Terms of Service

Introduction

Welcome to Tomaito, a mobile application that generates food recipes using the GPT-3.5 API. These Terms of Service ("Terms") govern your use of the Tomaito application ("App") and any related services provided by us. Please read these Terms carefully before using the App.

By accessing or using Tomaito, you agree to be bound by these Terms. If you disagree with any part of the Terms, you should not use the App.

Acceptance of Terms

By accessing and using the App, you agree to be bound by these Terms and any other applicable laws or regulations. If you do not agree to these Terms, you must immediately cease using the App. Your continued use of the App signifies your acceptance of the Terms.

User Accounts and Privacy

In Tomaito, there is no need to create a separate account. Your purchases and data are synced between devices based on your Apple ID and iCloud. This allows for seamless synchronization and access to your recipes, settings, and other information across multiple devices.

Your use of the App and the submission of any personal information is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Additionally, you acknowledge and agree that the App utilizes iCloud services in accordance with Apple's terms and conditions for data storage and syncing.

Intellectual Property Rights

All content, features, and functionality within the Tomaito app, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Tomaito or its content suppliers and protected by international copyright, trademark, or other intellectual property laws.

By using the App, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the content, features, or functionality without the express written permission of the creators of the App.

User Conduct

As a user of the Tomaito app, you agree to use the App and its services for lawful purposes only and in compliance with these Terms. You agree not to:

a. Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm minors in any way;

c. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

e. Use the App for any illegal or unauthorized purpose.

Third-Party Services and Links

The Tomaito app may contain links to third-party websites or services that are not owned or controlled by Tomaito. Tomaito has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices.

You acknowledge and agree that Tomaito is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Disclaimer of Warranties and Limitation of Liability

The Tomaito app is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

In no event shall Tomaito, its creators, directors, developers, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, or other intangibles, resulting from (a) your access to or use of or inability to access or use the App; (b) any conduct or content of any third party on the App; or (c) any content obtained from the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not Tomaito has been advised of the possibility of such damages.

Termination

Tomaito reserves the right, in its sole discretion, to terminate your access to the App and its services, without notice, for any reason, including but not limited to a breach of these Terms. Upon termination, all rights and licenses granted to you under these Terms shall immediately terminate, and you must cease all use of the App.

Changes to Terms of Service

Tomaito may, in its sole discretion, modify or update these Terms at any time. By continuing to use the App after any such changes, you agree to be bound by the updated Terms. It is your responsibility to check these Terms periodically for changes. If you do not agree to the new terms, you must stop using the App.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Ireland to resolve any legal matter arising from these Terms or your use of the App.

Any claim or cause of action you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises. Failure to assert a claim or cause of action within this timeframe will result in the claim or cause of action being permanently barred.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.