These Terms of Service (the “Agreement”) are an agreement between Tomorrow User Interfaces Ltd. (“Tomorrow UI,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”). This Agreement outlines the general terms and conditions of your use of the products and services provided by Tomorrow UI and of the TomorrowUI.com website (collectively, the “Services”). By using our Services, you agree to abide by this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use or access our Services.
Additional Policies and Agreements
Your use of the Services is governed by the following additional policies, which are incorporated into this Agreement by reference. By using our Services, you also agree to be bound by these policies:
Additional terms may apply to certain Services and are incorporated into this Agreement as applicable. For instance, if you register a domain name with us, the Domain Registration Agreement will apply to you.
Account Eligibility
By registering for or using the Services, you represent and warrant that:
Use of Services
You agree to use the Services in accordance with applicable laws and regulations and agree not to:
Transfers
At Tomorrow UI, our Transfers Team strives to assist you in moving your website to our platform. We provide this transfer service as a courtesy for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a full cPanel backup from your current host, and the compressed account size must not exceed 1 GB. We reserve the right to modify or discontinue our transfer policy at any time.
We make no guarantees about the availability, feasibility, or time required to complete an account transfer. Hosting companies may use different configurations, and some platforms save data in incompatible or proprietary formats, making it difficult, if not impossible, to transfer all account data. In some cases, we may not be able to assist with the transfer.
Tomorrow UI will not be held liable for any lost or missing data or files resulting from a transfer to or from our platform. You are solely responsible for ensuring that your data is backed up at all times.
Tomorrow UI Content
Except for User Content (as defined below), all content provided through the Services, including but not limited to designs, text, graphics, images, videos, information, software, audio, and other files, as well as their selection and arrangement (collectively, “Tomorrow UI Content”), is the proprietary property of Tomorrow UI or its licensors.
You are prohibited from modifying, copying, distributing, framing, reproducing, republishing, downloading, scraping, displaying, posting, transmitting, selling, or exploiting Tomorrow UI Content for any purpose in any form or by any means, except as expressly permitted in this Agreement. Additionally, you may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or trade secrets from any Tomorrow UI Content.
Any unauthorized use of Tomorrow UI Content will automatically terminate your rights to use the Services and the content. All rights not expressly granted in this Agreement are reserved by Tomorrow UI and its licensors.
User Content
You may upload, store, publish, display, and distribute content such as information, text, photos, videos, and other materials on or through our Services (collectively, “User Content”). User Content also includes content posted by you or users of websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any activities or transactions conducted on or through User Websites.
By posting or distributing User Content through the Services, you represent and warrant to Tomorrow UI that:
Tomorrow UI reserves the right to remove any content that violates this policy at our sole discretion. Users who violate this policy may face immediate suspension or termination of Services.
For the sole purpose of providing the Services, you hereby grant Tomorrow UI a non-exclusive, royalty-free, worldwide license to:
Except for the rights expressly granted herein, Tomorrow UI does not claim any ownership or title over your User Content, and all rights remain with you.
Tomorrow UI does not exercise control over and is not responsible for User Content or any content transmitted through our servers or networks. We do not monitor User Content, but you acknowledge and agree that Tomorrow UI may, at its sole discretion, take corrective action if necessary, including removing part or all of the User Content or suspending or terminating Services without refund if you violate the terms of this Agreement. Tomorrow UI assumes no liability for any corrective actions taken.
Third-Party Products and Services
Third-Party Providers
Tomorrow UI may offer products and services provided by third parties. These products and services are subject to the terms and conditions of the respective third-party providers. Any discounts, promotions, or special offers related to third-party products may come with additional restrictions and limitations. It is your responsibility to confirm the terms of any third-party goods or services you purchase.
Tomorrow UI makes no representations or warranties regarding the quality, availability, or timeliness of goods or services provided by third-party providers. You conduct all transactions with third-party providers at your own risk. We do not guarantee the accuracy or completeness of any information related to third-party providers.
Tomorrow UI is not an agent, representative, trustee, or fiduciary of you or the third-party provider in any transaction.
Tomorrow UI as Reseller or Licensor
Tomorrow UI may act as a reseller or licensor of certain third-party services, hardware, software, and equipment used in connection with our Services (“Non-Tomorrow UI Products”). Tomorrow UI is not responsible for any changes to the Services that cause Non-Tomorrow UI Products to become obsolete, require modification or alteration, or otherwise affect their performance. Any malfunction or manufacturer’s defect of Non-Tomorrow UI Products sold, licensed, or provided by Tomorrow UI to you will not be considered a breach of Tomorrow UI’s obligations under this Agreement.
Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Non-Tomorrow UI Product are limited to those extended to you by the manufacturer of the product. You are permitted to use any Non-Tomorrow UI Product supplied by Tomorrow UI only in connection with your use of the Services as permitted by this Agreement.
You agree not to copy, alter, reverse-engineer, tamper with, or use any Non-Tomorrow UI Product for any purpose other than in connection with the Services. You are also prohibited from reselling, transferring, exporting, or re-exporting any Non-Tomorrow UI Product or technical data derived from it, in violation of any applicable laws, rules, or regulations.
Third-Party Websites
Our Services may contain links to third-party websites that are not owned or controlled by Tomorrow UI (“Third-Party Sites”), as well as content such as articles, photographs, text, graphics, designs, sound, videos, and other items originating from third parties (“Third-Party Content”). Tomorrow UI is not responsible for any Third-Party Sites or Third-Party Content accessed through the Services.
Tomorrow UI does not investigate, monitor, or check Third-Party Sites or Content for accuracy, appropriateness, or completeness. If you choose to access Third-Party Sites or use any Third-Party Content, you do so at your own risk, and you understand that these Terms and our policies no longer govern. You should review the terms, policies, and data practices of any third-party website you navigate to.
Prohibited Persons (Countries, Entities, and Individuals)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (OFAC), prohibits U.S. companies from engaging in certain commercial activities with specific sanctioned countries (each a “Sanctioned Country”) and individuals, organizations, or entities identified on the “Specially Designated Nationals” (“SDN”) list maintained by OFAC.
If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering, subscribing to, or using any of our Services. Tomorrow UI also prohibits the use of its Services in connection with any Country-Code Top-Level Domain Name (“ccTLD”) for any Sanctioned Country unless explicit permission has been granted.
Account Security and Tomorrow UI Systems
You are responsible for ensuring that any scripts or programs installed under your account are secure, and that directory permissions are set appropriately, regardless of the installation method. Whenever possible, set directory permissions to 755 or as restrictive as possible. As a user, you are fully responsible for all actions taken under your account, including the compromise of credentials such as your username and password. It is required that you use a secure password. If a weak password is detected, your account may be suspended until you agree to update it with a more secure option. Tomorrow UI may perform audits to prevent the use of weak passwords. If your password is identified as weak during an audit, you will be notified and given time to update it before your account is suspended.
All Services, including equipment, networks, and related devices, are intended for authorized use only. Tomorrow UI may, but is not obligated to, monitor systems for security, ensure authorized use, and verify operational security. During such monitoring, data may be examined, recorded, and used for authorized purposes. By using our Services, you consent to this monitoring.
If your account is found to be connecting to a third-party network or system without proper authorization, it may be suspended. Access to third-party networks or systems requires written consent from the third party. Tomorrow UI reserves the right to request documentation proving your authorization for accessing such third-party networks or systems. If your account is compromised, Tomorrow UI may disable or terminate it. If you do not address security issues after being notified, we reserve the right to keep your account disabled. Tomorrow UI may offer account clean-up services for an additional fee if requested.
Additionally, Tomorrow UI reserves the right to migrate your account from one data center to another to comply with data center policies, local laws, or technical requirements, without prior notice.
HIPAA Disclaimer
Tomorrow UI is not HIPAA compliant.
You are solely responsible for complying with federal or state laws governing the privacy and security of personal data, including medical or other sensitive information. The Services provided by Tomorrow UI may not be suitable for storing or controlling access to sensitive data, including but not limited to, information about children or medical or health-related information.
Tomorrow UI does not control or monitor the information or data stored or transmitted through its Services. We make no representation or warranty that our Services comply with the Health Insurance Portability and Accountability Act (HIPAA). Customers requiring secure storage of protected health information (PHI) as defined under HIPAA are strictly prohibited from using the Services for such purposes. Storing or allowing access to PHI is a material violation of this Agreement and may result in the immediate termination of your account.
Tomorrow UI does not sign Business Associate Agreements (BAAs), and you agree that Tomorrow UI is not a Business Associate or a subcontractor or agent of yours under HIPAA. If you have concerns about the security of your data, please contact us directly at legal@tomorrowui.com .
Compatibility with the Services
You agree to cooperate fully with Tomorrow UI in connection with our provision of the Services. It is your sole responsibility to ensure that you have the necessary equipment and software required to use the Services. Tomorrow UI is not responsible for any delays or failures to perform our obligations if such delays are caused by your failure to fulfill your responsibilities under this Agreement.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software Tomorrow UI uses to provide the Services. We reserve the right to modify or change our hardware and software at any time in our sole discretion.
