This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Tome Ai app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, uploaded files, uploaded presentations, slide decks, PDFs, Word documents, Excel spreadsheets, text files, Markdown files, HTML files, webpage links, YouTube links, transcripts, captions, prompts, instructions, outlines, notes, images, logos, brand materials, AI-generated presentations, AI-generated slide content, presentation redesigns, document conversions, speaker notes, scripts, charts, tables, summaries, templates, themes, design elements, previews, exports, project history, data, software components, credits, usage allowances, unlockable features, or other information generated, provided, submitted, processed, or made available through the Services, whether created by Us, generated by automated systems, submitted by You, or supplied by third parties.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive, create, export, use, or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. The Services are intended only for adults. You may not use the Services if You are under 18 years old.
If You are a parent or legal guardian and You believe that a minor has accessed or used the Services, please contact Us so that We may take appropriate action.
Your Information
By using the Services, You may provide Us with personal information like Your email address, user name, billing information, uploaded files, prompts, presentation content, images, logos, brand materials, app history, purchase history, usage information, and other information that You enter, upload, submit, or make available. Please see Our Privacy Policy.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research or to build a competing product or service;
Upload, submit, paste, link to, convert, summarize, or process content that You do not have the right, permission, license, or lawful authority to use;
Upload, submit, paste, link to, convert, summarize, or process confidential, proprietary, private, restricted, non-public, or sensitive materials without authorization;
Use the Services to infringe, misappropriate, or violate any copyright, trademark, trade secret, privacy right, publicity right, contractual right, or other third-party right;
Create, upload, distribute, publish, or present content that is unlawful, harmful, abusive, harassing, hateful, defamatory, obscene, pornographic, sexually explicit, exploitative, discriminatory, misleading, fraudulent, deceptive, or otherwise objectionable;
Use the Services to generate fake business reports, fake financial information, fake academic work, fake research, fake citations, fake credentials, fake endorsements, fake authority, or other misleading or deceptive materials;
Misrepresent AI-generated, AI-assisted, summarized, converted, edited, or redesigned content as independently created, verified, complete, original, accurate, factual, or authentic when doing so would be misleading or unlawful;
Use the Services to impersonate another person, company, school, government agency, organization, brand, or other entity;
Use the Services to create or distribute malware, harmful code, tracking code, phishing materials, scams, spam, or other malicious or deceptive content;
Use the Services to bypass paywalls, access restrictions, authentication requirements, digital rights management, security measures, platform limitations, or usage restrictions;
Scrape, download, convert, summarize, reproduce, or redistribute third-party websites, videos, transcripts, documents, data, or other content in violation of applicable laws, platform rules, website terms, or third-party rights;
Use the Services for fully automated decision-making that could adversely impact an individual’s legal rights or create binding obligations;
Use the Services or Assets as a substitute for independent professional, legal, financial, accounting, investment, medical, academic, technical, safety, compliance, or business review;
Reverse engineer, decompile, or attempt to extract the underlying algorithms or models used in the Services;
Use automated tools, bots, scripts, or other automated means to access, interact with, overload, abuse, or extract data from the Services;
Share Your account or allow multiple users to access the Services through a single account, except as expressly permitted by the applicable plan terms;
Interfere with, disrupt, or attempt to gain unauthorized access to the Services, servers, systems, or networks connected to the Services;
Access or obtain any materials or information through any means not intentionally made available by the Services;
Violate these Terms of Service or any other policies applicable to the Services;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation; or
Attempt to do any of the foregoing.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, submitted materials, IP addresses and traffic information.
Informational, Productivity & No Professional Advice Disclaimer
The Services may provide automated presentation generation, AI-assisted writing, summarization, slide organization, document conversion, presentation redesign, speaker-note generation, chart generation, report drafting, design suggestions, and related productivity assistance for informational, creative, and productivity purposes only. The Services are not a substitute for independent judgment, fact-checking, professional review, or advice from a qualified professional.
The Services do not provide legal advice, financial advice, investment advice, accounting advice, tax advice, medical advice, academic advice, professional consulting advice, technical advice, safety advice, compliance advice, or other professional advice. You are solely responsible for reviewing, verifying, editing, and approving any presentation, slide, document, script, speaker note, chart, summary, recommendation, or other Asset before using, presenting, publishing, sharing, or relying on it.
AI Presentation Generation Disclaimer
The Services may use automated systems, artificial intelligence, machine learning, large language models, algorithms, document processing, data extraction, design automation, or other automated technologies to process User Content and generate Assets. AI-generated or AI-assisted outputs may contain errors, omissions, unsupported statements, inaccurate facts, incomplete summaries, misleading wording, incorrect formatting, design inconsistencies, incorrect assumptions, hallucinations, duplicated content, missing content, extra content, or other imperfections.
Results may vary significantly depending on Your prompt, uploaded files, file quality, source formatting, document structure, available transcripts, webpage accessibility, selected style, selected settings, subscription plan, usage limits, and other factors outside of Our control. You should not assume that any output is accurate, complete, original, legally compliant, commercially appropriate, or suitable for Your intended purpose without independent review.
