toviaThese Terms of Use (“Terms”) govern your access to and use of the Tovia mobile application (“Tovia,” the “App,” “we,” “us,” or “our”), provided by Visionular, a company registered in California, United States.
By downloading, accessing, or using Tovia, you agree to these Terms. If you do not agree to these Terms, please do not use the App.
1. Children's Privacy
Tovia is not specifically designed for children.
We do not knowingly collect personal information from children in violation of applicable law.
If we become aware that we have collected a child's personal information in violation of applicable law, we will take appropriate steps as required by law.
Parents or legal guardians may contact us at support_app@visionular.com with questions or concerns about a child's personal information.
2. About Tovia
Tovia is a personal location and life-recording application designed to help you remember and understand the places you have visited, time spent at those places, movement between places, and events associated with those visits.
Tovia may use certain Apple technologies and device capabilities, including:
- Core Location and CLVisit to detect visits, arrivals, departures, and location information;
- Apple Maps and MapKit to provide maps, place information, and points of interest;
- HealthKit to read selected health and fitness information, including step count, walking or running distance, and active energy burned.
Some features require system permissions. You may revoke these permissions at any time through your device settings, but doing so may limit or disable certain Tovia features.
3. Health and Fitness Data
Tovia is not a medical application and does not provide medical advice, diagnosis, treatment, emergency services, or professional healthcare services.
HealthKit information displayed in Tovia is provided solely for personal informational and contextual purposes.
You should not rely on Tovia or information displayed by Tovia when making medical, emergency, or safety-critical decisions.
Tovia currently uses HealthKit information only for features relating to personal activity context, including step count, distance, and active energy burned.
4. Local Data and Privacy
Tovia does not require you to create or sign in to an account.
Your Tovia records are currently stored locally on your device. Tovia does not currently provide iCloud synchronization or a built-in data export feature.
Because your data is stored locally, uninstalling Tovia, resetting or losing your device, deleting application data, or other device-related events may result in permanent loss of your Tovia records.
You are responsible for maintaining appropriate backups of your device where available.
Your use of Tovia is also subject to the Tovia Privacy Policy.
5. Location and Visit Accuracy
Tovia relies on location technologies, Apple services, and other system-provided information.
Location, arrival and departure times, visit duration, movement type, point-of-interest matching, and related information may sometimes be inaccurate, delayed, incomplete, duplicated, or unavailable.
Tovia does not guarantee that every visit, location, or movement will be detected or recorded.
Visit monitoring may depend on factors outside Visionular’s control, including:
- device hardware;
- iOS behavior and system limitations;
- location and motion permissions;
- battery conditions;
- availability of location services;
- network conditions;
- background execution policies;
- Apple system services; and
- whether the App has been force-quit, disabled, or otherwise prevented from operating.
If a record is important to you, you should review and correct it when necessary.
6. Apple Maps and Third-Party Information
Tovia may display place names, maps, addresses, points of interest, categories, coordinates, and related information provided by Apple Maps, MapKit, or other third-party or system services.
Such information may be incomplete, outdated, unavailable, or inaccurate.
Visionular does not control the content, accuracy, or availability of Apple Maps or other third-party services.
Your use of such services may also be subject to separate terms and policies provided by Apple or the applicable third party.
7. Not a Safety or Real-Time Tracking Service
Tovia is designed as a personal life-recording application.
It is not intended to serve as:
- an emergency location service;
- a child, family member, employee, or asset tracking service;
- a personal safety or rescue service;
- a safety-critical navigation service;
- a real-time location monitoring service; or
- authoritative evidence of a person’s historical location.
You should not rely on Tovia to determine whether a person is safe, missing, located at a particular place, or has followed a specific route.
8. License to Use Tovia
Subject to your compliance with these Terms, Visionular grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use Tovia for personal, non-commercial purposes on Apple devices that you own or control, subject to applicable App Store rules.
Tovia is licensed, not sold.
Except where applicable law expressly permits otherwise, you may not:
- copy or modify the App;
- reverse engineer, decompile, or disassemble Tovia;
- attempt to derive or obtain its source code;
- resell, sublicense, lease, or commercially redistribute Tovia;
- interfere with Tovia’s security or technical protections;
- circumvent access, subscription, or usage limitations; or
- use Tovia in a way that could damage, disable, overload, or impair the App or related services.
9. Free and Pro Features
Tovia may provide both free and paid functionality.
The free version may contain usage limits, including limits on the number of events, event types, categories, records, or other items you can create or use.
Tovia Pro may provide additional functionality, higher limits, or other benefits.
Features, limits, and Pro functionality may change over time, subject to applicable law and App Store requirements.
10. Auto-Renewable Subscriptions
Tovia may offer monthly and annual auto-renewable subscriptions through the Apple App Store.
If you purchase an auto-renewable subscription:
- payment will be charged to your Apple Account when you confirm the purchase;
- your subscription will automatically renew unless you cancel it before the applicable renewal date;
- renewal will be charged according to the price and billing period shown by the App Store;
- you may manage or cancel your subscription through your Apple Account subscription settings; and
- billing, payment processing, refund requests, and subscription management are handled in accordance with Apple’s applicable rules and policies.
