Terms of Service & End User License Agreement

These terms apply to the use of the software (packages) offered by Tokomono. By downloading, installing, or using our packages, you agree to these terms.

1. License and Right of Use

Validity: A purchased license is valid for exactly one (1) year from the date of purchase.
Updates: During the term of this license (the first year and upon any renewals) you are entitled to all updates, including bug fixes, new features, and security updates.
After license expiration: If you do not renew the license after one year, your right to further updates (including security updates) and support will expire.
Perpetual fallback: Explicitly, after the license expires, you are permitted to continue using the version of the package installed at that time indefinitely.
Transferability: A license grants a personal or company-bound right of use. Web agencies or freelancers deploying the package for client projects must ensure that usage remains within the limits of the purchased license. Distributing, sublicensing, or reselling the bare software outside the context of a client-specific end application is not permitted.

2. Maintenance and Continuity

Support Guarantee: Tokomono guarantees that security updates for a package will be actively released as long as there are globally at least 10 active annual licenses for that specific package.
Continuity Guarantee (Open Source clause): Should Tokomono decide in the future to permanently discontinue active development, support, or distribution of the package (End of Life), the full source code of the respective package will be released under an open-source license. This ensures existing users can continue to use the software uninterrupted and the community may potentially take it over.

3. Exclusion of Liability and Own Risk

No guarantees ("As Is"): Tokomono's packages are provided "as is" and "as available", without any form of warranty, express or implied. Although we do our utmost to keep the software secure and reliable according to current Laravel standards, we do not guarantee that the software will function error-free or uninterrupted.
Completely at your own risk: The use and implementation of the package in your application is entirely at your own risk.
Watertight exclusion: Tokomono shall in no event (including, but not limited to, negligence, tort, or breach of contract) be liable for any direct, indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to:
- Costs, damages, or claims arising from abuse by third parties (such as hacking, data breaches, ransomware, or other cyber attacks).
- Damages caused by incorrect configuration, incorrect implementation, or conflicts with other software within your environment.
- Loss of income, loss of business data, reputational damage, or business stagnation.
Indemnification: You indemnify Tokomono against any third-party claims (for example, your own clients or users) resulting from the use of our packages within your platform. It is under no circumstances possible to recover costs from Tokomono.

4. Data Processing and Privacy

Local management: Tokomono's packages run exclusively on your own systems or servers.
No application data: We explicitly do not collect or process data, personal data, customer data, or application data from the environment(s) where the package runs.
Telemetry (License verification): The only data we collect to verify the license agreement are:
1. The number of times the package is downloaded via Composer (or another package manager).
2. An automated check whether the package is hosted or used on the domain name(s) authorized in your account.
Website statistics: Separate from our packages, we collect analytical data and statistics regarding sales figures and 'funnels' on Tokomono's commercial website. This is solely for the purpose of optimizing our sales and operations and is completely separate from the functioning of the software on your platform.

5. Intellectual Property

Property rights: By purchasing a license, you solely acquire a non-exclusive and non-transferable right of use. All intellectual property rights, including copyrights on the source code, design, and accompanying documentation, remain fully vested in Tokomono at all times (with the exception of the continuity guarantee in article 2).
Restrictions: You are only permitted to modify the source code for internal use within your own projects. It is explicitly prohibited to distribute the (modified or unmodified) source code with the aim of offering a competing product.

6. Fair Use & License Key

Management of the license key: Your license key (license key/token) is strictly personal or company-bound and must be kept secret at all times. It is strictly forbidden to make this key public, for example by committing it in public repositories (such as public GitHub or GitLab projects).
Abuse and revocation: Tokomono automatically monitors for excessive or improper use of the licenses. Upon detection of (suspected) abuse, unauthorized sharing of the license key, or violation of these terms, Tokomono reserves the right to immediately pause or revoke the license and corresponding access to updates, without any right to a refund.

7. Purchase and Refund Policy

Digital delivery: Because Tokomono's packages are made available directly after purchase as digital content and a downloadable product (source code), the statutory right of withdrawal is excluded.
No refunds: All sales are final. We do not offer refunds or a 'money-back' guarantee after completing the purchase or downloading the software, unless there are specific legal obligations.

8. Governing Law and Disputes

Jurisdiction: This agreement, the services, and the use of the software are governed exclusively by Dutch law.
Disputes: Any disputes that may arise from or in connection with the use of the packages will initially be submitted exclusively to the competent court in the district where Tokomono is located at that time.