Document, File & Content Conversion Disclaimer
The Services may allow You to upload, submit, paste, import, convert, summarize, redesign, or generate presentations from files or content such as presentations, PDFs, Word documents, Excel spreadsheets, text files, Markdown files, HTML files, webpages, YouTube links, transcripts, images, logos, or other materials. Conversions and outputs may not preserve all formatting, tables, charts, formulas, images, animations, fonts, layouts, slide transitions, comments, speaker notes, embedded files, hyperlinks, metadata, accessibility features, or other source-file elements.
Uploaded files may be unsupported, partially readable, unreadable, corrupted, password-protected, too large, too complex, or otherwise unsuitable for processing. We do not guarantee that any file, link, transcript, document, spreadsheet, presentation, or other content can be imported, converted, summarized, redesigned, exported, or processed successfully.
YouTube, Webpage & Third-Party Content Disclaimer
The Services may allow You to submit links, URLs, webpages, YouTube links, transcripts, captions, metadata, or other third-party content for summarization, conversion, or presentation generation. You are solely responsible for ensuring that You have the right, authorization, and lawful basis to submit, access, summarize, convert, reproduce, display, distribute, or otherwise use any third-party content through the Services.
The Services are not affiliated with, sponsored by, endorsed by, or connected to YouTube, Google, any website owner, publisher, video creator, platform, school, employer, brand, or other third party unless expressly stated by Us. Transcripts, captions, webpage content, metadata, and other third-party materials may be incomplete, inaccurate, unavailable, restricted, or subject to third-party terms and rights.
You may not use the Services to bypass paywalls, login requirements, access restrictions, usage restrictions, platform rules, website terms, copyright protections, digital rights management, or other limitations. You should not submit private, paywalled, confidential, proprietary, restricted, or non-public content unless You have authorization to do so.
Spreadsheet, Chart & Data Disclaimer
The Services may allow You to upload, submit, summarize, analyze, visualize, or convert spreadsheets, tables, datasets, reports, or other data into presentations, charts, summaries, dashboards, or recommendations. Automated systems may misread data, select incorrect ranges, interpret formulas incorrectly, omit rows or columns, create inaccurate charts, generate incorrect calculations, or summarize information incorrectly.
You are solely responsible for reviewing and verifying all data, formulas, charts, calculations, labels, assumptions, summaries, insights, financial information, business information, statistical information, and conclusions before using, presenting, publishing, distributing, or relying on any Asset.
The Services may allow You to upload files, presentations, documents, spreadsheets, images, logos, text, prompts, outlines, notes, links, webpages, transcripts, captions, data, brand materials, or other content (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, licenses, authorizations, and consents to upload, submit, import, process, summarize, convert, redesign, generate from, use, share, publish, distribute, or commercialize any User Content through the Services.
You grant WhatsGoodApps a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, analyze, transmit, display, modify, convert, summarize, create derivative works from, and create outputs from Your User Content solely as reasonably necessary to provide, maintain, operate, improve, secure, and support the Services, including generating presentations, slides, speaker notes, outlines, charts, summaries, previews, exports, project history, and other Assets.
You retain ownership of Your User Content. However, You are solely responsible for Your User Content and for ensuring that Your upload, submission, use, conversion, summarization, redesign, sharing, publication, presentation, and distribution of User Content and related Assets complies with all applicable laws and does not violate the privacy, publicity, intellectual property, confidentiality, contractual, employment, academic, or other rights of any third party.
Publicity, Privacy, Intellectual Property & Confidentiality Rights
You are solely responsible for obtaining any permissions, releases, licenses, or consents necessary to upload, submit, process, convert, summarize, redesign, use, share, publish, present, distribute, or commercialize any User Content or Assets. This includes, without limitation, permissions relating to people, likenesses, names, images, brands, logos, trademarks, copyrighted materials, data, confidential information, proprietary materials, trade secrets, client materials, workplace materials, academic materials, publicity rights, privacy rights, and any other third-party rights.
WhatsGoodApps does not grant You any rights to use any third party’s name, image, likeness, brand, logo, trademark, copyrighted work, data, confidential information, publicity rights, privacy rights, or other rights. You agree that You will not use the Services or Assets in any manner that infringes, misappropriates, violates, discloses, or otherwise interferes with any third-party rights, confidentiality obligations, employment obligations, client obligations, academic obligations, professional obligations, contractual obligations, or legal requirements.
You should not upload, submit, paste, link to, or otherwise provide trade secrets, private business plans, confidential financial information, personal data, student records, medical records, legal documents, employment records, client materials, non-public information, or other sensitive or confidential information unless You have authorization and have determined that such use is appropriate for Your circumstances.
