Terms of Service
TERMS OF SERVICE FOR TŌŌL
Last Updated: 11/14/2025
1. ACCEPTANCE OF TERMS
By downloading, accessing, or using TŌŌL (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the App.
2. AGE REQUIREMENT
You must be at least 18 years old to use the App. By using the App, you represent you are 18+.
3. LICENSE TO USE THE APP
You are granted a limited, revocable, non‑transferable license to use the App for personal, non‑commercial wellness purposes. You may not:
- Modify, copy, distribute, or reverse engineer the App
- Use the App for unlawful purposes
- Scrape or extract data from the App
All rights not expressly granted are reserved by the App owner.
All rights, title, and interest in the App, including all software, text, graphics, interfaces, trademarks, and data, are owned by TŌŌL (Burdell Innovations LLC) and are protected by intellectual property laws.
4. NOT A MEDICAL DEVICE / NO MEDICAL ADVICE
TŌŌL is not a medical device and does not provide medical advice.
The App is for general wellness support only. It cannot diagnose, treat, cure, or prevent any disease, addiction, or mental health condition.
Always consult a licensed healthcare provider regarding nicotine cessation, mental health concerns, or withdrawal symptoms.
5. USER RESPONSIBILITIES
You agree not to:
- Engage in harassment, abuse, or harmful behavior in community features
- Share illegal, harmful, or copyrighted content
- Misuse tracking tools or falsely report information
- Attempt to hack, interfere with, or disrupt App operations
You are responsible for:
- Your actions within the App
- The accuracy of the information you provide
- Your interactions within community features
6. USER-GENERATED CONTENT
Users are solely responsible for content they create, post, or submit.
We do not endorse or verify user content.
We may remove or moderate content at our discretion for any reason.
7. AI CHAT / THIRD-PARTY SERVICES DISCLAIMER
TŌŌL uses third‑party services including:
- OpenAI (AI chat processing)
- Firebase (data storage, authentication)
- Apple HealthKit (health data access)
These services may experience outages, inaccuracies, or delays. We are not responsible for:
- The accuracy of AI-generated responses
- Third-party system downtime
- Delays or failures outside our control
The AI chat feature is not a therapist, clinician, or healthcare provider.
8. PRIVACY POLICY
Your use of the App is governed by our Privacy Policy:
https://www.toolapp.net/privacy-policy
9. TERMINATION OF USE
We may suspend or terminate accounts at our discretion, including for:
- Violations of these Terms
- Harmful or illegal behavior
- Attempted misuse or hacking of the App
Upon termination, your license to use the App ends immediately.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TŌŌL, its owners, developers, partners, and affiliates from any claims, damages, losses, liabilities, and expenses arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your interactions or disputes with other users
- User-generated content you create or share
11. LIMITATION OF LIABILITY
The App is provided “AS IS” and “AS AVAILABLE.”
To the fullest extent permitted by law, we disclaim all liability for:
- Indirect, incidental, consequential, or punitive damages
- Loss of data, lost profits, or business interruptions
- Health outcomes related to nicotine use or cessation attempts
- Actions taken based on App information or AI chatbot suggestions
You use the App entirely at your own risk.
12. NO WARRANTY
We do not guarantee:
- Accuracy or reliability of App content
- Availability or uninterrupted operation
- Error-free or bug-free functionality
- Accuracy of health insights or tracked data
13. CHANGES TO THE APP
We may modify, update, or discontinue the App or any features at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the App or any part of it.
14. ARBITRATION AGREEMENT AND DISPUTE RESOLUTION
(a) Agreement to Arbitrate
For users located in the United States, you and TŌŌL agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App (collectively, “Disputes”) shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as provided below.
This arbitration agreement is governed by the Federal Arbitration Act (“FAA”).
(b) Class Action Waiver
You and TŌŌL agree that Disputes will be resolved only on an individual basis.
Class actions, class arbitrations, private attorney general actions, and any other representative proceedings are not permitted.
You and TŌŌL expressly waive the right to bring or participate in a class, collective, or representative action.
(c) Arbitration Procedures
The arbitration will be conducted by a single arbitrator.
The arbitrator may award the same individualized remedies a court could award.
The arbitrator does not have authority to hear or decide class or representative claims.
All hearings will take place in Fulton County, Georgia, unless the parties mutually agree to another location or the arbitrator requires a remote hearing.
(d) Informal Resolution First (Required)
Before initiating arbitration, you agree to first attempt to resolve the Dispute informally by emailing:
burdellinnovations@gmail.com
with the subject line: “Informal Dispute Notice.”
If the Dispute is not resolved within 30 days, either party may commence arbitration.
