS POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR TOMO DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$50. These limitations do not apply to liability that cannot be limited by law, including where applicable liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence.

14. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Benjamin Liang, together with any affiliates, employees, and agents, from third-party claims, losses, liabilities, and reasonable costs arising from Your Content, your unlawful misuse of Tomo, or your material violation of these Terms. This obligation does not apply to the extent a claim results from our own negligence, willful misconduct, or breach of these Terms.

15. Disputes and applicable law

Before filing a formal claim, you and Tomo agree to make a good-faith effort for 30 days to resolve the dispute informally by contacting support@tomofocus.com. The laws and courts that apply are determined by applicable law and, for an App Store license, Apple’s Standard EULA. Nothing in these Terms limits mandatory consumer protections or your right to use an available local dispute-resolution procedure.

16. App Store license

If you obtained Tomo through Apple’s App Store, your license to the app is also governed by Apple’s Standard Licensed Application End User License Agreement. If these Terms conflict with mandatory App Store terms, the mandatory App Store terms control.

17. General terms

These Terms and the Privacy Policy are the entire agreement between you and us regarding Tomo, except for additional terms presented for a specific feature or purchase. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, merger, acquisition, or sale of assets. Headings are for convenience only.

18. Changes to these Terms

We may update these Terms to reflect changes to Tomo, our business, or applicable law. We will update the date above and give additional notice when required. Material changes apply prospectively. If you do not agree to updated Terms, you must stop using Tomo and may delete your account. Continued use after updated Terms take effect constitutes acceptance where permitted by law.

19. Contact and support