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DRAFT — internal review copy. Items highlighted like this are to be confirmed before publication.

The Japanese version will be published after legal review. 日本語版は法務確認後に公開します。

Terms of Service

Last updated: [date] TBC

[Company legal name] TBC (hereinafter “we”, “us” or the “Company”), a company registered in [country] TBC whose registered address is at [address] TBC, sets out the following terms and conditions (the “Terms”) on which users (“you”) may use Tomo Box. “Tomo Box” or the “Services” means, together, (a) the Tomo Box desktop device (the “Device”), (b) the Tomo Box companion mobile application (the “App”), (c) the AI-powered character, conversation, memory and related features made available through the Device and the App (the “AI Features”), and (d) our website at tomobox.world and any related online services.

1. Acceptance of these Terms

  1. Please read these Terms carefully before using the Services. By creating an account, pairing a Device, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.
  2. These Terms form a legally binding agreement between you and us. Where you purchase the Device through a third-party platform or retailer (for example, a crowdfunding platform or an online store), the purchase itself is governed by that platform’s or retailer’s own terms; these Terms govern your use of the Device, the App and the AI Features.
  3. We may update these Terms from time to time. Material changes will be posted on this page and, where appropriate, notified to you by email or in the App, and you may be asked to accept the updated Terms to continue using the Services. The “Last updated” date above shows when these Terms were last changed.
  4. Certain features (for example, subscriptions, promotions or beta features) may be subject to additional terms (“Additional Terms”). Additional Terms are part of these Terms; if they conflict with these Terms, the Additional Terms apply to the relevant feature.

2. Eligibility and minors

  1. You must be at least 13 TBC years old to create an account. We do not knowingly allow users under that age to register.
  2. If you are a minor under the age of majority in your place of residence (for example, under 18 in Japan), you may only use the Services with the consent of a parent or legal guardian, who must read and agree to these Terms on your behalf. Purchases and subscriptions made by minors require the consent of a parent or guardian.
  3. By using the Services, you confirm that you have the legal capacity to enter into these Terms in your jurisdiction.

3. Description of the Services

  1. The Device. Tomo Box is a desktop device with a screen, microphone and speaker in which a 3D character you create lives, follows a daily routine, talks with you and reacts to the time of day, seasons and special occasions. The Device requires a continuous USB-C power supply and a Wi-Fi connection for setup and cloud-based features.
  2. The App. The App is used to set up and pair the Device, create and customize characters, chat and play with your character, send gifts, manage alarms, focus timers and other settings, and manage your account and subscription. The App is available for iOS and Android.
  3. AI Features. Certain features are powered by artificial intelligence, including generating a 3D character from an image you upload, generating a custom voice from a recording, real-time voice and text conversation, and long-term memory of things you share with your character. AI Features are provided through our own systems and through third-party AI service providers (see Section 9). AI-generated content can be inaccurate, incomplete or unexpected; see Section 7.
  4. Offline behaviour. Your character’s basic daily routine can continue when the Device is offline, but conversation, memory, syncing and other cloud-based features require an internet connection.
  5. Changes to the Services. We continuously develop the Services and may add, change or remove features, content or third-party integrations from time to time, including by software updates to the Device and the App. Updates may be installed automatically. We will try to give reasonable notice of changes that materially reduce functionality you have paid for.

4. Your account

  1. Certain features require an account. You may be asked to register with an email address or a supported third-party sign-in (for example, Apple or Google). The information you provide must be true, accurate and kept up to date.
  2. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us immediately at the contact address in Section 17 if you believe your account has been accessed without authorization. We will take reasonable steps to help you secure your account, but we are not liable for losses caused by unauthorized use that occurs before we are able to act.
  3. One Device may be paired with one account at a time. Resetting the Device removes its pairing and settings; your characters and other account data remain in your account unless you delete them.
  4. You may delete your account at any time in the App (Me → Account → Delete account TBC) or by contacting us. Deleting your account permanently removes your characters, conversations, custom gifts and Device pairing, and returns the Device to its initial setup state. Some information may be retained where required by law or as described in our Privacy Policy.