Templates, Themes, Brand Assets & Design Elements
The Services may provide, generate, suggest, or make available templates, slide layouts, design themes, colors, icons, graphics, charts, visual elements, fonts, stock-like elements, or other design materials. Subject to these Terms, You may use such materials as part of the Assets generated through the Services for Your personal or internal business purposes, unless additional restrictions are presented to You.
You may not extract, copy, scrape, resell, redistribute, sublicense, package, publish, or separately commercialize app-provided templates, themes, layouts, icons, design elements, or other materials except as incorporated into permitted outputs generated through the Services. You are solely responsible for ensuring that Your use of templates, themes, brand assets, logos, fonts, images, and other design elements is appropriate for Your intended use.
If the Services may allow You to upload or use logos, trademarks, brand colors, fonts, brand guidelines, images, or other brand materials, You represent and warrant that You have all rights and permissions necessary to use those materials through the Services.
Export, Compatibility & Formatting Limitations
The Services may allow You to preview, download, share, or export Assets in presentation, document, image, PDF, or other formats. Exports may not appear identical across Microsoft PowerPoint, Apple Keynote, Google Slides, web browsers, mobile devices, desktop software, operating systems, presentation displays, projectors, printers, or other platforms. Fonts, colors, spacing, layouts, images, charts, animations, transitions, speaker notes, hyperlinks, media, and other elements may render differently or may not function as expected.
You are solely responsible for reviewing all exported files before presenting, publishing, printing, distributing, uploading, sharing, or relying on them. We do not guarantee compatibility with any third-party software, file format, device, platform, app store, workplace system, learning management system, conference system, or presentation environment.
Academic, Workplace & Client Use
If You use the Services for school, work, client projects, professional projects, business presentations, pitches, reports, proposals, webinars, training materials, or other similar purposes, You are solely responsible for complying with all applicable school rules, workplace policies, client obligations, confidentiality obligations, professional standards, plagiarism rules, citation requirements, disclosure requirements, platform terms, and applicable laws.
We do not guarantee that any Asset satisfies the requirements of any school, employer, client, regulator, professional body, platform, or other organization.
User Responsibility for Review, Sharing and Use
You are solely responsible for how You interpret, edit, verify, use, rely on, present, caption, share, publish, distribute, display, represent, or commercialize any User Content, presentation, slide, summary, speaker note, script, chart, recommendation, export, or other Asset provided by the Services. WhatsGoodApps is not responsible for any confusion, dispute, claim, reputational harm, academic consequence, workplace consequence, client dispute, business loss, takedown request, platform restriction, loss, or liability arising from Your use or sharing of any User Content or Assets.
You agree to clearly and responsibly represent AI-generated or AI-assisted content when context requires it, and You agree not to use any Asset in a way that is misleading, deceptive, defamatory, harmful, exploitative, unlawful, infringing, confidentially improper, or likely to cause confusion about authorship, accuracy, verification, source material, affiliation, endorsement, or factual status.
In-App Purchases, Subscriptions, Usage Limits, and Enterprise Practical Limits
The App may be available for free in a limited capacity and may offer paid features, in-app purchases, subscriptions, credits, usage allowances, premium features, export access, file uploads, presentation generations, slide generations, document conversions, presentation redesigns, speaker-note generations, premium templates, advanced features, or other digital features. Prices, availability, usage limits, included features, plan names, renewal terms, and feature availability may vary and may be changed from time to time as permitted by applicable platform rules and law.
The App may offer subscription tiers such as Pro, Premium/Business, and Enterprise. Each tier may include different limits, successively larger limits, or different available features, including limits on presentation generations, number of presentations, number of slides per presentation, file sizes, document conversions, exports, AI usage, priority processing, support options, and other plan benefits. Each tier may be offered with monthly and yearly subscription options. Specific prices, features, usage allowances, and renewal terms are presented at the time of purchase and may vary by platform, region, promotional offer, subscription period, and plan.
Credits, usage allowances, premium features, exports, unlockable features, and similar digital items are virtual app features only. They have no cash value, are not redeemable for money or property, are not transferable, and may be modified, suspended, removed, reset, or discontinued as part of App changes, account issues, technical issues, subscription changes, deletion of the App, loss of device data, or other circumstances.
Unless otherwise expressly stated, subscription-based usage allowances are limited to the applicable subscription period, plan limit, daily allowance, weekly allowance, monthly allowance, yearly allowance, or other stated usage period and do not accumulate, roll over, carry forward, convert into credits, become redeemable, or become available for use after the applicable period ends. You are responsible for reviewing all pricing, renewal, cancellation, and refund terms presented by the applicable app store or payment platform before completing any purchase.
Enterprise plans may be described as including unlimited presentations, unlimited slides per presentation, or other unlimited features. For any plan described as “unlimited,” “unlimited” means that no fixed numerical plan cap may be applied to ordinary, good-faith use during the applicable subscription period. “Unlimited” does not mean infinite, unrestricted, abusive, automated, unlawful, technically impossible, or commercially unreasonable use. Enterprise usage and any other unlimited usage remain subject to practical, technical, operational, security, file-size, processing-time, storage, output-size, availability, platform, fair-use, anti-abuse, and content-policy limits.
