Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and Tonubi LLC (“Tonubi,” “we,” “us,” or “our”), a Missouri limited liability company. They apply to your use of tonubi.com (the “Website”), the Tonubi waitlist, mobile applications published by Tonubi (the “Apps”), and any design or development services we provide (the “Services”). If you use the Website or Apps on behalf of a company, you confirm that you are authorized to accept these Terms for that company.

Our Privacy Policy and Refund Policy form part of these Terms. If you do not agree to these Terms, please do not use the Website or Apps.

2. About Tonubi

Tonubi is a digital studio. We design, develop and publish our own subscription-based mobile applications on Apple’s App Store, and we provide website, mobile app and web-based software development services to businesses, primarily in the United States and Canada.

3. Eligibility

You must be at least 18 years old, or the age of majority where you live, to engage our Services or join the waitlist. Our Apps may be used by people aged 13 and older, subject to Apple’s requirements and any age rating shown on the App Store.

4. Using the website

You agree to use the Website lawfully and not to:

• violate any applicable law or the rights of others;
• submit false information or impersonate any person or entity;
• attempt to gain unauthorized access to our systems, or interfere with the Website’s security or operation;
• use automated means to scrape, submit forms or collect data from the Website without our written permission; or
• upload or transmit malware or any harmful code.

5. Waitlist

Joining the waitlist is free and creates no obligation for you or for us. It does not guarantee access to any App, feature, launch date, price or project slot. We may send you emails related to the interest you selected, and you can unsubscribe at any time. We handle waitlist data as described in our Privacy Policy.

6. Client services

Each client engagement is described in a written proposal, statement of work or services agreement (a “Project Agreement”) that sets out the scope, deliverables, timeline, fees and payment schedule. If a Project Agreement conflicts with these Terms, the Project Agreement controls for that engagement.

• Pricing shown on the Website is a starting point for typical projects and is not an offer. The binding price is the one stated in your approved Project Agreement.
• Client responsibilities: you agree to provide timely feedback, accurate information and any content, credentials or approvals needed for the project. You confirm that you have the rights to all materials you provide to us.
• Changes in scope are agreed in writing and may change the timeline or fees.
• Confidentiality: each party will keep the other’s non-public business information confidential and use it only for the engagement. We are happy to sign a mutual non-disclosure agreement on request.
• Acceptable projects: we may decline any project at our discretion, including work that is unlawful, deceptive, infringing, or that we believe could harm others.

7. Fees and payment

Fees for Services are stated and invoiced in U.S. dollars. Unless your Project Agreement says otherwise, projects typically require a deposit before work begins, with the remaining balance due at the milestones described in the Project Agreement. Invoices are due within 14 days of issue. Fees exclude applicable taxes and third-party costs (such as domain names, hosting, licensed fonts or Apple Developer Program fees), which are billed separately or paid directly by you.

If an invoice is more than 30 days overdue, we may pause work after giving you written notice. Refunds and cancellations are governed by our Refund Policy. Care & Hosting plans are billed monthly in advance and may be cancelled at any time, effective at the end of the current billing period.

8. Intellectual property

Website and Apps

The Website, the Apps and all related content, design, code, logos and trademarks, including the Tonubi name and logo, are owned by Tonubi or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute or create derivative works from them without our written permission, except as allowed by law.

Client deliverables

Upon receipt of full payment, the client owns the final deliverables created specifically for the client under a Project Agreement, including final design files and source code. Tonubi keeps ownership of its pre-existing materials, general know-how and reusable tools, and grants the client a perpetual, non-exclusive license to use any of them incorporated into the deliverables. Third-party and open-source components remain subject to their own licenses. Unless the client asks us not to in writing, we may describe the project in our portfolio without disclosing confidential information.

9. Tonubi apps and subscriptions

Our Apps are distributed through Apple’s App Store and are licensed, not sold, to you. Your use of an App is also subject to Apple’s Media Services Terms and Conditions and the Licensed Application End User License Agreement, unless an App provides its own end-user agreement.

• Billing by Apple: all purchases, free trials and subscriptions are processed and billed by Apple using the payment method linked to your Apple Account. Tonubi does not receive your payment card details.
• Auto-renewal: subscriptions renew automatically at the end of each period at the price shown at purchase, unless you cancel at least 24 hours before the end of the current period.
• Free trials: if a free trial is offered, it converts to a paid subscription at the end of the trial unless cancelled at least 24 hours before it ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Managing and cancelling: you can manage or cancel subscriptions at any time in your device’s Settings under your Apple Account, or in the App Store.
• Refunds: refunds for App Store purchases are handled by Apple, as described in our Refund Policy.
• Apple’s role: Apple is not responsible for the Apps or their content, maintenance, support or any related claims. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the Apps and may enforce them.

The Apps are designed for general productivity and personal wellbeing. They do not provide medical, legal, financial or other professional advice.

10. Third-party services

The Website, Apps and Services may link to or rely on third-party websites, platforms and services. We do not control them and are not responsible for their content, policies or practices. Your use of them is governed by their own terms.

11. Disclaimers

Except as expressly stated in a Project Agreement, the Website and Apps are provided “as is” and “as available.” To the fullest extent permitted by law, Tonubi disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Website or Apps will be uninterrupted, error-free or free of harmful components, or that any project will achieve a particular business result, ranking or revenue.

12. Limitation of liability

To the fullest extent permitted by law, Tonubi will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill. Tonubi’s total liability for any claim relating to the Website, Apps or Services is limited to the greater of (a) the amount you paid to Tonubi for the Services giving rise to the claim in the 12 months before the claim, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

13. Indemnification

You agree to defend and indemnify Tonubi against third-party claims, losses and reasonable legal fees arising from your misuse of the Website or Apps, your violation of these Terms, or materials you provide to us that infringe the rights of others.

14. Governing law and disputes

These Terms are governed by the laws of the State of Missouri and applicable U.S. federal law, without regard to conflict-of-law rules. Before filing any claim, each party agrees to try to resolve the dispute informally by contacting the other in writing and negotiating in good faith for at least 30 days. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in the State of Missouri, and both parties consent to their jurisdiction. Nothing in this section prevents either party from seeking relief in small-claims court, where eligible.

15. General terms

• Changes: we may update these Terms from time to time. The “Last updated” date shows the latest version. Material changes will be announced on the Website before they take effect. Changes do not affect a signed Project Agreement.
• Termination: we may suspend access to the Website or Apps for anyone who violates these Terms.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: failing to enforce a provision is not a waiver of our right to do so later.
• Assignment: you may not transfer these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Entire agreement: these Terms, together with any Project Agreement and the policies referenced above, are the entire agreement between you and Tonubi on this subject.

16. Contact

Questions about these Terms can be sent to hello@tonubi.com.