Terms and Conditions

License Types

TOMMY is available in both Trial Mode and Pro Edition. Both are for non-commercial use only unless you have a separate commercial license or other written agreement with us that expressly permits commercial use.

Trial Mode (non-commercial). For qualifying non-commercial use, we grant you a limited, non-exclusive, non-transferable right to run TOMMY in Trial Mode on one (1) machine or in one (1) deployment at any time. Trial Mode is feature-complete for evaluation but automatically pauses detection for a short window on a recurring basis. This does not extend to multiple concurrent installations or environments under the same gratis entitlement. If you wish to run TOMMY on additional machines or in additional deployments, you must obtain a separate Pro license (or another license we authorize in writing), unless we expressly agree otherwise.

Pro Edition (non-commercial). Pro Edition features require the purchase of a valid Pro license. A standard Pro license is non-commercial: it authorizes the same kind of personal or home use as Trial Mode, without the periodic detection pauses and with the additional Pro features described when you purchase. Each Pro license is valid for a single machine only (one licensed installation at a time). Running Pro Edition on additional machines requires a separate license for each machine.

Commercial Use

Commercial use (including use by organizations, for business purposes, revenue-generating activities, or in any context outside personal or home non-commercial use) is not covered by the gratis Trial Mode entitlement or by a standard Pro license. Organizations and others requiring commercial use must obtain a commercial license (or other agreement) from us, regardless of whether they would otherwise use Trial Mode or Pro Edition features.

License Activation and Transfer

Licenses are activated online and remain flexible: you can transfer your license to another machine by deactivating on the current device and reactivating on the new one. License transfer is permitted for the same licensee only and does not constitute a transfer of ownership or rights to another person.

Software Updates

We will do our best to provide software updates and improvements, but we do not guarantee any future versions, bug fixes, or feature additions. Updates are provided at our sole discretion.

Internet Connectivity

TOMMY requires an active internet connection to communicate with the license server for activation and periodic license verification. No sensing data ever leaves your local network. For details on when and how TOMMY communicates externally, see Network Communication. We are not liable for any interruption of service caused by loss of internet access or by temporary unavailability of the license server.

Online Coordination Service

TOMMY optionally provides an online coordination service that helps devices discover your TOMMY server on your local network. This service is provided as a convenience feature only and carries no uptime guarantee or service-level commitment. We may suspend, modify, or permanently discontinue the coordination service at any time without notice or liability.

If the coordination service becomes unavailable, your TOMMY installation will continue to function normally. You can switch to Automatic (mDNS) or Manual device discovery at any time without affecting your license or local detection capabilities.

System Compatibility

TOMMY operates across diverse hardware and software environments. Given the wide range of system configurations, we cannot guarantee compatibility with every setup. We strongly advise testing Trial Mode to verify compatibility with your specific environment before purchasing a license.

Support Services

Our team provides community support through our Discord channel on a best-effort basis. Support is voluntary and community-driven. Purchasing a Pro license does not entitle you to personalized technical support.

Bug fixes and issue resolutions are prioritized but not guaranteed. Pro licenses do not include dedicated support time, and no service-level agreement (SLA) exists for personal licenses.

For assistance, we recommend checking our Discord community channel, where other users may have encountered similar issues.

Payment Processing

All purchases are processed through Paddle Inc., which acts as our Merchant of Record and authorized reseller. As Merchant of Record, Paddle is the seller of record on all transactions and assumes responsibility for billing, invoicing, VAT and tax collection, payment processing, and refund administration in accordance with our refund policy. Prices are listed and charged in EUR. For payment-related inquiries, please contact Paddle's buyer support directly.

Tax Obligations

Tax rates (Sales Tax or VAT) are determined by your purchase location. Our payment processor automatically suggests applicable taxes based on your IP address, though you may adjust these during checkout. You are responsible for ensuring your location and tax information are accurate according to applicable regulations. Any discrepancies resulting from currency conversion, exchange rates, or tax adjustments are your responsibility.

Restrictions

You may not, and may not permit others to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of TOMMY;
• Modify, adapt, translate, or create derivative works based on TOMMY;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on TOMMY;
• Sublicense, sell, resell, or otherwise distribute TOMMY or any rights to it;
• Use TOMMY to develop a competing product or service;
• Circumvent or attempt to circumvent any license enforcement or technical protection mechanisms;
• Use TOMMY in any manner that violates applicable law or these terms.

