Terms of Service

Version 1. Effective 3 October 2026.

Permanent address of version 1: https://toposphora.com/legal/terms-v1.html

1. About these Terms

1.1 These Terms of Service (the Terms) are a contract between you and Toposphora LLC, a Mississippi limited liability company. We, us and our mean Toposphora LLC. You means the person or organization that uses the service under these Terms.

1.2 The service means the Toposphora web app at app.toposphora.com, the iOS app, the Outlook add-in, the Gmail add-on, email intake addresses, share links, and the support we give.

1.3 You accept these Terms when you tick a box or press a button that says you agree to them. This can happen when you start a trial or a subscription, when you sign in, or when you add the Business add-on. If you do not agree, do not use the service.

1.4 This is version 1 of the Terms. It takes effect on 3 October 2026. Each version stays online at its own address. This version is at /legal/terms-v1.html. The current version is always at /terms.html.

1.5 We keep a record of each time you accept the Terms: your email address at the time, the version and its address, the time, where you accepted, and any Stripe Checkout reference. We keep this record after your account is deleted, with the link to your account removed.

1.6 The Privacy Notice explains how we handle personal information. The Security page describes how we protect your workspace. Section 15 explains when the Business Associate Agreement applies.

2. Who may use the service

2.1 The service is for business and professional use. When you accept these Terms, you confirm that you do not use the service for personal, family, or household purposes.

2.2 You must be 18 or older.

2.3 If you accept these Terms for a practice, firm, company, or other organization, you confirm that you have authority to bind it. In that case, “you” means that organization.

3. Your account

3.1 Your workspace is the private area of the service that holds your records and files. Its account holder is the person whose sign-in opens it.

3.2 Give us accurate information and keep it up to date, including an account email that you read. We send notices there.

3.3 Keep your password and other sign-in details secure. You are responsible for everything done through your account, including by anyone you let use it.

3.4 Tell us at once at support@toposphora.com if you think someone used your account without permission.

4. Plans and practice profiles

4.1 Each workspace has a practice profile: expert witness, attorney, or Toposphora Core. You choose it when you sign up, or we set it when we invite you. The profile decides which features and words your workspace shows.

4.2 The expert witness plan includes Time Tracking, invoices, payments through Stripe, and e-signature through SignWell. The attorney plan includes Time Tracking, invoices, and e-signature through SignWell. On the attorney plan, invoices leave as files, and you collect payment outside Toposphora. Toposphora Core includes all four features only with the Business add-on (section 8).

4.3 You pay the price shown when you subscribe. Prices can change under section 6.7.

4.4 Each workspace includes 50 GB of storage. Files in Deleted items count toward it until you delete them permanently. For use above 50 GB, you pay the storage price shown in the app for each GB for each month. We average your use above 50 GB over the calendar month and add the charge to your next subscription invoice. If this happens during a free trial, the charge is on your first invoice after the free trial.

5. Free trial

5.1 We may offer a free trial of 30 days. We may limit free trials to one for each person or practice.

5.2 You give a payment card through Stripe Checkout when the free trial starts. We do not charge it during the free trial.

5.3 When the free trial ends, it becomes a paid monthly subscription at the price shown when you subscribed, and we charge your card. This does not happen if you cancel before the free trial ends.

5.4 When the free trial starts, we email you a confirmation. It gives your plan, the price, the date the free trial ends, the date of the first charge, and how to cancel. Stripe also emails you a reminder seven days before the free trial ends.

5.5 If you cancel during the free trial, you are not charged. You keep access until the free trial ends. Then section 18 applies.

5.6 If no payment card is on file when the free trial ends, the subscription ends without a charge.

6. Subscription, renewal, and cancellation

6.1 Your subscription renews every month until you cancel. Each billing period lasts one month. Billing periods start on the same day of the month as your first charge.

6.2 We charge your card through Stripe at the start of each billing period. The charge includes any storage fee under section 4.4. You authorize these charges until you cancel.

