Terms of Service
Last updated: July 21, 2026 Effective: July 21, 2026
§ 1Agreement to These Terms
These Terms of Service (“Terms”) form a binding agreement between you and TMS Enterprises LLC, a Delaware limited liability company (“TMS,” “we,” “us,” or “our”), which operates the Someday service at somedaycomes.app and any related applications, features, and content (collectively, the “Service”). “Someday” is a brand and product name of TMS Enterprises LLC.
By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms contain a binding arbitration provision and a class action waiver in Section 25. They affect how disputes between you and TMS are resolved. Please read Section 25 carefully.
§ 2Eligibility
You must be at least 18 years old and legally capable of forming a binding contract to use the Service. The Service is intended for users in the United States. We make no representation that the Service is appropriate or available in any other jurisdiction, and you use it from elsewhere at your own risk and subject to your own local law.
By using the Service, you represent and warrant that you meet these requirements and that your use does not violate any law applicable to you.
§ 3What the Service Is
Someday is an entertainment and self-reflection product. It allows you to explore a hypothetical scenario: how you might allocate a lottery jackpot if you won one. It performs arithmetic on figures you supply and on publicly reported jackpot amounts, and presents the results.
The Service currently includes these and related features, and we may add, modify, or remove features over time.
§ 4What the Service Is Not
4.1 Not gambling, and not a lottery. The Service does not offer, sell, broker, facilitate, or process any lottery ticket, wager, bet, sweepstakes entry, contest entry, or game of chance. No purchase or payment made through the Service creates any chance of winning anything. Someday Plus is a subscription to software features and nothing else. You cannot win money through the Service.
4.2 Not affiliated with any lottery. TMS is not affiliated with, endorsed by, sponsored by, or connected to the Multi-State Lottery Association, Powerball, Mega Millions, any state lottery, or any lottery operator, retailer, or regulator. All lottery names, marks, and jackpot figures are the property of their respective owners and are referenced solely for descriptive purposes.
4.3 Not financial, investment, tax, legal, estate-planning, or accounting advice. Nothing the Service produces is advice of any kind. TMS is not a registered investment adviser, broker-dealer, certified public accountant, tax preparer, attorney, insurance producer, or fiduciary of any kind, and no fiduciary or advisory relationship is created by your use of the Service. Do not rely on the Service in making any financial, tax, legal, or personal decision. Consult a qualified professional licensed in your jurisdiction.
4.4 Not a projection, prediction, forecast, or guarantee. Any figure the Service displays — including after-tax amounts, annual income, growth over time, lifetime totals, and comparisons across time — is an illustrative calculation based on stated or unstated assumptions, hypothetical inputs, and data from third parties. It is not a prediction of any actual outcome and does not represent what would actually occur under any real set of facts.
4.5 No fiduciary or special relationship. No fiduciary, advisory, trustee, professional, or special relationship of trust or confidence is created between you and TMS by your use of the Service.
4.6 Artificial intelligence features. To the extent the Service now or in the future offers any AI-generated or AI-assisted feature, any such output is illustrative only, may be inaccurate or incomplete, is not advice of any kind, and should be independently verified before you rely on it. AI outputs are subject to all disclaimers in these Terms.
§ 5Accuracy; Assumptions; No Warranty as to Calculations
5.1 Third-party data. Jackpot amounts, cash values, draw dates, and related figures are obtained from third-party sources. TMS does not control, verify independently, or guarantee that data. It may be delayed, stale, incomplete, transposed, corrected, withdrawn, or simply wrong.
5.2 Tax calculations. Any tax figure the Service displays is a simplified estimate produced by generalized assumptions. It does not account for your filing status, deductions, credits, other income, residency changes, local taxes, withholding, estimated-payment obligations, entity structures, timing elections, changes in law, or any other fact specific to you. Actual tax liability will differ, potentially by very large amounts.
5.3 Projections and assumptions. Any figure spanning more than one year rests on assumptions — including rates of return, inflation, tax treatment, lifespan, and continuity of law — that are hypothetical and will not hold. Assumptions may change without notice.
5.4 No warranty. TMS makes no representation or warranty of any kind regarding the accuracy, completeness, timeliness, reliability, or suitability of any data, calculation, output, or content the Service produces or displays.