5. Purchases, subscriptions and virtual items

  1. Device purchases. The price, delivery, returns and warranty terms for the Device are set out at the point of sale (for example, on the crowdfunding or retail platform where you ordered it). The Device is covered by a limited warranty of [period] TBC from the date of delivery against defects in materials and workmanship under normal use, subject to the warranty terms provided with the Device (warranty terms TBC). Nothing in these Terms limits any statutory rights you have as a consumer.
  2. Subscriptions. The core experience of Tomo Box, including your character’s daily life and relationship progression, does not require a subscription. AI Features have a free usage allowance; an optional paid subscription (“Tomo Box Plus” name TBC) provides enhanced AI capabilities and higher allowances. Subscription prices, billing periods and what is included are shown in the App before you subscribe.
  3. Subscriptions are purchased through the Apple App Store or Google Play and are billed to your store account. They renew automatically at the end of each billing period unless cancelled at least 24 hours before the renewal date, and are managed and cancelled through your App Store or Google Play account settings, not through us. Refunds for subscriptions are handled under the applicable store’s refund policy.
  4. Virtual items. Outfits, accessories, room decorations, gifts and other in-app items (“Virtual Items”) are licensed to you, not sold. Virtual Items have no monetary value, cannot be exchanged for money or transferred outside the Services, and may be modified or discontinued as part of changes to the Services. Items unlocked through play are tied to your account and sync between the App and your Device.
  5. We may change prices and free usage allowances. Price changes to an existing subscription will be notified in advance and will take effect from the next billing period after notice.

6. Your content and characters

  1. What you create. You may upload images, record audio, write text and make other choices to create and customize characters, and you will have conversations with your character (together, “User Content”). You retain ownership of the rights you hold in your User Content.
  2. Your responsibilities. You represent and warrant that you own or have all necessary rights, licences and consents for your User Content, and that it does not infringe or misappropriate anyone’s copyright, trademark, privacy, publicity or other rights. In particular:
    • when you upload an image to generate a character, you must have the right to use that image for this purpose. Uploading images of third-party characters, celebrities or other people without permission may infringe their rights;
    • when you record audio to create a custom voice, you must only use your own voice or the voice of a person who has given you explicit permission. You must not create a voice that imitates a specific real person without their consent;
    • if another person appears in your User Content, you must have their permission.
  3. Licence to us. So that we can operate the Services for you, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, modify (for example, to convert an image into a 3D character or a recording into a synthetic voice), display and transmit your User Content, including through the third-party service providers that help us provide the AI Features. This licence is limited to operating, maintaining, securing and improving the Services and lasts for as long as your User Content is stored with us. We will not use your User Content in advertising or marketing without your separate permission.
  4. Generated characters. The 3D characters, voices and other outputs generated from your User Content (“Generated Content”) are created using our models, tools and base assets. To the extent permitted by law, you may use Generated Content for personal, non-commercial purposes within the Services. We and our licensors retain all rights in the underlying models, base character assets, animations and tools.
  5. Private by default. Characters and conversations are private to your account and are not shared with other users unless we introduce sharing features, which will be subject to additional terms and content standards.
  6. Removal. We may remove or disable any User Content or Generated Content that we reasonably believe violates these Terms, infringes third-party rights or is otherwise harmful, with or without notice.

7. AI Features — important information

  1. Your character’s conversations are generated by artificial intelligence. Responses may be inaccurate, incomplete, inappropriate or inconsistent, and may not reflect our views. Do not rely on your character for medical, legal, financial, safety or other professional advice. In an emergency, contact the emergency services in your area.
  2. Tomo Box is designed as a companion and entertainment product. It is not a medical device, therapy, or a substitute for human relationships or professional mental-health support.
  3. To provide long-term memory, the Services store information from your conversations and interactions and use it to personalize future conversations. You can review and delete memories in the App (path TBC) or delete your character or account. See our Privacy Policy for details.
  4. The microphone on the Device is used to listen for and process your speech during conversations. Describe wake/activation behaviour (e.g. press-to-talk vs. always listening) and whether audio is stored — TBC with the product team.
  5. You must not use the AI Features to generate content that is illegal, hateful, sexually explicit, that harasses or impersonates any person, or that attempts to extract our models, prompts or training data.