6.3 You can cancel at any time in the web app. Open Setup, then Finance, and choose Manage Billing. This opens your Stripe billing page, where you cancel the subscription. You can also ask us to cancel by email to support@toposphora.com.

6.4 Cancellation stops the next renewal. You keep access until the end of the billing period you paid for. Then section 18 applies.

6.5 We do not refund any part of a billing period, including when you cancel partway through it. The only exceptions are the Business add-on credit in section 8.4 and a refund under section 28.4.

6.6 If a charge fails, Stripe tries it again over the following days, and your workspace stays open meanwhile. You can update your card in Setup, then Finance, with Update Payment Method. If the charge still fails after the last try, your subscription ends. Then section 18 applies.

6.7 We can change the price of a plan, of the Business add-on, or of storage above 50 GB. We email you 30 days before the first charge at the new price. The email tells you how to cancel. If you do not cancel before that charge, the new price applies from then on.

7. Complimentary access

7.1 We may invite you to use the service without a subscription. This is complimentary access. It lasts until we end it.

7.2 We may end complimentary access by giving you 30 days’ notice. You can subscribe to keep using your workspace. If you do not subscribe, section 18 applies from the end of the notice period.

7.3 Complimentary access covers the subscription only. AI features still draw on the AI Wallet, unless we tell you otherwise in writing.

8. Business add-on

8.1 The Business add-on is for Toposphora Core only. It adds Time Tracking, invoices, payments through Stripe, and e-signature through SignWell.

8.2 A Toposphora Core subscriber adds it in the web app, in Setup, then Finance. Its price is the one shown when you add it. We add it to your monthly subscription, and you get one invoice. When you add it, you accept the Terms in effect at that time.

8.3 If you add it partway through a billing period, your next invoice includes a charge for the rest of that period.

8.4 You can turn it off at any time in Setup, then Finance. Time Tracking, invoices, payments, and e-signature stop at once. Your saved time entries and invoices stay in your workspace. Your next invoice carries a credit for the unused part of that billing period.

8.5 With complimentary access, you can ask for the Business add-on in Setup. We decide whether to turn it on.

8.6 The Business add-on ends when your subscription ends.

9. AI Wallet

9.1 The AI Wallet is a prepaid balance, in U.S. dollars, that pays for AI features. You add funds by card through Stripe, in the web app.

9.2 AI features draw on the AI Wallet. The AI Wallet record shows each charge. For a large action, the app shows an estimate and asks you to confirm it first. Where the app shows usage, it counts usage in tokens.

9.3 An action that needs funds does not start when the balance is too low. A started action or an automatic step can cost more than the balance. The balance can then fall below zero. Funds or credits that you add next first pay any negative balance.

9.4 Auto-recharge is off unless you turn it on. When it is on, we charge your saved card the amount you chose each time the balance reaches the level you chose. You can turn it off at any time in the AI Wallet, in the web app.

9.5 AI Wallet funds are not refundable, except under section 20.1 or where the law requires. If you ask, we may choose to refund unused funds that you paid for. Credits that we grant to your AI Wallet are used first, and we never refund them.

9.6 AI Wallet funds and granted credits have no cash value and cannot be transferred. They pay only for AI features in your workspace.

9.7 The balance stays with your workspace while we keep it, including after a subscription ends (section 18). The balance ends when the workspace is deleted.

10. Taxes

10.1 Our prices include any sales, use, or similar tax that we must collect. When a law requires us to collect such a tax from you, your invoice shows it as part of the price. It does not increase the price. If we change this, we will tell you at least 30 days before your next renewal.

10.2 If we do not collect a tax that applies to what you buy from us, you must report and pay it where the law requires. An example is use tax in your state.

10.3 The amount you pay into the AI Wallet is the amount we add to it. Any tax we must collect on AI Wallet funds is included in that amount.

