Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Third Tone Project, Inc., with offices at 450 Sparrow Farm Rd, Montpelier, VT 05602, USA (“ThirdTone”, “we”, “us”, “our”). They govern your access to and use of the ThirdTone mobile applications for iOS and Android, the website at thirdtone.ai, and any related services, content, and software (collectively, the “Service”).

Please read these Terms carefully. They contain disclaimers about wellness claims, a limitation of liability, a binding individual arbitration clause, and a class-action waiver.

1. Acceptance of Terms

By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, available at https://thirdtone.ai/privacy, which is incorporated by reference. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” refers to that entity.

2. Eligibility

You must be at least 16 years old to create an account and use the Service. Where local law permits and a parent or legal guardian has provided verifiable consent and agrees to these Terms on the minor’s behalf, users aged 13 to 15 may use the Service. By using the Service you represent that you meet these requirements.

The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have done so, we will delete that information.

3. Description of Service

ThirdTone is a sound-based wellness product. The Service offers a curated library of tones, journeys, and sound formulas, together with AI-personalized audio protocols (“Formulas” and “Journeys”) generated based on the preferences and goals you provide during onboarding and ongoing use.

What ThirdTone is not. The Service is a general wellness offering. It is not medical advice, diagnosis, or treatment. It is not a medical device. It is not a substitute for professional medical, psychological, or psychiatric care. Any references to benefits such as relaxation, focus, mood, sleep, or transformation reflect personal experience and traditional sound-practice frameworks, not clinical endorsements. Individual results vary, and no specific outcome is promised.

4. Health Disclaimer

ThirdTone provides audio content intended for general wellness and personal use only. Read this section carefully before using the Service.

• The Service does not diagnose, treat, cure, or prevent any disease or medical condition.
• Consult a qualified healthcare professional before using the Service if you have or suspect you may have any medical or psychological condition, are pregnant, are recovering from surgery, or take prescription medication.
• Do not use the Service if you have photosensitive epilepsy, a seizure disorder, a pacemaker, or another implanted electronic medical device, except with prior medical clearance.
• Do not use the Service while driving, operating heavy machinery, or in any setting where reduced attention or altered states could endanger you or others.
• Listen at a safe, comfortable volume. Prolonged exposure to loud audio can cause hearing damage.
• Stop using the Service and seek medical attention if you experience dizziness, disorientation, headache, nausea, or any other adverse reaction.

You are solely responsible for deciding whether the Service is appropriate for you and for using it safely.

5. Account Registration & Security

Account creation is handled by our identity provider, Clerk, using email or a supported social login. You agree to provide accurate and current information, to maintain that information, and to use the Service under a single account that belongs to you personally. You are responsible for all activity that occurs under your credentials and for keeping them confidential.

Notify us promptly at [email protected] if you suspect unauthorized access to your account. We may suspend or terminate accounts at our reasonable discretion, including where we detect suspicious activity, abuse, or violation of these Terms.

6. Subscriptions, Billing & Renewals

Paid features of the Service are sold exclusively as in-app subscriptions through the Apple App Store and Google Play. We currently offer an annual plan, which may include an optional free trial. Subscription entitlements are managed by RevenueCat on our behalf.

• Auto-renewal. Subscriptions automatically renew at the then-current price for the applicable period unless cancelled at least 24 hours before the end of the current period, in accordance with the rules of the platform store.
• How to cancel. You can cancel at any time in your Apple App Store subscription settings or your Google Play subscription settings. Cancellation cannot be completed inside the ThirdTone app, because the platform store, not ThirdTone, manages billing.
• Free trials. If you start a free trial and do not cancel before it ends, your subscription will convert to a paid plan and your payment method will be charged.
• Price changes. We may change subscription prices. Where required by law or platform rules, we will give you advance notice and an opportunity to cancel before the new price takes effect.
• Payment relationship. All purchases are made directly with Apple or Google. ThirdTone is not a party to that payment transaction and does not receive your payment-card details.

7. Refunds

Because purchases are processed by Apple and Google, refunds are governed by the applicable platform’s policies and must be requested through that platform. ThirdTone does not directly process refunds.

In the case of a clear billing error attributable to us, we may, at our discretion and as a goodwill gesture, request or facilitate a refund. Contact us at [email protected]. Nothing in this Section limits any non-waivable refund or cancellation rights you have under applicable consumer protection law.

8. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the ThirdTone app on devices you own or control, and to stream or download audio content for your personal, non-commercial use.

You may not sell, lease, sublicense, redistribute, publicly perform, broadcast, or commercially exploit any content or functionality of the Service. The license terminates automatically if you breach these Terms or stop using the Service.

9. User Conduct & Acceptable Use

You agree not to, and not to permit anyone else to:

• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent permitted by mandatory law;
• Circumvent, disable, or interfere with security, authentication, rate limits, or DRM features;
• Access the Service through automated means, scrape data, or build a competing service from it;
• Share, resell, or transfer your account, or use the Service through more than one account per person;
• Use the Service to engage in fraud, infringement, harassment, or any unlawful activity;
• Use audio content in environments where impaired attention or altered states could be dangerous, such as while driving or operating equipment, or to broadcast at unsafe volumes or to non-consenting third parties.

10. Intellectual Property

The Service, including all audio recordings, compositions, software, designs, text, images, the ThirdTone name and brand, and the underlying technology, is owned by ThirdTone or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Section 8, no rights are granted to you by implication, estoppel, or otherwise.

You retain ownership of any feedback, suggestions, or ideas you submit. By submitting them, you grant ThirdTone a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and incorporate them into the Service without obligation or compensation to you.

