Terms of Service

1. Eligibility

To use the Service, you must meet all of the following requirements:

• You are at least 13 years of age. The Service is not directed to, and may not be used by, children under 13. If we learn that a user is under 13, we will terminate that account and delete associated data.
• If you are at least 13 but under the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf. By using the Service, your parent or guardian represents they have done so and accept responsibility for your use.
• You have the legal capacity to form a binding contract in your jurisdiction.
• Your use complies with all applicable laws and regulations.

The App carries an Apple App Store age rating of 4+. This rating reflects the absence of objectionable content in the App interface; it does not waive the minimum age requirement of 13 imposed by these Terms.

2. Not a medical device — AI disclaimer

Tone Translator is an assistive communication tool, not a medical device, diagnostic instrument, or therapeutic service. The App infers general emotional tone from voice prosody (intonation, rhythm, intensity) using artificial intelligence. These inferences:

• are probabilistic estimates, not definitive determinations of emotional state, intent, or mental health;
• can be wrong or uncertain — the App will indicate low-confidence outputs where possible;
• do not constitute medical advice, diagnosis, treatment, or clinical opinion;
• are not intended for emergencies.

Do not rely on the Service for medical, mental health, crisis, or safety-critical decisions. If you or someone else is in danger, contact your local emergency services immediately.

By using the Service you acknowledge that you have read, understood, and accepted this disclaimer.

3. Privacy and data processing

Your use of the Service is subject to our Privacy Policy at thetonetranslator.app/privacy, which is incorporated into these Terms by reference. Please read it carefully.

To deliver the Service, your audio recordings and derived data (transcriptions, tone inferences, confidence scores) are transmitted to and processed by the following sub-processors:

• Apple Inc. — App distribution (App Store), in-app purchase processing (StoreKit), and speech-to-text transcription (Apple Speech Recognition, which may use Apple's cloud servers).
• OpenAI, L.L.C. — Fallback speech transcription (Whisper API) and emotional tone inference (GPT-4o-mini API). Audio and transcription data are sent to OpenAI's servers for processing.
• Supabase, Inc. — Cloud database for storing anonymized transcripts, tone inference results, usage records, and account data (US region, AWS us-east-1).
• Vercel, Inc. — Hosting and serving the backend API that routes requests between the App and the above processors.

By using the Service you consent to this data processing. Each sub-processor is governed by its own privacy policy. We are not responsible for their practices beyond our contractual obligations with them.

4. Accounts and authentication

Certain features require an account, which you may create using Sign in with Apple, Google Sign-In, or email/password. You agree to:

• provide accurate and complete information at registration and keep it current;
• keep your credentials confidential and not share your account with others;
• notify us immediately at [email protected] if you suspect unauthorized access.

You are responsible for all activity that occurs under your account. A guest (unauthenticated) mode may be available with limited functionality; guest usage is subject to these Terms.

5. Subscriptions, free tier, and usage limits

5.1 Free tier

The Service may be used on a free basis subject to a usage limit displayed in the App. The free tier provides a fixed amount of recording minutes; this allowance is not automatically reset each month — it is a cumulative lifetime or period cap as shown in the App at the time of use. We may change the size of the free allowance at any time with notice in the App.

5.2 Paid subscriptions

Paid subscription plans ("Everyday," "Plus," and "Max") and consumable minute top-up packs are available for purchase through the Apple App Store. Before purchasing:

• All prices, billing intervals (monthly or annual), and included features are displayed in the App prior to purchase and are subject to applicable taxes.
• Payments are processed exclusively by Apple Inc. via your Apple ID. We do not collect or store your payment card information.
• Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date through your device's App Store subscription settings (Settings → [your name] → Subscriptions).
• A 7-day free trial may be offered for eligible plans. If you do not cancel before the trial ends, the subscription will automatically convert to a paid plan at the displayed price.
• Consumable minute top-up packs are one-time purchases that add minutes to your balance; they are not refundable once consumed.
• All subscription purchases are subject to Apple's media services terms.

5.3 Refunds

All refund requests are handled by Apple under Apple's refund policy. We have no authority to issue refunds for App Store purchases. To request a refund, visit reportaproblem.apple.com.

6. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes, as permitted by Apple's App Store usage rules.

You may not:

• copy, modify, distribute, sell, or sublicense the App or any part of the Service;
• reverse engineer, decompile, or attempt to extract source code (except where the law expressly permits);
• circumvent, disable, or otherwise interfere with security features;
• use the Service to develop a competing product or service;
• use the Service for any unlawful or unauthorized purpose.

7. Acceptable use

You agree not to use the Service to:

• violate any applicable law or regulation;
• harass, threaten, stalk, or harm any person;
• record, process, or submit audio of any person without that person's prior, informed consent (see Section 8);
• misrepresent or weaponize AI outputs — for example, falsely claiming the App definitively detected a specific emotion, or using outputs to manipulate, discriminate against, or target an individual;
• attempt unauthorized access to systems, networks, or data;
• transmit malware, viruses, or conduct any automated or abusive activity that degrades our systems;
• resell, rent, or commercially exploit the Service without our written permission.

We reserve the right to suspend or permanently terminate your access if we reasonably believe you have violated these Terms.

8. Consent to record third parties

The App is designed to analyze the tone of voice in conversations, which may include the voices of people other than you. Before you record any conversation, you must obtain the explicit, prior consent of every participant.

