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Terms of Service – Tonaly for iOS and macOS

Last updated: 2025-12-03

1. Introduction

These Terms of Service (“Terms”) govern the use of the Tonaly application for iOS and macOS (“Application”) and all associated services (“Service”).

By installing or using the Application, Users agree to these Terms and to
Apple’s Standard End User License Agreement (EULA).

The Application is operated by:

Christian Hengst | Design & Code
Elsaßstraße 1
Atelier H/M/R
50677 Köln, Germany
Email: buero@christianhengst.de

The Application is distributed exclusively via the official Apple App Store.
Any installation obtained from other sources—including modified, sideloaded, or otherwise unofficial versions—is unauthorized and unsupported.
The Owner assumes no responsibility for the performance, security, or integrity of such versions.

Users must comply with the age rating displayed on the Apple App Store listing.

2. License and Permitted Use

2.1 License grant

The Owner grants Users a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Application on Apple-approved devices strictly in accordance with these Terms and applicable laws.

2.2 Restrictions

Users may not:

  • copy, modify, translate, distribute, or reverse-engineer the Application;
  • circumvent technical protections, export limitations, or access controls;
  • use the Application obtained from sources other than the Apple App Store;
  • use the Application in any manner that infringes third-party rights or violates applicable laws;
  • attempt to gain unauthorized access to systems or resources related to the Service.

The Owner may suspend or terminate access if these Terms are violated.

3. Content, Audio Assets, and User-Generated Works

3.1 Proprietary content (audio assets, song templates, chord symbol library, and related materials)

All proprietary content provided within the Application—including audio assets such as instrument sounds and samples used to play back chords and chord progressions, as well as song templates, chord symbol libraries, scale collections, theoretical models, diagrams, and all related materials—is the exclusive property of the Owner or its licensors.

Users may use these materials only within the Application.

Users may not:

  • extract, isolate, copy, re-record, or reuse any audio assets, samples, or instrument sounds outside the Application;
  • export or repurpose proprietary templates, libraries, diagrams, or symbolic/theoretical content except through officially provided mechanisms;
  • incorporate such materials into external applications, sample libraries, products, educational resources, or publications;
  • distribute, resell, sublicense, or create derivative products based on these assets or materials.

3.2 User-generated works

Users retain full ownership of their original chord progressions and harmonic structures created within the Application.

However:

  • Users may only make use of their progressions through the officially provided mechanisms within the Application.
  • Users may not extract or repurpose internal audio assets or proprietary content associated with their progressions except as permitted by such mechanisms.
  • Any attempt to isolate or reuse internal audio content or proprietary theoretical assets outside the Application is prohibited.

The Application provides a section containing chord information associated with well-known or popular songs.

Users acknowledge that:

  • this content is for educational and reference purposes only;
  • the Application does not claim ownership of any musical works referenced;
  • all copyrights remain with the respective rights holders;
  • no guarantee is provided regarding the correctness, accuracy, completeness, or suitability of the displayed song-related chord information;
  • Users are responsible for ensuring their use of such content complies with applicable copyright laws.

The Owner does not provide licensed sheet music or official transcriptions.

The Application may allow Users to share song links that encode song structures, chord progressions, or similar information.
Such links are generated locally on the User’s device and are not stored, transmitted, or processed on any server operated by the Owner.

Users acknowledge that:

  • shared links may contain theoretical or structural representations that may not be fully accurate;
  • the Owner does not guarantee compatibility, correctness, or successful opening of such links on other devices or Application versions;
  • Users are solely responsible for ensuring that any information they share does not violate copyright or other applicable laws.

The Owner assumes no liability for shared content or for how recipients use such links.

4. Cloud synchronization and data loss

The Application may synchronize certain user data, including musical compositions, through Apple’s iCloud services.
Synchronization depends entirely on Apple’s systems, device settings, network conditions, and the User’s Apple ID configuration.

The Owner does not guarantee that any data will be successfully synchronized, stored, or restored. The Owner cannot be held liable for any loss, corruption, or failure of data resulting from:

  • iCloud synchronization issues or limitations;
  • device or operating system errors;
  • Apple ID configuration problems;
  • accidental deletion;
  • any circumstances outside the Owner’s control.

Users are solely responsible for maintaining their own backups or copies of important data where required.

5. Theoretical content, chord suggestions, and instrument representations

The Application may provide chord progressions, harmonic suggestions, scale information, and other theory-related content. It may also display chords, intervals, patterns, or scales on integrated instrument interfaces such as fretboard views or piano representations.

All such content is created and maintained to the best of the Owner’s knowledge and intent, based on established theoretical principles and internal algorithms.
However, Users acknowledge that:

  • theoretical content, chord suggestions, and scale information may contain inaccuracies, omissions, or non-standard interpretations;
  • the visual representation of notes, chord shapes, voicings, intervals, or scale patterns on fretboards, pianos, or other instruments is not guaranteed to be correct, complete, or theoretically consistent;
  • structural or positional inaccuracies may occur due to algorithmic limitations or interpretation differences;
  • the correctness and suitability of displayed content must be verified by the User.

The Owner does not guarantee the accuracy of:

  • harmonic recommendations, progression suggestions, or functional analyses;
  • fretboard or piano representations;
  • note positions, chord voicings, or scale shapes;
  • transpositions, enharmonic spellings, or interval calculations.

6. MIDI export compatibility

The Application may allow the export of musical data in MIDI or other formats.
The Owner does not guarantee:

  • compatibility with all digital audio workstations (DAWs), software, or hardware;
  • preservation of expressive or theoretical information;
  • the accuracy or completeness of exported files;
  • identical behavior across systems or devices.

Format limitations and variations in DAW interpretation are not grounds for liability.

