Terms of Service

1. Acceptance of Terms

By downloading, installing, or using TonesFly ("the App"), you agree to be bound by these Terms of Service ("Terms"). The App is operated by Thang Pham ("TonesFly," "we," "our," or "us"). If you do not agree to these Terms, do not use the App.

2. Description of Service

TonesFly is a language learning application that helps users improve language listening comprehension through interactive audio practice. Users upload their own audio content, which is processed into structured listening challenges. The App is available in free and premium subscription tiers.

3. Accounts

You may explore certain parts of TonesFly in guest mode without creating a full account. To import audio, process lessons, restore purchases, or sync progress across devices, you must create or connect an account via Apple Sign-In, Google Sign-In, or email. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. User-Uploaded Content

You retain ownership of audio files you upload to the App. By uploading content, you grant the Licensor a limited, non-exclusive license to process such content solely for the purpose of generating listening practice challenges for your personal use.

Audio is processed on-device and stays on your device. Only text transcripts are sent to our servers for real-time enrichment processing. Our backend does not store or retain transcript content after processing. All lesson content remains on your device and in your iCloud account. Practice data is stored locally on your device.

You are solely responsible for ensuring you have the necessary rights to upload and use any audio content within the App.

5. Acceptable Use of Audio Content

TonesFly is designed for personal educational use. You may upload:

You may NOT upload:

You are solely responsible for ensuring you have the right to use any audio you upload. TonesFly is not liable for any copyright infringement resulting from user uploads.

6. Subscriptions & Payments

Premium features are available through in-app subscriptions. Free users can import audio and create lessons instantly on-device with Quick Listen — audio never leaves your device. Free users also receive a limited number of lifetime full-mode lessons with multi-section practice and Light Ups. After the free full-mode allowance is exhausted, users can continue with Quick Listen. Free Light Up access is also limited; after the initial allowance is used, free users can still preview a small number of Light Ups per full-mode lesson.

Premium unlocks unlimited full-mode lessons with multi-section practice and Light Ups (per-context word explanations in your language). Full-mode processing sends text transcripts to our servers for real-time AI enrichment. Our backend does not store or retain transcript content after processing; audio stays on your device.

Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period. Payment is charged to your Apple ID account. Manage or cancel subscriptions in your device's Settings > [Your Name] > Subscriptions.

7. Intellectual Property

All content in TonesFly — including but not limited to the user interface, design, graphics, audio processing algorithms, and software code — is owned by Thang Pham, operating as TonesFly, or its licensors, and is protected by copyright, trademark, and other intellectual property laws.

TonesFly™ and the TonesFly logo are trademarks of Thang Pham. You may not use these marks without prior written permission.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the App without our express written permission.

8. User Conduct

You agree not to:

9. Analytics & Marketing Attribution

We use consent-based analytics (PostHog) to improve the App. When you open TonesFly from a marketing link, anonymous campaign parameters (e.g., UTM source, medium, campaign name) may be collected to measure marketing effectiveness. These parameters do not contain personally identifiable information. All analytics data, including campaign attribution, is subject to your privacy consent settings and is not collected from underage users. See our Privacy Policy for full details.

10. Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms. Upon termination by us, your right to use the App ceases immediately, and uploaded content may be deleted.

You may request account deletion at any time from Settings > Delete Account. Deletion requests enter a 7-day grace period during which you can cancel by signing in. After the grace period, your account and associated data are permanently deleted. We send email confirmation when deletion is scheduled, a reminder 24 hours before, and confirmation after deletion.

TonesFly cannot delete data stored in your iCloud account; iCloud data is managed by Apple.

Sections 7, 12, and 13 survive termination.

11. Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee the accuracy of speech recognition, transcription, or challenge generation from uploaded audio. Processing results may vary depending on audio quality, language, and content.

Nothing in this section excludes or limits liability for death, personal injury, fraud, or any other liability that cannot be excluded or limited under applicable law, including under EU, UK, or local consumer protection laws.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Thang Pham, operating as TonesFly, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of or inability to use the App. Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

This limitation does not apply to liability that cannot be excluded or limited under applicable law, including under the EU Consumer Rights Directive, UK Consumer Rights Act 2015, or equivalent local consumer protection legislation.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Socialist Republic of Viet Nam. Any disputes arising under these Terms shall be resolved in the competent courts of Khanh Hoa province, Viet Nam.

If you are a consumer in the European Union, United Kingdom, or any jurisdiction with mandatory consumer protection laws, nothing in this section deprives you of the protection of the mandatory laws of your country of residence, and you may bring proceedings in your local courts.

14. Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe content on our service infringes your copyright, please send a written notice to support@tonesfly.com with:

Upon receiving a valid notice, we will promptly remove or disable access to the allegedly infringing content and notify the user who uploaded it. Repeat infringers may have their accounts terminated.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through the App or by email at least 30 days before the changes take effect. Continued use of the App after changes constitutes acceptance of the updated Terms.

16. Apple-Specific Terms

This agreement is between you and TonesFly only, not with Apple Inc. ("Apple"). TonesFly, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support. Apple and its subsidiaries are third-party beneficiaries of these Terms.

17. Contact

Questions about these Terms? Contact us at support@tonesfly.com