End User License Agreement

Introduction

This End User License Agreement ("EULA") is a legal agreement between you ("User") and Thang Pham, operating as TonesFly ("Licensor"), for the use of the TonesFly mobile application ("the App"). By installing or using the App, you agree to be bound by the terms of this EULA.

1. License Grant

The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions.

2. License Restrictions

You may not:

3. Intellectual Property

The App and all content therein — including but not limited to the user interface, design, graphics, audio processing technology, and code — are the intellectual property of Thang Pham or its licensors, protected by copyright and other applicable intellectual property laws.

4. User-Imported Content

You retain ownership of audio files you import into 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 challenges for your personal use.

All processing happens entirely on your device. Audio files, transcripts, and lesson data never leave your device (except for optional iCloud sync). Practice data is stored locally on your device.

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

5. Subscriptions & In-App Purchases

All features are available for free. Users can import audio and create lessons on-device — audio never leaves your device. All processing happens entirely on your device; no audio, transcripts, or lesson data are sent to any server.

6. Privacy

Your use of the App is subject to our Privacy Policy, which describes how we collect, use, and protect your information — including imported audio and transcript data. You can review the Privacy Policy in the App settings.

7. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind. To the maximum extent permitted by applicable law, the Licensor disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy of speech recognition or transcription results.

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.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of or inability to use the App. The Licensor's total aggregate liability shall not exceed the amount you paid for the App or subscriptions 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.

9. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices. Imported content may be deleted upon account termination. Sections 3, 7, 8, and 10 survive termination.

10. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the Socialist Republic of Viet Nam. Any disputes 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.

11. Apple-Specific Terms

This EULA is between you and the Licensor only, not with Apple Inc. ("Apple"). The Licensor, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple is not responsible for addressing any claims relating to the App or your use of it. Apple and its subsidiaries are third-party beneficiaries of this EULA.

12. Changes to This EULA

We may update this EULA from time to time. We will notify you of material changes through the App or by email at least 30 days before the changes take effect. Your continued use of the App after changes constitutes acceptance of the updated EULA.

13. Contact

If you have questions about this EULA, please contact us at [email protected]