5.5 Your tax reporting remains yours. Regardless of any figure the Service displays, you remain solely responsible for your own tax reporting, compliance, filings, and payment obligations, and for consulting a qualified professional.
§ 6Your Account and Security
Certain features require an account. Access is established by email link; we do not use passwords. You are responsible for maintaining control of the email address associated with your account and for all activity occurring under your account. Notify us promptly at help@somedaycomes.app if you believe your account has been accessed without authorization.
6.1 Your security responsibility. You are responsible for safeguarding access to your account and to the email address associated with it. Any compromise of that email address is your responsibility. You may not share, sell, or transfer access to your account. To the maximum extent permitted by law and subject to Section 22, TMS is not responsible for unauthorized access resulting from your failure to safeguard your account or associated email address.
6.2 Our right to suspend. We may suspend, restrict, or terminate access where reasonably necessary to protect the Service, enforce these Terms, address fraud or abuse, comply with law, or discontinue the Service. We may also terminate for other legitimate business reasons, subject to applicable law and Section 9.5.
§ 7Someday Plus — Subscription Features
“Someday Plus” is an optional paid subscription providing additional features, which may include saving designs, viewing them re-priced over time, history and record features, notification features, and additional detail.
Features may change. We may add, modify, suspend, or discontinue any feature of the Service or of Someday Plus at any time, with or without notice. Continued availability of any particular feature is not guaranteed and is not a material term of this agreement.
7.1 Beta and experimental features. We may offer beta, experimental, preview, or early-access features. Any such feature is provided “AS IS” and “AS AVAILABLE,” may contain errors, may be changed or discontinued at any time without notice, and is excluded from any service commitment or warranty. Your use of a beta feature is at your own risk.
§ 8Billing, Automatic Renewal, and Cancellation
8.1 Payment processing. All payments are processed by Stripe, Inc. TMS does not receive, store, or process your full payment card number. Your use of Stripe is subject to Stripe’s own terms and privacy policy. You authorize us and Stripe to charge your selected payment method for all amounts due, including renewal charges.
8.2 Terms offered. Someday Plus is sold on the terms and at the prices disclosed at the point of purchase. Introductory or promotional pricing applies only to the initial period stated at purchase.
§ 8AFree Trial
8A.1 Availability. From time to time we may offer a free trial of Someday Plus, available on the quarterly (3-month) subscription term. The free trial is not offered on the annual term.
8A.2 A card is required and validated at signup. To begin a free trial you must provide a valid payment method, which we (through Stripe) will verify at signup. If the payment method cannot be validated, the free trial will not begin.
8A.3 The trial converts automatically to a paid subscription. UNLESS YOU CANCEL BEFORE THE END OF THE 7-DAY FREE TRIAL, YOUR FREE TRIAL WILL AUTOMATICALLY CONVERT TO A PAID QUARTERLY SOMEDAY PLUS SUBSCRIPTION, AND YOUR PAYMENT METHOD WILL BE CHARGED $14.99 (PLUS ANY APPLICABLE TAX) AT THE END OF THE TRIAL. The subscription then renews automatically every three (3) months at the then-current price under Section 8.3 until you cancel. The trial length, the first-charge amount, and the charge date are disclosed to you before you start the trial, and you affirmatively consent to them then.
8A.4 Trial expiration time. The checkout disclosure states the exact date and time (with time zone) by which you must cancel to avoid being charged, and controls the precise trial expiration.
8A.5 Cancelling during the trial; effectiveness. You may cancel at any time during the free trial and you will not be charged; cancellation during the trial ends access at the end of the trial period. A cancellation request is effective when submitted through the subscription-management interface, or when received at the designated email address, subject to reasonable verification of the account.
8A.6 One trial. Unless we state otherwise, the free trial is available once per person or payment method. We may decline, modify, or discontinue the free-trial offer at any time.
8.3 YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. At the end of each subscription period, your subscription automatically renews for a successive period of the same length, and your payment method is charged the then-current renewal price, unless you cancel before the renewal date.
If your purchase included introductory or promotional pricing, the renewal price will be higher than the price you paid initially. The renewal price, frequency, and first-renewal date are disclosed before you complete your purchase, and you affirmatively consent to them then.
8.4 Confirmation. After you subscribe, and again when a free trial converts to a paid subscription and the first charge is made, we will send confirmation that includes the amount charged, the automatic-renewal terms, and cancellation instructions. Where you begin with a free trial, we confirm the start of the trial and separately confirm the first paid charge when it occurs.