• Recording another person's voice without their consent may violate wiretapping, eavesdropping, or privacy laws in your jurisdiction — including, for example, all-party consent requirements under California Penal Code §632 and equivalent laws in other jurisdictions.
• You are solely responsible for obtaining all required consents before using the App in any conversation.
• When "Store transcript locally" is enabled, transcriptions of all speech in a recording — including speech by third parties — may be stored on your device and on our servers. You are responsible for ensuring you have a lawful basis to process and store third-party speech data.
• The App does not technically prevent recording without consent; its disclosures are a legal and ethical obligation, not a technical guarantee.

You agree to indemnify and hold us harmless from any claim arising from your failure to obtain required consents or your unlawful recording of third parties.

9. Your content

You retain ownership of recordings, transcripts, and other content you generate through the Service ("Your Content"). By using the Service, you grant us a limited, worldwide, royalty-free license to store, process, and transmit Your Content solely as necessary to operate and provide the Service to you.

You represent and warrant that:

• you have the right to submit Your Content and to grant us the above license;
• Your Content does not violate any law, third-party rights, or these Terms; and
• you have obtained all necessary consents from any third party whose voice appears in Your Content (see Section 8).

We do not use Your Content to train our AI models or share it with third parties except as described in the Privacy Policy and Section 3 above.

10. Intellectual property

The Service — including the App, its underlying software, AI models, visual design, and branding — is owned by KOKORO and/or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the license granted in Section 6, we reserve all rights. No other rights are granted by implication, estoppel, or otherwise.

11. Third-party services and links

The Service integrates with and depends on third-party services listed in Section 3. Each is governed by its own terms. We are not responsible for the content, privacy practices, or reliability of any third-party service. Your dealings with third parties are solely between you and them.

The Service may contain links to external websites or resources. We do not endorse, control, or assume responsibility for any such sites. Accessing them is at your own risk.

12. Service changes and availability

We may change, suspend, or discontinue any part of the Service at any time, including modifying features, usage limits, or pricing. For material changes, we will provide reasonable notice through the App or at thetonetranslator.app. Continued use after notice constitutes acceptance.

We do not guarantee uninterrupted, error-free, or continuous availability of the Service.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We specifically do not warrant that:

• tone or emotion inferences produced by the App will be accurate, complete, reliable, or appropriate for any particular situation or individual;
• the Service will meet your requirements or expectations;
• the Service will be available, uninterrupted, timely, secure, or free from errors or data loss;
• any defects will be corrected.

Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

14. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Tone Translator, KOKORO, or our officers, directors, employees, agents, or licensors be liable for any:

• indirect, incidental, special, consequential, exemplary, or punitive damages;
• loss of profits, revenue, data, goodwill, or business opportunities; or
• damages arising from your reliance on any AI output generated by the Service.

Our total cumulative liability for all claims arising from or relating to the Service will not exceed the greater of: (a) the total amount you paid us in the 12 months preceding the event giving rise to liability, or (b) CAD $10.00.

Some jurisdictions do not permit certain liability limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tone Translator, KOKORO, and our affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

• your use of or access to the Service;
• your violation of these Terms;
• your violation of any law or regulation, including recording consent laws;
• your infringement of any third-party rights, including privacy rights; or
• Your Content.

16. Termination

You may stop using the Service and delete the App at any time.

We may suspend or terminate your access, with or without notice, if:

• you breach these Terms;
• we are required to do so by law or court order;
• your use poses a security, legal, or reputational risk; or
• we discontinue the Service.

Upon termination, the license granted in Section 6 ends immediately. Sections 2, 8, 9, 10, 13, 14, 15, 17, and 19 survive termination.

If you delete your account or request data deletion, we will process your request in accordance with our Privacy Policy and applicable law. Processing may take up to 30 days for complete deletion from all systems.

17. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute arising out of or in connection with these Terms that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, unless applicable consumer protection law in your jurisdiction requires otherwise.

EU and UK users retain the right to bring claims before the courts of their country of residence and any applicable data protection authority.

18. Apple App Store — additional terms

The following terms apply to your use of a version of the App acquired from the Apple App Store and supplement (but do not replace) the rest of these Terms. In the event of any conflict between this Section and another section of these Terms, this Section controls with respect to Apple-specific matters.

• Scope of license. The license in Section 6 is limited to use of the App on Apple-branded products running iOS that you own or control, and as permitted by the App Store Usage Rules in Apple's Terms of Service.
• Maintenance and support. KOKORO, not Apple, is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any support with respect to the App.
• Warranty. In the event the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App. All other warranty claims — and any consumer protection, privacy, or third-party intellectual property claims relating to the App — are KOKORO's responsibility, not Apple's.
• Product claims. KOKORO, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual property. In the event of any third-party intellectual property infringement claim related to the App, KOKORO, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Export compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. or Canadian government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
• Third-party beneficiary. You acknowledge and agree that Apple Inc. is a third-party beneficiary of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App and/or by updating the "Last updated" date above. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

20. General

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable; the remaining provisions will remain in full force.
• No waiver. Failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.
• Language. These Terms are written in English. Any translated version is provided for convenience only; the English version controls.

21. Contact

For questions about these Terms, contact us at: