Please read these Terms and Conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
Capitalized words have meanings defined under these Terms. The same definitions apply whether used in the singular or plural.
Definitions
• Application means the software program provided by Tomorrowsmith Media Limited downloaded by You on any device.
• Application Store means Apple’s digital distribution platform.
• Affiliate means an entity that controls, is controlled by, or is under common control with the Company.
• Company refers to Tomorrowsmith Media Limited (“We”, “Us”, “Our”).
• Device means any device that can access the Service, such as a phone or tablet.
• Service refers to the Application.
• Terms and Conditions (“Terms”) mean this agreement between You and the Company.
• Third-party Social Media Service refers to services or content provided by third parties integrated into the Service.
• You means the individual or entity using the Service.
Acknowledgment
These Terms govern your use of the Service and form the binding agreement between You and Tomorrowsmith Media Limited. By using the Service, You agree to comply with these Terms. If You do not agree, You may not access the Service.
You confirm that You are over 18 years of age. The Service is not intended for those under 18.
Your use of the Service is also governed by Our Privacy Policy, which You must review and accept.
Intellectual Property
The Service and its original content (excluding user-generated content) remain the exclusive property of the Company and its licensors and are protected by law. You may not use any trademarks or branding without prior written permission.
Links to Other Websites
Our Service may link to external websites. We are not responsible for their content or privacy practices. You acknowledge that We are not liable for any loss or damage from such third-party websites.
Termination
We reserve the right to suspend or terminate access immediately for any breach of these Terms. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or goodwill, even if advised of the possibility.
In jurisdictions that limit such exclusions, liability shall be limited to the greatest extent allowed by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not guarantee uninterrupted access, error-free functionality, or virus-free content. Use the Service at Your own risk.
Governing Law
These Terms shall be governed by the laws of Hong Kong, excluding conflict of law rules. Your use of the Application may also be subject to local, state, national, or international laws.
Dispute Resolution
If You have a concern or dispute, You agree to attempt informal resolution by contacting Us first.
EU Residents
If You are an EU consumer, You benefit from mandatory legal protections in Your country of residence.
U.S. Government Use
The Service qualifies as a “Commercial Item” under 48 C.F.R. §2.101.
U.S. Legal Compliance
You confirm You are not located in any U.S. embargoed country or listed on any restricted party list.
Severability and Waiver
If any provision of these Terms is unenforceable, the rest will remain in effect. Failure to enforce a right is not a waiver of future rights.
Translation
If these Terms are translated into other languages, the English version shall prevail in the event of a conflict.
Changes to These Terms
We may update these Terms at any time. If changes are material, we will notify You in advance. Continued use of the Service after changes take effect means You agree to the revised Terms.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
• By email: feedback@tomorrowsmithmedia.com
• By visiting our website: https://www.tomorrowsmithmedia.com/home