Intellectual Property

TOMMY, including all software, code, algorithms, documentation, branding, and related materials, is and remains the exclusive property of TOMMY and its licensors. These terms grant you a limited license to use TOMMY as described herein; no ownership is transferred. All rights not expressly granted are reserved.

TOMMY may include third-party open source components, each of which is subject to its own license terms. These terms do not alter or override any open source license that applies to those components.

Perpetual License

A purchased Pro license is perpetual: once validly issued, it authorizes you to download and use the version of TOMMY available at the time of purchase, for as long as you comply with these terms. Perpetual licenses are subject to the single-machine limitation described under License Types.

You are not entitled to any future versions of TOMMY under a perpetual license. While we may offer updates, receiving them is not guaranteed and does not form part of your license entitlement.

We do not guarantee the continued availability of any specific version for download. We will make reasonable efforts to keep a download available, but we cannot promise that the exact version you purchased will remain accessible indefinitely. It is your responsibility to retain a copy of the installer or build you downloaded. We are not liable for any loss arising from your failure to do so.

Governing terms for your licensed version. The terms, privacy policy, and refund policy in effect at the time of your purchase govern your use of the version you purchased. If you choose to install a newer version of TOMMY, the terms published on our website at the time of that installation will apply to your use of the updated version. Installing or activating an update constitutes your acceptance of those terms.

Termination

We may terminate or suspend your license immediately and without notice if you breach any provision of these terms. Upon termination, you must immediately cease all use of TOMMY and delete all copies in your possession. Termination does not entitle you to a refund. Sections that by their nature should survive termination (including Restrictions, Intellectual Property, Limitation of Liability, and Governing Law) will continue to apply.

Disclaimer of Warranties

TOMMY is provided "as is" and "as available" without warranty of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that TOMMY will be error-free, uninterrupted, or free of harmful components. Your use of TOMMY is at your sole risk.

Limitation of Liability

To the fullest extent permitted by law, TOMMY shall not be liable for any damages arising from the use or inability to use the software. This limitation includes, but is not limited to, direct, indirect, incidental, special, consequential, or punitive damages; loss of data, profits, revenue, or business opportunities; or device malfunction or damage. You assume all risk associated with the use of TOMMY.

In any event, our total aggregate liability to you for any claim arising out of or relating to these terms or your use of TOMMY shall not exceed the amount you paid for your license in the twelve (12) months preceding the claim, or EUR 50, whichever is greater.

Refund Policy

All purchases are final. We strongly recommend evaluating TOMMY using Trial Mode before purchasing. Refunds are not available for purchases made after evaluation. Limited exceptions may apply for verified technical issues that prevent license delivery or activation, and which cannot be resolved through support. For full details, see our Refund Policy.

Geographic Restrictions

TOMMY is not available in the United States. By using or purchasing TOMMY, you confirm that you are not located in, and are not accessing TOMMY from, the United States. You are responsible for ensuring that your use of TOMMY complies with all laws applicable in your jurisdiction.

Changes to These Terms

We reserve the right to update or modify these terms at any time. Updated terms will be published on our website and will apply to any new version of TOMMY installed after that date. If you continue using your currently installed version without updating, the terms in effect at the time of your purchase (or your last update, as applicable) continue to govern that use. Installing or activating any new version of TOMMY after a terms update constitutes your acceptance of the revised terms. If you do not agree to updated terms, do not install the new version.

Assignment

You may not assign or transfer your license or any rights or obligations under these terms without our prior written consent. Any purported assignment in violation of this section is void. We may assign or transfer our rights and obligations under these terms without restriction.

No Waiver

Failure by us to enforce any provision of these terms does not constitute a waiver of our right to enforce that provision or any other provision in the future. No waiver is effective unless made in writing.

Severability

If any provision of these terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

Entire Agreement

These terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and TOMMY regarding your use of the software and supersede all prior agreements, representations, or understandings relating to the same subject matter.

Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Denmark. Nothing in these terms limits any mandatory consumer protection rights you may have under the laws of your country of residence.

Contact

For legal notices or questions about these terms, contact us at info@tommysense.com. For technical support, visit our Discord community.