We may delay, throttle, restrict, suspend, or refuse processing, generation, export, or access where use is excessive, abusive, automated, harmful, unlawful, disruptive, technically impractical, inconsistent with ordinary use, or likely to degrade the Services for other users.
Data Storage, Project History & Loss of Content
User Content, uploaded files, generated presentations, slide previews, speaker notes, outlines, summaries, charts, exports, templates, brand settings, usage history, purchase-related usage data, credits, usage allowances, project history, or other Assets may be stored persistently for convenience within the App and to provide history, export, subscription, usage, or related features. However, WhatsGoodApps does not guarantee permanent storage, backup, availability, or recoverability of any such content, outputs, credits, usage allowances, or project history.
If the App is deleted, Your device is changed, access is lost, data is deleted, phone data is lost or corrupted, an account is deleted, a subscription ends, the App’s local or associated storage is cleared, or a technical issue occurs, Your User Content, uploaded files, generated presentations, slide previews, speaker notes, outlines, summaries, charts, exports, templates, brand settings, credits, usage allowances, and project history may be permanently lost. You are responsible for downloading, exporting, backing up, and maintaining any copies of content or outputs that You wish to keep.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, consent, ownership, confidentiality, permissions, appropriateness, or rights status of any uploaded file, submitted information, linked content, generated presentation, slide, summary, speaker note, chart, export, use, sharing, or other output.
Non-Reliance Clause
You agree that You are not relying on the App as Your primary source of professional presentation creation, fact-checking, legal guidance, financial guidance, accounting guidance, tax guidance, investment guidance, medical guidance, academic guidance, technical guidance, compliance guidance, business guidance, data verification, intellectual property guidance, privacy guidance, confidentiality guidance, or other professional advice, and that any decision to use, share, publish, present, interpret, or rely on the App’s outputs is made solely by You.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any presentation, slide, summary, speaker note, script, chart, table, recommendation, document conversion, presentation redesign, export, project history, credit, usage allowance, premium feature, or other Asset generated, processed, provided, or made available by the App.
Any inaccuracy, incompleteness, unsupported statement, hallucination, formatting issue, design inconsistency, missing content, duplicated content, extra content, incorrect chart, incorrect calculation, incorrect data interpretation, or other error in any output resulting from automated processing, including AI-based interpretation, summarization, conversion, redesign, or generation of User Content.
Any incorrect, incomplete, distorted, inconsistent, corrupted, unsupported, or unusable output caused by file quality, file format, file size, password protection, source formatting, missing transcript, webpage restrictions, spreadsheet formulas, complex layouts, embedded media, fonts, images, third-party software, or failure to follow App instructions.
Any dissatisfaction, reputational concern, academic consequence, workplace consequence, client dispute, presentation error, business loss, audience reaction, third-party reaction, platform restriction, takedown request, dispute, claim, or other personal, social, commercial, professional, academic, or reputational impact arising from use of the Services or Assets.
Any failure of the App or Assets to achieve any desired aesthetic, business outcome, educational outcome, sales outcome, fundraising outcome, academic outcome, professional outcome, client outcome, presentation result, export result, compatibility result, or any other result.
Any misinterpretation, misuse, attribution, citation, captioning, sharing, presentation, publication, distribution, commercialization, or representation of User Content or Assets by the User or any third party.
Any loss, deletion, corruption, reset, or unavailability of uploaded files, generated presentations, slide previews, speaker notes, outlines, summaries, charts, exports, templates, brand settings, usage history, credits, usage allowances, premium features, or other Assets, including due to deletion of the App or loss of device data.
Any disclosure, misuse, processing, or loss of confidential, proprietary, private, sensitive, restricted, non-public, client, workplace, academic, personal, or third-party materials submitted by You.
Any third-party claim relating to copyright, trademark, publicity rights, privacy rights, confidentiality, contract, employment, academic rules, professional rules, platform rules, or other rights or obligations.
Any decisions or actions taken by the User based on the App’s outputs, summaries, charts, recommendations, presentations, speaker notes, or other Assets.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial, legal, medical, academic, accounting, tax, investment, business, technical, compliance, intellectual property, privacy, confidentiality, or other professional advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, including User Content, uploaded files, presentations, documents, spreadsheets, images, logos, prompts, transcripts, links, and other submitted content, (b) Your upload, submission, conversion, summarization, redesign, use, sharing, presentation, publication, distribution, commercialization, or representation of User Content or Assets without necessary rights, permissions, licenses, authorizations, or consents, (c) Your use of the Services, including Your access to, use of, sharing of, reliance on, or misuse of the Services or Assets, (d) Your violation of any privacy, publicity, intellectual property, confidentiality, contractual, employment, academic, professional, platform, or other third-party rights or obligations, or (e) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.
TOS Tome
Terms of Service
Last updated July 2, 2026.
