Lustig Fairchild
Tokonoma · Version 1.0 · Effective 15 August 2026
This is the agreement under which you may use Tokonoma. It is short by the standards of these documents, because the app asks little of you: there is no account, no subscription, and nothing of yours is sent anywhere. Most of what follows sets out who is responsible for what — and one section, on the care guidance, matters more than the rest.
This summary is written to be read. It is not a substitute for the terms below, and where the two differ, the terms govern.
This End User Licence Agreement (“Licence”) is a contract between you, the person using the app, and Lustig Fairchild (“we”, “us”, “the developer”), an independent app developer established in Bulgaria, in the European Union. Our contact details are in Section 22.
This Licence is concluded between you and us only. It is not concluded with Apple, and Apple is not a party to it. We alone are responsible for the app and for its contents. Apple's role is described in Section 17.
How we handle information is not covered here. That is set out separately in our Privacy Policy, which forms part of your agreement with us to the extent it describes our obligations. In short: the app collects no personal data, and nothing you record reaches us.
This Licence applies to both editions of Tokonoma published by Lustig Fairchild on the Apple App Store, for iPhone, iPad, Mac and Apple Vision Pro:
Where this Licence says “the app”, it means whichever of these you have installed. Where a term applies to only one edition, it says so. Both editions are covered by the same Privacy Policy.
By downloading, installing or using the app you accept this Licence. If you do not accept it, do not install the app; if you have already installed it, delete it, and you may seek a refund through Apple as described in Section 9.
If you are under the age at which you can enter into a binding contract where you live, you may use the app only with the consent of a parent or guardian who accepts this Licence on your behalf.
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on any Apple-branded products that you own or control, subject to and in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions. This includes use of the app by other members of your household through Family Sharing, where Apple makes that available.
The licence is granted, not sold. We keep all rights we do not expressly grant you here.
Within those limits you may use the app for any purpose, personal or professional — as a hobbyist keeping three trees on a balcony, or as a nursery keeping four hundred. There is no separate commercial licence to buy, and no limit on how many of your own plants you record.
You may not, and may not permit anyone else to:
Everything you put into the app is yours: your plants and their names, your photographs, your measurements, your diary entries, your notes, and any care text you write or edit. We claim no ownership of it and no licence over it. We do not receive it, and we could not use it if we wanted to.
Because a bonsai can outlive any piece of software, the full edition can export your entire collection — as an archive with photographs, as CSV, and as printable cards — in formats that can be read without this app. We encourage you to keep your own copies. Nothing in this Licence restricts what you do with an exported file.
You are responsible for your own backups. Deleting the app deletes its data from that device.
Tokonoma ships with written care guidance for a number of species, along with temperature ranges, soil pH figures, hardiness zones and native ranges. It is reference material, offered in good faith and believed accurate, but it is general information and not professional horticultural advice. It is not tailored to your tree, your climate, your soil, your water, your season or your cultivar, and it cannot be.
Living trees are not documents. Horticultural work is frequently irreversible: a cut cannot be uncut, a root mass cannot be un-reduced, and a tree defoliated at the wrong moment or wintered at the wrong temperature may not recover. Individual specimens of the same species differ, published sources disagree with one another, and the correct treatment often depends on judgement that no written guide can supply.
You remain responsible for your own trees and for every decision you take about them. Before carrying out any operation that cannot be undone, satisfy yourself that it is right for that particular plant — from your own experience, from other sources, or from someone who can see the tree.
To the fullest extent permitted by law, we accept no liability for any loss of or damage to any plant, tree, collection or other property arising from reliance on the care guidance in the app. The app is a place to keep a record and a reference to consult; it is not a horticulturist, and it does not warrant the outcome of any technique it describes.
You may edit any care text in the app, and we encourage you to correct it to match what you know. Once you have edited it, it is your text, and Section 6 applies to it — but the responsibility for what you then do with it is equally yours.
Nothing in this section limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded. See Section 13.
The app, its design, its source code, its name, its icon, and the care text, species data and other written content we ship with it are owned by us or licensed to us, and are protected by copyright and other laws.
What you may do: read it, rely on it as far as Section 7 allows, edit it freely inside the app, print your own records, and export your own data. A printed card or an export you make for your own use is yours.
What you may not do: republish the shipped care library, in whole or in substantial part, in another app, book, website, dataset or product — including a version you have edited. The text was written for this app; it is not a public database.
Botanical names, horticultural facts and the underlying techniques are of course nobody's property. It is our particular expression of them that this section protects.
Tokonoma Basic is free. The full edition is a one-off purchase. There are no subscriptions, no in-app purchases, no advertising and no recurring charges of any kind, and we do not intend to introduce any; if that ever changed it would be in a new version, disclosed before you chose to install it, and never applied retroactively to a version you already own.
Apple sells the app, not us. Your purchase is a transaction with Apple, on Apple's terms, and Apple holds the payment relationship. Requests for refunds are therefore made to Apple, through reportaproblem.apple.com, and are decided by Apple under its own policies. If you are an EU consumer, your statutory right of withdrawal for digital content is likewise exercised through Apple as the seller.
The two editions are separate apps on the App Store. Installing the full edition does not remove the Basic edition, and does not require you to.
We actively develop the app and expect to keep improving it. Updates are delivered through the App Store and are covered by this Licence unless an update comes with its own terms.
