Terms and Conditions of Service

1. Welcome to Today Techo!

These Terms of Service (the “Terms”) govern your use of the Today Techo mobile application and related services (“Today Techo” or the “Services”).

Today Techo websites (“Websites”),  mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) is provided by LinkedLumaMind LLC, a California limited liability company (“Company”, “we,” “us,” or “our”).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and LinkedLumaMind LLC, concerning your access to and use of the Services.  IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Description of Service

The service provides planning, task-management, goal-setting, habit-tracking, journaling, list-making, reminder, and related productivity features. We may, at any time and in our discretion, update, modify, improve, suspend, or discontinue any part of the Service, temporarily or permanently, subject to applicable law.

3. Eligibility

Today Techo is not intended for children under 13.

If you are under the age of legal majority where you live, you may use Today Techo only with the permission and supervision of a parent or legal guardian who agrees to these Terms.

You may use the Services only if legally permitted to do so.

4. Your Account

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By using the Services, you represent and warrant that: (1) you are not a minor in the jurisdiction where you reside; (2) you have the legal capacity and you agree to comply with these Legal Terms; (3) your use of the Services will not violate any applicable law or regulation;(4) you will not use the Services for any illegal or unauthorized purpose;(5) registration information that you submit will be true, accurate, current, and complete; (6) you will maintain the accuracy of such information and promptly update such registration information as necessary; and (7) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. Permission to Use Today Techo

Subject to these Terms, we grant you a limited, personal, nonexclusive, nontransferable, and revocable right to use Today Techo for your own personal, noncommercial purposes.

Your use of the App is also subject to Apple’s applicable App Store terms and Standard End User License Agreement.

The App is licensed, not sold. We and our licensors retain all rights not expressly granted to you.

6. Our Intellectual Property

All content available through the Service, including designs, illustrations, stickers, icons, animations, trademarks, logos, branding, information, software, text, graphics, images, audio and other files, and their selection and arrangement (“Service Content”), are the proprietary property of Today Techo or its licensors, protected by applicable intellectual-property laws.

Unless permitted by law or with our prior written approval, you may not:

• Copy, reproduce, distribute, sell, license, or commercially exploit our content;

• Extract, redistribute, or separately use our artwork, characters, stickers, icons, or other assets;

• Modify or create derivative works from the App or its protected content;

• Reverse engineer, decompile, disassemble, or attempt to obtain the App’s source code;

• Remove copyright, trademark, or proprietary notices; or

• Misrepresent an association with or endorsement by Today Techo.
  
  

7. Your Content

You retain ownership of the tasks, journal entries, goals, habits, lists, notes, and other content you create through Today Techo (“Your Content”). We do not claim ownership of Your Content.

To the extent technically necessary to provide features you request, you give us and our service providers limited permission to process Your Content solely to operate, maintain, synchronize, back up, restore, secure, or support the Services.

This permission does not give us the right to publish, advertise with, or sell Your Content.

You are responsible for Your Content and must not use Today Techo to create, store, or transmit content that violates applicable law or another person’s rights.

Additional information about how data is handled appears in our Privacy Policy.

8. Subscriptions and Purchases

Today Techo may offer free features and optional paid subscriptions.

We offer a 7-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will we be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in US dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

We may change subscription features or prices at any time. Price changes will be presented and handled in accordance with Apple’s requirements and applicable law.

You can cancel your subscription at any time by logging into your account. Canceling a subscription stops future renewals but ordinarily does not end access before the current paid period expires. All payments are nonrefundable and there are no refunds or credits for Virtual Items or partially used membership periods, unless otherwise required by the law in your jurisdiction.

Deleting your Today Techo account, signing out, or deleting the App does not automatically cancel an Apple subscription. You must cancel it through Apple.

9. Acceptable Use

You agree not to:

• Use the Services for unlawful, fraudulent, abusive, or harmful purposes;

• Interfere with the operation, security, or availability of the Services;

• Bypass access restrictions or security protections;

• Introduce viruses, malicious code, or harmful material;

• Use bots, scrapers, or automated tools to access or extract content from the Services without permission;

• Attempt to gain unauthorized access to an account, device, system, or network;

• Use the Services in a way that unreasonably burdens our systems; or

• Help another person engage in any prohibited activity.

We may investigate suspected misuse and take reasonable steps to protect the Services and our users.

10. Privacy

Our Privacy Policy explains how information is collected, used, retained, disclosed, and deleted.

By using Today Techo, you acknowledge that your information will be handled as described in the Privacy Policy and according to the settings and features you choose.

11. Storage, Backups, and Reminders

Depending on the features and settings you use, Your Content may be stored on your device, in your personal iCloud account, or through service providers identified in our Privacy Policy.