Additionally, you are solely responsible for backing up all User Content, including User Websites. Tomorrow UI does not guarantee the backup of User Content, and you assume the risk of loss for any User Content.
Billing and Payment Information
Multiple Accounts
Users are not allowed to create or use multiple accounts to exploit “new customer” discounts. If you violate this policy, both accounts will be suspended until all outstanding invoices are paid. Abuse of our discount system may result in account termination without a refund.
Prepayment
You are responsible for ensuring your payment information is up-to-date and all invoices are paid on time. You agree to pay for the Services in advance of the time period during which they are provided. Payments received will be applied to the oldest outstanding invoice on your account, subject to applicable laws, rules, and regulations.
Autorenewal
Unless you notify Tomorrow UI of your intent to cancel Services, your payment method on file (e.g., credit card) will be charged on a recurring basis to prevent any disruption to your Services. This autorenewal applies unless otherwise provided.
Taxes
Fees listed for our Services do not include any sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added as a separate charge on your invoice and are your responsibility to pay. All fees are non-refundable unless otherwise stated.
Late Payment
All invoices must be paid within four (4) days of the due date. If an invoice is outstanding for more than four (4) days, Tomorrow UI may suspend or terminate your Services. Your account will not be reinstated until payment is received. If you fail to pay as specified, Tomorrow UI may suspend or terminate your account and may pursue collection, including any arbitration or legal fees incurred. Tomorrow UI will not activate new orders or packages for customers with outstanding balances.
Domain Payments
You are solely responsible for notifying Tomorrow UI’s Billing Department through a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy, and Tomorrow UI is not responsible for any failure to renew a domain or failure to notify you about domain renewal. Domain renewals are billed thirty (30) days before the renewal date.
Fraud
Fraudulent use or misuse of payment methods, including credit cards, electronic funds transfers, or electronic checks, is a violation of this Agreement. Tomorrow UI reserves the right to report any fraudulent activity to law enforcement, financial institutions, credit card companies, and credit reporting services, as deemed necessary.
Invoice Disputes
You have ninety (90) days to dispute any charge or payment processed by Tomorrow UI. If you have questions about any charge on your account, please contact our billing department for assistance.
Money-back Guarantee
Tomorrow UI offers a thirty (30) day money-back guarantee for hosting services. If you are not completely satisfied with our hosting services and terminate your account within thirty (30) days of signing up, you will receive a refund for the amount paid for hosting, minus any setup fees. This guarantee only applies to hosting services fees and does not include administrative fees, install fees for custom software, setup fees, or fees for additional services.
Cancellations and Refunds
Payment Method
No refunds will be provided if you use any of the following payment methods: bank wire transfers, Western Union payments, checks, or money orders. If you use one of these methods, any applicable credit will be posted to your hosting account instead of issuing a refund.
Money-back Guarantee
Tomorrow UI offers a thirty (30) day money-back guarantee for web hosting services only. If you are not completely satisfied with our hosting services and terminate your account within thirty (30) days of signing up for the Services, you will receive a refund of the amount paid for hosting, minus any setup fees. This guarantee only applies to fees paid for hosting services and does not cover administrative fees, install fees for custom software, or any additional services.
Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you’ve previously had an account with us, canceled, and then signed up again, or if you open a second account, you will not be eligible for a refund. Violations of this Agreement will also void your eligibility for refunds.
Non-refundable Products and Services
Refunds are not available for the following:
Refunds for domain names will only be considered if the domain was purchased in conjunction with a hosting package, and at the sole discretion of Tomorrow UI. Any refunds issued for domain names will be reduced by the market value of the generic top-level domain (gTLD). Country-code top-level domains (ccTLDs) are non-refundable.
Cancellation Process
To terminate or cancel the Services, you must submit written notice via the Tomorrow UI cancellation form. Upon cancellation:
Once we receive your cancellation form and confirm the necessary details with you via email, we will provide a written confirmation (typically via email) that your account has been canceled. Your confirmation will contain a tracking number for reference and verification purposes. If you do not receive this automatic confirmation email or hear back from us within a few minutes of submitting your cancellation form, please contact us immediately.
The online cancellation process ensures:
Cancellations for shared accounts will take effect on the account’s renewal date.
Domains
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Tomorrow UI’s Billing Department via a support ticket if you wish to cancel any domain registration at least thirty (30) days before the renewal date. No refunds will be issued once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies
Exchange rate fluctuations for international payments are inevitable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. Refunds are subject to exchange rate fluctuations, and Tomorrow UI is not responsible for any changes in exchange rates between the time of payment and the time of refund.