8.5 Notices we provide. We will provide renewal, trial-ending, price-change, and other notices when and as required by applicable law. In addition, where your subscription term is one year or longer, or where an introductory price is converting to a higher renewal price, we will send a reminder before the renewal charge, stating the amount and date.
8.6 How to cancel — and it is easy. You may cancel at any time through a simple online method that is at least as easy to use as the method you used to subscribe, as required by applicable law. You may also cancel by emailing help@somedaycomes.app. An emailed cancellation is effective when received at the designated email address, subject to reasonable verification of the account, even if administrative processing occurs later. If we reasonably request information necessary to identify or verify the account and you do not provide it, the cancellation becomes effective when sufficient information is received. Access continues until the end of the applicable paid period. We will not require you to call, to speak with anyone, to explain your reasons, or to navigate any retention process in order to cancel.
8.7 Effect of cancellation. Cancellation stops future renewal charges and takes effect at the end of your current paid period. Cancelling does not refund amounts already paid (see Section 9).
8.8 Price changes. We may change subscription prices. We will give notice of any increase before it takes effect and a reasonable opportunity to cancel. Continued subscription after the effective date constitutes acceptance; otherwise cancel before the increase.
8.9 Failed payments. If a renewal charge fails, we may retry, suspend access, or terminate the subscription. You remain responsible for amounts incurred before suspension or termination.
8.10 Taxes. Prices exclude applicable taxes unless stated. You are responsible for any sales, use, VAT, or similar taxes arising from your purchase.
8.11 Chargebacks. If you initiate a chargeback, payment reversal, or card-network dispute, we may immediately suspend or terminate your account until the matter is resolved, and may decline future service. Contact us first under Section 9.6.
8.12 Fraud and abuse. We may refuse, cancel, or reverse any subscription, trial, or promotional benefit obtained through a stolen or unauthorized payment method, duplicate accounts, false account or billing information, repeated-trial abuse, promotional or coupon abuse, or any other fraudulent or abusive means, and may terminate the associated account.
§ 9Refunds — No Right to a Refund
9.1 Payments are generally non-refundable. Except where applicable law requires otherwise, subscription charges already incurred are non-refundable, including for partial or unused periods, periods during which you did not access the Service, features that changed or were discontinued, dissatisfaction, expiration, cancellation, or termination. Nothing in this Section prevents TMS from correcting a duplicate or erroneous charge, addressing a charge established to be unauthorized after reasonable investigation, or providing any refund required by applicable law.
9.2 Discretionary refunds. Except where required by law or described in Section 9.1, any refund is discretionary. We may provide a full, partial, or prorated refund in an individual case. Doing so does not create an obligation to provide a refund in any other case and is not an admission of liability.
9.3 No refund on termination for cause. Except for corrections or refunds described in Section 9.1, if we terminate your account for violation of these Terms, no discretionary refund will be issued.
9.4 Billing concerns. We encourage you to contact us at help@somedaycomes.app first so we can investigate and try to resolve any billing concern. Nothing in these Terms limits any non-waivable right you have to dispute a charge with your payment provider. Where a charge is reversed, we may suspend or terminate access until the matter is resolved.
9.5 Termination for convenience. If we permanently terminate your paid subscription for convenience — rather than for breach, fraud, legal compliance, security, or misconduct — we will either continue your access through the period you have paid for or provide a prorated refund for the unused portion.
§ 10Your Content and the License You Grant Us
10.1 Your content. “Your Content” means anything you enter into the Service, including allocations, amounts, labels, names or descriptions you type, and any other input.
10.2 You control what you type. You are not required to use real names in design labels, or to make your hypothetical design reflect your actual plans. Information you provide for account administration, billing, eligibility, security, legal notices, or privacy requests must be accurate and not misleading. Do not enter information you would not want stored or displayed. You are solely responsible for what you enter, including whether you have any right to enter information relating to another person. You represent and warrant that you have all rights and permissions necessary to submit Your Content and grant the licenses in these Terms, and that Your Content and our permitted use of it will not violate law or any third-party right.
10.3 Ownership of Your Content. As between you and TMS, you retain any ownership rights you may have in Your Content, subject to the license granted in these Terms.
