Terms of Use

Kwomi is a mobile application and website owned and operated by True Top LLC (“True Top,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Kwomi app, the kwomi.com website, and the Kwomi service they connect to (together, the “Service”). By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, please do not use Kwomi.

Kwomi is designed for parents, guardians, adult family members and teachers. You must be at least 18 years old (or the age of majority where you live) to create an account or use the Service. Children may use the app only under the direct supervision of an adult who has accepted these Terms.

You can try Kwomi without an account, but nothing you capture is saved until you sign in. An account is required to keep artwork.

Accounts are created with Sign in with Apple or Sign in with Google. There is no separate Kwomi password. You are responsible for keeping access to the provider account you sign in with, and for everything done through your Kwomi account. Tell us promptly if you believe someone else has used it.

One person, one account. Do not share an account, and do not create an account on behalf of someone else without their authority.

You own your content. All artwork, photographs, scans, 3D captures and other materials you create, upload or import into Kwomi (“Your Content”) remain yours. True Top LLC claims no ownership of Your Content.

To operate the Service, you grant True Top LLC a limited, non-exclusive, royalty-free, worldwide licence to store, process, display, reproduce and transmit Your Content solely as needed to:

• –Store Your Content on our service and make it available to you across your devices
• –Display Your Content to you within the app and on kwomi.com
• –Generate thumbnails, display copies and optimised versions so the app works
• –Validate and sanitise an uploaded image before it enters your library
• –Share Your Content with the specific people you direct us to share it with, such as the members of an album you create
• –Export Your Content at your direction
• –Produce, and provide to a production partner for the purpose of producing, any physical product you order

This licence exists only to run Kwomi's features and ends when you delete Your Content or your account. We do not use Your Content for advertising or marketing, we do not sell it, and we do not use it to train machine learning models.

You are responsible for having the right to upload what you upload — including, where the artwork is a child's, the right to upload that child's work and to share it with the people you share it with.

Your Content is stored on Kwomi's own service, hosted in the United States, and a recent portion of it is cached on your device so the app works offline.

We work hard to make this reliable, but we do not guarantee that the Service will be uninterrupted, error-free or available at all times, and we are not a backup service. You remain responsible for keeping your own copies of anything you cannot afford to lose. The app can export your artwork at any time, and we recommend you do so periodically. True Top LLC is not liable for data loss resulting from device failure, service disruption, or other circumstances beyond our reasonable control.

Kwomi is free. There is no subscription on sale, no feature is withheld behind a purchase, and storage is currently unlimited. True Top LLC does not collect, process or store payment information of any kind.

Future storage fee. We plan to introduce a modest fee for accounts that store more than a set amount of artwork. Before we do, we will announce the limit and the price in the app and by email, at least 30 days in advance. You will not be charged unless you choose to pay. If you choose not to, you will still be able to view and export the artwork you have already stored.

If we ever introduce a paid feature or a paid product, we will not charge you without telling you first and obtaining your agreement at the time of purchase.

Coming soon. Ordering physical products is not yet available. When it launches, Kwomi will let you turn artwork in your library into a physical product — a print, a canvas, a gift item — and the terms in this section will apply whenever you place such an order. The rest of the Service remains free.

Every item is made to order. Nothing is held in stock. Each product is manufactured individually, bearing the artwork you chose, after you place the order. That is what makes it personal, and it is also why the terms below are stricter than they would be for an item off a shelf.

Production partners

We do not manufacture or ship these items ourselves. Orders are produced and dispatched by third-party production partners, and which partner handles your order depends on the product and on where it is being delivered — we route each order to a partner able to produce and deliver it in your region. Our partners change over time as we add products and regions. To fulfil an order we give the chosen partner the artwork being printed, your shipping details and what you ordered, and nothing else. Our Privacy Policy explains what each partner receives.

Prices, payment and taxes

The price, shipping cost and any taxes or duties are shown before you confirm. Payment is taken at the time you place the order and is handled by a third-party payment processor; True Top LLC does not receive or store your card details. Prices vary by product and region and may change at any time, but the price you were shown at confirmation is the price for that order. Import duties or customs charges on a cross-border delivery, where they apply, are yours to pay.

Delivery

Production and delivery times are estimates, not promises, and depend on the partner, the product and the destination. You are responsible for giving us a correct and complete delivery address. We cannot redirect an order once it has gone into production, and an order that fails to deliver because the address was wrong is not refundable.

All sales are final

Because every item is made to order and personalised with your artwork, orders cannot be returned, exchanged, cancelled once production has begun, or refunded. Please check your artwork, the product, the size and the quantity before you confirm — a printed item cannot be resold to anyone else, and we have no way to put it back.