(e) Mass Arbitration Provision (Prevents abusive mass-filing campaigns)
If 25 or more substantially similar arbitration demands are filed against TŌŌL within 90 days by the same law firm or coordinated group, the AAA may:
consolidate the claims for administrative purposes,
require a global bellwether process, or
determine fees in a manner consistent with fairness and the interests of justice.
(f) Small Claims Court Exception
You may bring an individual claim in small claims court instead of arbitration if the claim qualifies.
(g) Opt-Out Option
You may opt out of this arbitration agreement within 30 days of creating your account by sending an email to:
burdellinnovations@gmail.com
with the subject line “Arbitration Opt-Out” and including your name and the email associated with your account.
Opting out does not affect your other rights or obligations under these Terms.
(h) Costs
AAA rules govern payment of arbitration fees. If required by applicable law, TŌŌL will reimburse your portion of arbitration fees.
(i) Survival
This arbitration agreement survives:
the termination of your account,
your cessation of App use, and
the termination of these Terms
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15. MODIFICATIONS TO TERMS
We may update these Terms from time to time. Continued use of the App constitutes acceptance of updated Terms.
16. GOVERNING LAW
For US users: These Terms are governed by the laws of the State of Georgia.
For international users: Local mandatory consumer protection laws may apply.
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17. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18. NO WAIVER
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
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19. DMCA NOTICE & TAKEDOWN POLICY
TŌŌL respects the intellectual property rights of others and expects users of the App to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we will respond promptly to notices of alleged copyright infringement that comply with the law.
This section explains how to notify us of claimed infringement, how to submit a counter-notification, and how we handle repeat infringers.
A. Filing a DMCA Takedown Notice (Notice of Claimed Infringement)
If you believe that your copyrighted work has been copied, uploaded, posted, displayed, or otherwise used on the App in a way that constitutes copyright infringement, you must submit a written DMCA-compliant notice to our Designated Agent containing the following information:
A physical or electronic signature of the copyright owner or the person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple copyrighted works are involved.
Identification of the infringing material that is to be removed or disabled, with enough detail to allow us to locate it on the App (e.g., screenshots, usernames, message text, timestamps, or URLs if available).
Your contact information, including your full legal name, address, telephone number, and email address.
A statement that you have a good-faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Failure to include all of the above information may result in your DMCA notice being rejected.
B. DMCA Designated Agent
Please send DMCA notices to:
DMCA Designated Agent
TŌŌL — Burdell Innovations LLC
Email: burdellinnovations@gmail.com
Subject Line: “DMCA Takedown Request”
Submitting your notice via email is preferred and ensures faster processing.
C. Removing or Disabling Access to the Material
Upon receiving a valid DMCA notice, we will:
Review the claim
Remove or disable access to the allegedly infringing material
Notify the user who posted the material that it has been removed due to a DMCA complaint
Forward the notice (including your contact information) to the alleged infringer as required by law
D. Filing a DMCA Counter-Notification
If your content was removed or disabled due to a DMCA notice and you believe that this removal was a mistake or that you have authorization to use the material, you may submit a counter-notification in accordance with 17 U.S.C. §512(g).
Your counter-notification must include:
Your physical or electronic signature.
Identification of the material that has been removed or disabled and the location where it previously appeared.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal courts in the State of Georgia, and that you will accept service of process from the person who filed the original DMCA notice or their agent.
Counter-notifications must be sent to:
Subject Line: “DMCA Counter-Notification”
E. Restoration of Content
If we receive a valid counter-notification, we may:
Restore the removed content after 10 business days,
unless the copyright claimant notifies us that they have filed a court action seeking to restrict the user from engaging in the allegedly infringing activity.
F. Repeat Infringer Policy
In accordance with the DMCA, TŌŌL maintains a policy to terminate, in appropriate circumstances, the accounts of users who are deemed repeat infringers.
A “repeat infringer” includes any user who:
Has been the subject of more than one valid DMCA takedown notice, or
Submits content repeatedly found to infringe the rights of others
We may also, at our discretion, suspend or terminate users for a single instance of severe infringement.
G. Misrepresentation Liability
Under 17 U.S.C. §512(f), any person who knowingly misrepresents that material is infringing, or who knowingly misrepresents that material was removed or disabled by mistake, may be liable for damages, including costs and attorney’s fees.
Filing fraudulent, abusive, or bad-faith DMCA notices or counter-notices may result in account termination.
H. No Legal Advice
This DMCA section is provided for informational purposes only and does not constitute legal advice. If you are unsure about your rights or obligations under the DMCA, you should seek legal counsel.