10.4 License to us. You grant TMS a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify, adapt, aggregate, derive statistics from, publish in aggregate or de-identified form, create derivative works from, and otherwise use Your Content to operate, improve, analyze, secure, and promote the Service, for fraud prevention, quality assurance, and testing, and for the research purposes in Section 11. We may use aggregate or de-identified information to develop and improve analytics and automated product features, consistent with Section 11; we do not use your identifiable Content for that purpose. We may promote the Service using Your Content only in aggregate or de-identified form, or with your separate permission.
10.5 Duration and survival of the license. The license as to identifiable Your Content continues for as long as reasonably necessary to operate the Service, complete requested transactions, maintain backups, comply with law, prevent fraud, enforce these Terms, and establish or defend legal claims. The license as to aggregated or de-identified information is perpetual and irrevocable, to the extent that information is no longer reasonably linkable to you and is not subject to an applicable Index opt-out. Our use of Index source records remains subject to the Index opt-out described in Section 11.3: opting out does not require deletion of the underlying records, does not revoke licenses for other permitted purposes, and does not alter statistics already published.
10.6 No professional or fiduciary confidentiality. Your Content is not protected by any attorney-client, accountant-client, fiduciary, or other professional privilege merely because you submit it to the Service. We will handle personal information as described in our Privacy Policy, but we undertake no additional duty of confidentiality except as expressly stated in these Terms or the Privacy Policy.
10.7 Sharing license. If you choose to publish or share Your Content — for example, by generating a share card or link — you authorize TMS to display, reproduce, distribute, cache, create previews of, and make that Content available as necessary to provide the sharing functionality you selected, and to retain it for a reasonable period after a link is deactivated. This sharing license is separate from the aggregate/de-identified research license in Section 11. Content you choose to share may be accessible to anyone who receives or obtains the applicable link, and recipients may copy or redistribute it outside the Service. Do not share Content you wish to keep private. TMS is not responsible for third-party use of Content you choose to share.
10.8 Removal of shared content; no monitoring. We may remove, restrict, or disable access to any shared Content or link at any time, with or without notice, including where we believe it violates these Terms, law, or third-party rights, or may harm TMS, the Service, or another person. TMS has no obligation to monitor, review, screen, or retain Your Content, but may do so in its discretion.
10.9 No reidentification. TMS will not attempt to reidentify data maintained as de-identified except to test or improve de-identification safeguards, investigate security incidents or fraud, respond to a legally binding request, or establish or defend legal claims. Any permitted reidentification will be limited to what is reasonably necessary for the stated purpose and subject to appropriate access controls and documentation.
§ 11The Someday Index — Research and Aggregate Data
11.1 What it is. TMS compiles aggregate, de-identified statistics about how users allocate hypothetical wealth (the “Someday Index”), which TMS may publish, license, cite, distribute, or otherwise use for any purpose, including commercial purposes.
11.2 Aggregate only; safeguards. TMS applies reasonable aggregation and de-identification safeguards designed to prevent published Index results from identifying an individual user or design. Individual designs are not published.
11.3 Participation and opt-out. Participation is the default. You may opt out at any time from the Privacy page or through any other Privacy Settings method we make available. The opt-out becomes effective when the preference is successfully recorded by the Service. Opting out excludes your contributed records from Index calculations and publications generated after the opt-out becomes effective. It does not alter or withdraw statistics published before the opt-out. The opt-out applies to Index source records that remain associated with your account through our restricted internal identifier, including allocation records, version records, and choice-sequence records used to generate the Index.
11.4 Deleting a design. Deleting a design removes it from your visible account and schedules the saved account copy for deletion or de-identification as described in our Privacy Policy, subject to backup, legal, security, fraud-prevention, and other permitted retention. It does not by itself change your Index participation preference, and research records derived from the design may continue to be used in future Index calculations unless you opt out. Published aggregate statistics may remain permanently; de-identified or pseudonymous research records may be retained subject to your Index preference and the Privacy Policy. To stop contributing, use the opt-out described in Section 11.3.
11.5 Deleting your account. Deleting your account excludes your contributed records from Index calculations and publications generated after deletion is completed, whether or not you previously opted out. The exclusion remains associated with the applicable source records after account linkage is removed, so those records do not resume contributing. Account deletion does not alter statistics published before deletion.
