1.1 Acceptance of these Terms
These Terms of Service govern your download, installation, access to, and use of ToneEQ. By downloading, accessing, or using ToneEQ, you agree to these Terms, the Privacy Policy, and, if you purchase ToneEQ Pro, the Subscription Terms. If you do not agree, do not use the App.
If you download ToneEQ through Apple’s App Store, your use is also subject to Apple’s applicable terms, including the Apple Licensed Application End User License Agreement and Apple Media Services Terms and Conditions. If mandatory law gives you rights that cannot be waived, these Terms do not limit those rights.
1.2 Eligibility
You must be legally capable of entering into a binding agreement in your country or region. If you are under the applicable age of majority, a parent or legal guardian must review and accept these Terms for you and supervise your use of the App. Purchases are also subject to Apple’s account, family, parental-control, and purchase-authorization rules.
1.3 What ToneEQ Does
ToneEQ is a device-aware equalizer and local music player for iPhone. Depending on the App version, your device, your permissions, your subscription status, and service availability, ToneEQ may allow you to:
- import and play compatible, non-protected local audio files;
- create and apply headphone, speaker, DAC, car-audio, or other output-device sound profiles;
- use a 10-band graphic equalizer and automatic safety preamp;
- use AutoEQ-derived reference presets included with the App;
- use a parametric equalizer;
- compare sound using guided A/B Listening Match and create preference profiles;
- restore profiles when the active audio output changes;
- browse or play authorized Apple Music content through Apple’s system music player;
- import and export ToneEQ profile data in JSON format; and
- synchronize eligible profile data through the user’s private iCloud database.
The free version currently includes local playback, Apple Music integration, the basic graphic equalizer, and one device profile. ToneEQ Pro currently unlocks the parametric equalizer, multiple device profiles, device automation, Listening Match, profile layers, profile import/export, and private iCloud profile synchronization. Features may evolve as described in Section 1.11.
1.4 Important Audio and Platform Limitations
ToneEQ software equalization applies only to compatible audio played through ToneEQ’s own audio engine. Protected streaming audio, including Apple Music content, is played through Apple’s platform player and is not processed by ToneEQ’s software equalizer. Apple Music availability, catalog results, playback, and subscription requirements are controlled by Apple and may vary by country or region.
AutoEQ presets, safety preamp values, equalizer curves, Listening Match results, and device-detection results are reference tools. They do not guarantee a particular acoustic result, compatibility with every device, prevention of clipping in every signal chain, or correction of hardware defects.
1.5 Hearing and Safety Notice
Listening at high volume can cause temporary or permanent hearing damage. Equalization may increase energy in selected frequency ranges, and perceived loudness can vary between recordings, devices, and output routes. Start at a low volume, avoid prolonged exposure to loud sound, and follow device-manufacturer and public-health guidance.
ToneEQ is not a medical device and does not diagnose, treat, cure, or prevent hearing loss, tinnitus, or any other medical condition. Listening Match reflects subjective preferences and is not a hearing examination. Seek advice from a qualified professional if you have hearing concerns.
You are responsible for using ToneEQ safely, including when driving, cycling, operating equipment, or in any setting where reduced awareness may be dangerous or unlawful.
1.6 License and Acceptable Use
Subject to these Terms and the applicable Apple license terms, the Provider grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use ToneEQ on Apple-branded devices that you own or control, solely for lawful personal use.
You must not:
- copy, redistribute, sell, rent, sublicense, or commercially exploit the App except as expressly permitted by law;
- reverse engineer, decompile, disassemble, bypass, or interfere with the App, its security, entitlement checks, purchase flow, or technical restrictions, except where applicable law expressly permits such activity;
- use ToneEQ to infringe copyright, privacy, publicity, trademark, or other rights;
- import, play, export, or share audio or profile data that you do not have the right to use;
- attempt to extract, record, download, decrypt, or reprocess protected Apple Music audio through ToneEQ;
- use the App in a way that harms the App, Apple services, CloudKit, other users, or any network or device; or
- use the App for unlawful, fraudulent, or abusive purposes.
1.7 Your Audio Files and Profile Data
You retain your rights in audio files and profile data that you import or create. You are responsible for ensuring that you have all rights needed to use your audio files with ToneEQ. ToneEQ does not grant you rights to music or other material owned by someone else.
Local audio files remain in the location selected through Apple’s file picker. ToneEQ stores a security-scoped bookmark and limited metadata so it can reopen the selected file. ToneEQ does not upload local audio files to the Provider or to ToneEQ’s CloudKit profile-sync zone.