If you contact us quickly enough that production has not yet started, we will cancel and refund the order where we can, but we cannot guarantee it: partners often begin production within minutes.

Damaged, defective or incorrect items

The paragraph above is about changing your mind. It is not about us getting it wrong. If an item arrives damaged, is defective in manufacture, or is not what you ordered, contact support@kwomi.com within 14 days of delivery with a photograph of the problem, and we will replace it or refund it. Keep the item and its packaging until we have answered — our production partner may want them back, and where one asks you to return an item for a fault of theirs, the return is at their cost, not yours. Nothing in these Terms limits any right you have under consumer protection law that cannot be waived by agreement.

What you may print

You may only order a product bearing artwork you have the right to reproduce. Do not order a product bearing someone else's copyrighted work, a trademark you do not own, or a photograph of a person who has not agreed to it. We and our production partners may refuse or cancel any order, and refund it, where we believe an item would infringe someone's rights or breach section 9 of these Terms.

Kwomi lets a teacher create a classroom, build a roster of students, upload artwork for them, and share it with each student's family. If you use Kwomi this way, the following applies to you in addition to everything else in these Terms.

• –You must have permission. Before you enter a student's details or a family's contact information, or upload a child's artwork, you must have whatever authorisation your school and the child's parent or guardian require. You represent to us that you have it. We cannot verify it for you.
• –Keep it to what is needed. Enter only the information the feature needs — a first name and last initial rather than a full surname, and a parent email address (and, optionally, a parent phone number) only in order to contact that family about their invite. Do not upload photos of a child's face, and do not use the roster to store notes, records or anything else about a child.
• –Kwomi accounts are individual, not institutional. Teachers sign up with an email address of their choosing, exactly as parents do. Kwomi does not currently offer school or district accounts and does not enter into institutional agreements, so a classroom you create here is yours as an individual rather than your school's. If your school or district requires a signed agreement with a third-party service before student information may be held in it, that requirement is not met today — do not put your class into Kwomi until it is.
• –A family's claim is theirs. When a parent claims their child through an invite, that child and their artwork become accessible to the parent, and your view of records the parent owns becomes read-only. Removing a student from your roster archives them — it does not take the album away from a family that has already claimed it.
• –You answer requests about your classroom. If a parent asks for their child's information to be corrected or removed and that information is in your classroom, you are the one who can act on it. We will help, and we may act ourselves where the law requires us to.

A shared album gives specific people access to specific artwork. The link itself carries no password: a recipient proves who they are by entering their email address and the one-time code we send to it, and confirms that they are 18 or older. Holding the link alone never opens an album. A recipient who opens an album can view and download the artwork in it, including full-resolution originals.

• –You are responsible for who you share a link with, and for what happens after you pass it on.
• –An album for a single child can be opened only by addresses already associated with that album or roster. A classroom-level album can be opened by anyone the link reaches once they complete the email code step — treat it as shareable.
• –Album membership and forwarding are capped (currently five members per album and five forwards per parent). These limits exist to bound an email fan-out and are not a feature you can purchase your way past.
• –You may revoke an album at any time, which ends access for everyone holding the link.
• –Do not use an album, an invite, or the access-code email to send unsolicited mail, and do not enter an address that is not yours or that you were not asked to invite.

If you receive an album link and you are not the person it was meant for, please do not use it — tell the sender, or tell us.

You agree to use Kwomi only for its intended purpose and in compliance with applicable law. You may not:

• –Use the Service for any unlawful, harmful, deceptive or fraudulent purpose
• –Upload content that infringes someone else's intellectual property or privacy rights
• –Upload sexual content involving a minor, or any content that exploits or endangers a child — we report this to the authorities and terminate the account
• –Upload content of a person who has not agreed to it, or use the app to photograph people rather than artwork
• –Enter another person's email address to send them mail they did not ask for
• –Try to reach artwork, a child, a classroom or an album that does not belong to you, or probe the Service for identifiers belonging to other accounts
• –Reverse engineer, decompile or disassemble any part of the app, or extract its credentials for use outside it
• –Interfere with or disrupt the Service, its servers, or connected networks
• –Circumvent any access control, security feature, rate limit or usage limit
• –Use automated means to create accounts, issue invites or upload content at scale
• –Use the Service to distribute malware, spam or other harmful material

We may suspend or terminate access for any account that breaks these rules, and we may remove content that does. Where a photo is rejected by the app as not being artwork, we keep a record of the rejection — not the image — so that repeated misuse of the Service can be identified.