11.6 No warranty; no responsibility for third-party use. The Someday Index is provided for informational purposes only. TMS makes no representation or warranty regarding its accuracy, completeness, methodology, representativeness, or fitness for any purpose, and assumes no responsibility for any use, interpretation, republication, or reliance by any person or entity. Any party using or relying on it does so at its own risk. TMS has no liability arising from any use of the Someday Index by anyone.
11.7 No reliance. Nothing in the Someday Index is advice, a recommendation, a forecast, or a representation about any population, market, or individual.
11.8 Ownership. TMS owns all right, title, and interest in the Someday Index and all aggregated datasets, statistics, analytics, derivative datasets, methodologies, and associated intellectual property, whether derived from Your Content or otherwise. For clarity, this does not transfer ownership of your underlying identifiable Content to TMS.
§ 12Acceptable Use
You agree not to:
(a) use the Service for any unlawful purpose or in violation of any law;
(b) scrape, crawl, harvest, or use automated means or bots to access or extract data, or otherwise access the Service by any automated means not expressly authorized;
(c) use the Service, TMS content, the Someday Index, aggregated data, or substantial portions of Service outputs, or any data obtained through automated extraction, to train, fine-tune, or develop any machine-learning or artificial-intelligence model, or to create embeddings, vectors, or derived datasets;
(d) reverse engineer, decompile, or attempt to derive source code;
(e) conduct any penetration test, vulnerability scan, or security testing without our prior written authorization. Report suspected vulnerabilities to help@somedaycomes.app. Do not access, modify, or exfiltrate other users’ data, violate anyone’s privacy, disrupt or degrade the Service, or publicly disclose an unresolved vulnerability; report promptly and allow reasonable time to remediate. Subject to applicable law, we do not intend to pursue claims against good-faith security research that complies with these conditions;
(f) publish misleading performance claims about the Service, or conduct benchmarking that circumvents access controls, imposes unreasonable load, or discloses confidential beta information;
(g) circumvent, disable, or interfere with any security, access control, paywall, rate limit, or usage restriction;
(h) share, sell, or transfer your account or account access, or use another person’s account;
(i) resell, sublicense, rent, or commercially exploit the Service or any output;
(j) enter content that is unlawful, defamatory, harassing, obscene, infringing, or that violates any third party’s rights;
(k) impersonate any person or misrepresent your affiliation;
(l) upload malicious code or attempt to disrupt the Service;
(m) use the Service to develop a competing product or dataset; or
(n) remove, obscure, or alter any proprietary notice.
Carve-out. Section 12(c) does not prohibit you from using content that you independently created and supplied to the Service, provided that you do not use or reproduce TMS proprietary content, calculations, datasets, interfaces, or substantial portions of Service outputs.
§ 13Intellectual Property
The Service — including all software, design, interfaces, text, graphics, visual presentation, methodology, calculations, compilations, and the Someday name, logo, and branding — is owned by TMS and protected by intellectual property laws. Subject to these Terms, TMS grants you a limited, revocable, non-exclusive, non-transferable, personal license to access and use the Service for your own non-commercial use. No other rights are granted, and no license is granted by implication, estoppel, or otherwise. All rights not expressly granted are reserved.
§ 14Feedback
Any suggestion, idea, or feedback you provide becomes the property of TMS. You assign to TMS all rights in it, and TMS may use it for any purpose without compensation, attribution, or obligation to you. To the extent any right cannot be assigned, you grant TMS a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to exercise that right.
§ 15Third-Party Services and Links
The Service may link to or rely on third-party services, including Stripe and third-party data providers. TMS does not control and is not responsible for third-party services, their content, availability, accuracy, or practices. Your dealings with third parties are solely between you and them.
§ 16Copyright and DMCA
16.1 Takedown. Send copyright complaints to help@somedaycomes.app (or the address in Section 27.7), including the elements required by 17 U.S.C. § 512(c)(3).
16.2 Counter-notice and restoration. A user whose content is removed may submit a counter-notice; where a valid counter-notice is received, we may restore the content consistent with the DMCA.
16.3 Repeat infringers. We will, in appropriate circumstances, disable or terminate the accounts of repeat infringers.
§ 17Privacy
Your use of the Service is also governed by our Privacy Policy, incorporated by reference. In the event of a conflict concerning the collection, use, disclosure, retention, or deletion of personal information, the Privacy Policy controls to the extent it provides a more specific or more protective commitment, except where these Terms expressly state otherwise and applicable law permits. For all other conflicts, these Terms control. Nothing in these Terms reduces an express privacy commitment made in the Privacy Policy.
