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Terms of Service

Last Updated: April 24, 2025

1. Definitions

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. The Service is not directed to children under 13. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

  1. Registration. Create an account with accurate, complete, and up-to-date information.
  2. Security. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
  3. Notification. Notify Tunely immediately of any unauthorized use of your account.

4. Use of the Service

  1. License Grant. Tunely grants you a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.
  2. Acceptable Use. You agree not to:
    • Upload Content unless you have all necessary rights, licenses, and permissions to do so.
    • Upload Content that infringes any third-party rights or violates any law.
    • Use the Service for unlawful, harmful, or offensive purposes.
    • Interfere with or disrupt the Service or its infrastructure.
  3. AI Transformations & Disclaimer. Transformations are performed via Third-Party APIs (including OpenAI). Results are generated by probabilistic models and may contain errors or artifacts; use them at your own discretion. Your use is subject to OpenAI’s Terms and Usage Policies, and any breach may result in suspension.

5. Ownership and Rights

  1. Your Content. You retain all rights in Content you upload. You grant Tunely a worldwide, royalty-free license to store, display, and process your Content solely to provide the Service.
  2. Transformed Content. You own the rights to Transformed Content. Tunely may use de-identified, aggregated data to improve the Service.
  3. Feedback. If you send suggestions or feedback, you grant Tunely a perpetual, irrevocable license to use it without restriction.

6. Fees and Payment

  1. Photo Packs. Purchase credits in predefined bundles; there are no recurring subscriptions.
  2. Pricing. Prices are in U.S. dollars, exclusive of taxes. Credits expire 12 months after purchase and are forfeited upon expiration.
  3. Billing. Payments are processed by Stripe. By purchasing, you authorize Stripe to charge your payment method.
  4. Refunds. All sales are final, except as required by law.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TUNELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUNELY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE. TUNELY’S AGGREGATE LIABILITY WILL NOT EXCEED THE FEES YOU PAID IN THE PRECEDING 12 MONTHS.

9. Indemnification

You agree to indemnify and hold Tunely and its officers, directors, employees, and agents harmless from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from your breach of these Terms or violation of any law or third-party rights.

10. Modifications to the Service and Terms

  1. Service Changes. We may modify or discontinue the Service (or any features) at any time without notice.
  2. Terms Changes. We may revise these Terms. Material changes will be announced by email or in-app, and continued use constitutes acceptance.

11. Termination

  1. By You. Close your account at any time in your settings.
  2. By Tunely. We may suspend or terminate your access for violations of these Terms or any reason, with or without notice.
  3. Effect. Upon termination, all licenses end and you must cease use of the Service.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California. Any dispute shall be resolved in the state or federal courts of Los Angeles County, California.

13. California Privacy Rights

California residents may request disclosure, access, or deletion of certain personal information as described in our Privacy Policy. Email [email protected] . We will respond within the timeframes required by law.

14. Copyright Policy

If you believe Content hosted on the Service infringes your copyright, send a notice to [email protected] with all information required by 17 U.S.C. §512(c)(3). We will promptly remove infringing material in accordance with the DMCA.

15. Miscellaneous

These Terms constitute the entire agreement between you and Tunely. No waiver is effective unless in writing. If any provision is held invalid, the remaining provisions remain in effect. You may not assign your rights; Tunely may assign its rights without restriction.

California Consumer Notice

Provider: Tunely (sole proprietorship). Email: [email protected] . Mailing address available upon written request.

Under Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services, Department of Consumer Affairs, 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.

By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.