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Tome

Terms of Use

Last Updated: May 1st, 2023

Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://tome.app/tome/new-tome-cl0h7a3qd3476914n6f4jpf2gnd) (“Privacy Notice”) carefully because they govern your use of the website located at https://tome.page (the “Site”) and the services accessible via the Site and corresponding mobile application (“App”) offered by Magical Tome, Inc. (“Tome”). To make these Terms easier to read, the Site, our services offered via our storytelling platform and App are collectively called the “Services”.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TOME THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION FOR INDIVIDUALS” AND SECTION 18 “DISPUTE RESOLTUTION FOR ENTITIES” BELOW FOR DETAILS REGARDING ARBITRATION.

1.Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share personal information.

3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

(a) Use of the Services. You may use the Services, as an individual user, only if you are at least 16 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory outside the United States), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.

(b) Account Registration. For certain features of the Services, you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

(c) Authorized Users. If you are a company or other legal entity, the Services may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an “Authorized User”) for the sole purpose of performing their job functions for you. Each account for the Services may only be accessed and used by the specific Authorized User for whom such account is created. The account credentials are confidential and cannot be shared or used by more than one person. You are responsible and liable for: (i) all actions taken under an Authorized User’s credentials, whether or not such action was taken or authorized by the Authorized User; and (ii) all uses of the Services resulting from access provided by Tome, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.

5.Subscriptions. We offer both a free version and a subscription version of our Services; the subscription version requires purchasing a monthly or annual subscription to access additional features and benefits (the “Subscription”), as further described below.

(a) General. If you purchase a Subscription (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

(b) Subscriptions. If you purchase a Subscription, you will be charged the monthly or annual Subscription fee per seat per Authorized User for the Services, plus any applicable taxes, and other charges (“Subscription Seat Fee”) in accordance with this Section. At the beginning of your Subscription, you will pay the Subscription Seat Fee multiplied by the number of seats you select for the Services. If you add any new Authorized Users during your Subscription period, we will immediately charge you the pro rata portion of the Subscription Seat Fee for each additional Authorized User. If you remove any Authorized User during the Subscription period, we will issue you a pro rata credit of the Subscription Seat Fee for that Authorized User for your next Subscription period. For illustrative sample calculations, please see the Subscription page https://tome.app/tome/tome-billing-example-clgckn9jq0j318i40l9dqv1dp. Please note that any credits issued under this Section are not redeemable for cash or other monetary compensation, and if you remove an Authorized User during your last Subscription period, we will not issue any refunds for that Subscription period. You will have the opportunity to select whether the Subscription frequently is monthly or annually during the enrollment process. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE TOME TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or each year based on the date of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. For an annual subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Tome will send you a reminder with the then-current Subscription Seat Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Tome. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

(c) Cancelling Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION SEAT FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@tome.page. You will be responsible for all Subscription Seat Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

6. Tome Materials. Tome will provide you with access to templates, themes, content and fonts (collectively, “Tome Materials”) to enable your creation of your story, narrative or presentation with your User Content (collectively, the “User Story”). Subject to your compliance with these Terms, Tome hereby grants you a limited, non-exclusive, worldwide, royalty-free, revocable license, to use, copy, distribute, modify, creative derivative works of, perform and display the Tome Materials solely as integrated and embedded into your User Story. As between you and Tome, subject to Section 11(b), Tome (and its licensors) retains all right, title, and interest in and to the Tome Materials and Derived Data (as defined below).

7. Your Content.

(a) Posting Content. Our Services may allow you to submit, transmit, upload, share or store content such as text (in posts, communications with others or for prompts for our Third-Party Services), files, documents, graphics, images, music, software, audio and video. Anything (other than Tome Materials, Derived Data and Feedback, as defined below) that you post, generate or otherwise make available through the Services or Third-Party Services is referred to as “User Content”. Tome does not claim any ownership rights in any User Content.

(b) Limited Permissions to Your User Content.