This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Tome Ai app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, uploaded files, uploaded presentations, slide decks, PDFs, Word documents, Excel spreadsheets, text files, Markdown files, HTML files, webpage links, YouTube links, transcripts, captions, prompts, instructions, outlines, notes, images, logos, brand materials, AI-generated presentations, AI-generated slide content, presentation redesigns, document conversions, speaker notes, scripts, charts, tables, summaries, templates, themes, design elements, previews, exports, project history, data, software components, credits, usage allowances, unlockable features, or other information generated, provided, submitted, processed, or made available through the Services, whether created by Us, generated by automated systems, submitted by You, or supplied by third parties.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive, create, export, use, or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. The Services are intended only for adults. You may not use the Services if You are under 18 years old.
If You are a parent or legal guardian and You believe that a minor has accessed or used the Services, please contact Us so that We may take appropriate action.
Your Information
By using the Services, You may provide Us with personal information like Your email address, user name, billing information, uploaded files, prompts, presentation content, images, logos, brand materials, app history, purchase history, usage information, and other information that You enter, upload, submit, or make available. Please see Our Privacy Policy.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research or to build a competing product or service;
Upload, submit, paste, link to, convert, summarize, or process content that You do not have the right, permission, license, or lawful authority to use;
Upload, submit, paste, link to, convert, summarize, or process confidential, proprietary, private, restricted, non-public, or sensitive materials without authorization;
Use the Services to infringe, misappropriate, or violate any copyright, trademark, trade secret, privacy right, publicity right, contractual right, or other third-party right;
Create, upload, distribute, publish, or present content that is unlawful, harmful, abusive, harassing, hateful, defamatory, obscene, pornographic, sexually explicit, exploitative, discriminatory, misleading, fraudulent, deceptive, or otherwise objectionable;
Use the Services to generate fake business reports, fake financial information, fake academic work, fake research, fake citations, fake credentials, fake endorsements, fake authority, or other misleading or deceptive materials;
Misrepresent AI-generated, AI-assisted, summarized, converted, edited, or redesigned content as independently created, verified, complete, original, accurate, factual, or authentic when doing so would be misleading or unlawful;
Use the Services to impersonate another person, company, school, government agency, organization, brand, or other entity;
Use the Services to create or distribute malware, harmful code, tracking code, phishing materials, scams, spam, or other malicious or deceptive content;
Use the Services to bypass paywalls, access restrictions, authentication requirements, digital rights management, security measures, platform limitations, or usage restrictions;
Scrape, download, convert, summarize, reproduce, or redistribute third-party websites, videos, transcripts, documents, data, or other content in violation of applicable laws, platform rules, website terms, or third-party rights;
Use the Services for fully automated decision-making that could adversely impact an individual’s legal rights or create binding obligations;
Use the Services or Assets as a substitute for independent professional, legal, financial, accounting, investment, medical, academic, technical, safety, compliance, or business review;
Reverse engineer, decompile, or attempt to extract the underlying algorithms or models used in the Services;
Use automated tools, bots, scripts, or other automated means to access, interact with, overload, abuse, or extract data from the Services;
Share Your account or allow multiple users to access the Services through a single account, except as expressly permitted by the applicable plan terms;
Interfere with, disrupt, or attempt to gain unauthorized access to the Services, servers, systems, or networks connected to the Services;
Access or obtain any materials or information through any means not intentionally made available by the Services;
Violate these Terms of Service or any other policies applicable to the Services;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation; or
Attempt to do any of the foregoing.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, submitted materials, IP addresses and traffic information.
Informational, Productivity & No Professional Advice Disclaimer
The Services may provide automated presentation generation, AI-assisted writing, summarization, slide organization, document conversion, presentation redesign, speaker-note generation, chart generation, report drafting, design suggestions, and related productivity assistance for informational, creative, and productivity purposes only. The Services are not a substitute for independent judgment, fact-checking, professional review, or advice from a qualified professional.
The Services do not provide legal advice, financial advice, investment advice, accounting advice, tax advice, medical advice, academic advice, professional consulting advice, technical advice, safety advice, compliance advice, or other professional advice. You are solely responsible for reviewing, verifying, editing, and approving any presentation, slide, document, script, speaker note, chart, summary, recommendation, or other Asset before using, presenting, publishing, sharing, or relying on it.
AI Presentation Generation Disclaimer
The Services may use automated systems, artificial intelligence, machine learning, large language models, algorithms, document processing, data extraction, design automation, or other automated technologies to process User Content and generate Assets. AI-generated or AI-assisted outputs may contain errors, omissions, unsupported statements, inaccurate facts, incomplete summaries, misleading wording, incorrect formatting, design inconsistencies, incorrect assumptions, hallucinations, duplicated content, missing content, extra content, or other imperfections.
Results may vary significantly depending on Your prompt, uploaded files, file quality, source formatting, document structure, available transcripts, webpage accessibility, selected style, selected settings, subscription plan, usage limits, and other factors outside of Our control. You should not assume that any output is accurate, complete, original, legally compliant, commercially appropriate, or suitable for Your intended purpose without independent review.
