These Terms govern your use of the Tomis AI mobile and macOS applications (“Tomis” or the “App”), Tomis Cloud, and the tomis.app website (the “Website”). The service is provided by Cloudflavor GmbH, c/o excent AG, Znl., Gartenstrasse 7, 6300 Zug, Switzerland (“we”, “us”, or “our”).
- Commercial register: Canton of Zug, UID
CHE-370.883.915 - VAT number:
CHE-370.883.915 MWST - Contact: support@tomis.app
By accepting the App’s legal screen where presented, creating a profile or Tomis Cloud account, or using the App, Tomis Cloud, or Website, you agree to these Terms. If you do not agree, do not use them.
1. Eligibility
You must be at least 13 years old, or at least 16 years old in the EEA or where local law requires a higher age, unless a parent or guardian lawfully authorises your use. You must be legally able to enter into these Terms.
2. Tomis is a local-first chat client
Tomis stores most profiles, conversations, files, and settings on your device. It does not claim ownership of your content and does not train models on your content.
When you send a request, the App may transmit the content needed for that request to the provider or tool you selected. This can include prompts, prior conversation context, attachments, audio, web-search queries and results, tool arguments and results, calendar information, location, routes, weather data, or text retrieved from a selected vault or working directory. The provider’s or tool operator’s terms, privacy policy, retention, training, transfer, and acceptable-use rules apply to its processing.
3. Provider choices
- Ollama: Tomis supports Ollama endpoints that you configure and authenticate yourself. Tomis does not operate Ollama Cloud or provide an Ollama Cloud account. If you choose a cloud-hosted Ollama endpoint, you are responsible for that provider relationship and key.
- Self-configured providers, command-line agents, plugins, and MCP servers: you are responsible for selecting and securing them, reviewing their terms, granting only necessary file/tool access, and understanding whether a locally running tool contacts an external service.
- Tomis Cloud: Tomis Cloud is operated by Cloudflavor and uses AI services based in Europe for text inference, speech transcription, image generation, and web search. Cloudflavor does not use prompts or responses to train models. Provider practices differ: the currently configured image service may retain inputs and outputs and use them for model training or improvement unless stronger business terms or an opt-out apply, while retention and training controls for other services depend on the active plan and configuration. Apple terms and the terms of any provider you configure also apply.
We do not guarantee that a third-party provider will follow the same privacy or retention practices as Tomis Cloud. Removing a provider’s key from Tomis does not delete data already handled by that provider.
4. Your responsibilities
You are responsible for:
- keeping your device, profile passphrases, recovery material, and provider keys secure;
- ensuring that you have the right to submit content, personal data, files, calendar data, location, or other tool context to the selected provider or integration;
- obtaining any permission or lawful basis needed to process another person’s data;
- reviewing and approving commands, file changes, calendar changes, external-tool calls, and other actions before they are executed;
- reviewing model outputs before relying on them; and
- complying with applicable law, provider terms, copyright, confidentiality, privacy, and professional obligations.
Do not use Tomis to submit or request illegal content, child sexual abuse material, malware, unauthorised credentials, or content that infringes another person’s rights. Do not use the App to bypass authentication, quotas, rate limits, credits, or security controls; overload the service; abuse another person; or use Tomis Cloud to build a competing service without permission.
5. Device integrations, iCloud, and shared projects
Device integrations are optional and require your authorisation or configuration. Calendar uses the device EventKit store. Apple Maps, geocoding, WeatherKit, iCloud Sync, and shared projects are disabled by default and require the device-local Allow Non-European Access setting in Settings > General. Apple may process request, connection, account, device, and service metadata outside Switzerland and the EEA. You also control whether Tomis can use Photos, Camera, Microphone, speech recognition, selected Obsidian vaults or folders, command-line agents, plugins, MCP servers, or other platform services. Some agent and tool actions can read or modify files, run commands, access remote services, or change external data. You are responsible for the access and actions you approve.
iCloud sync and shared projects are Apple services. When both the regional-access setting and the specific feature are enabled, Apple operates the relevant iCloud/CloudKit transport and storage under Apple’s terms and privacy policy. Tomis encrypts synced content before upload, but Apple may process the account and service metadata needed to operate iCloud. If you enable Auto Key Sync, your profile key is made available through your private iCloud account for adoption by another approved device. Shared-project members can receive project content by design. Turning regional access off stops new use on that device but does not delete data already stored by Apple or received by another member. You are responsible for what you share and with whom.
6. Tomis Pro, Tomis Cloud credits, and billing
Tomis Pro is offered as a non-consumable in-App purchase where shown. Apple processes the transaction through the App Store and StoreKit and controls its purchase, restoration, family-sharing, and refund mechanisms under Apple’s terms.
