Terms of Service

By accessing or using any website, software application, or audio plugin provided by Tomocreate Inc. ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our products or services.

Tomocreate Inc. provides products and services including but not limited to: software applications for macOS and iOS, audio plugins and effects, motion graphics templates and visual effects tools, video production and creative services, DJ and live performance services, digital downloads, and any other products or services we may offer from time to time.

Mac applications and AU audio plugins are designed for and tested on the following environments:

• Operating System: macOS 14 (Sonoma) or later
• Processor: Apple Silicon (M1 or later) or Intel 64-bit
• Plugin Format: Audio Unit (AU) v2/v3
• DAW Compatibility: Logic Pro, GarageBand, and any AU-compatible host

We do not guarantee compatibility with operating systems, hardware, or DAW versions outside those listed above. Use on unsupported configurations is at your own risk.

ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOMOCREATE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF OUR PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOMOCREATE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

All software, audio content, graphics, trademarks, and other materials provided by Tomocreate Inc. are the exclusive property of Tomocreate Inc. or its licensors and are protected by applicable intellectual property laws. Your purchase grants you a limited, non-exclusive, non-transferable license to use the product for personal or professional purposes, subject to these Terms.

You may not:

• Copy, modify, or distribute our software or plugins except as expressly permitted
• Reverse engineer, decompile, or disassemble any product
• Sublicense, rent, lease, or sell your license to any third party
• Remove or alter any copyright, trademark, or proprietary notices

You agree not to use our products or services to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe any intellectual property or other rights of any third party
• Transmit any unsolicited or unauthorized advertising or promotional material
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
• Attempt to gain unauthorized access to any portion of our systems or networks
• Circumvent or interfere with any license management or DRM mechanisms

Each purchased license entitles you to install and activate the product on up to two (2) devices that you own or control. You may deactivate a device to transfer your license to a new machine. Attempting to activate on more devices than permitted may result in automatic deactivation or license suspension.

We may provide updates, patches, or new versions of our software at our sole discretion. We reserve the right to modify, suspend, or discontinue any product or service at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TOMOCREATE INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH PARTIES AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict-of-law provisions.

Any dispute arising from or relating to these Terms or your use of our products shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey. You consent to personal jurisdiction in such courts and waive any objection to venue therein.

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated “Last updated” date. Continued use of our products or services after changes are posted constitutes your acceptance of the revised Terms.

Questions about these Terms? Contact us at contact@tomocreateinc.com
Tomocreate Inc. · contact@tomocreateinc.com