Termination
Tomorrow UI may terminate your access to the Services, in whole or in part, without notice if:
In the event of termination for any of the reasons above, Tomorrow UI will not refund any fees paid in advance, and you will be required to pay all accrued fees and charges up to the date of termination. Additionally, Tomorrow UI may charge you for any remaining fees due for Services for the rest of the current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth, and Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by Tomorrow UI is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active emails, and the content of User Websites. Shared hosting space may not be used for storage purposes (whether media, emails, or other data), including offsite storage of electronic files, email, or FTP hosts.
Tomorrow UI expressly reserves the right to review all shared hosting accounts for excessive CPU, disk space, or other resource usage that may violate this Agreement or the Acceptable Use Policy. If your account is found in violation, Tomorrow UI may, at our sole discretion:
VPS Managed Services
Please note that manually installing modules and bypassing WHM/cPanel could void the management services we provide for your Virtual Private Server (VPS).
Bandwidth Usage
Shared hosting servers do not have bandwidth limits. However, usage must comply with our policies to ensure fair usage for all users.
Uptime Guarantee
If your shared hosting server experiences physical downtime below the 99.9% uptime guarantee, you may be eligible to receive credits on your account. This uptime guarantee excludes planned maintenance. Credit approval is at Tomorrow UI’s sole discretion and may depend on the justification you provide. Reports from third-party monitoring services will not be considered sufficient justification due to factors such as network capacity and transit availability.
The uptime of a server is defined by the uptime reported by the operating system and the Apache Web Server, which may differ from the uptime reported by individual services. To request a credit, please submit a support ticket to our Billing department through the Tomorrow UI Client Area with appropriate justification. The uptime guarantee applies only to shared and reseller hosting solutions.
Price Change
Tomorrow UI reserves the right to change prices, monthly payment amounts, or other charges at any time. We will provide at least thirty (30) days’ notice before applying any price changes to your account. It is your responsibility to periodically review billing information provided by Tomorrow UI through our user billing tool or other communication methods, including notices sent via email or posted on our website.
Coupons
Discounts and coupon codes offered by Tomorrow UI are reserved for first-time accounts or first-time customers only. Unless otherwise specified, coupons cannot be applied toward the purchase of domain registrations. If you have previously registered using a specific domain, you may not sign up again for that domain using a different coupon at a later date.
Accounts found in violation of these policies will be reviewed by our Sales department, and any applicable charges will be added to your account. Abuse of coupons or discounts will not be tolerated and may result in the suspension or termination of your account.
Please note that all coupons and discounts are only valid for the initial purchase and do not apply to renewals or recurring charges.
Limitation of Liability
IN NO EVENT will Tomorrow User Interfaces Ltd., its directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits or lost data, arising from your use of the Services or any User Content, User Websites, or other materials accessed or downloaded through the Services, even if Tomorrow User Interfaces Ltd. has been advised of the possibility of such damages.
Notwithstanding any provision to the contrary, Tomorrow User Interfaces Ltd. liability to you or any party claiming through you for any cause whatsoever, regardless of the form of action, is limited to the amount you paid to Tomorrow User Interfaces Ltd. for the Services during the three (3) months preceding the initial action giving rise to the liability. This is an aggregate limit, meaning that the existence of more than one claim will not increase this liability limit.
Indemnification
You agree to indemnify, defend, and hold harmless Tomorrow UI, our affiliates, and their respective officers, directors, employees, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to:
The terms of this section shall survive any termination of this Agreement.
Independent Contractor
Tomorrow UI and the User are independent contractors. Nothing in this Agreement creates a principal-agent, partnership, or joint venture relationship. Neither party has the authority to enter into any agreement or obligate the other party in any way, unless explicitly authorized.
Governing Law; Jurisdiction
Any disputes related to your access or use of our Services or this Agreement must be submitted to confidential arbitration. Arbitration will be conducted under the applicable Consumer Rules of the American Arbitration Association. The arbitration will be held in English by a single arbitrator, and the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
Each party will bear their own costs for arbitration. No arbitration will be joined with another party’s dispute, whether through class action proceedings or otherwise. Where applicable, both parties may make appearances telephonically or electronically.
Claims must be filed within one (1) year after they arise, or they will be permanently barred. Despite this arbitration agreement, either party may seek equitable relief (such as an injunction) from a court of appropriate jurisdiction, and intellectual property disputes may also be heard in a court rather than through arbitration. If arbitration is found to be unenforceable, disputes will be heard in a court of competent jurisdiction located within the United Kingdom.