Document, File & Content Conversion Disclaimer
The Services may allow You to upload, submit, paste, import, convert, summarize, redesign, or generate presentations from files or content such as presentations, PDFs, Word documents, Excel spreadsheets, text files, Markdown files, HTML files, webpages, YouTube links, transcripts, images, logos, or other materials. Conversions and outputs may not preserve all formatting, tables, charts, formulas, images, animations, fonts, layouts, slide transitions, comments, speaker notes, embedded files, hyperlinks, metadata, accessibility features, or other source-file elements.
Uploaded files may be unsupported, partially readable, unreadable, corrupted, password-protected, too large, too complex, or otherwise unsuitable for processing. We do not guarantee that any file, link, transcript, document, spreadsheet, presentation, or other content can be imported, converted, summarized, redesigned, exported, or processed successfully.
YouTube, Webpage & Third-Party Content Disclaimer
The Services may allow You to submit links, URLs, webpages, YouTube links, transcripts, captions, metadata, or other third-party content for summarization, conversion, or presentation generation. You are solely responsible for ensuring that You have the right, authorization, and lawful basis to submit, access, summarize, convert, reproduce, display, distribute, or otherwise use any third-party content through the Services.
The Services are not affiliated with, sponsored by, endorsed by, or connected to YouTube, Google, any website owner, publisher, video creator, platform, school, employer, brand, or other third party unless expressly stated by Us. Transcripts, captions, webpage content, metadata, and other third-party materials may be incomplete, inaccurate, unavailable, restricted, or subject to third-party terms and rights.
You may not use the Services to bypass paywalls, login requirements, access restrictions, usage restrictions, platform rules, website terms, copyright protections, digital rights management, or other limitations. You should not submit private, paywalled, confidential, proprietary, restricted, or non-public content unless You have authorization to do so.
Spreadsheet, Chart & Data Disclaimer
The Services may allow You to upload, submit, summarize, analyze, visualize, or convert spreadsheets, tables, datasets, reports, or other data into presentations, charts, summaries, dashboards, or recommendations. Automated systems may misread data, select incorrect ranges, interpret formulas incorrectly, omit rows or columns, create inaccurate charts, generate incorrect calculations, or summarize information incorrectly.
You are solely responsible for reviewing and verifying all data, formulas, charts, calculations, labels, assumptions, summaries, insights, financial information, business information, statistical information, and conclusions before using, presenting, publishing, distributing, or relying on any Asset.
User-Generated Content, Uploaded Files & Submitted Materials
The Services may allow You to upload files, presentations, documents, spreadsheets, images, logos, text, prompts, outlines, notes, links, webpages, transcripts, captions, data, brand materials, or other content (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, licenses, authorizations, and consents to upload, submit, import, process, summarize, convert, redesign, generate from, use, share, publish, distribute, or commercialize any User Content through the Services.
You grant WhatsGoodApps a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, analyze, transmit, display, modify, convert, summarize, create derivative works from, and create outputs from Your User Content solely as reasonably necessary to provide, maintain, operate, improve, secure, and support the Services, including generating presentations, slides, speaker notes, outlines, charts, summaries, previews, exports, project history, and other Assets.
You retain ownership of Your User Content. However, You are solely responsible for Your User Content and for ensuring that Your upload, submission, use, conversion, summarization, redesign, sharing, publication, presentation, and distribution of User Content and related Assets complies with all applicable laws and does not violate the privacy, publicity, intellectual property, confidentiality, contractual, employment, academic, or other rights of any third party.
Publicity, Privacy, Intellectual Property & Confidentiality Rights
You are solely responsible for obtaining any permissions, releases, licenses, or consents necessary to upload, submit, process, convert, summarize, redesign, use, share, publish, present, distribute, or commercialize any User Content or Assets. This includes, without limitation, permissions relating to people, likenesses, names, images, brands, logos, trademarks, copyrighted materials, data, confidential information, proprietary materials, trade secrets, client materials, workplace materials, academic materials, publicity rights, privacy rights, and any other third-party rights.
WhatsGoodApps does not grant You any rights to use any third party’s name, image, likeness, brand, logo, trademark, copyrighted work, data, confidential information, publicity rights, privacy rights, or other rights. You agree that You will not use the Services or Assets in any manner that infringes, misappropriates, violates, discloses, or otherwise interferes with any third-party rights, confidentiality obligations, employment obligations, client obligations, academic obligations, professional obligations, contractual obligations, or legal requirements.
You should not upload, submit, paste, link to, or otherwise provide trade secrets, private business plans, confidential financial information, personal data, student records, medical records, legal documents, employment records, client materials, non-public information, or other sensitive or confidential information unless You have authorization and have determined that such use is appropriate for Your circumstances.