Subscription prices may vary depending on country or region, currency, tax, and App Store pricing.
11. Lifetime Purchase
Tovia may offer a one-time “Lifetime” purchase.
A Lifetime purchase gives you access to the Tovia Pro functionality associated with that purchase for as long as Visionular continues to provide and support the relevant version of Tovia and the applicable features.
“Lifetime” refers to the supported lifetime of the applicable product or service, not the lifetime of the purchaser.
A Lifetime purchase does not guarantee that:
- Tovia will operate indefinitely;
- all future features will be included;
- Visionular will permanently maintain or support the App;
- Apple platform capabilities will remain unchanged; or
- third-party services used by Tovia will remain available.
Subject to applicable law, Visionular may modify or discontinue Tovia or individual features where reasonably necessary.
12. Purchases and Refunds
Purchases made through the Apple App Store are processed by Apple.
Visionular does not directly process your App Store payment information.
Refund requests, billing disputes, and related payment matters are generally governed by Apple’s policies and applicable consumer protection laws.
13. User Content and Records
You retain ownership of personal notes, event names, event types, place edits, labels, and other content that you create in Tovia.
Because Tovia currently stores records locally on your device and does not require an account, Visionular generally does not have access to your locally stored Tovia records.
You are responsible for the content you create and for ensuring that your use of Tovia complies with applicable law.
14. Prohibited Uses
You may not use Tovia:
- to unlawfully stalk, monitor, harass, or track another person;
- to violate another person’s privacy or legal rights;
- for unlawful surveillance;
- in violation of applicable laws or regulations;
- to gain unauthorized access to Tovia, Apple services, or related systems;
- to interfere with the proper operation of the App; or
- to circumvent technical, subscription, or security restrictions.
15. Availability and Changes
Visionular may modify, update, add, remove, suspend, or discontinue Tovia or individual features from time to time.
We do not guarantee that any specific feature, Apple API, system capability, map data source, integration, or third-party service will remain available indefinitely.
Some features may require you to install an updated version of Tovia.
16. Intellectual Property
Tovia, including its software, interface, design, branding, graphics, logos, visual elements, and related materials, is owned by or licensed to Visionular and is protected by applicable intellectual property laws.
Except for the limited rights expressly granted under these Terms, no rights in Tovia or its intellectual property are transferred to you.
17. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOVIA IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
VISIONULAR DOES NOT WARRANT THAT:
- TOVIA WILL ALWAYS BE AVAILABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED;
- LOCATION OR VISIT INFORMATION WILL ALWAYS BE ACCURATE OR COMPLETE;
- EVERY VISIT OR MOVEMENT WILL BE RECORDED;
- MAP, MOTION, OR HEALTH INFORMATION WILL ALWAYS BE ACCURATE;
- DATA WILL NEVER BE LOST; OR
- TOVIA WILL MEET ALL OF YOUR EXPECTATIONS OR REQUIREMENTS.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIONULAR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF TOVIA.
TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, VISIONULAR’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO TOVIA OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(a) the amount you paid for Tovia through the App Store during the 12 months preceding the event giving rise to the claim; or
(b) USD $50.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, some of the limitations above may not apply to you.
19. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Visionular and its affiliates, officers, employees, contractors, and licensors from claims, damages, liabilities, losses, and expenses arising from or relating to:
- your misuse of Tovia;
- your violation of these Terms;
- your violation of applicable law; or
- your infringement of another person’s rights.
20. Termination
You may stop using Tovia at any time.
Visionular may suspend or terminate your access to Tovia if you materially violate these Terms, misuse the App, or where suspension or termination is required by law.
Stopping use of Tovia or deleting the App does not automatically cancel an active App Store subscription.
You must separately manage or cancel an active subscription through your Apple Account subscription settings.
21. Governing Law
These Terms are governed by the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes arising out of or relating to these Terms or Tovia will be subject to the jurisdiction of courts located in California, United States.
Nothing in these Terms limits any mandatory consumer rights that cannot legally be waived under laws applicable to you.
22. Apple-Specific Terms
If you download Tovia through Apple’s App Store, you acknowledge and agree that:
- these Terms are between you and Visionular, not Apple;
- Visionular, not Apple, is responsible for Tovia and its content, subject to applicable App Store terms;
- Apple has no obligation to provide maintenance or support for Tovia except as required by applicable law;
- Apple is not responsible for addressing claims relating to Tovia except where required by law; and
- Apple and its subsidiaries may be third-party beneficiaries of applicable license provisions and may enforce those provisions where permitted.
23. Changes to These Terms
Visionular may update these Terms from time to time.
If we make material changes, we may provide notice through Tovia, the App Store listing, or another reasonable method.
The revised Terms will become effective on the date stated in the updated version.
Your continued use of Tovia after the effective date of updated Terms constitutes acceptance of the revised Terms to the extent permitted by law.
24. Contact
If you have questions about these Terms, please contact:
Visionular
California, United States
Email: support_app@visionular.com