Terms & Conditions for Tomus Mobile Application

These Terms & Conditions (“Terms”) govern your use of the Tomus mobile application (“the App”) provided by IE Konstantin Khalyushev (“the Company”) located at Apartment N2 b Iv. Javakhishvili Str 91, Chugureti district, Tbilisi, 0162, Georgia. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the App.

1. Acceptance of Terms

By using the App, you confirm that you are at least 18 years of age and have the legal capacity to enter into a contract. If you are using the App on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms. These Terms constitute a legal agreement between you and the Company.

2. User Account

2.1. To use certain features of the App, you may be required to create a user account. You agree to provide accurate, complete, and up-to-date information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2. You must promptly notify the Company of any unauthorized use of your account or any other breach of security.

3. License and App Usage

3.1. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use.

3.2. You agree not to:

• a) Modify, adapt, translate, or create derivative works of the App;
• b) Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App;
• c) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the App;
• d) Use the App for any illegal, harmful, or unauthorized purpose;
• e) Interfere with or disrupt the integrity or performance of the App or its servers;
• f) Use the App in a manner that violates any applicable laws or regulations.

4. Intellectual Property Rights

4.1. The App and all associated intellectual property rights are owned by the Company. These rights include, but are not limited to, copyrights, trademarks, trade secrets, and patents.

4.2. You acknowledge that the App and its contents are protected by copyright laws and international treaties.

4.3. You may not use, reproduce, modify, distribute, or display any portion of the App without the prior written consent of the Company.

5. Privacy

5.1. The Company collects, stores, and processes your personal information in accordance with its Privacy Policy. By using the App, you consent to the collection and use of your personal information as described in the Privacy Policy.

6. Disclaimer of Warranty

6.1. The App is provided on an “as is” and “as available” basis. The Company does not warrant that the App will be error-free, uninterrupted, or free from viruses or other harmful components.

6.2. The Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

7.1. To the maximum extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use or inability to use the App.

7.2. In no event shall the Company’s total liability to you for all claims arising out of or in connection with these Terms or your use of the App exceed the amount paid by you, if any, for using the App.

8. Termination

The Company reserves the right to suspend or terminate your access to the App at any time, with or without cause, and without prior notice.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Georgia. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Georgia.

10. Amendments

The Company reserves the right to modify or revise these Terms at any time by posting the updated Terms on the App. Your continued use of the App after such changes constitutes your acceptance of the modified Terms.

11. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the App and supersede any prior agreements or understandings, whether oral or written.

If you have any questions or concerns about these Terms & Conditions, please contact the Company at the following address:

IE Konstantin Khalyushev
Apartment N2 b Iv. Javakhishvili Str 91
Chugureti district
Tbilisi, 0162
Georgia