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Terms of Service

Last updated: January 15, 2025

1. Acceptance of Terms

Welcome to Toney! These Terms of Service ("Terms") govern your use of the Toney mobile application and website (collectively, the "Service") operated by Toney Inc. ("we," "us," or "our").

By downloading, accessing, or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Toney is an AI-powered music application that allows users to sing, receive real-time feedback, create duets, and share their performances. Our Service includes:

  • AI-powered vocal analysis and scoring
  • Access to a library of songs for singing practice
  • Duet mode for collaborative singing
  • Social sharing features
  • Performance tracking and analytics

3. User Accounts

3.1 Account Creation

To access certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. User Content and Conduct

4.1 Your Content

You retain ownership of any audio recordings, performances, or other content you create using our Service ("User Content"). By using our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute your User Content solely for the purpose of providing and improving our Service.

4.2 Prohibited Conduct

You agree not to use the Service to:

  • Upload or share content that is illegal, harmful, or violates others' rights
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Distribute spam, malware, or other malicious content
  • Attempt to gain unauthorized access to our systems
  • Use the Service for commercial purposes without our consent

5. Intellectual Property

5.1 Our Content

The Service and its original content, features, and functionality are owned by Toney Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Music Content

Our song library contains music licensed from third parties. You may use this content solely within our Service for personal, non-commercial purposes. Any other use requires separate licensing agreements.

5.3 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please contact us at copyright@toney.app with detailed information about the alleged infringement.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your information.

7. Subscription and Payment Terms

7.1 Premium Subscription

Our Service offers both free and premium subscription tiers. Premium subscriptions provide access to additional features and content as described in our app and on our website.

7.2 Payment and Billing

Premium subscriptions are billed through your device's app store (Apple App Store or Google Play Store). All billing and refund policies are subject to the respective app store's terms and conditions.

7.3 Cancellation

You may cancel your premium subscription at any time through your device's subscription settings. Cancellation will take effect at the end of your current billing period.

8. Disclaimers and Limitation of Liability

8.1 Service Availability

We strive to provide reliable service, but we cannot guarantee that the Service will be available at all times or free from errors. The Service is provided "as is" without warranties of any kind.

8.2 Limitation of Liability

To the maximum extent permitted by law, Toney Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

9. Indemnification

You agree to defend, indemnify, and hold harmless Toney Inc. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in San Francisco, California.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: legal@toney.app
  • Address: 123 Music Street, San Francisco, CA 94105
  • Phone: +1 (555) 123-4567