Tomoni Terms of Service.

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 PBC (Experience Experiment, a Delaware Public Benefit Corporation, headquartered in Los Angeles, California) ("Company," "we," "us," or "our").

We reserve the right to modify these Terms. We will provide at least fourteen (14) days advance notice of material changes affecting your rights, through the App or via email at the address associated with your account. Continued use of the App following the effective date of any changes constitutes acceptance of the updated Terms.

1.1 Public Benefit Corporation status

exp² PBC is a Delaware Public Benefit Corporation. This means our directors are required by law to balance shareholder interests against the public benefit purpose stated in our certificate of incorporation. Our public benefit purpose is described in our Public Benefit Charter, which is incorporated into these Terms by reference. The charter is operative legal text; it constrains how we run the company.

2. Eligibility — Age Requirement

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. Consistent with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect, store, or process any personal information from children under the age of 13 under any circumstances. If we become aware that a user under 18 has created an account or is using the App, we will terminate that account immediately and delete associated data in accordance with applicable law.

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

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:

• A licensed mental health professional or therapist
• A crisis counselor or crisis intervention service
• A medical professional or medical advisor
• A substitute for human relationships, professional therapy, or emergency services
• A diagnostic tool for mental health conditions
• A replacement for professional care of any kind

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

4.1 Crisis-detection safety logs

For user safety and product accountability, Tomoni's system may generate safety logs in the event of a detected crisis pattern. These logs are protected in transit and at rest, and are retained for a defined period after the event, even after account deletion. The full architecture of the detection system, the contents of the log, the way it is protected, the retention period, and the circumstances under which it can be accessed are described in our Privacy Policy, Section 4 ("Crisis detection and safety logs"). That section of the Privacy Policy is incorporated into these Terms by reference. By accepting these Terms during account creation, you acknowledge and consent to this practice.

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. Subscriptions, Pricing, and Service Availability

6.1 Subscription tiers

Tomoni offers a free tier and one or more paid subscription tiers. The specific features, limits, and pricing of each tier are disclosed in the App Store and within the App at the time of purchase. We may add, remove, rename, or modify subscription tiers and the features included in each tier from time to time, subject to advance notice for material changes affecting existing subscribers.

6.2 Billing and renewal

Paid subscriptions are billed through the Apple App Store in accordance with Apple's terms and conditions. Payment is processed by Apple. By subscribing, you authorize recurring charges to your payment method on file with Apple. Subscriptions automatically renew at the then-current price for the applicable tier unless cancelled before the renewal date. You may cancel at any time through the App Store; cancellation takes effect at the end of the current billing period.

6.3 Free trials

We may offer free trial periods for paid subscription tiers. The duration and terms of any free trial are disclosed at the time of sign-up. At the end of the trial, your subscription will automatically convert to a paid subscription at the applicable tier price unless cancelled before the trial ends.

6.4 Refunds

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

6.5 Service availability and changes

We provide Tomoni on a continuing basis but make no guarantee of uninterrupted availability. We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, including features, integrations, supported devices, and supported third-party services. We will provide reasonable advance notice of material changes that significantly affect existing users. If we discontinue the App entirely, we will provide at least thirty (30) days advance notice and reasonable means to export or delete your data prior to shutdown.

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 in the ordinary course of operation. One narrow exception applies to crisis-detection safety logs, which may include contextual signals drawn from your memory card, as described in Section 4.1 and in Section 4 of the Privacy Policy. Outside of that exception, 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 in accordance with Anthropic's current Zero Data Retention (ZDR) policy. Under this policy, Anthropic does not retain your conversation data beyond what is required to process each individual request, subject to limited safety-review provisions described in Anthropic's published policies. Anthropic's privacy policy and terms of service govern 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:

• Use Tomoni if you are under 18 years of age
• Attempt to elicit information related to self-harm, suicide methods, or harm to others
• Use Tomoni to harass, threaten, or harm any person
• Attempt to reverse-engineer, decompile, or extract the proprietary algorithms, system prompts, or foundational architecture of Tomoni
• Use Tomoni for any commercial purpose without express written consent from the Company
• Attempt to manipulate or circumvent Tomoni's safety systems or content policies
• Use Tomoni in any manner that violates applicable laws or regulations
• Share your account credentials with any third party
• Use automated systems or bots to interact with Tomoni
• Attempt to extract, scrape, or systematically collect data from the App

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 PBC (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

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. Apple App Store

These Terms are concluded between you and exp² PBC only, not with Apple Inc. exp² PBC, not Apple, is solely responsible for Tomoni and its content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Tomoni. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Tomoni.

Any claims relating to the possession or use of Tomoni — including (i) product liability claims, (ii) any claim that Tomoni fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation — are governed by these Terms and are the sole responsibility of exp² PBC. In the event of any failure of Tomoni to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Tomoni (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to Tomoni.

exp² PBC, not Apple, is responsible for addressing any claims you or any third party may have relating to Tomoni or your possession and use of it, including intellectual property infringement claims.

You acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these 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.

12. 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.

13. 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.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the App shall first be submitted to good-faith negotiation between you and the Company. If negotiation fails to resolve the dispute within thirty (30) days, the dispute shall be resolved by binding arbitration under California law. The foregoing does not preclude either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

15. 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.

16. Contact

exp² PBC (Experience Experiment)
A Delaware Public Benefit Corporation
Headquartered in Los Angeles, California
contact@exp2.io

Version 1.2 · June 2026