17.1 State privacy rights. If you are a resident of a state with applicable privacy law, you may have rights regarding your personal information. Those rights and how to exercise them are described in our Privacy Policy.
§ 18Electronic Communications and Consent (E-SIGN)
18.1 Consent to electronic records. You consent to receive all communications, agreements, notices, disclosures, receipts, and records in electronic form, and agree that electronic delivery (by email or through the Service) satisfies any legal requirement that they be in writing.
18.2 Electronic signatures. Your electronic actions — including clicking to accept, to subscribe, or to start a free trial — constitute your electronic signature and are legally binding under the E-SIGN Act and comparable state law.
18.3 Communications you consent to receive. You consent to receive service emails, receipts, billing and renewal notices, legal notices, and security notifications at your account email. These are transactional or legally required communications and are not marketing communications. You may not opt out of communications necessary to administer your account, process payments, provide legally required notices, or protect account security.
18.4 Keeping your address current; withdrawal; paper copies. You are responsible for keeping your email address current, which you may update in your account settings or by contacting help@somedaycomes.app. You may withdraw consent to electronic communications by contacting us, but withdrawal may require termination of your account or subscription if electronic delivery is necessary to provide the Service. You may request a paper copy of a legally required notice, free of charge, as described in our Privacy Policy or by contacting us.
§ 19Termination
19.1 By you. You may stop using the Service at any time. Cancellation of a paid subscription is governed by Section 8.
19.2 By us. We may suspend or terminate your access as described in Section 6.2, with or without notice. Where we terminate a paid subscription for convenience rather than for cause, Section 9.5 applies.
19.3 Effect. Upon termination, your right to use the Service ceases immediately. The sections identified in Section 27 (Survival) survive termination.
19.4 No obligation to retain or export. Except as required by applicable law or expressly provided in our Privacy Policy, we have no obligation to retain, store, export, back up, convert, or return any of Your Content after termination, and may delete it. The Service does not include any contractual right to a data-export, backup, or conversion feature. This does not limit any non-waivable right to access or obtain personal information under applicable law, as described in our Privacy Policy.
19.5 Preservation for legal reasons. We may preserve and retain records, Your Content, and account information where necessary to comply with a legal hold, subpoena, court order, or governmental request, to investigate or prevent fraud or abuse, to enforce these Terms, or to establish or defend legal claims.
§ 20Reservation of Rights; Investigations
TMS reserves the right, but assumes no obligation, to: investigate any suspected violation of these Terms or misuse of the Service; preserve evidence; cooperate with law enforcement and regulators; disclose information where required by law, subpoena, court order, or governmental request, or where reasonably necessary to protect the Service, our users, or our rights, consistent with applicable law and our Privacy Policy; and take any action it deems appropriate to enforce these Terms or protect the Service.
§ 21DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED, OR THAT ANY DATA, FIGURE, CALCULATION, OR OUTPUT IS ACCURATE, CURRENT, OR RELIABLE. WE DO NOT WARRANT COMPATIBILITY WITH ANY DEVICE, BROWSER, OPERATING SYSTEM, OR FUTURE SOFTWARE VERSION.
No advice or information obtained from TMS or through the Service creates any warranty not expressly stated. Some jurisdictions do not allow certain exclusions; there, the above applies to the fullest extent permitted.
§ 22LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
22.1 IN NO EVENT SHALL TMS, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OPPORTUNITY, ANTICIPATED SAVINGS, INVESTMENT OR TRADING LOSS, TAX CONSEQUENCE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY.
22.2 SUBJECT TO SECTIONS 22.4 AND 22.5, TMS WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF USER CONTENT, UNAUTHORIZED ACCOUNT ACCESS NOT RESULTING FROM CONDUCT FOR WHICH LIABILITY CANNOT LAWFULLY BE EXCLUDED, SERVICE INTERRUPTION, THIRD-PARTY DATA ERROR, OR FAILURE TO RECEIVE NOTIFICATIONS, WHETHER CHARACTERIZED AS DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.
22.3 WITHOUT LIMITING THE FOREGOING, TMS SHALL HAVE NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON THE SERVICE, ANY OUTPUT, ANY TAX OR FINANCIAL FIGURE, OR THE SOMEDAY INDEX.
