02 · legal

Tomoni Terms of Service.

Version 1.0 · April 2026
draft · pre-counsel review This is the founder-drafted first version of the Tomoni Terms of Service. It is under review with counsel and will be revised before any public launch of the Tomoni app. Sections pending formal review are marked inline. Questions: contact@exp2.io.

1. Acceptance of Terms

By downloading, installing, or using the Tomoni application ("App"), you ("User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and exp² (Experience Experiment) ("Company," "we," "us," or "our"), a business entity in the process of formal registration in the State of California. Until entity formation is complete, these Terms are enforceable as a binding contract between you and Moses Pan, sole proprietor, operating as exp².

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or via email. Continued use of the App following notice of changes constitutes acceptance of the updated Terms.

2. Eligibility — Age Requirement

TOMONI IS INTENDED FOR USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THIS APP, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE UNDER 18, YOU MAY NOT USE THIS APP UNDER ANY CIRCUMSTANCES.

Tomoni is not designed for, marketed to, or intended for use by minors. We do not knowingly collect personal information from users under the age of 18. If we become aware that a user under 18 has created an account or is using the App, we will terminate that account immediately.

Parents and guardians are responsible for monitoring their children's use of digital applications. If you believe a minor is using Tomoni, please contact us immediately at contact@exp2.io.

By creating an account, you affirm that you have read and understood this age requirement and that you meet the minimum age threshold.

3. Nature of the Service — What Tomoni Is and Is Not

TOMONI IS NOT A MENTAL HEALTH SERVICE, THERAPY SERVICE, MEDICAL SERVICE, OR CRISIS INTERVENTION SERVICE. TOMONI IS NOT A LICENSED THERAPIST, PSYCHOLOGIST, PSYCHIATRIST, COUNSELOR, SOCIAL WORKER, OR MEDICAL PROFESSIONAL. NOTHING IN TOMONI'S RESPONSES CONSTITUTES PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT.

3.1 What Tomoni Is

Tomoni is a personal AI companion application. She is a software product designed to help users organize their communications, surface relevant information from their connected accounts, and maintain a persistent conversational presence over time. Tomoni is a supplementary tool — she is designed to support, not replace, human relationships, professional care, and real-world interaction.

3.2 What Tomoni Is Not

Tomoni is NOT any of the following:

Tomoni's responses are generated by artificial intelligence and do not reflect the judgment, training, or professional responsibility of a licensed human professional. You should not make medical, psychological, financial, legal, or other significant decisions based solely on Tomoni's responses.

3.3 Supplementary Use Only

Tomoni is designed to be used alongside — not instead of — human connection, professional support, and real-world relationships. She is a companion. The Company explicitly discourages users from substituting Tomoni for professional mental health care, crisis services, or meaningful human relationships.

If you are experiencing a mental health crisis, thoughts of self-harm or suicide, or any medical emergency, you must contact emergency services or a qualified mental health professional immediately. Tomoni is not equipped to handle crises and is not a substitute for emergency intervention.

4. Crisis, Self-Harm, and Emergency Situations

IF YOU ARE IN IMMEDIATE DANGER OR EXPERIENCING A MENTAL HEALTH CRISIS, STOP USING THIS APP AND CONTACT EMERGENCY SERVICES (911 IN THE US) OR A CRISIS HELPLINE IMMEDIATELY.

Available 24 hours a day, 7 days a week:

These resources are staffed by trained human professionals who are qualified to assist in mental health crises. Tomoni is not.

Additional crisis-handling language pending counsel review.

5. Account and Access

To use Tomoni, you must create an account using Sign in with Apple or a supported authentication provider. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You may connect third-party accounts (email, calendar, messaging services) to Tomoni. By doing so, you authorize Tomoni to access data from those accounts solely to provide the Service. You may revoke access at any time through the App's Settings.

6. Subscription and Pricing

6.1 Tiers

Pricing is subject to change with reasonable advance notice. Changes will not affect your current subscription period.

6.2 Free Trial

Paid subscription tiers include a 14-day free trial. You will not be charged during the trial period. At the end of the trial, your subscription will automatically renew at the applicable tier price unless cancelled before the trial ends.

6.3 Billing and Renewal

Subscriptions are billed on a monthly basis through the Apple App Store. Payment is processed by Apple in accordance with Apple's terms and conditions. By subscribing, you authorize recurring charges to your payment method on file with Apple. Subscriptions automatically renew unless cancelled. You may cancel at any time through the App Store. Cancellation takes effect at the end of the current billing period — no partial refunds for unused portions.

