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Terms of Service

Last Updated: September 23, 2026

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 listening practice application. Users import their own audio content, which is processed on their device into structured listening passages. The App is currently free to use.

3. Accounts

You may explore certain parts of TonesFly in guest mode without creating a full account. To turn imported audio into lessons or to import from Google Drive, 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-Imported Content

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

Audio is processed on your device and is never sent to our servers. Transcripts and lesson content are created and stored on your device; our backend never receives them. If iCloud is on for TonesFly, lesson titles and practice progress sync to your own iCloud account; audio does too only if you turn on audio sync.

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

5. Acceptable Use of Audio Content

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

  • Audio content you have created yourself
  • Audio from publicly available sources (podcasts, public domain recordings, Creative Commons licensed content)
  • Audio you have purchased or licensed for personal use

You may NOT import:

  • Copyrighted content without proper authorization
  • Content obtained through unauthorized means (piracy)
  • Content that violates any person's privacy or publicity rights

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

6. Subscriptions & Payments

TonesFly is currently free to use, and no subscriptions are offered for purchase in this version of the App. All core features are free for everyone: importing audio, on-device lessons, multi-section practice, and word explanations (full explanations require a device that supports Apple Intelligence; other devices show a shorter version). Everything is processed on your device, and our backend never receives your audio or transcripts. Audio is copied to your own iCloud account only if you turn on audio sync.

If optional auto-renewable subscriptions are offered in the future, the price, billing period, and included features will be shown in the App before you purchase. Payment is charged to your Apple ID account. Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period. You can 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:

  • Use the App for any unlawful purpose
  • Attempt to reverse-engineer, decompile, or hack the App
  • Import malicious files or content designed to exploit the processing system
  • Use automated tools or bots with the App
  • Circumvent any access controls or usage limits
  • Abuse the import or processing system (e.g., importing non-audio content)

9. Analytics & Marketing Attribution

We use consent-based analytics (PostHog) to improve the App. When you open TonesFly from a marketing link, campaign parameters (e.g., UTM source, medium, campaign name) may be collected to measure marketing effectiveness. These parameters describe the link you used; like other analytics data, they are linked to your account ID. 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 imported content may be deleted.

You may delete your account at any time from Settings > Delete Account. When you confirm, our backend deletes your account records, your purchase history, and your email contact, apart from a minimal record that the deletion took place, as described in our Privacy Policy; deleted data cannot be recovered. If any of these steps fails, our team receives an alert so the deletion can be finished. Deleting your account requires an internet connection; if the deletion request cannot reach our servers, your account is not deleted and you can try again.

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 passage generation from imported 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:

  • Description of the copyrighted work
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement of good faith belief that the use is not authorized
  • A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent

Upon receiving a valid notice, we will promptly remove or disable access to the allegedly infringing content and notify the user who imported 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

If you have questions about this EULA, please contact us at support@tonesfly.com