10.4 You are the seller of the services you provide to your own clients. This includes each invoice, payment link, and agreement that you send through Toposphora. You decide whether a tax applies to your services. You charge it, report it, and pay it. We do not collect, report, or pay tax for you. If you add a tax line to an invoice, you set the rate and you are responsible for it.

10.5 We do not give tax advice. Ask your own tax adviser.

10.6 Each party pays its own income, franchise, payroll, and property taxes.

11. Your content

11.1 Your content means everything that you or others put into your workspace. This includes records, files, contacts, email, files uploaded through your share links, and what AI features produce for you.

11.2 You own your content.

11.3 You give us a limited right to host, store, copy, process, send, and display your content. We use this right only to provide, secure, and support the service, to follow your instructions, and to comply with the law. The right ends when your content is deleted, except for earlier file versions, temporary copies, backups, and logs, which we remove as section 10 of the Privacy Notice describes.

11.4 You confirm that you have every right, consent, and authorization that the law, your professional rules, and any court order require for your content. This includes your right to put health information, sealed records, and records under a protective order into the service.

11.5 Other people can send content to your workspace through your share links and your email intake address. Once it is there, it is your content under these Terms.

12. Acceptable use

12.1 You must not use the service to:

• break any law, court order, or professional rule;
• infringe or misuse anyone’s intellectual property, privacy, or confidential information;
• store or send content that you have no right to hold or share;
• send spam, bulk unsolicited email, or email that misleads recipients about who sent it;
• upload malware or other harmful code;
• harass, threaten, defraud, or harm anyone.

12.2 You must not:

• get into, or try to get into, an account, workspace, or system that you are not allowed to use;
• probe, scan, or test the service for weaknesses without our written permission;
• interfere with the service, overload it, or get around its security, limits, or charges;
• copy, reverse engineer, or take apart the software, except where the law allows this despite this rule;
• use automated means to access the service, except features we provide for that purpose;
• resell, rent, or share the service with anyone outside your practice, or use it to build a competing product;
• use the AI features in a way that breaks the usage policies of the AI models we use through Amazon Bedrock.

13. AI features

13.1 AI features read, summarize, compare, and draft content, and answer questions. They run when you start an action. They also run on their own in two cases. When you upload a file with no preset type, the app reads the file name to suggest a document type. When email arrives at your email intake address, the app can summarize the message and suggest details. Those steps draw on the AI Wallet like any other AI action, and the AI Wallet record shows each one.

13.2 AI output can be wrong, incomplete, or out of date. It can sound certain when it is wrong. Review it before you rely on it, file it, send it, or testify about it.

13.3 The service and its AI output are not legal, medical, tax, or expert advice. They do not replace your own professional judgment. You are responsible for your work product, your opinions, and your testimony.

13.4 AI features run on Amazon Bedrock, in an Amazon Web Services account that we control. We do not use your content to train AI models. Amazon states that content sent to Amazon Bedrock is not used to train its models.

13.5 We choose the AI models and may change them. We make no promise about a particular model, result, or speed.

13.6 The in-app help assistant answers questions about how to use the service. It does not keep your questions or its answers.

14. Your clients and third-party services

14.1 You are the seller of your own services. You set your prices, send your invoices, and handle your refunds, disputes, and chargebacks. We are not a party to your agreements with your clients or anyone else. You are responsible for your agreements, your invoices, and the people you send them to.

14.2 Where your plan includes payments, you open your own Stripe account from the app to take payments from your clients. Stripe provides those payment services under the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. When you open the account, you agree to those terms with Stripe, as Stripe may change them. Your clients’ payments go into your Stripe account. We do not receive or hold those funds, and we take no share of them. You must follow Stripe’s terms on what you may collect through it. Check those terms and your professional rules before you collect client trust funds, settlements, or cost advances this way. Your trust-accounting duties are your own.

14.3 You allow us and Stripe to exchange information about you, your business, and your Stripe transactions, so the app can show and manage them.

14.4 When you send a document for signature, SignWell delivers it and collects the signatures. A signed copy is saved in your workspace. You are responsible for the document, for whether an electronic signature is valid for it, and for the signers you choose.