To keep the Service available to everyone, usage is bounded. The current limits are a maximum size per uploaded file, a maximum volume uploaded per account in a rolling 24-hour period, a cap on how many uploads one account may have in flight, and rate limits on the endpoints that send email. These are set well above what ordinary use — including a full classroom backing up in one afternoon — requires. We may adjust them, and we will not reduce them in a way that is designed to frustrate normal use.

We may also require you to update the app. Older versions can be refused by the Service when continuing to serve them would be unsafe; the app will tell you when an update is needed.

The Kwomi name, logo, app design, website content, and all related trademarks, graphics and software are the property of True Top LLC and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use the Kwomi brand or proprietary materials except as needed to use the Service as intended.

Kwomi relies on services operated by others — Apple and Google for sign-in and app distribution, a cloud provider for hosting and storage, and an email provider for the invite and access-code messages we send. Your use of those providers' own services is subject to their terms and privacy policies, and True Top LLC is not responsible for their availability, performance or practices. If you export or share content to another app or platform, that content becomes subject to that service's terms. Our Privacy Policy names these providers and what each one receives.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, True Top LLC disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

To the fullest extent permitted by applicable law, True Top LLC shall not be liable for any indirect, incidental, special, consequential or punitive damages — including loss of data, content, artwork, profits or goodwill — arising out of or related to your use of the Service. Our total cumulative liability for any claims related to the Service shall not exceed the amount you paid to True Top LLC in the twelve (12) months preceding the claim, or fifty dollars (US $50), whichever is greater.

You agree to indemnify and hold harmless True Top LLC, its officers and affiliates from any claims, damages, losses or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, your upload or sharing of content you did not have the right to upload or share, or your infringement of any third-party rights.

You may stop using Kwomi at any time. To delete your account and the data belonging to it, use Settings → Delete Account in the app before uninstalling. The account is archived straight away, and we email the address on the account with the date it will be deleted. We keep it for five years in case you change your mind — signing in again at any point before then restores it — and we email you again a month before it is permanently deleted.

Inactive accounts. If an account has not been used for 90 days, we will archive it and email the address on the account. It is kept for five years, with a final warning email a month before the account and its artwork are permanently deleted. Signing in while an account is archived restores it. In some cases we may be able to help recover artwork from an archived account, but once an account is permanently deleted its artwork cannot be recovered — export anything you want to keep.

We may suspend or terminate your access if you violate these Terms or use the Service in a way that is harmful or disruptive. Where practicable we will give notice first. Upon termination your right to use the Service ends immediately. Provisions that by their nature should survive — including ownership, disclaimers, liability limitations and indemnification — remain in effect.

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and True Top LLC regarding the Service, and supersede any prior agreements or understandings, written or oral, relating to your use of Kwomi.

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page. For material changes we will give additional notice where appropriate, such as a notification in the app or an email to the address on your account. Your continued use of Kwomi after updated Terms take effect constitutes acceptance of them.

We respect the intellectual property of others and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. If you believe content in Kwomi infringes your copyright, send a written notice to our designated agent that includes:

• –Your physical or electronic signature
• –Identification of the copyrighted work you believe is infringed
• –Identification of the material you believe is infringing, with enough information for us to locate it — for example, the shared album link
• –Your name, postal address, telephone number and email address
• –A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law
• –A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf

Designated agent: True Top LLC, Attn: Copyright Agent, San Francisco, California — support@kwomi.com.

If your content was removed and you believe that was a mistake, you may send a counter-notice to the same agent. It must include your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification, your name, address and telephone number, and your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, the Northern District of California). We may restore the material 10 to 14 business days after receiving a valid counter-notice unless the complainant tells us they have filed a court action. We terminate, in appropriate circumstances, the accounts of repeat infringers.

If you downloaded the Kwomi app from Apple's App Store, the following also applies, and prevails over anything inconsistent in these Terms:

• –These Terms are between you and True Top LLC only, not Apple. True Top LLC, not Apple, is solely responsible for the app and its content.
• –Your licence to use the app is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
• –Apple has no obligation to provide any maintenance or support for the app.
• –If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are True Top LLC's responsibility.
• –True Top LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• –If a third party claims that the app or your possession and use of it infringes their intellectual property rights, True Top LLC, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
• –You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• –You must comply with any applicable third-party terms of agreement when using the app.
• –Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app should be directed to True Top LLC, San Francisco, California, at support@kwomi.com.

Questions about these Terms: support@kwomi.com.