(i) Limited License. By making any User Content available through the Services you hereby grant to Tome a non-exclusive, transferable, worldwide, royalty-free, sublicense (but only to service providers acting on our behalf) license to use, copy, distribute, host, store, and transmit and display to you and your Authorized Users your User Content in connection with (A) operating and providing the Services to you and your Authorized Users and (B) internal research and development purposes, such as improving the Services. This license also includes a right for Tome to recast, transcode, adapt, crop, and otherwise modify the User Content as necessary to enable use of the User Content as part of Services (e.g., we may transcode an uploaded image into a format that will work most efficiently with the Services or our Third-Party Services may modify your User Content to generate Output). If and to the extent you retain any rights to the Output, such Output is included within the scope of the foregoing license.

(ii) Commitment to Privacy. We are committed to keeping your User Content private and our policy is to not share your User Content with any third party, except (A) as required to provide the Services or as otherwise necessary for purposes of Tome’s legitimate interests (including evaluating and responding to security incidents and legal requests), (B) as authorized or instructed by you or your Authorized Users hereunder or in any other agreement between the parties, (C) as required to comply with our policies, applicable law (including copyright and intellectual property), or governmental request, (D) as required to conduct research and development for the further development of our Services in order to provide the Services to you and others and (E) to a third party that succeeds to all or substantially all of our business and assets relating to the subject matter of these Terms, whether by sale, merger, operation of law or otherwise.

(iii) Approval. We will obtain your approval before using Your Content in any of our marketing or promotion activities of the Services.

(iv) Derived Data. We may develop or derive data or insights in deidentified or aggregated form from (i) your User Content; or (ii) your and/or your Authorized Users’ use of the Services, including, without limitation, any usage data or trends with respect to the Services.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Tome on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as prompts, posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

8. Rights and Terms for Apps.

(a) App License. If you comply with these Terms, Tome grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store. This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

General Prohibitions and Tome’s Enforcement Rights. You will not, and will ensure your Authorized Users will not, do any of the following:

(a) Use the Services or otherwise create Your Story in a manner that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable national, federal, state, local or international law or regulation or would give rise to civil liability; (iii) generates or disseminates fraudulent, verifiably false, misleading or deceptive information and/or content with the purpose of harming others; (iv) is defamatory, disparaging, harassing, threatening, obscene, pornographic, vulgar or offensive; (v) is intended to or has the effect of discriminating against or harming individuals or groups based on online or offline social behavior, known or predicted personal or personality characteristics, or legally protected characteristics or categories; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) is for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (viii) exploits any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; (ix) promotes illegal or harmful activities or substances; (x) generates or disseminates personal identifiable information that can be used to harm an individual; (xi) is for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (xii) uses our Third Party Services to provide medical advice, medical results interpretation, financial advice or legal advice or opinion; (xiii) uses our Third Party Services to generate campaign materials in high volumes or (xiv) generates or disseminates information to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g., by text profiling, drawing causal relationships between assertions made in documents, or indiscriminate and arbitrarily targeted use);

(b) Use, display, mirror or frame the Services or any individual element within the Services, Tome’s name, any Tome trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tome’s express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Tome’s computer systems, or the technical delivery systems of Tome’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Tome system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tome or any of Tome’s providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tome or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Tome trademark, logo URL or product name without Tome’s express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Tome is not obligated to monitor access to or use of the Services or to review or edit any User Content or User Story. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. DMCA/Copyright Policy. Tome respects copyright law and expects its users to do the same. It is Tome’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tome’s Copyright and IP Policy at (https://tome.app/tome/tome-copyright-policy-cl0h4662h3219864n6fv337rjr4), for further information.