22.4 TMS’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, REGARDLESS OF THE NUMBER OF CLAIMS, EVENTS, THEORIES, OR AFFECTED FEATURES, AND INCLUDING ANY LIABILITY THAT CANNOT BE EXCLUDED BUT CAN BE LIMITED, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EARLIEST EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
22.5 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or intentional misconduct, for personal injury where liability cannot be disclaimed, or for statutory consumer remedies that cannot be waived.
22.6 These limitations apply even if any limited remedy fails of its essential purpose, and are a fundamental basis of the bargain. Some jurisdictions do not allow certain limitations; there, liability is limited to the fullest extent permitted.
§ 23Indemnification
You agree to indemnify, defend, and hold harmless TMS and its members, managers, officers, employees, contractors, agents, suppliers, and licensors from any claim, loss, liability, damage, judgment, settlement, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your unlawful conduct; (b) your breach of these Terms; (c) infringement or violation of any third-party right through Your Content; or (d) your misuse of the Service.
TMS may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. TMS will provide reasonable notice of a claim, provided that delay will relieve you of your obligations only to the extent you are materially prejudiced. TMS may not settle a claim in a manner that imposes an admission or non-monetary obligation on you without your consent, not to be unreasonably withheld, and you may not settle any indemnified claim without TMS’s prior written consent.
§ 24Assumption of Risk
You acknowledge and agree that you use the Service entirely at your own risk, that you will not rely on it for any decision of consequence, and that you bear sole responsibility for any consequence of any use you make of it or its output.
§ 25Dispute Resolution — Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
25.1 FAA governs. This arbitration agreement is governed by the Federal Arbitration Act.
25.2 Informal resolution first. Before initiating any proceeding, you agree to contact us at help@somedaycomes.app with enough information to identify and investigate the dispute — including your account email, a description of the facts, and the relief requested — and to attempt in good faith to resolve the matter for at least thirty (30) days. Each claimant in a coordinated or mass filing must additionally provide an individualized, personally signed notice and certification that the information is accurate. An arbitration demand filed before completion of this process is premature, and either party may ask the administrator to close or stay the proceeding until the process is completed. Either party may shorten this period by written agreement. This requirement does not prevent either party from seeking emergency injunctive relief under Section 25.9, and applicable limitations periods are tolled during the informal-resolution period.
25.3 Binding arbitration; delegation. Any dispute arising out of or relating to these Terms or the Service — including formation, interpretation, breach, termination, validity, or enforceability — shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, EXCEPT that a court, not the arbitrator, shall decide: the enforceability of the Section 25.4 class-action waiver; any claim for public injunctive relief where applicable law reserves that question to a court; and small-claims eligibility under Section 25.6.
25.4 CLASS ACTION WAIVER. YOU AND TMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to any claim, that claim shall proceed in court and all other claims remain in arbitration.
25.5 JURY TRIAL WAIVER. YOU AND TMS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY in any proceeding arising out of or relating to these Terms.
25.6 Small claims exception. Either party may bring an individual claim in small claims court if it qualifies.
25.7 Mass arbitration. If demands for arbitration satisfy the definition or requirements of a mass arbitration under the AAA Mass Arbitration Supplementary Rules then in effect, those Rules and the applicable AAA fee schedule then in effect shall govern those demands.
25.8 Administrator unavailability. If AAA declines to administer the arbitration or is unavailable, the parties shall by agreement, or failing agreement by court appointment, select another nationally recognized arbitration administrator, and the individual-arbitration requirement and all other terms of this Section shall continue to apply. Any replacement administrator must apply consumer arbitration procedures and fee allocations that are no less favorable to the consumer than those required under applicable law and the AAA Consumer Arbitration Rules. TMS may not invoke this fallback solely because it fails or refuses to comply with AAA’s applicable consumer standards or required fee obligations.
25.9 Injunctive relief; intellectual property. Notwithstanding this Section, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction — including as to scraping, misuse of the Someday Index, infringement, source-code theft, security attacks, or breach of access restrictions — pending arbitration, without waiving arbitration.