Templates, Themes, Brand Assets & Design Elements
The Services may provide, generate, suggest, or make available templates, slide layouts, design themes, colors, icons, graphics, charts, visual elements, fonts, stock-like elements, or other design materials. Subject to these Terms, You may use such materials as part of the Assets generated through the Services for Your personal or internal business purposes, unless additional restrictions are presented to You.
You may not extract, copy, scrape, resell, redistribute, sublicense, package, publish, or separately commercialize app-provided templates, themes, layouts, icons, design elements, or other materials except as incorporated into permitted outputs generated through the Services. You are solely responsible for ensuring that Your use of templates, themes, brand assets, logos, fonts, images, and other design elements is appropriate for Your intended use.
If the Services may allow You to upload or use logos, trademarks, brand colors, fonts, brand guidelines, images, or other brand materials, You represent and warrant that You have all rights and permissions necessary to use those materials through the Services.
Export, Compatibility & Formatting Limitations
The Services may allow You to preview, download, share, or export Assets in presentation, document, image, PDF, or other formats. Exports may not appear identical across Microsoft PowerPoint, Apple Keynote, Google Slides, web browsers, mobile devices, desktop software, operating systems, presentation displays, projectors, printers, or other platforms. Fonts, colors, spacing, layouts, images, charts, animations, transitions, speaker notes, hyperlinks, media, and other elements may render differently or may not function as expected.
You are solely responsible for reviewing all exported files before presenting, publishing, printing, distributing, uploading, sharing, or relying on them. We do not guarantee compatibility with any third-party software, file format, device, platform, app store, workplace system, learning management system, conference system, or presentation environment.
Academic, Workplace & Client Use
If You use the Services for school, work, client projects, professional projects, business presentations, pitches, reports, proposals, webinars, training materials, or other similar purposes, You are solely responsible for complying with all applicable school rules, workplace policies, client obligations, confidentiality obligations, professional standards, plagiarism rules, citation requirements, disclosure requirements, platform terms, and applicable laws.
We do not guarantee that any Asset satisfies the requirements of any school, employer, client, regulator, professional body, platform, or other organization.
User Responsibility for Review, Sharing and Use
You are solely responsible for how You interpret, edit, verify, use, rely on, present, caption, share, publish, distribute, display, represent, or commercialize any User Content, presentation, slide, summary, speaker note, script, chart, recommendation, export, or other Asset provided by the Services. WhatsGoodApps is not responsible for any confusion, dispute, claim, reputational harm, academic consequence, workplace consequence, client dispute, business loss, takedown request, platform restriction, loss, or liability arising from Your use or sharing of any User Content or Assets.
You agree to clearly and responsibly represent AI-generated or AI-assisted content when context requires it, and You agree not to use any Asset in a way that is misleading, deceptive, defamatory, harmful, exploitative, unlawful, infringing, confidentially improper, or likely to cause confusion about authorship, accuracy, verification, source material, affiliation, endorsement, or factual status.
In-App Purchases, Subscriptions, Usage Limits, and Enterprise Practical Limits
The App may be available for free in a limited capacity and may offer paid features, in-app purchases, subscriptions, credits, usage allowances, premium features, export access, file uploads, presentation generations, slide generations, document conversions, presentation redesigns, speaker-note generations, premium templates, advanced features, or other digital features. Prices, availability, usage limits, included features, plan names, renewal terms, and feature availability may vary and may be changed from time to time as permitted by applicable platform rules and law.
The App may offer subscription tiers such as Pro, Premium/Business, and Enterprise. Each tier may include different limits, successively larger limits, or different available features, including limits on presentation generations, number of presentations, number of slides per presentation, file sizes, document conversions, exports, AI usage, priority processing, support options, and other plan benefits. Each tier may be offered with monthly and yearly subscription options. Specific prices, features, usage allowances, and renewal terms are presented at the time of purchase and may vary by platform, region, promotional offer, subscription period, and plan.
Credits, usage allowances, premium features, exports, unlockable features, and similar digital items are virtual app features only. They have no cash value, are not redeemable for money or property, are not transferable, and may be modified, suspended, removed, reset, or discontinued as part of App changes, account issues, technical issues, subscription changes, deletion of the App, loss of device data, or other circumstances.
Unless otherwise expressly stated, subscription-based usage allowances are limited to the applicable subscription period, plan limit, daily allowance, weekly allowance, monthly allowance, yearly allowance, or other stated usage period and do not accumulate, roll over, carry forward, convert into credits, become redeemable, or become available for use after the applicable period ends. You are responsible for reviewing all pricing, renewal, cancellation, and refund terms presented by the applicable app store or payment platform before completing any purchase.
Enterprise plans may be described as including unlimited presentations, unlimited slides per presentation, or other unlimited features. For any plan described as “unlimited,” “unlimited” means that no fixed numerical plan cap may be applied to ordinary, good-faith use during the applicable subscription period. “Unlimited” does not mean infinite, unrestricted, abusive, automated, unlawful, technically impossible, or commercially unreasonable use. Enterprise usage and any other unlimited usage remain subject to practical, technical, operational, security, file-size, processing-time, storage, output-size, availability, platform, fair-use, anti-abuse, and content-policy limits.
