These Terms of Service ("ToS") govern your access to and use of the Tokimeki mobile application and related services (the "App"). By accessing or using the App, you agree to be bound by these ToS. If you do not agree to these ToS, you may not use the App.
The App is a mobile application that allows users to quickly delete and archive email from their Gmail inbox. The App may be used for personal, non-commercial purposes only.
To use certain features of the App, you may be required to create an account and/or link a Gmail account. You must be at least 18 years of age to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account.
You agree to use the App in accordance with all applicable laws and regulations. You further agree not to:
The App and all content and materials contained therein, including without limitation, all images, text, graphics, logos, audio clips, video clips, data compilations, and software, are owned by us or our licensors and are protected by applicable copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App without our prior written consent.
The App is provided "as is" and without warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. You use the App at your own risk.
In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the App or these ToS, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you.
You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App, your violation of these ToS, or your violation of any rights of another.
We reserve the right to terminate your access to the App at any time without notice or liability, for any reason or no reason, including if we believe that you have violated these ToS or any applicable law, rule, or regulation.
We reserve the right to modify, suspend, or discontinue the App or any portion thereof at any time without notice or liability. We may also modify these ToS at any time by posting the modified ToS on the App. Your continued use of the App following any such modification constitutes your agreement to be bound by the modified ToS.
These ToS shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Any dispute arising out of or in connection with these ToS or your use of the App shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Dallas, Texas. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
These ToS constitute the entire agreement between you and us regarding your use of the App. If any provision of these ToS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in these ToS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These ToS are binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.