Template — not legal advice. Items marked [CONFIRM: …] must be filled in and removed before launch. Consider having an attorney review these terms.

Terms of Use

Effective date: [CONFIRM: EFFECTIVE DATE]

These Terms of Use (“Terms”) are an agreement between you and Thomas R&D LLC, a Washington limited liability company (“we,” “us”), and govern your use of the [APP NAME] mobile app (the “App”) and thomasrnd.com. By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

1. Who may use the App

The App is intended for adults. You must be at least 18 years old (or the age of majority where you live) to use the App and purchase a subscription.

2. Subscriptions and auto-renewal

Some features of the App require a paid subscription. [CONFIRM: subscription options and prices, e.g. “[APP NAME] Premium is available as a monthly subscription for $X.XX/month or an annual subscription for $XX.XX/year (U.S. prices; prices in other countries may vary and are shown in the App before purchase).”] [CONFIRM: free trial length and terms, e.g. “New subscribers may be offered a 7-day free trial,” or remove if none.]

3. License to use the App

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your personal, non-commercial use, subject to these Terms and the applicable app store rules. All content in the App, including lessons, text, graphics, and software, is owned by Thomas R&D LLC or its licensors and is protected by intellectual property laws.

You agree not to copy, redistribute, resell, reverse engineer, or create derivative works from the App or its content, or use the App in any unlawful way.

4. Educational content

The App provides general educational information to help parents support their child’s math learning. It is not affiliated with, endorsed by, or sponsored by any school, school district, or curriculum publisher, and references to curricula are for descriptive purposes only. [CONFIRM: if specific curriculum names/trademarks (e.g. Math Expressions) are referenced in the App, keep this sentence; consider listing trademark owners.] We work to keep content accurate but do not guarantee any particular educational outcome.

5. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

6. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THOMAS R&D LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA OR PROFITS, ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM.

7. App store terms

If you downloaded the App from the Apple App Store, you also agree to Apple’s Licensed Application End User License Agreement, and you acknowledge that these Terms are between you and Thomas R&D LLC only, not Apple. Apple is not responsible for the App or its content, has no obligation to provide maintenance or support, and is a third-party beneficiary of these Terms with the right to enforce them against you. If you downloaded the App from Google Play, Google Play’s terms also apply.

8. Termination

We may suspend or end your access to the App if you violate these Terms. You may stop using the App at any time; to stop future charges, cancel your subscription as described above.

9. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date and, where appropriate, notify you in the App. Continued use after changes take effect means you accept the updated Terms.

10. Governing law

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in [CONFIRM: county], Washington, unless applicable consumer protection law gives you the right to bring a claim where you live.

11. Contact

Thomas R&D LLC
Email: admin@thomasrnd.com