Terms of Service

These Terms apply to the TominLab website, TominLab accounts, and website purchases. Please read them before registering or purchasing, particularly the provisions on fees, refunds, service termination, and liability.

1. Parties and scope

1.1These Terms are between you and Hangzhou Tongming Technology Co., Ltd. (“we” or “us”) and apply to the tominlab.com website, TominLab accounts, software downloads, license management, purchases, and after-sales services that we operate.

1.2Where a product such as WonderPen has its own terms and privacy policy, those documents also apply when you use that product. Product-specific terms take precedence only for the product matters they expressly address; these Terms apply to other matters. Mandatory provisions of applicable law remain unaffected.

1.3The product, supported platforms, features, duration, price, and restrictions are those displayed and confirmed when you purchase. We will honor our service commitments and will not retrospectively reduce purchased rights by changing a page or these Terms.

1.4These Terms are available in Chinese and English. In the event of any inconsistency or difference in interpretation, the Chinese version prevails, except where mandatory provisions of applicable law require otherwise.

2. Accounts and use

2.1Please provide accurate and valid registration and contact information and keep it up to date. Keep your credentials secure and contact us promptly if you discover unauthorized use. Responsibility for account incidents is determined under Section 8 and applicable law.

2.2You may browse pages or use features that do not require an account. Services involving identity verification, license delivery, or account-linked benefits may require you to sign in or provide necessary information.

2.3You must not use the services unlawfully, infringe others’ rights, compromise security, bypass licensing or payment restrictions, or disrupt other users through use beyond normal limits. Interfaces, export features, and integrations that we provide or expressly permit may be used under their respective rules.

3. Intellectual property

3.1Intellectual property in the website, software, and original content we provide belongs to us or the relevant rights holders. Third-party content is used under its applicable licenses. Rights in your works and uploaded content remain with you or the relevant rights holders.

3.2Purchasing a product grants the usage license specified in the order; it does not transfer intellectual property in the software. You must not infringe intellectual property in the software, website, or others’ content. This does not restrict uses permitted by law or copying, export, and other features expressly provided by the product.

4. Purchases, fees, and renewals

4.1Before purchasing, check the product, account or delivery email, supported platforms, duration, amount, and payment channel. We deliver licenses or membership benefits according to the order after successful payment. If delivery fails, contact us with your order information.

4.2Website purchases do not renew automatically or trigger automatic charges. You must purchase again to extend a fixed-term service. Auto-renewing subscriptions purchased through Apple follow the purchase screen and Apple’s subscription rules; future renewals can be canceled through Apple’s subscription management tools. Canceling renewal and requesting a refund are separate actions.

4.3Price changes and promotions apply to the relevant new orders and do not change paid order prices or benefits within a purchased term. A later price reduction does not itself entitle you to a price adjustment, but does not affect refund rights under these Terms or applicable law.

4.4If a third-party payment service fails or is delayed, we will assist with verification using transaction records. Payment processing and settlement times depend on the payment channel’s actual processing, and each party acts according to its role in the transaction and applicable law.

5. Refunds and support

Website purchases are eligible for a full refund requested within 7 days of payment, with no refund handling fee charged to you. For other channels, apply through the channel where you purchased.

5.1For products or services purchased through our website, you may request a full refund at support@tominlab.com within 7 days from successful payment. Please provide an order number or other verifiable purchase information. If the order is linked to an email address, we recommend sending your refund request from that address to help us verify the purchase. We do not charge a refund handling fee. The time for funds to reach you depends on the payment channel’s processing.

5.2For purchases through the Apple App Store, Mac App Store, or other app stores, request a refund from the purchase platform under its rules and applicable law. For purchases through Digitalychee or other resellers, distributors, or channels, contact that channel under its refund rules and applicable law. We can assist with order or license verification.

5.3When a refund takes effect, the license or paid benefits granted by the refunded order end. The WonderPen Pro+ entitlement associated with a refund ends immediately rather than continuing to its originally scheduled expiry; for third-party refunds, we process this after receiving a valid refund notification. Other independently valid orders and their benefits are handled under their own terms.

5.4Expiry of the website refund request period does not affect rights available under applicable law where a product or service fails to meet the agreement or we fail to perform our obligations.

6. Personal information

6.1We process personal information under the applicable privacy policy. Acceptance of service terms does not replace consent, separate consent, or other authorization that must be obtained separately under law.

6.2You may request account deletion in the website’s account settings or contact support for assistance. Export data you need before deletion and consider its effect on products, licenses, and memberships. Account deletion does not cancel auto-renewal through Apple or other platforms; manage it separately with the purchase platform.