If you use ToneEQ Pro while iCloud is available, ToneEQ automatically stores eligible device profiles and listening-preference data in the private CloudKit database associated with your Apple Account. Details are provided in the Privacy Policy.
Profile export creates a JSON document at your request. Once you export or share that document, its storage, security, and disclosure are under your control and may be governed by the destination service’s terms.
1.8 Apple and Third-Party Services
ToneEQ relies on Apple frameworks and services, including the App Store, StoreKit, Apple Music/MusicKit, iCloud/CloudKit, the Files picker, and system audio services. Your use of those services is governed by Apple’s terms and privacy policies. The Provider does not control and is not responsible for Apple service outages, account restrictions, catalog changes, regional limitations, or decisions by Apple.
ToneEQ may display links to third-party websites. Those websites are governed by their own terms and privacy practices. A link does not imply endorsement.
Apple is not responsible for maintaining or supporting ToneEQ. To the extent required by Apple’s applicable terms, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App-license provisions against you.
1.9 Third-Party Data, Audio, and Notices
ToneEQ includes AutoEQ-derived reference information and bundled listening excerpts from third-party or public-domain sources. Applicable source, attribution, modification, and license notices are available inside the App and in the accompanying notices. Third-party names and trademarks belong to their respective owners and do not imply sponsorship or endorsement of ToneEQ.
Third-party and open-source materials remain subject to their respective licenses. If a third-party license conflicts with these Terms solely as to that material, the third-party license controls for that material.
1.10 ToneEQ Pro
ToneEQ Pro is offered through Apple’s in-app purchase system as an auto-renewable subscription. Purchases, billing, renewal, cancellation, refunds, eligibility for trials, and subscription management are subject to the Subscription Terms and Apple’s rules.
If a subscription expires or is revoked, Pro-only features become unavailable. Data you created while subscribed may remain locally on your device or in your private iCloud database, but continued access to Pro-only editing, automation, transfer, or synchronization features may require an active subscription.
1.11 Changes, Updates, and Availability
We may maintain, improve, replace, add, remove, or discontinue features when reasonably necessary for security, legal compliance, platform compatibility, service reliability, or product development. We will not knowingly deprive you of a paid subscription benefit during an already-paid period except where required by law, Apple, security needs, or circumstances beyond our reasonable control.
The App may require a supported version of iOS, compatible hardware, free device storage, an internet connection for online features, an Apple Account, an active iCloud account for cloud synchronization, and an eligible Apple Music subscription for some Apple Music functionality. We do not guarantee uninterrupted or error-free operation.
Updates may be required to continue using some features. You are responsible for backing up exported profiles and maintaining copies of audio files you wish to keep.
1.12 Suspension and Termination
You may stop using ToneEQ at any time. Deleting the App does not automatically cancel an App Store subscription and may not remove data stored in iCloud.
We may suspend or terminate access to the App or particular features if you materially breach these Terms, misuse the App, create security or legal risk, or if continued operation is prohibited or made impracticable by Apple or applicable law. Where reasonably possible, this will not affect rights that mandatory consumer law preserves.
1.13 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONEEQ IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE PROVIDER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT TONEEQ WILL MEET EVERY AUDIO PREFERENCE, WORK WITH EVERY FILE OR OUTPUT DEVICE, PREVENT ALL CLIPPING OR HEARING RISKS, OR REMAIN COMPATIBLE WITH EVERY VERSION OF IOS OR THIRD-PARTY SERVICE. NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED.
1.14 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, CONTENT, PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO TONEEQ.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO TONEEQ WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR TONEEQ DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$50. These limitations do not apply to liability that cannot be limited under applicable law, including any applicable liability for fraud, willful misconduct, death, or personal injury.
1.15 Governing Law and Disputes
These Terms are governed by applicable law, without depriving you of any mandatory consumer protection provided by the law of your place of residence. Any dispute will be heard by a court with competent jurisdiction under applicable law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing a formal claim, you and the Provider agree to make a reasonable good-faith effort to resolve the dispute by contacting the other party. This does not restrict either party from seeking urgent injunctive relief or using a small-claims or consumer-protection process where available.
1.16 Changes to these Terms
We may update these Terms to reflect changes to ToneEQ, Apple’s requirements, or applicable law. We will update the “Last updated” date and, when required, provide additional notice. Changes apply prospectively. If you do not agree to revised Terms, you must stop using the App and cancel any subscription before its next renewal.
1.17 Contact
Questions about these Terms may be sent to:
Independent developer of ToneEQ edwardsimon335@gmail.com