LEGAL

Terms of Service

Last Updated: [DATE] · Effective Date: [DATE]

These Terms of Service (“Terms”) govern your access to and use of the Tovaire mobile application (the “App”) operated by JSNK (“we,” “us,” or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Description of Service

Tovaire is a price tracking application for luxury fashion products. The App allows you to:

  • Submit product URLs from supported luxury retailers to track prices.
  • View current and historical pricing information for tracked products.
  • Set custom price drop thresholds and receive push notifications when prices fall below those thresholds.
  • Receive alerts when specific sizes come back in stock.
  • Compare prices across multiple retailers for similar products.

2. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

3. Account Registration

To access certain features of the App (including following products and receiving notifications), you must create an account using Sign in with Apple or Sign in with Google. You agree to:

  • Provide accurate and complete information.
  • Maintain the security of your account credentials.
  • Notify us immediately of any unauthorized use of your account.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Billing

4.1 Free and Paid Tiers

The App offers a free tier (limited to 2 product follows) and a paid subscription tier (up to 20 product follows).

4.2 Subscription Plans

  • Monthly Plan: $4.99 per month
  • Annual Plan: $39.99 per year

Prices are in US dollars and may be adjusted in the future with notice.

4.3 Auto-Renewal Disclosure

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT. By subscribing, you acknowledge and agree to the following:

  • Your subscription automatically renews at the end of each billing period (monthly or annually) unless you cancel at least 24 hours before the end of the current period.
  • Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the same price.
  • You can manage and cancel your subscription at any time through your Apple ID Account Settings in the App Store.

4.4 Payment Processing

All payments are processed by Apple through the App Store. We do not collect, store, or have access to your payment card information. All billing inquiries should be directed to Apple.

4.5 Refunds

Refund requests are handled by Apple in accordance with their refund policies. To request a refund, visit reportaproblem.apple.com.

4.6 Price Changes

We may change subscription prices at any time. If we increase prices, we will provide at least 30 days' notice. Price changes will take effect at the start of your next billing period following the notice. Your continued subscription after a price change constitutes acceptance of the new price.

4.7 Cancellation

You may cancel your subscription at any time through your Apple ID Account Settings. Upon cancellation:

  • You will retain access to paid features until the end of your current billing period.
  • Your account will revert to the free tier when your paid period expires.
  • You will not be charged for subsequent billing periods.
  • No partial refunds are provided for unused portions of a billing period.

5. Acceptable Use

You agree not to:

  • Use the App for any unlawful purpose or in violation of any applicable laws.
  • Attempt to reverse engineer, decompile, or disassemble the App.
  • Use automated systems, bots, or scripts to interact with the App in a manner not intended by its design.
  • Interfere with or disrupt the App's infrastructure or other users' use of the App.
  • Attempt to gain unauthorized access to any systems or networks connected to the App.
  • Use the App to collect data about other users.
  • Resell, redistribute, or commercially exploit the App or its data without our prior written consent.
  • Submit URLs from unsupported retailers or submit non-product URLs.

6. Product Data and Price Accuracy

6.1 No Guarantee of Accuracy

The App displays product information — including prices, availability, and size data — collected from third-party retailer websites. We do not guarantee the accuracy, completeness, or timeliness of this information.

  • Prices displayed in the App may differ from actual prices on retailer websites at any given time.
  • Product availability and size information may be outdated.
  • Price history data reflects information collected at specific intervals and may not capture all price changes.
  • We are not responsible for errors in pricing or product data displayed in the App.

6.2 Not a Retailer

We are not a retailer, marketplace, or seller of any products. The App provides price tracking and comparison information only. All purchases are made directly through third-party retailer websites, subject to those retailers' own terms, conditions, and policies.

6.3 Retailer Relationships

Unless explicitly stated, we are not affiliated with, endorsed by, or sponsored by any retailer whose products appear in the App. Retailer names, logos, and product images are the property of their respective owners and are used solely for identification and informational purposes.

7. Intellectual Property

7.1 Our Intellectual Property

The App, including its design, features, functionality, and original content, is owned by JSNK and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App in accordance with these Terms.

7.2 Third-Party Intellectual Property

Product names, brand names, logos, and product images displayed in the App belong to their respective owners. We display this information for the purpose of product identification and price comparison. We do not claim ownership of any third-party intellectual property.

7.3 User Content

By submitting product URLs to the App, you grant us a non-exclusive, royalty-free license to use, process, and display the resulting product information in connection with the App's services.

8. Notifications

By enabling push notifications, you consent to receive:

  • Price drop alerts for products you follow.
  • Restock alerts when your preferred size becomes available.
  • Occasional service updates and important account notifications.

You can disable push notifications at any time through your device settings or within the App. Disabling notifications means you will not receive price drop or restock alerts.

9. Privacy

Your use of the App is also governed by our Privacy Policy, available at https://tovaire.com/privacy. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

10. Disclaimers

10.1 “As Is” Basis

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Specific Disclaimers

We do not warrant that:

  • The App will be uninterrupted, timely, secure, or error-free.
  • Product prices, availability, or other data will be accurate or current.
  • Price notifications will be delivered in a timely manner or at all.
  • The App will be compatible with all devices or operating system versions.
  • Third-party retailer websites will be accessible or functional when you follow links from the App.

10.3 No Financial Advice

The App provides product pricing information for informational purposes only. Nothing in the App constitutes financial, investment, or purchasing advice. You are solely responsible for your purchasing decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JSNK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless JSNK and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the App.
  • Your violation of these Terms.
  • Your violation of any third-party rights.
  • Any purchases you make through third-party retailer websites accessed through the App.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@tovaire.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If we cannot resolve the dispute informally, you and JSNK agree to resolve any disputes through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in California, unless you and we agree otherwise. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

YOU AND JSNK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws provisions.

15. Account Deletion

You may delete your account at any time from the Profile screen in the App. Upon account deletion:

  • Your personal data will be permanently deleted within 30 days.
  • Active subscriptions are not automatically canceled. You must cancel your subscription separately through Apple's App Store before or after deleting your account.
  • We will remind you about any active subscription during the deletion process.

For more information about what data is deleted and retained, see our Privacy Policy.

16. Modifications to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms within the App.
  • Updating the “Last Updated” date at the top.
  • Sending a push notification for significant changes.

Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App and delete your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and JSNK regarding the App.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Contact

JSNK
Email: support@tovaire.com
Website: https://tovaire.com