Terms of Use
These Terms of Use (the "Terms") govern your access to and use of Tuned (the "Service"), provided by Tuned LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Overview
Tuned enables partygoers to tip and request songs from DJs and enables DJs to manage requests and payouts. Certain features for DJs are available via paid subscriptions.
2. Eligibility
You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. If you are under 18, you must have your parent or guardian’s permission.
3. Account Registration
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Provide accurate information and promptly update any changes.
4. Subscriptions & Billing
We may offer subscription plans for DJs and/or venues that unlock premium features ("Subscription"). Subscriptions renew automatically at the end of each billing period unless canceled. When you start a Subscription, you authorize us (and our payment processor) to charge your payment method the then-current price, plus any applicable taxes, on a recurring basis until you cancel.
- Billing Cycle: Monthly unless otherwise stated during signup.
- Payment Processor: Payments are processed by third parties (e.g., Stripe). Your payment information is handled according to their terms and privacy notices.
- Taxes: You are responsible for any applicable taxes.
- Failed Payments: If a payment fails, we may suspend or terminate access to Subscription features until payment is successfully processed.
5. Free Trials
If we offer a free trial, your Subscription will convert to a paid plan at the end of the trial unless you cancel before the trial ends. We will disclose trial length during signup.
6. Price Changes
We may change Subscription pricing or features with advance notice. Price changes take effect at the start of your next billing period after notice. If you do not agree, you may cancel before the next renewal.
7. Cancellations
You can cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period; you will retain access to premium features until then. Cancellations are handled by Apple. To cancel, follow the instructions listed here.
8. Refunds
Except where required by law, fees are non-refundable and partially used billing periods are not prorated. If you believe you were charged in error, contact us within 14 days at salomonp@tunedapp.co.
9. Chargebacks & Disputes
Initiating a chargeback without first contacting support may result in account suspension. We reserve the right to dispute chargebacks and provide evidence of authorization and usage.
10. Tips & Payouts
Tips submitted by users are processed via our payment partner (e.g., Stripe). Payouts to DJs require successful onboarding and compliance checks with the payment partner. We may delay or withhold payouts to comply with legal or risk obligations.
11. Acceptable Use
You agree not to misuse the Service. Prohibited behavior includes: violating laws; infringing others’ rights; attempting to access accounts or data without authorization; interfering with the Service’s operation; using the Service for fraud, scams, or money laundering.
12. User Content
You may submit content (e.g., profile info, song requests). You retain your rights to your content; however, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your content solely to operate and improve the Service. You warrant you have the necessary rights to the content you submit.
13. Intellectual Property
The Service, including its software, branding, and content (excluding your content), is owned by Tuned LLC or its licensors and is protected by intellectual property laws. We grant you a limited, non-transferable, revocable license to use the Service for its intended purpose.
14. Third-Party Services
The Service may integrate with third-party services (e.g., Stripe for payments). Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for third-party services.
15. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Tuned LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
17. Indemnification
You agree to indemnify and hold Tuned LLC harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or violation of these Terms.
18. Termination
We may suspend or terminate your access to the Service at any time for any reason, including for violations of these Terms or risk-related concerns. Upon termination, your license to use the Service ends immediately.
19. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles. You agree to the exclusive jurisdiction and venue of courts located there, unless applicable law requires otherwise. If you are a U.S. user, you and Tuned LLC agree to first attempt to resolve disputes informally by contacting salomonp@tunedapp.co within 30 days of the dispute. Nothing here prevents either party from seeking injunctive or equitable relief.
20. Changes to the Service and Terms
We may modify or discontinue parts of the Service at any time. We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., in-app notice or email). Your continued use after the effective date of changes constitutes acceptance.
21. Contact
Tuned LLC
Email: salomonp@tunedapp.co
This document is provided for informational purposes and does not constitute legal advice. Consider consulting an attorney to tailor these Terms for your specific use case and jurisdiction.