14.5 Email you write in Toposphora is delivered by Resend. You see each one before it is sent. You choose its recipients and its content, and you are responsible for both. After an email is sent, it cannot be recalled. If you delete it from your workspace, the recipient keeps their copy. For an account with a Business Associate Agreement, replies sent from Toposphora do not quote the earlier email. Stripe emails the invoices and payment links you send. When the last signer signs an agreement that has a retainer, Toposphora creates the retainer invoice and Stripe emails it to the billing contact.

14.6 The Outlook add-in and the Gmail add-on work inside your own mail product, under Microsoft’s or Google’s terms. Each works only on the message you have open, and files it only when you choose. The Gmail add-on is available only where Google allows it. Our use of information we receive from Google follows the Google API Services User Data Policy, including its Limited Use requirements.

14.7 Anyone who has a share link can use it until it expires or you revoke it. Anyone who has the address of your calendar feed can read the events in it. You choose who receives them.

14.8 The iOS app is a free, sign-in-only companion for existing accounts. You cannot subscribe or buy anything in it. Section 31 also applies to it.

14.9 Other companies provide their services under their own terms, and we are not responsible for them. If a company changes or stops a service, we may change or stop the features that depend on it.

15. Health information and the Business Associate Agreement

15.1 You may keep health information in your workspace.

15.2 Toposphora signs a Business Associate Agreement with customers who need one. Our standard Business Associate Agreement (the BAA) is at /baa.html. There is no charge for it. Protected health information has the meaning that HIPAA gives it.

15.3 If you are a HIPAA covered entity or business associate, you must have a BAA in effect with us before you put protected health information into the service.

15.4 To ask for the BAA, email legal@toposphora.com. Give your account email, your legal name, and whether you are a covered entity or a business associate. Do not put health information in the request. The BAA takes effect when we confirm it in writing.

15.5 The BAA covers your workspace: storage of your records and files, inbound email capture, share-link uploads, filing from the add-ins once a message reaches us, AI features, text extraction, malware scanning, the help assistant, and backups.

15.6 The BAA does not cover:

• email you send from Toposphora;
• e-signature;
• payments, invoices, payment links, time-entry descriptions that appear on invoices, the AI Wallet, and subscription billing;
• what your own email, calendar, or other providers receive, hold, or display;
• email and other messages you send to us outside the workspace, such as to our support or legal addresses, and messages you send through the app’s support form.

15.7 Do not put protected health information into the items in 15.6, other than what your own providers hold. The app shows a caution where you write email, templates, invoices, and time entries. Every invoice also shows the matter’s reference number and title.

15.8 When you send, share, export, download, or sync information out of the service, that copy is your disclosure. Our duties for that copy end when we deliver it.

15.9 The text of the BAA controls what it covers. Section 23 applies to the BAA, as the BAA states.

16. How we handle your content

16.1 We process your content only to provide, secure, and support the service, on your instructions, and as the law requires. Your use of the service’s features and settings, and your written requests to us, are your instructions.

16.2 We keep your content confidential. Our staff look at it only to give support you ask for, to keep the service secure or investigate abuse, or when the law requires. Our billing and support tools can show a file name next to an AI Wallet charge.

16.3 We do not sell your content. We do not use it for advertising. We do not use it to train AI models.

16.4 We host the service and store your workspace on Amazon Web Services, in the United States. Five other companies handle specific data for a specific job: Stripe, SignWell, Resend, Cloudflare, and Google. Each receives only the data its job needs. The Security page says what each one does, and describes the safeguards we use to protect your content.

16.5 If we confirm that someone got unauthorized access to your content, we tell you without undue delay. We tell you what we know, and we update you as we learn more. For protected health information under a BAA, the BAA sets the timing.

16.6 If a court, a government agency, or another person demands your content from us, we tell you first so you can object, unless the law forbids it. We give out only what the law requires.