8. Acceptable use

You agree not to:

9. Third-party services

  1. The Services rely on third-party services, including app stores, payment processors, cloud hosting, and AI model providers (for example, for conversation, speech recognition, speech synthesis and image generation) — list of providers TBC; see Privacy Policy. Your use of those services may be subject to their own terms. We are not responsible for third-party services we do not control.
  2. The Services may link to third-party websites or content. We do not endorse and are not responsible for them.

10. Intellectual property

  1. The Services, including the Device design, firmware, the App, software, base character models, animations, artwork, text, user interface, trademarks (including “Tomo Box”) and all related intellectual property rights, are owned by us or our licensors and are protected by copyright, trademark and other laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
  2. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, and to use the firmware on the Device, solely to use the Services in accordance with these Terms.
  3. If you believe content in the Services infringes your intellectual property rights, please contact us at the address in Section 17 with details of the content and your rights, and we will respond promptly.
  4. If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation.

11. Suspension and termination

  1. We may suspend or terminate your access to all or part of the Services, with or without notice, if you breach these Terms, if we are required to do so by law, if your account is used in a way that creates risk for us or other users, or if we discontinue the Services. Where reasonable, we will give you notice and an opportunity to export or delete your data.
  2. You may stop using the Services and delete your account at any time (see Section 4).
  3. Termination does not affect any rights or obligations accrued before termination. Sections that by their nature should survive (including Sections 6, 10, 12, 13, 14 and 15) will survive termination.

12. Disclaimers

  1. Except as expressly stated in these Terms or required by applicable law, the Services are provided “as is” and “as available”, and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. We do not warrant that the Services will be uninterrupted, error-free or secure, that AI-generated content will be accurate or appropriate, or that data will not be lost. Please keep backups of any content that is important to you.
  3. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the above exclusions apply only to the extent permitted by law, and your statutory consumer rights are not affected.

13. Limitation of liability

  1. To the maximum extent permitted by applicable law, we and our affiliates, officers, employees, agents and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or other intangible losses, arising out of or relating to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.
  2. To the maximum extent permitted by applicable law, our total liability for all claims arising out of or relating to the Services in any twelve-month period will not exceed the greater of (a) the amount you paid us for the Services in that period and (b) [amount] TBC.
  3. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded or limited by law. If you are a consumer in Japan, nothing in these Terms limits our liability in a way that is not permitted under the Consumer Contract Act or other applicable mandatory law.

14. Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or relating to your User Content, your breach of these Terms, or your violation of any law or the rights of a third party.

15. Governing law and dispute resolution

  1. These Terms are governed by the laws of [jurisdiction] TBC, without regard to its conflict-of-law rules. If you are a consumer, you also benefit from any mandatory provisions of the law of the country in which you reside.
  2. We will try to resolve any dispute with you informally first; please contact us at the address in Section 17. If a dispute cannot be resolved within thirty (30) days, it will be submitted to the exclusive jurisdiction of the courts of [place] TBC, except that consumers may bring claims in the courts of their country of residence where mandatory law so provides.

16. General

  1. Entire agreement. These Terms, together with the Privacy Policy and any Additional Terms, are the entire agreement between you and us regarding the Services and supersede any prior agreements.
  2. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
  3. Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  4. Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, and will notify you of any such assignment.
  5. Export and sanctions. You agree to comply with applicable export control and sanctions laws in connection with the Services.
  6. Language. These Terms are written in English. Translations are provided for convenience; if there is any inconsistency, the [English / Japanese] version prevails — TBC.

17. Contact us

If you have questions about these Terms, please contact us at support@tomobox.world or by post at [address] TBC.