11. User Content & Feedback

If you submit ratings, in-app reactions, written feedback, or other content (“User Content”), you represent that you have the right to do so. You grant ThirdTone a non-exclusive, worldwide, royalty-free license to host, store, process, and use such User Content to operate, improve, and personalize the Service, including to refine our AI personalization layer.

We may remove User Content that we reasonably believe violates these Terms or applicable law.

12. Third-Party Services

The Service relies on third-party providers, including Apple, Google, Clerk (authentication), Convex (backend), Cloudflare (storage and content delivery), OpenRouter and Anthropic (AI models powering personalization), RevenueCat (subscription management), Expo (mobile platform), Sentry (error monitoring), and Mixpanel (product analytics). Your use of those providers’ portions of the Service is also subject to their terms and privacy policies. ThirdTone is not responsible for third-party services or content beyond our reasonable control.

13. AI-Generated Personalization

Parts of the Service, including daily cards and journey narratives, are generated by AI models based on inputs you provide and content in our library. AI outputs may be inaccurate, incomplete, generic, repetitive, or unexpected, and may not reflect your specific situation. We do not warrant that AI-generated outputs are correct or fit for any particular purpose. You should not rely on them as professional advice of any kind.

14. Privacy

Our handling of personal data is described in our Privacy Policy at https://thirdtone.ai/privacy. By using the Service, you acknowledge that personal data is processed as described there.

15. Changes to the Service or Terms

We may modify the Service at any time, including by adding, removing, or changing features and content. We may also update these Terms. If a change is material, we will provide reasonable advance notice by email or in-app notification before it takes effect, and we will update the “Last updated” date above. Your continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms. If you do not agree, your remedy is to stop using the Service and, where applicable, cancel your subscription.

16. Termination

You may delete your account at any time inside the ThirdTone app under Settings. Deletion removes your personal data from our backend, except where retention is required by law or for legitimate business purposes such as fraud prevention, dispute resolution, or as further described in our Privacy Policy. Analytics events that have already been transmitted to sub-processors may persist according to their retention policies.

We may suspend or terminate your access if you breach these Terms, if your use creates risk or legal exposure for us or others, or if we discontinue the Service. Sections that by their nature should survive termination will survive, including Sections 7 (Refunds), 10 (Intellectual Property), 11 (User Content & Feedback), 17 (Disclaimers), 18 (Limitation of Liability), 19 (Indemnification), 20 (Governing Law & Dispute Resolution), and 23 (Miscellaneous).

17. Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, ThirdTone and its licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any AI-generated output will meet your expectations. No advice or information obtained from the Service creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

18. Limitation of Liability

To the fullest extent permitted by law, ThirdTone and its officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or substitute services, arising out of or related to the Service, even if advised of the possibility of such damages.

ThirdTone’s aggregate liability for all claims arising out of or related to the Service is limited to the greater of (a) the total amount you paid to ThirdTone in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100).

These limitations apply regardless of the legal theory on which the claim is based. They do not limit liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by negligence.

19. Indemnification

You agree to defend, indemnify, and hold harmless ThirdTone and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the Service, (c) your User Content, or (d) your violation of any law or third-party right. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

20. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Vermont, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.1 Informal resolution

Before filing any formal claim, you agree to first contact us at [email protected] with a description of the dispute and the relief you seek, and to attempt in good faith to resolve the dispute informally for at least sixty (60) days.

20.2 Binding individual arbitration

If the dispute is not resolved informally, you and ThirdTone agree to resolve it through binding individual arbitration administered by JAMS or, at your election, the American Arbitration Association (AAA), under their then-current consumer rules. The arbitration will be seated in Vermont, USA, conducted in English, and decided by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class-action waiver

You and ThirdTone agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

20.4 Small-claims carveout

Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies under that court’s rules.

20.5 EU, UK, and Switzerland users

If you reside in the European Union, the United Kingdom, or Switzerland, this Section 20 does not deprive you of the protection of any mandatory consumer-law provisions of the country in which you reside, including your right to bring proceedings in your local courts.

21. Apple-Specific Terms

The following terms apply when you use the iOS version of the ThirdTone app obtained from the Apple App Store:

• These Terms are between you and ThirdTone only, not with Apple Inc. (“Apple”). ThirdTone, not Apple, is solely responsible for the app and its content.
• The license granted to you in Section 8 is limited to use of the app on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms.
• Apple has no obligation to furnish any maintenance or support services with respect to the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• ThirdTone, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to applicable legal or regulatory requirements, claims arising under consumer protection or similar legislation, and intellectual property claims.
• You represent that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

22. Google-Specific Terms

If you obtained the ThirdTone app from Google Play, your purchase, including any subscription, is also subject to the Google Play Terms of Service available at https://play.google.com/about/play-terms/. Distribution of the app through Google Play is governed by Google’s terms with developers and is not the responsibility of ThirdTone beyond delivering the app for distribution.

23. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any policies or additional terms we reference, constitute the entire agreement between you and ThirdTone regarding the Service and supersede prior agreements on that subject.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be replaced with one that most closely reflects the original intent.

No waiver. Failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, in whole or in part, including in connection with a merger, acquisition, financing, or sale of assets. Any unauthorized assignment by you is void.

Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, civil unrest, network or infrastructure outages, or government action.

Notices. We may give notices through the app, by email to the address associated with your account, or by posting to the website. You may give notice to us at the address or email below.

24. Contact

Questions about these Terms? Contact us at:

Third Tone Project, Inc.
450 Sparrow Farm Rd
Montpelier, VT 05602
USA
[email protected]