7. Service changes and termination

7.1We may maintain or adjust services. For planned maintenance or major changes affecting normal use, we will provide reasonable advance notice and take steps to reduce disruption. For paid services not yet delivered, we will continue performance or handle remaining services and refunds as required by law.

7.2We will not arbitrarily reclaim accounts with valid paid benefits merely for business convenience or prolonged inactivity. Product-specific retention, downgrade, and export rules are governed by the relevant product terms and confirmed benefit descriptions.

7.3For use that violates these Terms or law, we may take necessary measures proportionate to its nature and impact, including warnings, feature restrictions, suspension, or termination. Unless advance notice is inappropriate due to an urgent security incident, legal requirement, or competent authority’s instruction, we will explain the reason and provide a contact or appeal channel.

7.4If we decide to cease the relevant business or service, we will announce it in advance as required by law and reasonably notify affected users, explaining the effective date, data export arrangements, valid contact details, and treatment of unfulfilled services.

7.5If a merger, division, or business transfer changes the service provider, we will provide legally required notice and address contractual succession and personal information obligations. Where your consent is required, unilateral notice will not replace it.

8. Service assurances and limitations of liability

Please pay particular attention to the scope of service assurances, force majeure, recoverable losses, and mitigation duties in this section. Contact support if you need an explanation.

8.1We provide services according to the product descriptions, order, and these Terms, using reasonable technical and organizational measures to maintain security and normal operation. Unless expressly agreed otherwise, we do not guarantee uninterrupted or entirely error-free service, compatibility with every device or third-party environment, or particular results or commercial returns that we have not expressly promised. Services remain subject to statutory and expressly agreed quality requirements.

8.2We may temporarily interrupt or restrict relevant features as necessary for maintenance, upgrades, or security response, reasonably managing the scope and duration of the impact. We will give reasonable advance notice of planned maintenance affecting normal use. Where an emergency prevents advance notice, we will explain as soon as circumstances permit. We will take reasonable steps to investigate and restore services following a failure; unless expressly agreed otherwise, we do not guarantee a fixed completion time for repairs. Undelivered paid services are handled under the relevant provisions of these Terms and applicable law.

8.3Where performance is prevented by force majeure that is unforeseeable, unavoidable, and insurmountable, liability may be partly or wholly excused according to its actual impact, to the extent permitted by law. The affected party must promptly notify the other party and provide supporting evidence within a reasonable period. Whether a cyberattack, communications failure, or other event qualifies for force majeure or another statutory reduction or exemption is determined by the facts and applicable law. Force majeure arising after performance is already delayed is handled according to law.

8.4Losses caused by your equipment failure, failure to safeguard credentials, incorrect operations, or unauthorized client modifications are borne by the responsible party if they are not caused by our unlawful conduct or breach. The same principle applies to losses caused by third-party services you independently choose. This provision does not apply to third-party services we use to fulfill our obligations under these Terms.

8.5If we are legally liable for damages for breach of contract, compensation is limited to legally established losses causally connected to that breach and may not exceed losses that were foreseen or should have been foreseen at the time of contracting as a possible consequence of the breach. Claims unrelated to the breach, outside that foreseeable scope, or lacking a factual basis fall outside that compensation. A user's own estimate of a work's value, expected income, or commercial opportunity does not by itself establish the amount payable. Lost profits that are legally recoverable are determined according to law.

8.6If you discover a service incident or potential loss, promptly contact us and take reasonable steps to prevent further loss. We are not liable, as provided by law, for additional losses resulting from a failure to take appropriate mitigating steps. If you are also at fault in causing the loss, our liability is reduced accordingly under law. Whether reasonable backup, credential protection, or synchronization checks were taken is assessed in light of the circumstances and their causal connection to the loss.

8.7These limitations do not apply to personal injury, property damage caused by our intentional misconduct or gross negligence, or other liability that cannot lawfully be excluded or limited. They do not affect statutory remedies such as refunds or repairs. Mandatory legal provisions prevail.

9. Updates to these Terms

9.1We will publish revised Terms and their update date. Major changes concerning fees, purchased rights, data processing, or dispute resolution will be communicated reasonably and prominently before taking effect. We will obtain further agreement where required by law or contract.

9.2If you disagree with a major change, contact us regarding remaining services and data export. You do not have to delete your account immediately to express disagreement. Updates will not retrospectively reduce performance owed under existing orders or your statutory rights.

10. Governing law and contact

10.1These Terms are governed by the laws of mainland China, without affecting other mandatory protections applicable by law. The parties may first seek an amicable resolution. If that fails, either party may bring proceedings before a people’s court with jurisdiction under law.

10.2If a provision is invalid or unenforceable, the remaining provisions remain effective. Headings are for convenience.

10.3For questions about these Terms, purchases, or support, contact support@tominlab.com.