You are responsible for:

• Maintaining access to your device and Apple Account;

• Keeping sufficient device and iCloud storage available;

• Enabling any backup or synchronization settings you wish to use; and

• Maintaining additional copies of important information when appropriate.

Although we work to provide reliable features, we cannot guarantee that content will never be lost, corrupted, delayed, duplicated, or unavailable.

Notifications and reminders may be delayed, blocked, or affected by device settings, network conditions, operating-system behavior, or other circumstances outside our control. Today Techo should not be used for emergencies, safety-critical activities, medication administration, or any situation in which a missed notification could cause serious harm.

12. Third-Party Services

Today Techo may interact with services provided by Apple or other third parties, including the App Store, iCloud, authentication providers, and diagnostic services.

Your use of those services may be governed by separate terms and privacy policies. We are not responsible for third-party services or for interruptions, changes, or losses caused by them, except where applicable law provides otherwise.

13. Feedback

You may send us ideas, suggestions, or feedback about Today Techo.

You give us permission to use feedback voluntarily provided by you to evaluate, improve, promote, or develop the Services without compensation or obligation to you.

This section does not apply to Your Content or to confidential information that we have expressly agreed in writing to receive as confidential.

14. Changes to the Services

We may update, improve, add, remove, suspend, or discontinue features of Today Techo.

We do not guarantee that every feature will always remain available or compatible with every device or operating-system version.

When reasonably possible, we will provide notice before discontinuing a material paid feature. This does not limit any rights you may have under applicable consumer law or Apple’s policies.

15. Suspension and Termination

You may stop using Today Techo at any time and may delete your account using the available account-deletion process.

We may restrict, suspend, or terminate access if we reasonably believe that:

• You materially violated these Terms;

• Your use creates a security, legal, or operational risk;

• Your account is being used fraudulently; or

• Suspension or termination is required by law.

When reasonably possible, we will provide notice and an opportunity to correct the issue.

Following account deletion or termination, associated information may be deleted or retained as described in our Privacy Policy. You remain responsible for separately canceling any active Apple subscription.

Sections concerning intellectual property, disclaimers, liability, disputes, and other provisions that by their nature should survive will remain effective after termination.

16. No Professional Advice

Today Techo is a general productivity, planning, habit-tracking, and journaling tool.

The Services do not provide medical, mental-health, legal, financial, or other professional advice. Information or patterns displayed by the App should not be treated as a diagnosis, professional recommendation, or substitute for qualified advice.

You are responsible for your decisions and for determining whether the Services are appropriate for your needs.

17. Disclaimer of Warranties

To the fullest extent permitted by law, Today Techo is provided “as is” and “as available.”

We do not guarantee that the Services will:

• Meet every requirement or expectation;

• Be uninterrupted, timely, secure, or error-free;

• Work with every device or third-party service; or

• Prevent all data loss or unauthorized access.

We disclaim warranties that may legally be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

18. Indemnity

You agree to hold us harmless and indemnify LinkedLumaMind LLC, and its affiliates, subsidiaries, employees or partners from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations, (d) your violation of the rights of a third party, including but not limited to intellectual property rights, (e) any overt harmful act toward any other user of the Services with whom you connected via the Services. In such a case, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. Limitation of Liability

To the fullest extent permitted by law, LinkedLumaMind LLC and its members, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the Services, including loss of data, profits, opportunities, goodwill, or use.

To the fullest extent permitted by law, our total liability arising from or related to the Services will not exceed the greater of:

1. The amount you paid for Today Techo during the 12 months before the event giving rise to the claim; or

2. US$59.88.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, these provisions apply only to the extent legally permitted.

20. Governing Law and Disputes

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.

If the Parties are unable to resolve a Dispute through settlement conference, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be brought exclusively in the state courts located in Los Angeles County, California, or the United States District Court for the Central District of California, where federal subject-matter jurisdiction exists. Each Party consents to the personal jurisdiction of those courts and waives any objection based on improper venue or forum non conveniens.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

21. Changes to These Terms

We may update these Terms as the Services, our practices, or applicable requirements change.

We will post the updated Terms and revise the effective date. For material changes, we may also provide notice through the App, by email, or through another reasonable method.

Changes will apply prospectively from their stated effective date. If you do not agree to updated Terms, you must stop using the Services.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. General Provisions

These Terms, together with our Privacy Policy and any additional terms presented for a particular feature or purchase, form the agreement between you and LinkedLumaMind LLC concerning the Services.

If a provision is found unenforceable, the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not transfer your rights or obligations under these Terms without our consent. We may transfer these Terms as part of a merger, acquisition, corporate reorganization, asset sale, or operation of law, subject to applicable law.

These Terms do not create a partnership, employment, agency, or joint-venture relationship.

23. Contact Us

Questions, complaints, and requests concerning these Terms may be sent to: legal@todaytecho.com.