17. Your duty to preserve records

17.1 You decide what to keep and for how long. Litigation holds, preservation duties, protective orders, the retention rules of your profession, and court orders that apply to you remain your responsibility.

17.2 The service has no hold feature. Some deletions are permanent at once. Others become permanent when you remove the item from Deleted items. Before you delete a record, check whether you must keep it. Do not count on us to restore a record that you delete.

17.3 Keep your own copies of records that you must preserve, and export them before you delete them or cancel.

18. End of subscription, export, and deletion

18.1 A subscription ends when a cancellation takes effect, when a free trial ends without a charge, when a charge still fails after the last try, or when we end it under section 20. Complimentary access ends under section 7.2 or section 20. In this section, the end date is the day your subscription or complimentary access ends.

18.2 After the end date, you can no longer open the workspace. Sign-in shows only a screen to subscribe again. The workspace’s share links and its email intake address stop working.

18.3 We keep the workspace for three months from the end date. You can return during that time by subscribing again.

18.4 During the three months, you can ask for a full export of your workspace, and we complete it. We can also extend the three months if you ask before they end. Send either request to support@toposphora.com.

18.5 After the three months, we may delete the workspace permanently. Deletion removes your content and ends any AI Wallet balance. If a BAA is in effect, the BAA states when we delete the workspace.

18.6 While you can open your workspace, you can ask for a full export in the app. Open Setup, then Support, and choose Data export request. You can also ask by email to support@toposphora.com, or download your files from the app yourself.

18.7 You can ask us to delete your account at any time. In the app, open Setup, then Support, and choose Account deletion request. You can also email support@toposphora.com. We complete the deletion. It removes your workspace’s records and files, including earlier versions of the files. It also ends your subscription and any AI Wallet balance. It cannot be undone. Database backups that hold your workspace age out over 35 days.

18.8 Some records stay after deletion. We keep the record of your acceptance of these Terms (section 1.5) and our correspondence with you, as the Privacy Notice describes. Stripe, SignWell, and Resend keep their own copies under their own terms. Copies that you sent or shared with other people stay with them.

19. Changes to the service and beta features

19.1 We may change, add, or remove features. If a change removes a feature that is a material part of your plan, we tell you at least 30 days before. We may make a change sooner when the law, a security risk, or a change by another company requires it.

19.2 We may label a feature beta, preview, or early access. A beta feature can be incomplete. It can change or end at any time.

20. Suspension and termination

20.1 We can end your subscription or your complimentary access for any reason by giving you at least 30 days’ notice. For a paid subscription, the end takes effect at the end of a billing period, so you do not pay for time you cannot use. When we end a subscription or complimentary access under this section, we also refund unused funds that you paid into the AI Wallet.

20.2 We can suspend or end your access at once if:

• a charge is still unpaid after Stripe’s last try;
• you seriously breach these Terms, including section 12;
• your use harms or threatens the service, our other customers, or anyone else;
• the law or a court order requires it.

20.3 When we can, we tell you before we suspend your access and give you a chance to fix the problem. During a suspension, your content stays in your workspace.

20.4 When your access ends under this section, section 18 applies. If we end it because of unlawful content, we may delete that content, or keep it, as the law requires.

21. Our intellectual property and feedback

21.1 We own the service, its software, its design, its guides, and the Toposphora name and logo. These Terms give you no rights in them, except the right to use the service under these Terms.

21.2 While your access lasts, we give you a limited, non-exclusive, non-transferable right to use the service for your practice under these Terms.

21.3 If you send us ideas or feedback, we may use them freely, with no duty to you. Feedback does not include your content.

22. Warranty disclaimer

22.1 The service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including the warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

22.2 We do not promise any level of availability. We do not promise that the service will be free of errors, safe from every threat, or suited to your needs, or that AI output is accurate.

22.3 Where a law does not allow a disclaimer, this section applies as far as that law allows.

23. Limits of liability

23.1 Neither party is liable to the other for lost profits, lost revenue, lost goodwill, the cost of substitute services, or any indirect, special, incidental, consequential, or punitive damages, even if told that they were possible.

