Terms of Service

Effective: August 30, 2026

Welcome to Tomate Home Camera (“we,” “our,” or “us,”). These Terms of Service (“Terms”) govern your legal rights to use or access services, software, mobile applications, and websites (the “Services”). By accessing or using the Services and Products and by logging in, you electronically represent (“sign”) that you agree to the above terms and further certify that you have read, understood, and completely agree, to be legally bound by TomateCamera’s Terms of Service (this “Agreement”). This Agreement further applies to all visitors, users, and others who access the Services and Products (the “Users”).

TomateCamera reserves the right to make changes to this Agreement at any time. If a change is material, we’ll let you know before it takes effect. By using TomateCamera on or after that effective date, you agree to the new Agreement. If you don’t agree to it, please delete your account before it takes effect, otherwise, your use of the site and content will be subject to the new Agreement.

Personal Information

We receive and store account information, location, and other Personal Information that you enter or upload to our Services. You can refer to our Privacy Policy to find out what types of Personal Information are collected.

We assure you that you are the sole person who may choose to share your Personal Information. We neither rent nor sell your Personal Information to anyone, though we may provide aggregate, non-personally identifiable information to our partners. You may modify that setting as part of the Services. TomateCamera may only share your Personal Information and content only as described in our Privacy Policy, except for when required by law or applicable authorities to release the information.

Sharing Your Content and Information

You own all of the content and Personal Information you enter or post on TomateCamera, and can control how it is shared through your privacy and application settings. In addition: for content that is covered by intellectual property rights such as videos, you specifically give us the following permission, subject to the limitations set forth in our Privacy Policy: you grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with TomateCamera.

Furthermore, although we always appreciate your feedback or other suggestions about TomateCamera, you understand and acknowledge that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.

Eligibility and Safety

You may use the Services and Products only if you can form a binding contract with TomateCamera and only in compliance with this Agreement and all applicable local, state, provincial, national, and international laws, rules and regulations. Anyone under age 16 is strictly prohibited from using the Services and Products. The Services and Products are not available to any Users previously removed from TomateCamera, whether for violation of this Agreement or otherwise. Furthermore, you represent and warrant the following:

  1. You are 16 years of age or older.
  2. You understand that TomateCamera DOES NOT become involved in transactions or actions between or amongst parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.
  3. You are responsible for obeying all applicable enforcement mechanisms, including, but not limited to federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, and any applicable executive orders, including compliance with all applicable privacy protection requirements.
  4. You will not use Tomate’s Services, Products, or TomateCamera for any illegal purpose.
  5. We do our best to keep TomateCamera safe, but we cannot guarantee it. We need your help to keep TomateCamera safe, which includes the following commitments by you:
  6. You will not collect Users’ content or Personal Information, or otherwise access TomateCamera, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission.
  7. You will not upload viruses or other malicious code.
  8. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user.
  9. You will not post content on TomateCamera that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  10. You will not develop or operate on TomateCamera a third-party application containing alcohol-related, dating, or other mature content.
  11. You will not use TomateCamera to do anything unlawful, misleading, malicious, or discriminatory.
  12. You will not do anything that could disable, overburden, or impair the proper working or appearance of TomateCamera, such as a denial of Services attack or interference with page rendering or other TomateCamera functionality.
  13. You will not facilitate or encourage any violations of this Agreement or our policies.

You must provide us with your real personal information. Additionally, to further ensure account liability and registration security, you must adhere to the following conditions:

You must notify TomateCamera immediately of any breach of security or unauthorized use of your account. TomateCamera will not be liable for any losses caused by any unauthorized use of your account. You will not provide any false personal information on TomateCamera, or create an account for anyone other than yourself.

You are solely responsible for any and all consequences of such your actions. You further acknowledge and understand that in the event that you violate these terms, TomateCamera may permanently remove you from the Services or the site, and depending on the nature and severity of the violation, avail itself of such remedies as are prescribed by law. TomateCamera will comply with applicable federal, state, provincial, municipal, and tribal law enforcement entities pursuant to applicable laws and regulations. You must take responsibility for your actions whilst using TomateCamera and take responsibility for any and all of your actions related to, or resulting from, my use of TomateCamera.

Intellectual Property Protection

All software, programs, and contents used on this Service, including but not limited to works, images, data, and website architecture, are legally owned by this Service or other right holders, and are protected by intellectual property rights, including but not limited to trademark rights, patent rights, copyrights, trade secrets, and proprietary technology.

No person shall use, modify, reproduce, publicly broadcast, adapt, distribute, circulate, publicly publish, conduct reverse engineering, decompile, or disassemble the same without authorization.

Any citation or reproduction of the aforementioned software, programs, or website contents requires the prior written consent of this Website or other right holders in accordance with the law.

In the event of any violation, you shall be liable for damages to this Website or other right holders (including but not limited to litigation costs and attorney's fees).