11. Links to Third Party Websites or Resources; Third-Party Services.

(a) Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

(b) Third-Party Services and Linked/Embedded Content. Certain features and functionalities within the Services may allow you and your Authorized Users to interface or interact with, access and/or use compatible third-party services, products, AI or ML tools, or other technology and content (collectively, “Third-Party Services”) through the Services. Tome does not provide any aspect of the Third-Party Services or the media or content generated thereby (the “Output”). Tome is also not responsible for any compatibility issues, errors or bugs in the Services or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. The Third-Party Service’s terms will govern the relationship between you and the vendor of such Third-Party Service, including without limitation, on allocating intellectual property rights and specific use requirements, and as between Tome and you, you are solely responsible for complying therewith. For example, some license terms and contractual provisions may limit the manner in which you are permitted to use your User Story, such as to provide medical advice, medical results interpretation, financial advice or legal advice or opinion and other license terms and contractual provisions may require you to license back the prompt you crafted to generate the Output. You acknowledge sole responsibility for and assume all risk arising from, your use of any Third Party Services and the Output, including maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for you and your Authorized Users to use the Third-Party Services and Output. Tome is not responsible or liable for the Third-Party Service’s terms or actions taken under the Third-Party Service’s terms. ​​Further, by using the Services, you acknowledge and agree that Tome is not responsible for examining or evaluating the content, quality, accuracy, completeness, availability, timeliness, reliability, validity, copyright compliance, legality, decency, or any other aspect of such Third-Party Services or Output. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services or Output.

12. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at team@tome.app. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6, ‎7(b), ‎7(e), ‎9 and ‎12 – 19.

13. Warranty Disclaimers.

(a) THE SERVICES AND THIRD-PARTY SERVICES ARE EACH PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOUR USE AND RELIANCE ON THE SERVICES AND THIRD-PARTY SERVICES IS AT YOUR OWN RISK, AND MAY RESULT IN UNEXPECTED RESULTS, PROJECT DELAYS OR OTHER UNPREDICTABLE DAMAGE OR LOSS. WE ARE ALSO NOT LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF OR RELIANCE ON THE OUTPUT. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the content, quality, accuracy, completeness, availability, timeliness, reliability, validity, copyright compliance, legality, decency, or any other aspect of any information or content on the Services or via the Third-Party Services.

(b) YOU ACKNOWLEDGE AND AGREE THAT THE QUALITY OF THE INPUT FOR THIRD-PARTY SERVICES WILL IMPACT THE QUALITY OF THE OUTPUT. IF THE INPUT IS INACCURATE, INCOMPLETE, OR INCONSISTENT, THE OUTPUT WILL LIKELY REFLECT SUCH DEFICIENCIES. Due to the nature of artificial intelligence and machine learning, Output may not be unique across users of the Services or Third-Party Services and the Services or Third-Party Services may generate the same or similar Output for you or a third party or different Output with the same prompt or other input.

14. Indemnity. You will indemnify and hold Tome and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, including the use of Third-Party Services and the Output, (b) your User Content, or (c) your violation of these Terms.

15. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TOME NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOME OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOME’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TOME FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TOME, AS APPLICABLE.

(c)THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOME AND YOU.

16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution for Individuals” or Section 18 “Dispute Resolution for Entities” (as applicable), the exclusive jurisdiction for all Disputes (defined below) that you and Tome are not required to arbitrate will be the state and federal courts located in San Francisco, California, and you and Tome each waive any objection to jurisdiction and venue in such courts.

17. Dispute Resolution for Individuals. If you are an individual who uses the Services for yourself and not on behalf of an organization or entity, disputes with Tome shall be resolved as set forth in this Section ‎17.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Tome agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Tome are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section ‎17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Consumer Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

The arbitration will be conducted using remote conferencing technology (e.g., by videoconference), in person in San Francisco, California, United States or at some other location that we both agree to. Disputes that meet the requirements for desk arbitrations as set forth in the AAA Consumer Rules, may be resolved by the submission of documents only, as set forth in the AAA Consumer Rules, unless the Arbitrator decides that a hearing is necessary. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section ‎17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND TOME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section ‎17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

18. Dispute Resolution for Entities. If you are accessing and using the Services on behalf of a company or other legal entity, any Dispute will be resolved exclusively accordingly to the process set forth in Section 17, expressly including the class action waiver, except that, to the extent legally permitted, (a) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (b) the losing party will pay the prevailing party for all costs and attorney’s fees, and (c) the AAA Commercial Arbitration Rules will apply to any arbitration between us.

19. General Terms.

(a) Reservation of Rights. Tome and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Tome and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Tome and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Tome’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Tome may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by Tome under these Terms will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Tome’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tome. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Contact Information. If you have any questions about these Terms or the Services, please contact Tome at:

Magical Tome, Inc.

600 Townsend St, Suite 125

San Francisco, CA 94103

support@tome.page