25.10 Opt-out. You may opt out of this Section within thirty (30) days of first accepting these Terms, by emailing help@somedaycomes.app or by written notice to 16192 Coastal Highway, Lewes, Delaware 19958. Include the email address associated with your account, any name you wish to provide for identification, and a clear statement that you opt out of arbitration. An emailed opt-out is effective when received; a mailed opt-out is effective when postmarked. We will confirm receipt. Opting out does not affect any other provision.
25.11 Limitations period. Any claim by either party must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law. This limitation does not apply where applicable law prohibits contractual shortening of the limitations period, and does not apply to either party’s claims for fraud, infringement or other intellectual-property claims, indemnification, collection of unpaid amounts, or unauthorized access.
§ 26Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent the Federal Arbitration Act governs the arbitration provision in Section 25 or applicable law otherwise requires.
For any dispute not subject to arbitration under Section 25 — including any proceeding to enforce the arbitration agreement, any claim proceeding in court because the class-action waiver is held unenforceable, and any intellectual-property or injunctive-relief proceeding permitted under Section 25.9 — you and TMS consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and each waives any objection to that forum, including inconvenient forum or lack of personal jurisdiction. The legal seat of arbitration will be New York County, New York, but the hearing location or method of appearance will be determined in accordance with applicable AAA consumer rules, including remote participation or, where those rules so provide, proceedings in the federal judicial district of your residence.
§ 27General
27.1 Entire agreement; order of precedence. These Terms, together with the Privacy Policy, constitute the entire agreement and supersede all prior agreements. If we offer additional terms for a specific feature, promotion, coupon, or beta program, those additional terms apply to that feature and, in the event of a conflict as to that feature, control over these Terms; otherwise these Terms control.
27.2 Severability; Reformation; Survival of the Remainder. If any provision — or the application of any provision to any person, entity, or circumstance — is held invalid, illegal, or unenforceable, then: (a) it shall be reformed and enforced to the maximum extent permissible to give effect to the parties’ intent; (b) if it cannot be so reformed, it shall be severed; and (c) the invalidity of that provision, or of its application to any person or circumstance, shall not affect any other provision or the application of the challenged provision to any other person or circumstance, and every other provision shall remain in full force. This Section applies to every provision, including Sections 8/8A, 21/22, and 25. The class-action-waiver severability rule in Section 25.4 governs that provision specifically and is preserved and not displaced by this Section.
27.3 No waiver. No failure or delay in exercising any right constitutes a waiver. No waiver is effective unless in writing and signed by TMS.
27.4 Assignment. You may not assign these Terms without our prior written consent. TMS may assign freely, including in any merger, acquisition, reorganization, or sale of assets.
27.5 No third-party beneficiaries. These Terms create no rights in any third party, except that the persons and entities protected under Sections 22 and 23 are intended third-party beneficiaries of those Sections.
27.6 Relationship. No partnership, joint venture, employment, agency, or fiduciary relationship is created.
27.7 Notices. We may provide notice to you by email or through the Service. Except where these Terms expressly permit notice by email or through the Service, formal legal notice to TMS must be in writing to 16192 Coastal Highway, Lewes, Delaware 19958. Notices these Terms expressly permit by email — including cancellation requests, copyright notices, and informal dispute notices — may be sent to the applicable email address identified in these Terms.
27.8 Headings. Headings are for convenience only and do not affect interpretation.
27.9 Export and sanctions. You represent that you are not subject to sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), not on any denied- or restricted-party list, and not a prohibited end user or in a prohibited destination under applicable export-control laws. We may suspend access without notice where reasonably necessary for sanctions or export compliance.
27.10 Force majeure. TMS shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor dispute, governmental action, epidemic, power or telecommunications failure, internet disruption, cloud, hosting, CDN, or DNS provider failure, cyberattack, ransomware, third-party technology provider failure, third-party service failure, or data-provider failure.
27.11 Survival. The following survive termination: Sections 4, 5, 9, 10, 11, 13, 14, 20, 21, 22, 23, 24, 25, 26, and 27, together with any accrued payment obligation, any license granted to TMS, and all intellectual-property, indemnification, arbitration, and dispute-resolution provisions. Section 12 (Acceptable Use) survives to the extent necessary to prohibit continued use or exploitation of materials, data, or access obtained through the Service.
TMS Enterprises LLC
16192 Coastal Highway, Lewes, Delaware 19958
© 2026 TMS Enterprises LLC. All rights reserved. Someday is a product of TMS Enterprises LLC.