Terms of Service

Version 1, effective September 28, 2026

These terms cover your use of Tolby, a macOS application, and any related service operated alongside it (including the proxy server that carries online coaching traffic for paid subscriptions). Tolby is operated by Everett Wilber (the "operator"). By downloading, installing, or using Tolby, you agree to them.

1. What Tolby is

Tolby is a self-help and performance tool. It observes your activity on your own Mac, compares it against an intention you declare, and offers coaching based on that comparison. Tolby is not a medical device, is not therapy, and does not diagnose, treat, or claim to treat ADHD or any other condition. If you're looking for clinical care, please see a qualified professional instead. Tolby isn't a crisis service and can't respond to one — if you're in crisis, contact local emergency services or a crisis line in your area.

Tolby is for your own computer and your own use. It is not surveillance software. You agree never to use it to monitor, track, or report on another person — a partner, a child, an employee, or anyone else — under any circumstances, with or without their knowledge or consent. It watches your own screen because you asked it to, for your own benefit; that's the only use it's built or licensed for.

2. Eligibility and licensing

You must be at least 16 years old to use Tolby. You need a Mac meeting the published system requirements. There's no traditional user account — a subscription is tied to a license key, and to the specific Mac(s) you activate it on, up to the activation limit of your plan.

3. The local coach

By default, the coach runs locally on your Mac, requires no payment, no account, and no trial period to use, and doesn't expire. A paid subscription doesn't replace it — it adds a larger online coach on top of it.

4. Subscriptions, billing, and cancellation

Paid subscriptions are billed by Lemon Squeezy, acting as merchant of record, on a recurring basis until cancelled. Pricing is shown at checkout, and refunds are handled under Lemon Squeezy's own refund policy, current at the time of your purchase. You can cancel at any time; access continues through the end of the period you've already paid for.

Each plan (Tolby+ and Tolby+ Extra) includes a bounded online-coaching usage allowance (details at checkout and in the app) — it is not unlimited: it's a share of what you paid, after payment-processing fees. If you're using it faster than it would last, some replies come from the coach on your Mac instead, spread out so the allowance lasts the whole month (annual plans are paced a month at a time); you're never cut off, and the app says when a reply came from your Mac. If a subscription lapses, the coach keeps working on your Mac and the app shows one message with a way to renew. Capture and the on-device classifier are never limited by this allowance.

5. Acceptable use

You agree not to:

Online coaching requests are relayed to a third-party AI provider (currently OpenRouter, and from there one of a small set of inference providers); their own usage policies apply to those requests in addition to these terms. Details of what's sent are in the Privacy Policy.

What counts as a violation of this section, or of these terms generally, is at the operator's discretion.

6. Your data

The Privacy Policy describes what Tolby captures, what stays on your Mac, and what a paid subscription sends to Tolby's proxy server. It's incorporated into these terms by reference.

7. No warranty

Tolby is provided "as is." The operator doesn't warrant that its judgments will be accurate, that coaching will be helpful in any particular case, or that the service will be uninterrupted or error-free.

8. Limitation of liability

To the extent permitted by law, Everett Wilber isn't liable for indirect, incidental, or consequential damages arising from your use of the service. The operator's total liability for any claim is limited to the amount you paid for Tolby in the twelve months before the claim arose.

9. Changes to these terms

The operator may update Tolby, the proxy, or these terms over time. A material change to these terms is reflected by a new version number and effective date at the top of this page.

If you're using the online coach (a paid subscription), continuing to use it after a terms update requires accepting the new version, which the app will ask you to do — you'll see what changed and a link to the full terms before you decide. Declining keeps the free local coach running exactly as before; nothing about your Mac, your activity, or your conversations is affected, and you're free to cancel your subscription at any time. If you're using only the local coach, a terms update doesn't require any action from you.

10. Termination

The operator may suspend or terminate your access, including revoking a license key or activation, for a violation of these terms — including anything in section 5. You can stop using Tolby and cancel your subscription at any time.

11. Governing law

These terms are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-law rules.

12. Contact

Tolby, operated by Everett Wilber. Questions about these terms: hello@tolby.app.