TOTO TERMS OF USE

1. Scope And Applicability

1.1. These Terms govern the relationship between you and Destria Limited, with its registered office at THE LEVENTIS GALLERY TOWER, Floor 13, Flat 1301, 5 A, Leventis, Nicosia 1097, Cyprus, and/or its affiliates ("we", "us", "our" or the "Company"), regarding your use of the Toto mobile application, websites, and related services (the "Application" or "Service"), including all information, text, graphics, software, and other content available through it (the "Content").
1.2. These Terms establish a legally binding contractual relationship between you and the Company. Please read them carefully before using the Service.
1.3. You must accept these Terms to create a Toto account and to access or use the Service. If you do not agree with these Terms, do not create an account or use the Service.
1.4. To the extent permitted by applicable law, we may update these Terms at any time. Where required by law, we will notify you of material changes. Continued use of the Service after such changes constitutes acceptance of the revised Terms.

2. Eligibility And Account Registration Requirements

2.1. You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to use the Service.
2.2. Use of the Application is not permitted where prohibited by law or where we do not provide services, including in restricted jurisdictions such as Iran, Syria, North Korea, Sudan, Cuba, the Crimea region of Ukraine, or the so-called "DPR/LPR."
2.3. You may create an account to access additional features of the Application. Registration may require you to provide certain personal information as prompted.
2.4. Each user may hold only one account. Accounts are strictly personal and may only be registered by natural persons.
2.5. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
2.6. We reserve the right to verify account information and to suspend or terminate accounts in cases of non-cooperation, false or misleading information, or breach of these Terms.
2.7. By creating an account, you represent and warrant that:
(i) all registration information you submit is true, accurate, and complete;
(ii) you will maintain and promptly update such information as necessary; and
(iii) your use of the Service complies with all applicable laws, regulations, and these Terms.

3. Permitted Use Of The Application

3.1. The Application is for lawful, personal, non‑commercial use only.
3.2. Prohibited conduct includes, but is not limited to: uploading or distributing illegal, harmful, or infringing materials; impersonating others; harassment or bullying; introducing malware or attempting to hack the Service; engaging in or promoting criminal acts; or any form of child sexual exploitation (strict zero‑tolerance policy).
3.3. We may suspend or terminate your access to the Service at any time in response to violations of these Terms.

4. Intellectual Property Rights

4.1. All rights, title, and interest in the Application and its Content belong exclusively to the Company or its licensors.
4.2. Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, revocable licence to use the Application.
4.3. Nothing in these Terms conveys any ownership rights in the Application or its Content.

5. User-Generated Content

5.1. You represent and warrant that you own or otherwise control all rights to any content you upload or make available through the Service ("User Content").
5.2. Prohibited User Content includes material that is unlawful, infringing, obscene, exploitative, or sexualized material involving minors.
5.3. By submitting User Content, you grant:
(i) other users a limited licence to view such content for personal, non‑commercial purposes; and
(ii) the Company a worldwide, royalty-free licence to host, reproduce, display, distribute, and promote it in connection with the Service.
5.4. We may monitor, moderate, or remove User Content at our discretion but are under no obligation to do so.
5.5. You remain solely responsible for your User Content and your interactions with other users.

6. Community Standards And Conduct Rules

To ensure a safe, respectful, and lawful environment, all users must adhere to the following standards of conduct. Violations may result in content removal, account suspension, permanent termination, or referral to relevant authorities.
6.1. Prohibited Conduct. Users must not impersonate others, create or operate fake accounts, use unauthorized images, disclose personal data in profiles, include external links or advertisements, harass, discriminate, or engage in or promote unlawful activity.
6.2. Appropriate Attire and Presentation. Content depicting nudity, partial nudity, lingerie, or sexually suggestive imagery is not permitted. Swimsuit photos are acceptable only when contextually appropriate, such as at beaches, pools, or similar environments.
6.3. Sexual Content and CSAM. Explicit sexual material is strictly prohibited, including depictions of genitalia, sexual acts, sex toys, or sexual fluids. There is zero tolerance for any form of child sexual exploitation, grooming, or sexualization, including fictional or animated depictions. All such violations will be reported to law enforcement.
6.4. Harassment and Bullying. Users may not threaten, intimidate, blackmail, or engage in harassment of any kind. Disclosure of private information without consent and the posting of discriminatory, abusive, or hateful remarks are strictly forbidden.
6.5. Violence, Criminal Activity, and Harmful Behavior. Content that promotes or depicts violence, physical abuse, terrorism, self-harm, drug use, animal cruelty, or weapons is expressly prohibited.
6.6. Compliance and Enforcement. The Company reserves the right to review, restrict, or remove content and to suspend or terminate accounts for any breach of these rules. Severe or unlawful conduct may be reported to competent authorities.

