Terms of Service

These Terms of Service (“Terms”) govern your use of tonesmatch.com and the TonesMatch web application (together, the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

You must be at least 16 years old in the EEA/UK and 13 elsewhere to use the Service. You agree to provide accurate registration information, keep your login credentials confidential, and notify us immediately of any unauthorized use of your account. You are responsible for everything that happens under your account.

TonesMatch offers paid plans (currently Tone Seeker and Tone Master) with monthly and annual billing options. New users may be eligible for a free trial; trials convert automatically to a paid subscription at the end of the trial period unless you cancel before it ends.

Payments are processed by Creem. By starting a paid plan you authorize us and Creem to charge your payment method on a recurring basis until you cancel. Prices may change with notice; new prices apply to your next billing cycle. You may cancel at any time from Settings; cancellation stops the next renewal but does not retroactively refund the current period.

You may request a refund within 14 days of a charge by emailing hello@tonesmatch.com. When we issue a refund, your remaining adaptation quota for the refunded period is voided immediately. Outside the 14-day window, payments are non-refundable except where required by applicable law (including statutory rights of EEA/UK consumers).

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You may not: (a) commercially exploit the Service, (b) copy, modify, translate, or create derivative works, (c) reverse engineer or attempt to extract our source code or models, (d) build a competing product using the Service or our outputs, or (e) remove or obscure any proprietary notices.

You agree not to:

• Scrape, crawl, or use automated means to access the Service except as expressly permitted.
• Abuse the API, exceed rate limits, or attempt to bypass quota enforcement.
• Probe, scan, or test the vulnerability of the Service or interfere with its operation.
• Upload malware, exploits, or content that is unlawful, harassing, defamatory, or infringing.
• Submit content you do not have the rights to share, including to the community library.
• Use the Service to harass, threaten, or impersonate any person.

We may remove content, suspend, or terminate accounts that violate these rules.

You retain ownership of the gear profiles, tones, comments, and other material you submit (“User Content”). When you publish a tone to the community library you grant TonesMatch a worldwide, royalty-free, non-exclusive license to host, reproduce, display, and distribute that tone within the Service so other users can view and use it. You can unpublish or delete your tones at any time, after which we will remove them from public view within a reasonable period (cached copies may persist briefly).

You are solely responsible for your User Content and warrant that you have all necessary rights to share it. We do not use your User Content to train AI models.

TonesMatch uses AI to generate tone settings, gear recommendations, and song analysis. These outputs are suggestions, not guarantees. AI can be wrong, incomplete, or out of date. Final tuning depends on your room, pickups, strings, technique, and ear, and remains your responsibility. Do not apply settings that could damage your equipment, hearing, or environment without verifying them against the manufacturer’s safe operating ranges.

The Service, including its software, design, gear catalog, tone-matching engine, and trademarks, is owned by TonesMatch or its licensors and is protected by intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you. Any feedback or suggestions you send us may be used by us without restriction or compensation.

The Service depends on third-party providers (including Supabase, Vercel, OpenAI, Creem, Resend, and PostHog) and may link to third-party sites. We are not responsible for third-party content, products, or practices. Your use of third-party services is governed by their own terms.

We work to keep the Service running reliably, but availability is not guaranteed and we may modify, suspend, or discontinue features at any time with reasonable notice where practical. We may perform maintenance, deploy updates, or change pricing and plan structure as the Service evolves.

You may stop using the Service and close your account at any time from Settings. We may suspend or terminate your access if you violate these Terms, if your account is inactive for an extended period, or if continuing to provide the Service to you would expose us to legal or security risk. On termination, your right to use the Service ends; sections that by their nature should survive (such as ownership, disclaimers, limitation of liability, and dispute resolution) will survive.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. To the maximum extent permitted by law, we disclaim all such warranties. Some jurisdictions do not allow these exclusions, and certain consumer protections cannot be waived.

To the maximum extent permitted by law, TonesMatch and its affiliates, officers, employees, and contractors will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total aggregate liability for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) USD $50. Nothing in these Terms limits liability that cannot be excluded under applicable law (such as for fraud or gross negligence).

You agree to defend, indemnify, and hold harmless TonesMatch from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or applicable law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Disputes will be brought in the state or federal courts located in San Diego County, California, and you and TonesMatch consent to the personal jurisdiction of those courts. EEA/UK consumers retain the right to bring proceedings in the courts of their habitual residence and to rely on mandatory consumer protections of their country of residence.

We may update these Terms as the Service evolves. When we make material changes we will update the “Last updated” date above and, where appropriate, notify you by email or in the application. Your continued use of the Service after the change takes effect constitutes acceptance of the revised Terms.

These Terms, together with our Privacy Policy, are the entire agreement between you and TonesMatch regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Section titles are for convenience only.

Questions about these Terms? hello@tonesmatch.com.