We may add, change or remove features. Where a change would remove something you rely on, we will say so in the release notes rather than let you discover it. We may also stop publishing the app altogether — in which case the copy you have installed keeps working for as long as your devices and their operating systems allow, and your exported files keep working indefinitely. That is much of the reason export exists.
We are solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of it.
In practice: write to us at the address in Section 22 and we will do our best. We are one person, so we cannot promise a response time, but questions and bug reports are read and answered.
We provide the app with reasonable care and skill, and we want it to work properly. But to the fullest extent permitted by applicable law, and except as expressly stated in this Licence, the app is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the app will be uninterrupted or error-free, or that the care guidance is complete or correct for your circumstances.
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, and not Apple's.
If you are a consumer, none of this affects your statutory rights. Consumers in the European Union have rights in respect of digital content under Directive (EU) 2019/770 and their national law, including the right to have non-conforming digital content brought into conformity, and to a price reduction or termination where it is not. Those rights cannot be excluded by contract, and this Licence does not attempt to exclude them.
To the fullest extent permitted by law, we are not liable for indirect or consequential loss, for loss of profit, revenue, business or opportunity, or for loss of or damage to data, plants or other property, arising out of or in connection with your use of the app — including, as Section 7 sets out, any loss of or damage to a plant.
Where we are liable, and to the fullest extent permitted by law, our total aggregate liability arising out of or in connection with this Licence is limited to the amount you paid for the app.
Nothing in this Licence excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot lawfully be excluded or limited. If you are a consumer, nothing here limits liability that the mandatory consumer law of your country of residence does not permit us to limit.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is so, the exclusions and limitations above apply only so far as that jurisdiction permits.
We, and not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including but not limited to: product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, including in connection with the app's use of the HealthKit and HomeKit frameworks if it ever uses them. This Licence does not limit our liability to you beyond what applicable law permits.
In the event of any third party claim that the app or your possession and use of it infringes that third party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You also agree to comply with all applicable export and re-export control laws when using the app.
You must comply with any applicable third party terms of agreement when using the app. In practice this means Apple's own terms — the Apple Media Services Terms and Conditions, and the terms governing iCloud — since the app is distributed by Apple and synchronises through your own iCloud account.
Apple distributes the app and, if you use synchronisation, stores your data in your own iCloud account. Apple does not write the app, does not endorse it, and is not a party to this Licence.
Apple, and Apple's subsidiaries, are third party beneficiaries of this Licence, and upon your acceptance of it Apple will have the right — and will be deemed to have accepted the right — to enforce this Licence against you as a third party beneficiary of it.
This Licence takes effect when you first install or use the app and continues until terminated.
You may end it at any time, for any reason, by deleting the app from your devices. We may end it if you materially breach it — most obviously by redistributing the species library — in which case you must stop using the app and delete it. Termination does not entitle you to a refund except where the law or Apple's policies provide one.
Sections 6, 7, 8, 12, 13, 14, 17, 19 and 21 survive termination.
This Licence is governed by the law of Bulgaria, and the courts of Bulgaria have jurisdiction over disputes arising from it.
If you are a consumer, this does not deprive you of anything. You keep the protection of the mandatory provisions of the law of the country where you habitually reside, and you may bring proceedings in the courts of that country. Where the law of your country gives you stronger rights than this Licence does, those rights prevail.
If something goes wrong, please write to us first — see Section 22. Most problems are a misunderstanding or a bug, and both are quicker to fix directly.
If we cannot resolve it between us, EU consumers may seek out-of-court resolution through the alternative dispute resolution body competent for the matter in their country. In Bulgaria this is handled through the Commission for Consumer Protection (Комисия за защита на потребителите), kzp.bg. Consumers in another EU country can find the appropriate body, and cross-border assistance, through the European Consumer Centres Network (ECC-Net). Note: the European Commission's Online Dispute Resolution platform, which older agreements commonly refer to, ceased operating on 20 July 2025 and is no longer available.
We are not obliged to use, and do not commit in advance to, any particular alternative dispute resolution body.
We may update this Licence — to reflect new features, or a change in the law. The version number and effective date at the top of this document identify the current text.
A new version applies to a version of the app released after it, and to your continued use of the app after you have had a reasonable opportunity to read it. Changes are never applied retroactively to reduce rights you already had in a version you have already installed. If you do not accept a new Licence, do not install the update; the version you have keeps working under the terms you accepted.
Entire agreement. This Licence, together with our Privacy Policy and Apple's applicable terms, is the whole agreement between us about the app, and replaces anything said beforehand. Nothing here limits your rights arising from a misrepresentation made fraudulently.
Severability. If a court finds any part of this Licence unenforceable, the rest continues in force, and the unenforceable part is treated as modified to the least extent needed to make it valid.
No waiver. If we do not enforce a term, that is not a waiver of it.
Assignment. You may not transfer this Licence. We may transfer it if the app changes hands, provided your rights are not reduced.
Language. This Licence is written in English. If we publish a translation and the two disagree, the English version governs, except where the mandatory law of your country requires otherwise.
Lustig Fairchild
Bulgaria, European Union
lustigfairchild@abv.bg
Please put the app's name in the subject line. Write to us about anything: a bug, a question, a correction to the care guidance, a complaint, or a request under this Licence. Support, warranty questions and complaints all come to this address.
For matters concerning your personal data, see our Privacy Policy, which uses the same address.