7. Leadsheet Export (PDF)

The Application may allow Users to generate and export PDF leadsheets containing chord symbols, structural information, harmonic overviews, or other music-theory-related representations.

Users acknowledge that:

  • exported leadsheets are generated automatically based on internal algorithms;
  • the correctness, completeness, formatting, or theoretical accuracy of exported leadsheets is not guaranteed;
  • chord symbols, tonal relationships, and structural annotations may contain inaccuracies or reflect non-standard interpretations;
  • exported leadsheets are provided solely for educational and personal reference purposes.

Users are solely responsible for ensuring that any leadsheets they export or distribute comply with copyright laws applicable in their jurisdiction.
The Owner does not authorize the reproduction or distribution of copyrighted musical works and accepts no liability for any infringements caused by Users.

8. Promotional content

The Application may display promotional content related to the Owner’s other products or services.
No third-party advertising networks are used.

9. Beta features (including TestFlight)

Certain features of the Application may be marked as experimental or may be available through TestFlight beta versions.

Beta features:

  • may be incomplete, unstable, or subject to change;
  • may cause data loss, errors, or unexpected behavior;
  • may be removed at any time without prior notice.

Use of beta features is at the User’s own risk.

10. Changes to Content and Features

The Owner may add, remove, or modify features, instruments, templates, theory content, diagrams, or other aspects of the Application at any time and without prior notice.
Users acknowledge that certain content or features may become unavailable in future updates or due to platform or operating system changes.

11. Legacy Users (previous paid versions)

Users who purchased the Application under the previous one-time purchase model (“Legacy Users”), including buyers of the former macOS version Tonaly Pro, may continue to access the full functionality that was available to them at the time of their purchase, without requiring a subscription.

Such continued access is dependent on Apple’s purchase receipt system and the correct validation of the User’s historical entitlement. Users acknowledge that:

  • access for Legacy Users is granted based solely on Apple’s verified purchase history;
  • the Owner cannot guarantee Legacy entitlement if the App Store receipt is missing, invalid, corrupted, unverified, associated with a different Apple ID, or otherwise not recognized by Apple’s systems;
  • the Owner has no ability to recreate or manually restore purchase history if Apple does not provide valid receipt data;
  • functionality available to Legacy Users may be affected by major platform, operating system, or App Store infrastructure changes outside the Owner’s control.

The Owner will make reasonable efforts to preserve Legacy access but assumes no liability if entitlement cannot be restored due to technical or platform restrictions.

12. Service Availability, Maintenance, and Discontinuation

12.1 Availability

The Service is provided on an “as is” and “as available” basis.
The Owner does not guarantee:

  • uninterrupted or error-free operation;
  • compatibility with all current or future devices or operating systems;
  • availability in all geographic locations.

12.2 Maintenance and modifications

The Owner may temporarily suspend the Service for maintenance, security updates, or improvements.
Reasonable efforts will be made to minimize disruptions.

12.3 Discontinuation and refunds

The Application or any portion of the Service may be suspended or discontinued at any time.

If the Application becomes unavailable, is discontinued, or is removed from the App Store:

  • the Owner will not issue refunds for past purchases or subscriptions;
  • refund requests must be directed exclusively to Apple, which may authorize refunds at its discretion.

Users can learn how to request a refund here:
https://support.apple.com/HT204084

13. Subscriptions and In-App Purchases

13.1 Payments

All payments—including subscriptions, one-time purchases, and lifetime unlocks—are processed solely through Apple’s in-app purchase system.
The Owner does not process or store payment information.

13.2 Automatic renewal

Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date through the User’s Apple account settings.

13.3 Pricing and changes

Prices may change as permitted by Apple’s policies.
Users will be notified by Apple as required.

13.4 Refunds

The Owner does not issue refunds. Refund determinations are handled exclusively by Apple:
https://support.apple.com/HT204084

13.5 Free trial

If offered, free trials are managed entirely through Apple’s App Store system.

Users acknowledge that:

  • trial periods automatically convert into paid subscriptions unless cancelled before the trial ends;
  • cancellation must be performed through Apple account settings;
  • the Owner does not control trial behavior;
  • the Owner does not issue refunds for charges incurred after a trial ends.

14. Acceptable Use

Users may not:

  • use the Service for unlawful, harmful, fraudulent, or abusive activities;
  • upload or transmit harmful code, malware, or unauthorized data;
  • interfere with or disrupt Service functionality or infrastructure;
  • circumvent or attempt to circumvent security measures;
  • use the Application in a manner that burdens or degrades the Service.

The Owner may restrict or terminate access in case of misuse.

15. Liability, Disclaimers, and Consumer Protection

15.1 General limitation of liability

To the maximum extent permitted by law, the Owner is not liable for:

  • direct, indirect, incidental, or consequential damages;
  • damage to instruments, hardware, hearing, or personal injury;
  • data loss, loss of profits, or business interruption;
  • issues arising from unauthorized or modified versions of the Application;
  • disruptions caused by force majeure events including network outages or platform-level changes.

15.2 No warranties

The Service is provided without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement.

15.3 Local consumer rights

Where local consumer protection laws provide non-excludable rights, those rights prevail in case of conflict.

16. Privacy

Use of the Application is subject to the Privacy Policy available in the Application or App Store listing.

17. Modifications to These Terms

The Owner may update these Terms at any time.
Changes take effect upon publication.
Continued use constitutes acceptance. Users who do not agree must discontinue use.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Germany.
Exclusive jurisdiction is Cologne (Köln), Germany, unless mandatory law requires otherwise for consumers in their country of residence.

19. Contact

For questions or complaints, Users may contact:

Email: buero@christianhengst.de
Address: Christian Hengst | Design & Code, Elsaßstraße 1; Atelier H/M/R, 50677 Köln, Germany