Suspension and Interruption of Service

This Service will maintain the normal operation of the system and services using generally reasonable technologies and methods. However, this Service reserves the right to suspend or interrupt the provision of this Service under any of the following circumstances:

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same. You will not post content or take any action on TomateCamera that infringes, misappropriates or violates someone else’s rights or otherwise violates applicable laws, rules or regulations. We reserve the right to remove any content or Personal Information you post on TomateCamera if we believe that it violates this Agreement or our policies. If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate. Lastly, you will not post anyone’s identification documents or sensitive financial information on TomateCamera.

Subscription and Refund Policy

Auto-renewal Subscription Services

Unless you notify us before a charge that you want to cancel or do not want to auto-renew, you understand your TomateCamera Premium Plan will automatically continue and you authorize TomateCamera (without notice to you, unless required by applicable law) to collect the then-applicable subscription fees and any taxes for each successive term, using any payment method we have on record for you.

You may cancel this Service at any time during your subscription period, and the cancellation will take effect at the end of the current billing cycle.

If you cancel this Service on the day before the payment date or on the payment date itself, the cancellation process will be completed at the end of the next billing cycle.

Upon cancellation, you will not receive a refund for the current billing cycle. However, your access to the Service will not be affected by the cancellation during the remaining period of the current billing cycle. You may continue to use the Service and the data and digital content provided and updated therein until the expiration of the said billing cycle, at which point you will lose access to the TomateCamera Service, the data and digital content provided therein, as well as any applicable offers and benefits.

Special Provisions Applicable to Software

You may be required to install Updates to use the TomateCamera app or other parts of the Products or Services, and you will promptly install any Updates that TomateCamera makes available to you. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.

Limitation of Liability

The Services and Products provided herein are provided “as is” and without warranty of merchantability or warranty of fitness for a particular purpose or any other warranty, express or implied. TomateCamera makes no representation or warranty that the Services and Products or the use of the TomateCamera app will not infringe any other patent or other proprietary rights. In no event shall TomateCamera be liable for any incidental, special, or consequential damages resulting from the exercise of the license granted herein or the use of the Services and Products.

Furthermore, TomateCamera is not responsible for addressing any claims you have or any claims of any third party relating to the Services and Products, the TomateCamera app, or your possession and use of the TomateCamera app, including, but not limited to: (i) product liability claims; (ii) any claim that the TomateCamera app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Neither TomateCamera nor its supplies shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, Services, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.

You agree to indemnify and hold harmless TomateCamera and all of its owners, directors, officers, employees, and agents for any and all loss, harm, damage, costs, liability, and expense caused to them, whether intentionally or unintentionally, by my use of TomateCamera, including but not limited to direct or indirect results of violations of any and all applicable laws.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we reserve the right to stop providing all or part of TomateCamera to you. We will notify you by email or at the next time you attempt to access your account. You may also uninstall your application at any time.

Governing Law and Dispute Resolution

(a) Governing Law: This Agreement and any dispute arising out of or in connection with the App services shall be governed by and construed in accordance with the laws of the region where TomateCamera entity providing the service to the User is legally registered (e.g., the laws of Taiwan for users contracting with the Taiwan entity; the laws of Mainland China for users contracting with the Mainland China entity), without regard to its conflict of law principles.

(b) Dispute Resolution: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the User and TomateCamera shall first attempt to resolve the matter amicably through customer service channels. If such dispute cannot be resolved through amicable negotiation, both Parties agree that the dispute shall be submitted to the competent court located at the place of TomateCamera’s principal place of business or registration in that region as the court of first instance, to the extent permitted by applicable consumer protection laws.

(c) Language: This Agreement is executed in the Chinese language. In the event of any discrepancy or conflict between the Chinese version and any translation thereof, the Chinese version shall prevail.

WE DO NOT GUARANTEE THAT TOMATECAMERA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT TOMATECAMERA WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TOMATECAMERA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING FROM OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. p>

Other

This Agreement makes up the entire agreement between the parties regarding the Services and Products, and supersedes any prior agreements, whether written or oral. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or of any other provision of this Agreement. You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with applicable laws, rules or regulations. This Agreement does not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing TomateCamera. Any amendment to or waiver of this Agreement must be made in writing and either signed by us or posted by us on the Services. TomateCamera may amend this Agreement from time to time, at its sole discretion. If we make material changes to the way we use Personal Information or content, we will notify you by posting an announcement on our Services or by sending you an email to the address you have registered with us. Users will be bound by any changes to the Agreement when they use the Services after they have first been notified of such changes.

No Life and Safety or Critical Uses; Backups

You acknowledge that Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities to your home in the event of an emergency. TomateCamera makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life-threatening, safety and emergency events should be directed to the appropriate response services.

We strongly suggest that you backup any important content (for example, by downloading and locally saving any such Content). You are solely responsible to backup your content to another location outside the Services to avoid loss of your content and other data.

Customer Support

You may contact TomateCamera Support via archit.tomate@gmail.com or the in-app “Report an Issue” channel, the official customer support channel that we respond to.

TomateCamera does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by TomateCamera is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY TOMATECAMERA WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.