6.4 Refunds

Refunds are handled in accordance with Apple App Store policies. The Company does not process refunds directly. For refund requests, contact Apple Support.

7. User Data and Privacy

Your privacy is fundamental to how Tomoni is designed. Our full Privacy Policy governs the collection, use, and storage of your data and is incorporated into these Terms by reference.

7.1 On-Device Storage

Tomoni's memory card — the persistent record of your conversations, preferences, and personal context — is stored on your device. It is not stored on the Company's servers. You control your data.

7.2 Anthropic API and Zero Data Retention

Tomoni is powered by Claude, an AI model developed by Anthropic, PBC. Your messages are transmitted to Anthropic's API for processing under Anthropic's Zero Data Retention (ZDR) policy. Under this policy, Anthropic does not retain your conversation data beyond the processing of each individual request, subject to a safety review window of up to 7 days, after which all data is permanently deleted. Anthropic's privacy policy governs their data practices.

7.3 Connected Accounts

If you connect third-party accounts (Gmail, Outlook, iCloud Mail, Google Calendar, Apple Calendar, Slack, and others), Tomoni will access and process data from those accounts to generate summaries and provide contextual responses. You may revoke Tomoni's access to connected accounts at any time through the App's Settings.

7.4 Data You Provide

You are responsible for the accuracy of information you provide through the App. Do not share sensitive personal information — including financial account numbers, passwords, or protected health information — through Tomoni.

8. Permitted Use and Prohibited Conduct

8.1 Permitted Use

You may use Tomoni for personal, non-commercial purposes in accordance with these Terms.

8.2 Prohibited Conduct

You agree not to:

9. Intellectual Property

The Tomoni application, including its name, logo, design, system architecture, synthesis pipeline, memory card architecture, and all related intellectual property, is owned by exp² (Experience Experiment) and protected by applicable intellectual property laws, including a provisional patent filing.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal purposes in accordance with these Terms. No ownership interest in the Company's intellectual property is conveyed.

User-generated content — including messages you send to Tomoni — remains your property. By using the App, you grant the Company a limited license to process your content solely for the purpose of delivering the Service.

10. Disclaimers and Limitation of Liability

TOMONI IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY MAKES NO WARRANTY THAT TOMONI WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.1 No Professional Advice

Nothing in Tomoni's responses constitutes legal, medical, financial, psychological, or other professional advice. Always seek the advice of qualified professionals for decisions in these areas. The Company expressly disclaims any liability for decisions made based on Tomoni's responses.

10.2 AI Limitations

Tomoni is powered by artificial intelligence and may produce inaccurate, incomplete, or inappropriate responses. AI-generated content is not infallible. The Company makes no representations about the accuracy, reliability, or completeness of Tomoni's responses.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF TOMONI, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10.4 Crisis Situations

THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR OUTCOMES ARISING FROM USERS' RELIANCE ON TOMONI IN CRISIS SITUATIONS, INCLUDING BUT NOT LIMITED TO SITUATIONS INVOLVING SUICIDAL IDEATION, SELF-HARM, OR MENTAL HEALTH EMERGENCIES. TOMONI IS NOT A CRISIS INTERVENTION SERVICE. IN ANY CRISIS SITUATION, CONTACT EMERGENCY SERVICES (911) OR THE 988 SUICIDE & CRISIS LIFELINE IMMEDIATELY.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of Tomoni, your violation of these Terms, or your violation of any rights of another person or entity.

12. Termination

You may terminate your account at any time by deleting the App and cancelling your subscription through the App Store. The Company may terminate or suspend your account at any time, with or without notice, for conduct that violates these Terms or applicable law. Upon termination, your right to use Tomoni ceases immediately.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California. Any dispute shall first be submitted to good-faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Arbitration clause and class action waiver pending counsel review for California enforceability.

14. Miscellaneous

Severability: If any provision is found unenforceable, remaining provisions continue in full force.

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding Tomoni.

Waiver: Failure to enforce any provision does not constitute a waiver of that provision.

Assignment: You may not assign your rights under these Terms. The Company may assign its rights without restriction.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

15. Contact

exp² (Experience Experiment)
Moses Pan, Founder
contact@exp2.io
Los Angeles, California

Version 1.0 draft · April 2026 · pre-counsel review