We may delay, throttle, restrict, suspend, or refuse processing, generation, export, or access where use is excessive, abusive, automated, harmful, unlawful, disruptive, technically impractical, inconsistent with ordinary use, or likely to degrade the Services for other users.
Data Storage, Project History & Loss of Content
User Content, uploaded files, generated presentations, slide previews, speaker notes, outlines, summaries, charts, exports, templates, brand settings, usage history, purchase-related usage data, credits, usage allowances, project history, or other Assets may be stored persistently for convenience within the App and to provide history, export, subscription, usage, or related features. However, WhatsGoodApps does not guarantee permanent storage, backup, availability, or recoverability of any such content, outputs, credits, usage allowances, or project history.
If the App is deleted, Your device is changed, access is lost, data is deleted, phone data is lost or corrupted, an account is deleted, a subscription ends, the App’s local or associated storage is cleared, or a technical issue occurs, Your User Content, uploaded files, generated presentations, slide previews, speaker notes, outlines, summaries, charts, exports, templates, brand settings, credits, usage allowances, and project history may be permanently lost. You are responsible for downloading, exporting, backing up, and maintaining any copies of content or outputs that You wish to keep.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, consent, ownership, confidentiality, permissions, appropriateness, or rights status of any uploaded file, submitted information, linked content, generated presentation, slide, summary, speaker note, chart, export, use, sharing, or other output.
Non-Reliance Clause
You agree that You are not relying on the App as Your primary source of professional presentation creation, fact-checking, legal guidance, financial guidance, accounting guidance, tax guidance, investment guidance, medical guidance, academic guidance, technical guidance, compliance guidance, business guidance, data verification, intellectual property guidance, privacy guidance, confidentiality guidance, or other professional advice, and that any decision to use, share, publish, present, interpret, or rely on the App’s outputs is made solely by You.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any presentation, slide, summary, speaker note, script, chart, table, recommendation, document conversion, presentation redesign, export, project history, credit, usage allowance, premium feature, or other Asset generated, processed, provided, or made available by the App.
Any inaccuracy, incompleteness, unsupported statement, hallucination, formatting issue, design inconsistency, missing content, duplicated content, extra content, incorrect chart, incorrect calculation, incorrect data interpretation, or other error in any output resulting from automated processing, including AI-based interpretation, summarization, conversion, redesign, or generation of User Content.
Any incorrect, incomplete, distorted, inconsistent, corrupted, unsupported, or unusable output caused by file quality, file format, file size, password protection, source formatting, missing transcript, webpage restrictions, spreadsheet formulas, complex layouts, embedded media, fonts, images, third-party software, or failure to follow App instructions.
Any dissatisfaction, reputational concern, academic consequence, workplace consequence, client dispute, presentation error, business loss, audience reaction, third-party reaction, platform restriction, takedown request, dispute, claim, or other personal, social, commercial, professional, academic, or reputational impact arising from use of the Services or Assets.
Any failure of the App or Assets to achieve any desired aesthetic, business outcome, educational outcome, sales outcome, fundraising outcome, academic outcome, professional outcome, client outcome, presentation result, export result, compatibility result, or any other result.
Any misinterpretation, misuse, attribution, citation, captioning, sharing, presentation, publication, distribution, commercialization, or representation of User Content or Assets by the User or any third party.
Any loss, deletion, corruption, reset, or unavailability of uploaded files, generated presentations, slide previews, speaker notes, outlines, summaries, charts, exports, templates, brand settings, usage history, credits, usage allowances, premium features, or other Assets, including due to deletion of the App or loss of device data.
Any disclosure, misuse, processing, or loss of confidential, proprietary, private, sensitive, restricted, non-public, client, workplace, academic, personal, or third-party materials submitted by You.
Any third-party claim relating to copyright, trademark, publicity rights, privacy rights, confidentiality, contract, employment, academic rules, professional rules, platform rules, or other rights or obligations.
Any decisions or actions taken by the User based on the App’s outputs, summaries, charts, recommendations, presentations, speaker notes, or other Assets.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial, legal, medical, academic, accounting, tax, investment, business, technical, compliance, intellectual property, privacy, confidentiality, or other professional advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, including User Content, uploaded files, presentations, documents, spreadsheets, images, logos, prompts, transcripts, links, and other submitted content, (b) Your upload, submission, conversion, summarization, redesign, use, sharing, presentation, publication, distribution, commercialization, or representation of User Content or Assets without necessary rights, permissions, licenses, authorizations, or consents, (c) Your use of the Services, including Your access to, use of, sharing of, reliance on, or misuse of the Services or Assets, (d) Your violation of any privacy, publicity, intellectual property, confidentiality, contractual, employment, academic, professional, platform, or other third-party rights or obligations, or (e) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.