7. Dispute Resolution And Arbitration Procedure

7.1. These Terms include a binding arbitration provision that affects your legal rights. Disputes arising under these Terms must be resolved through arbitration on an individual basis rather than in court. Arbitration does not involve a judge or jury, and appellate review is more limited than in court. If you do not agree to these Terms, you must not use the Service.
7.2. We encourage resolving disputes amicably and efficiently. The parties agree to attempt good‑faith informal resolution of any claim subject to this Arbitration Agreement. To begin, you must contact us at [email protected].
7.3. If a dispute remains unresolved after sixty (60) days, it shall be finally settled by binding arbitration administered by the London Court of International Arbitration (LCIA) in accordance with its rules.
7.4. All arbitration proceedings must be conducted on an individual basis. Class, collective, or representative actions are expressly waived.

8. In-App Purchases And Virtual Items

8.1. The Application may be used free of charge, but optional in‑app purchases may be offered for enhanced features, content, or digital goods.
8.2. All in‑app purchases are processed exclusively through the Apple App Store or Google Play and are subject to their respective terms. We do not process payments directly.
8.3. Except where required by applicable law, all purchases are final and non‑refundable. Refund requests must be directed to the applicable app store.
8.4. The Application may include virtual credits or items ("Gems") that can be earned or purchased. Gems have no monetary value outside the Application and cannot be redeemed for cash, goods, or services. You obtain only a limited, revocable, non‑transferable licence to use Gems within the Application.
8.5. We reserve the right to regulate, modify, suspend, or discontinue Gems or related features at any time without liability to you.

9. User Interactions And Responsibilities

9.1. You are solely responsible for your interactions with other users.
9.2. We disclaim any liability for disputes, misrepresentation, or misconduct between users.
9.3. You must exercise caution when sharing personal information or meeting in person.

10. User Representations and Warranties

10.1. You represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction.
10.2. You have the legal right and capacity to enter into and comply with these Terms.
10.3. You have not been convicted of a felony or required to register as a sex offender.
10.4. All information you provide is accurate, current, and complete, and you agree to maintain its accuracy.
10.5. Your use of the Application complies with these Terms, applicable law, and the policies of Apple App Store and Google Play.

11. Disclaimer Of Warranties

11.1. The Application is provided "as is" and "as available."
11.2. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.
11.3. We do not warrant that the Application will be uninterrupted, secure, or error‑free.

12. Limitation Of Liability

12.1. To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, or punitive damages.
12.2. Our total aggregate liability to you shall not exceed the amount you paid (if any) for access to the Application.
12.3. Nothing in these Terms excludes liability for fraud, death, or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.

13. Indemnification And General Provisions

13.1. You agree to indemnify, defend, and hold harmless Destria Limited, its affiliates, officers, directors, and employees from and against all claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to: (i) your User Content; (ii) your use of the Application; or (iii) your breach of these Terms.
13.2. We may assign or transfer our rights or obligations under these Terms without restriction. You may not assign or transfer any rights without our prior written consent.
13.3. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.4. We are not liable for any delay or failure in performance due to causes beyond our reasonable control.
13.5. We may revise these Terms periodically. Continued use of the Application following any updates constitutes acceptance of the revised Terms.
13.6. Nothing in these Terms limits your statutory consumer rights. Residents of the European Union may submit complaints to their local consumer-protection authorities.
13.7. These Terms are governed by and construed in accordance with the laws of England and Wales, excluding its conflict-of-law rules, and subject to Section 7 (Arbitration).