23.2 Each party’s total liability for all claims about these Terms or the service is limited to the greater of: (a) the amounts you paid us in the 12 months before the event that caused the liability, counting subscription fees, Business add-on fees, storage fees, and AI Wallet funds used in that time; or (b) US$1,000.

23.3 Sections 23.1 and 23.2 do not apply to:

• your duty to pay fees;
• your duties under section 24;
• either party’s fraud, gross negligence, or willful misconduct;
• your misuse of the service, including unauthorized access, reverse engineering, and use that breaks section 12;
• liability that the law does not allow a party to limit.

23.4 These limits apply to every kind of claim, whether in contract, in tort (including negligence), or otherwise. They apply to the BAA, as the BAA states. They do not reduce a refund that these Terms promise.

24. Your indemnity

24.1 You will defend us against any claim by a third party that arises from any of the following. You will also pay the losses, damages, fines, and reasonable legal fees that result.

• Your content. This includes a claim that you lacked a right, consent, or authorization for it, that you broke a protective order, or that you failed a duty you have under HIPAA.
• Your use of the service against the law or against these Terms.
• Your dealings with your own clients and others. This includes your agreements, the invoices and payment links you send through your own Stripe account, the documents you send for e-signature, and the email you send.

24.2 This duty does not cover a claim to the extent it results from our negligence, our willful misconduct, or our breach of these Terms.

24.3 We will tell you promptly about a claim and let you control its defense. You may not settle it in a way that admits fault for us or binds us to act, unless we agree in writing.

24.4 We give no indemnity under these Terms.

25. Governing law and disputes

25.1 Mississippi law governs these Terms and any dispute about them or the service, without regard to its conflict-of-law rules. Federal law applies where it governs. Nothing in these Terms removes a right that the law of your state says cannot be waived.

25.2 Before either party sues, it sends a written notice of the dispute to the other party, as section 29 describes. It then allows 30 days to resolve the dispute. This step does not change any deadline set by law. It does not apply to a request for an urgent order under section 25.5.

25.3 The only courts for a dispute are the state courts located in Hinds County, Mississippi, and the U.S. District Court for the Southern District of Mississippi, Northern Division. Each party consents to the personal jurisdiction and venue of those courts and gives up any objection to them. There is no arbitration.

25.4 Either party may bring an individual claim in a small-claims court if the claim fits that court’s limits and stays there. Examples are a Mississippi justice court and the small-claims court for your billing address.

25.5 Either party may ask any court with jurisdiction for an urgent order to stop unauthorized access, misuse of the service, or misuse of that party’s confidential information or intellectual property.

25.6 These Terms set no time limit to bring a claim. The time limits set by law apply.

26. JURY TRIAL WAIVER

26.1 Each party waives its right to a trial by jury in any dispute about these Terms or the service, to the extent the law allows.

26.2 If a court will not enforce this waiver, the rest of sections 25 and 27 still applies.

27. CLASS ACTION WAIVER

27.1 Each party brings claims against the other only as an individual. Neither party will bring, join, or take part in a class, collective, consolidated, or representative action against the other, or a private attorney general claim against the other, to the extent the law allows.

27.2 If a court holds this waiver unenforceable for a claim, only that claim may go forward as the court allows, in a court named in section 25.3. The rest of this section still applies.

28. Changes to these Terms

28.1 We may publish a new version of these Terms, with a new number and effective date.

28.2 For a material change, we email you and show a notice in the app at least 30 days before the new version takes effect. Material changes include changes to fees, renewal, cancellation, disputes, liability, and how we use your content. A change that the law requires can take effect sooner. Other changes take effect on the date the new version states.

28.3 When a new version takes effect, the app asks you to accept it when you sign in. Until you accept, you can still cancel, contact support, and ask for an export or for deletion.