Opt-Out
You may opt out of this arbitration provision by notifying Tomorrow UI within 30 days of entering into this Agreement or purchasing a subscription.
Class Action Waiver
Both you and Tomorrow UI agree that any dispute resolution, whether through court or arbitration, will be conducted on an individual basis only. You waive any right to participate in a class action, collective action, or other representative proceeding. Additionally, both parties waive their rights to a jury trial.
Disclaimer
Tomorrow UI shall not be responsible for any damages your business may suffer. Tomorrow UI makes no warranties of any kind, expressed or implied, for the Services. We disclaim any warranty of merchantability or fitness for a particular purpose, including but not limited to, loss of data resulting from delays, delivery failures, incorrect deliveries, or any and all service interruptions caused by Tomorrow UI or its employees.
Backups and Data Loss
Your use of the Services is at your own risk. Tomorrow UI’s backup service runs once per night, overwriting any previous backups. Only one night of backups is kept at a time. This backup service is provided as a courtesy only for shared and reseller accounts and may be modified or terminated at any time at Tomorrow UI’s discretion. VPS accounts are not included in this backup service. Accounts exceeding 20GB or 100,000 inodes will not be included in nightly backups. Tomorrow UI is not responsible for the files and/or data stored on your account. You are solely responsible for maintaining appropriate backups of all files and data transferred to and stored on Tomorrow UI’s servers.
Limited Warranty
The Services provided under this Agreement are offered on an “as is” and “as available” basis. Except as expressly stated in this section, Tomorrow UI and its affiliates, employees, agents, suppliers, and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Tomorrow UI makes no warranties or representations that:
Tomorrow UI and its affiliates are not liable for the content of any data transferred either to or from users or stored by users on or through the Services. These terms shall survive any termination of this Agreement.
Disclosure to Law Enforcement
Tomorrow UI may disclose any and all User information collected to law enforcement agencies for the purposes of an investigation or request, without further consent or notification to the User, if requested lawfully. We fully cooperate with law enforcement agencies as required. Additionally, your information may be disclosed in accordance with our Privacy Policy.
Entire Agreement
This Agreement, along with any documents incorporated by reference, supersedes all prior discussions, negotiations, and agreements between the parties regarding the subject matter contained herein. It constitutes the sole and entire agreement between the parties with respect to the matters covered.
Headings
The headings in this Agreement are provided for convenience only and do not form part of the Agreement itself.
Changes to the Agreement or the Services
Tomorrow UI reserves the right to modify, add, or delete portions of this Agreement at any time. If significant changes are made, Tomorrow UI will post a notice on the website for at least thirty (30) days after the changes are posted, with the date of the last revision indicated at the bottom of this Agreement. Any revisions to this Agreement will become effective when posted unless stated otherwise. By continuing to use the Services after the effective date of any modification, you agree to the revised terms.
Tomorrow UI also reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions shall remain in full force and effect, unless otherwise specified.
Waiver
No failure or delay by either you or Tomorrow UI in exercising any right or remedy under this Agreement will operate as a waiver of that right or remedy. Similarly, no single or partial exercise of any right or remedy will preclude further exercises of the same or other rights or remedies. An express waiver of, or assent to, any breach or default under this Agreement does not constitute a waiver of, or assent to, any subsequent breach or default.
Assignment; Successors
You may not assign or transfer this Agreement, or any of your rights or obligations under it, without the prior written consent of Tomorrow UI. Any attempt to do so without consent will be null and void.
Tomorrow UI may assign its rights and obligations under this Agreement and may engage subcontractors or agents to fulfill its duties without requiring your consent. This Agreement will bind and benefit the parties and their respective successors and permitted assigns.
Force Majeure
Neither party will be liable for any default or delay in the performance of their obligations under this Agreement (excluding the obligation to make payments) if the default or delay is caused by circumstances beyond that party’s reasonable control. Such circumstances may include, but are not limited to:
Electronic Notices
Communications between you and Tomorrow UI will be conducted through electronic means, whether you visit the platform, send emails to Tomorrow UI, or receive notices from Tomorrow UI via email, mobile notifications, or posts on the platform. By using the Services, you:
This does not affect your statutory rights.
Third-Party Beneficiaries
Except where explicitly stated in this Agreement, nothing in this Agreement is intended to, nor shall it be construed to, confer any rights on any person or entity other than the parties involved and their respective successors and permitted assigns.
However, if a third-party product or service supplier is designated as a third-party beneficiary in the service description, such third-party is an intended beneficiary of this Agreement. They have the right to directly enforce the terms and conditions related to their products or services against you as if they were a party to this Agreement.