Tomis Cloud can display service credits associated with your account. Promotional or operator-issued credits have no cash value, are non-transferable, and do not expire unless the applicable offer says otherwise or law requires otherwise. When offered, purchased Tomis Cloud credits are processed through Apple’s In-App Purchase system, do not expire, and remain subject to Apple’s transaction and refund rules. The purchase screen states the price, quantity, and any additional conditions before purchase.
You can permanently delete your Tomis Cloud account from Settings. Before deletion, Tomis shows the exact promotional and purchased credit balances affected. Unused promotional credits are permanently forfeited without refund. Purchased credits are not forfeited or expired: Tomis provides a one-time recovery code that preserves them for restoration to a replacement Tomis Cloud account. You are responsible for storing that code securely; anyone who obtains it may be able to redeem it once. Account deletion does not itself request or issue a refund, and Cloudflavor does not issue App Store refunds directly. Apple controls App Store refund requests and decisions. If Apple refunds or reverses a purchase, we may remove the corresponding credits. Mandatory consumer remedies remain unaffected.
Account deletion does not delete local conversations or Apple iCloud data. Minimal pseudonymous transaction, recovery-claim, and ledger facts may remain to preserve purchased credits and for accounting, tax, fraud, chargeback, dispute, or other legal obligations as described in the Privacy Policy.
We may correct or revoke credits created through fraud, chargebacks, payment reversal, duplicate crediting, technical error, abuse, or a material violation of these Terms. Provider fees for API keys or services you supply yourself are your responsibility.
7. Privacy and data protection
Our Privacy Policy describes local storage, provider boundaries, Tomis Cloud processing, iCloud and shared-project processing, retention, rights, and security. We do not sell your data or use prompts and responses for advertising or behavioural profiling. The selected provider’s terms govern whether requests are used for model training or improvement.
Tomis Cloud processes the account, authentication, device, quota, usage, credit, network, and security records described in the Privacy Policy. The gateway is designed not to intentionally persist prompt or response content in its normal application logs or billing records, but content is processed transiently and feature requests or network traffic may be handled by the services described by category in the Privacy Policy.
8. Availability and enforcement
We may rate-limit, block, suspend, or terminate access to Tomis Cloud when necessary for security, fraud prevention, service integrity, legal compliance, unpaid or reversed credits, or a material violation of these Terms. Where reasonably possible, we will provide notice and an opportunity to resolve the issue. We may preserve and disclose the limited information we hold when legally required.
We do not operate a general-purpose content surveillance system. We may process transient requests and operational metadata to provide the service, investigate security incidents, comply with law, and respond to valid legal requests. Provider-specific model-training and improvement practices are described in the Privacy Policy and the provider’s terms.
9. Intellectual property
Tomis, its software, design, and documentation belong to Cloudflavor or its licensors and are licensed, not sold. Open-source components remain subject to their own licences, available in Settings. Your content remains yours. You grant only the limited rights necessary for Tomis, Apple, and the selected provider to provide the features you request.
10. Disclaimers
TOMIS AND MODEL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. MODEL OUTPUT MAY BE INACCURATE, BIASED, INCOMPLETE, OR UNSAFE. TOMIS IS NOT A SUBSTITUTE FOR MEDICAL, LEGAL, FINANCIAL, SAFETY, OR OTHER PROFESSIONAL ADVICE. VERIFY OUTPUT BEFORE RELYING ON IT.
We do not guarantee uninterrupted availability, accuracy, compatibility, or security of Tomis, Tomis Cloud, Apple services, or a third-party provider.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL ARISING FROM USE OF TOMIS. OUR TOTAL LIABILITY FOR A CLAIM IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE PREVIOUS 12 MONTHS OR CHF 100. These limits do not apply where prohibited by mandatory consumer-protection law or to liability that cannot legally be limited.
12. Governing law and consumer rights
These Terms are governed by Swiss law, without limiting mandatory protections available to consumers in their country of residence. Courts in Zug, Switzerland have jurisdiction to the extent permitted by law. EU/EEA consumers retain any mandatory rights to bring claims in their country of residence and any applicable statutory cancellation, refund, or digital-content rights.
13. Changes
We may update these Terms when the App, service, providers, or law changes. We will update the date above and surface material changes in the App. Changes take effect on the stated effective date, subject to any notice or consent required by law.
14. Apple App Store terms
If you downloaded Tomis from the Apple App Store, these Terms are between you and Cloudflavor, not Apple. Apple is not responsible for Tomis or its content and has no obligation to provide maintenance or support. Apple is a third-party beneficiary of these Terms and may enforce them against you where applicable.
15. Contact
Questions about these Terms: support@tomis.app.