28.4 If you do not accept a new version, you can cancel your subscription. If you ask, we end it at once and refund the unused part of the billing period. The earlier version applies to you until the subscription ends. If you neither accept nor cancel, we may end your subscription at the end of a billing period, and section 18 applies.

28.5 A new version never applies to a dispute that either party filed, or gave written notice of, before the new version took effect.

29. Notices

29.1 Send legal notices to Toposphora LLC, 1220 Northside Dr., Ste 170, PMB #176, Jackson, MS 39211, and by email to legal@toposphora.com. Send support questions, cancellation requests, and export or deletion requests to support@toposphora.com.

29.2 We send notices to you at your account email or in the app.

29.3 A notice by email is given when it is sent, unless the sender learns that it was not delivered. A notice by mail is given when it is received.

29.4 You agree to receive notices, records, and agreements from us electronically. An electronic acceptance has the same effect as a signature.

30. General terms

30.1 You may not transfer these Terms or your account without our written consent. We may transfer these Terms to a company that takes over our business or the service. We will tell you if we do.

30.2 These Terms, and any BAA in effect between us, are the whole agreement between us about the service. They replace any earlier understanding about it.

30.3 If documents conflict, this order applies:

1. for protected health information, a BAA in effect between us;
2. a written agreement signed by both parties that says it changes these Terms;
3. these Terms;
4. other pages that these Terms link to.

30.4 If a court holds part of these Terms unenforceable, that part is enforced as far as the law allows. The rest stays in effect.

30.5 If a party does not enforce a right, it does not give up that right.

30.6 Neither party is liable for a delay or failure caused by events outside its reasonable control. Examples are a natural disaster, a war, and a failure of power, the internet, or a provider we rely on. This section does not excuse a duty to pay.

30.7 You confirm that U.S. law does not bar you from receiving the service, and that you are not on a U.S. government list of restricted parties. You will not use or export the service in breach of U.S. export control or sanctions laws.

30.8 The parties are independent. Neither party is the other’s agent, partner, or employee.

30.9 These Terms give no rights to anyone else, except as section 31 says.

30.10 Any part of these Terms that by its nature should last after they end will last. This includes sections 17, 18, and 21 to 30, and any fees you owe.

30.11 “Including” means including without limitation. Headings are only for convenience.

31. Additional terms for the App Store app

31.1 This section applies if you get the iOS app from Apple’s App Store. In this section, the app means that iOS app. If this section conflicts with the rest of these Terms for the app, this section controls. But sections 31.5 to 31.7 only divide responsibility between us and Apple. They give no indemnity from us and do not change sections 22 to 24.

31.2 These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the app and its content.

31.3 We give you a limited, non-transferable license to use the app on Apple-branded products that you own or control, as the Usage Rules in Apple’s Media Services Terms and Conditions allow.

31.4 We alone provide maintenance and support for the app, at support@toposphora.com. Apple has no duty to provide any maintenance or support for it.

31.5 If the app fails to meet a warranty that applies to it and that these Terms do not disclaim, you may tell Apple, and Apple will refund the price you paid for the app, if any. The app is free. To the extent the law allows, Apple has no other warranty duty for the app. Any other claim, loss, liability, damage, or cost from a failure to meet a warranty is our responsibility, subject to these Terms.

31.6 We, not Apple, are responsible for addressing any claim by you or anyone else about the app or your use of it. This includes product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.

31.7 If anyone claims that the app or your use of it infringes their intellectual property, we, not Apple, are solely responsible for investigating, defending, settling, and discharging that claim.

31.8 You confirm that you are not in a country that is subject to a U.S. Government embargo, or that the U.S. Government has designated as a country that supports terrorism. You also confirm that you are not on any U.S. Government list of prohibited or restricted parties.

31.9 Send questions, complaints, and claims about the app to the address and email in section 29.1, or to support@toposphora.com.

31.10 When you use the app, you must follow any third-party terms that apply, such as your wireless data service agreement.

31.11 Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to the app. When you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary, and Apple is treated as having accepted that right.