Terms of Use

Welcome to Toto Ventures Inc. (“we,” “our,” or “us”). These Terms of Use govern your access to and use of our mobile applications (collectively, the “Apps”). By downloading, installing, or using any of our Apps, you agree to be bound by these Terms of Use.

## 1. Acceptance of Terms

By accessing or using our Apps, you confirm that you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, you must not use our Apps.

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your continued use of the Apps following any changes constitutes your acceptance of the revised terms. We recommend checking this page periodically for updates.

## 2. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our Apps on devices that you own or control, solely for your personal, non-commercial use.

You may not:
– Copy, modify, or create derivative works of the Apps
– Reverse engineer, decompile, or disassemble the Apps
– Rent, lease, loan, resell, or sublicense the Apps
– Remove or alter any copyright, trademark, or other proprietary notices
– Use the Apps for any unlawful purpose or in violation of these Terms

## 3. User Accounts and Registration

Some of our Apps may require you to create an account. When creating an account, you agree to:
– Provide accurate, current, and complete information
– Maintain and promptly update your account information
– Keep your password secure and confidential
– Notify us immediately of any unauthorized use of your account
– Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms of Use or for any other reason at our sole discretion.

## 4. Privacy and Data Collection

Your privacy is important to us. Our Apps may collect certain data as described in our Privacy Policy, which is incorporated into these Terms of Use by reference. By using our Apps, you consent to the collection and use of information as outlined in our Privacy Policy.

**We do not sell, rent, or trade your personal data to third parties.**

### Third-Party Services and Analytics

Our Apps use third-party services to provide functionality and improve user experience, including but not limited to:
– **Firebase** – For app analytics, crash reporting, and performance monitoring
– **Analytics Services** – To understand app usage patterns and improve our services
– **Apple HealthKit** – For health and fitness data integration (see Section 4.1 below)

These third-party services may collect information about your use of our Apps. Their use of your information is governed by their respective privacy policies.

### 4.1 HealthKit Data

Some of our Apps may integrate with Apple HealthKit to access or store health and fitness data. By granting our Apps access to HealthKit:
– You authorize us to read and/or write specific health data as requested by the App
– **We will not use or share HealthKit data for advertising, marketing, or data mining purposes**
– **We will not sell HealthKit data to third parties, including data brokers or information resellers**
– HealthKit data will only be used to provide health and/or fitness services within the App
– You can revoke HealthKit permissions at any time through your device settings

We comply with all Apple HealthKit guidelines and applicable health data privacy laws.

## 5. User Content and Conduct

Some of our Apps may allow you to submit, upload, or share content such as text, images, or other materials (“User Content”). You retain ownership of your User Content, but by submitting it through our Apps, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your User Content solely for the purpose of operating and improving our Apps.

You agree not to use our Apps to:
– Violate any applicable laws or regulations
– Infringe upon the rights of others, including intellectual property rights
– Upload or transmit viruses, malware, or other harmful code
– Harass, abuse, or harm another person
– Impersonate any person or entity
– Collect or store personal data about other users without consent
– Interfere with or disrupt the Apps or servers

## 5A. In-App Purchases and Subscriptions

Some of our Apps offer in-app purchases and subscription services (collectively, “Paid Features”). By purchasing Paid Features, you agree to the following:

### Payment and Billing
– All purchases are processed through the Apple App Store
– Prices are displayed in your local currency and may include applicable taxes
– Payment will be charged to your Apple ID account at confirmation of purchase
– We do not have access to your payment information; all transactions are handled by Apple

### Subscriptions
– Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
– Your account will be charged for renewal within 24 hours prior to the end of the current period
– You can manage your subscriptions and turn off auto-renewal in your Apple ID Account Settings
– The subscription price may be subject to change with notice; changes will apply to subsequent subscription periods

### Free Trials
– Some subscriptions may offer a free trial period
– If you do not cancel before the trial period ends, you will be automatically charged for the subscription
– You can cancel your free trial at any time through your Apple ID Account Settings

### Refunds and Cancellations
– Refund policies are governed by Apple’s App Store refund policies
– To request a refund, contact Apple Support directly
– Canceling a subscription will stop future billing but will not refund the current billing period
– You will retain access to Paid Features until the end of your current billing period

### Changes to Pricing
– We reserve the right to modify subscription prices at any time
– Price changes for existing subscribers will take effect at the start of the next subscription period after notice is provided
– Continued use of the subscription after a price change constitutes acceptance of the new price

## 5B. Subscription Terms Specific to Paid Features

By subscribing to any Paid Features, you acknowledge that:
– Content, features, and availability of Paid Features may change over time
– We may modify, discontinue, or add features to subscriptions at our discretion
– Access to Paid Features is contingent on maintaining an active subscription
– Sharing subscription access with others is prohibited unless explicitly allowed

## 6. Intellectual Property Rights

All content, features, and functionality of the Apps, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the exclusive property of Toto Ventures Inc. or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may not use our trademarks, logos, or branding without our prior written permission.

## 7. Third-Party Services and Links

Our Apps may contain links to third-party websites or services that are not owned or controlled by Toto Ventures Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

**Third-Party Payment Processing:** All payment transactions for in-app purchases and subscriptions are processed by Apple through the App Store. We do not collect, store, or have access to your payment information. Your use of Apple’s payment services is subject to Apple’s Terms of Service and Privacy Policy.

You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

## 8. Disclaimers and Limitation of Liability

**The Apps are provided “as is” and “as available” without warranties of any kind, either express or implied.** We do not warrant that:
– The Apps will be uninterrupted, secure, or error-free
– The results obtained from using the Apps will be accurate or reliable
– Any errors in the Apps will be corrected

**To the fullest extent permitted by law, Toto Ventures Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:**
– Your access to or use of (or inability to access or use) the Apps
– Any conduct or content of any third party on the Apps
– Unauthorized access, use, or alteration of your content or data

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

## 9. Indemnification

You agree to defend, indemnify, and hold harmless Toto Ventures Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
– Your access to or use of the Apps
– Your violation of these Terms of Use
– Your violation of any third-party rights, including intellectual property rights

## 10. Termination

We may terminate or suspend your access to our Apps immediately, without prior notice or liability, for any reason, including if you breach these Terms of Use.

Upon termination, your right to use the Apps will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

## 11. Equipment and Network Access

You are responsible for obtaining and maintaining all equipment and services needed to access and use our Apps, including but not limited to mobile devices, wireless or data plans, and internet access. You agree to pay all charges incurred in connection with your use of the Apps.

## 12. Changes to the Apps

We reserve the right to modify, suspend, or discontinue any aspect of the Apps at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Apps.

## 13. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Canada and the Province of British Columbia, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms of Use or the Apps shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.

## 14. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

## 15. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Toto Ventures Inc. regarding the use of our Apps and supersede all prior agreements and understandings.

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By using our Apps, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.