Terms of Service

These Terms of Service (the “Terms”) are the agreement between you and Nordbridge IT Solutions LLC, a limited liability company organized in the United States of America (“Tonaleve”, “we”, “us”, or “our”), governing your use of the tonaleve.app website, the my.tonaleve.app web application, and Tonaleve’s mobile and desktop applications (collectively, the “Service”).

By creating an account, subscribing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please read Section 14 (Dispute Resolution) carefully. It contains a binding arbitration agreement and a class action waiver that affect how claims are resolved, and a mechanism to opt out of that agreement within 30 days.

1. What Tonaleve Is (and Is Not)

Tonaleve is a general wellness software product. It generates personalized sound content —broadband sound, notched sound, and variants— based on a calibration profile that you build yourself using the app, for the purpose of relaxation, sleep, and background noise masking.

We expressly state that:

• Tonaleve is not a medical device and has not been evaluated or cleared by the U.S. Food and Drug Administration (FDA) or by any other health authority.
• It does not diagnose, treat, cure, or prevent any disease, condition, or symptom, including tinnitus or hearing loss.
• The calibration step is not a clinical audiometry or tinnitus matching test: it is an internal adjustment of the sound produced by the app, made with your own equipment, without laboratory calibration, and its result is a non-diagnostic approximation that does not replace an audiological evaluation.
• No health care professionals participate in the Service, and no health care service, consultation, or therapeutic recommendation is provided.
• No equipment or hardware is sold.

For any new, persistent, or worsening symptom, consult a health care professional.

2. Hearing Safety Warnings

The Service plays sound through your headphones or speakers. It is your responsibility to use it at a safe volume:

• Always start with the volume low and increase it gradually. Never use the Service at a volume that is uncomfortable.
• Do not use it while driving, operating machinery, or performing any activity where you need to hear your surroundings.
• Stop use immediately if you experience pain, dizziness, discomfort, or if your tinnitus worsens.

Seek urgent medical attention —and do not use the Service to evaluate it— if you experience sudden hearing loss, tinnitus that appears suddenly in one ear, pulsatile tinnitus (that beats with your pulse), or tinnitus accompanied by vertigo, pain, or ear discharge. You can read the details in safety and limitations.

3. Who May Use the Service

You must be 18 years of age or older and have the legal capacity to enter into contracts. The Service is not directed at minors, and we do not knowingly collect data from minors. If you subscribe on behalf of another person or an organization, you represent that you have the authority to bind them.

4. Your Account

• To use the subscription version, you need an account identified by your email address. Access is granted through a one-time code sent to that email: there is no password to remember or that can be leaked.
• You are responsible for maintaining control of your email account and of the devices linked to your account. You can view and unlink your devices from the app at any time.
• The account is personal and non-transferable. Do not share or resell it.
• Notify us immediately if you suspect unauthorized use.

5. Subscription, Free Trial, and Automatic Renewal

This section describes how the Service is billed. Before you confirm your subscription, we show you, on the same screen and without the need to open any link: the price, the billing frequency, the length of the free trial, the exact date of the first charge, and how to cancel.

5.1 Free Trial

Plans that offer it include a free trial period, whose exact length is stated on the plans page, on the subscription screen, and in the sign-up email. During the trial you are not charged anything. If you cancel before it ends, no charge is generated.

5.2 Automatic Renewal

When the trial ends, and then at the end of each period, the subscription renews automatically and is charged automatically to the payment method you registered, at the plan’s then-current price, until you cancel it. By subscribing, you give your express consent to this automatic renewal.

Plans currently in effect:

Amounts are stated in U.S. dollars and do not include taxes, withholdings, or fees that your bank or card issuer may apply. The price and the date of the next charge shown on the subscription screen take precedence over this table.

5.3 How to Cancel

You cancel through the same channel you used to subscribe. If you subscribed online, you cancel online, in two clicks, from your account at my.tonaleve.app: there is no need to call, write an email, or give any explanation. Cancellation can be done at any time and takes effect at the end of the already billed period: you keep access until that date and no new charge is generated.

If you subscribed through Apple’s App Store or Google Play, the subscription is managed and canceled from your account in that store, in accordance with its own rules.

5.4 Refunds

Unless applicable law provides otherwise, payments are non-refundable and are not prorated if you cancel in the middle of a period: you keep access until it ends. If you notice an incorrect charge, a duplicate charge, or an access problem, write to us at [email protected] or open a claim from your account: we review these on a case-by-case basis and, when appropriate, refund the amount.

5.5 Failed Payments

If a charge fails, it is retried for a few days. In the meantime, the account enters a grace period during which you retain access. If, once retries are exhausted, the payment still has not gone through, the subscription is canceled and access reverts to the non-subscription version.

5.6 Price Changes

We may change prices. If the change affects your current subscription, we will notify you by email at least 30 days in advance, and the new price will only apply starting with the next period, so that you can cancel beforehand if you do not agree.

6. Payment Processing

Payments are processed by Stripe. Tonaleve does not receive, see, or store your card data: we only store customer and subscription identifiers, the plan, the status, and the dates. By paying, you also agree to the processor’s terms.

7. Acceptable Use

You may use the Service for your personal, non-commercial use. You may not: use it to diagnose or treat other people; present its results as a clinical measurement; resell, sublicense, or commercially exploit it; copy, decompile, or reverse engineer the Service; extract its content in an automated manner; interfere with its operation or security; or circumvent its access or subscription controls.

The complete terms of responsible use are in the legal notice and acceptable use policy, which forms part of these Terms.

8. Intellectual Property

The Service, its software, audio engines, text, design, and trademarks are the property of Nordbridge IT Solutions LLC or its licensors. We grant you a limited, personal, revocable, non-exclusive, and non-transferable license to use the Service in accordance with these Terms. No other right is transferred.

The profile you build and the notes you record are yours: they are stored on your device and you can export or delete them whenever you want.

9. Content and Availability

We may modify, suspend, or discontinue features of the Service. If we discontinue a substantial feature of a paid plan, we will notify you with reasonable advance notice. We do not guarantee that the Service will be available uninterrupted or error-free.

10. Disclaimer of Warranties

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including —to the maximum extent permitted by law— the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any outcome: we do not promise that your tinnitus will decrease, disappear, or become less bothersome, nor that your sleep or concentration will improve.

11. Limitation of Liability

To the maximum extent permitted by law, neither Nordbridge IT Solutions LLC nor its partners, employees, or suppliers will be liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, data loss, or reputational harm, arising from the use of or inability to use the Service.

Our total cumulative liability for any claim related to the Service will not exceed the greater of (a) the amounts you paid us in the 12 months prior to the event giving rise to the claim, and (b) US$ 100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in that case, these limitations apply to the maximum extent permitted by law.

12. Indemnification

You will hold us harmless from third-party claims arising from your breach of these Terms, your misuse of the Service, or your violation of third-party rights.

13. Suspension and Termination

We may suspend or close your account if you breach these Terms, if there are indications of fraud or abusive use, or if required by law. You may close your account whenever you want. Sections 8, 10, 11, 12, 14, and 15 survive termination.

14. Dispute Resolution: Arbitration and Class Action Waiver

Please read this section carefully: it changes how claims are resolved.

14.1 Informal Negotiation

Before initiating any formal proceeding, write to us at [email protected] describing the problem. Most claims are resolved this way. We allow ourselves 60 days to attempt a resolution.

14.2 Binding Arbitration

If we do not reach a resolution, any dispute relating to these Terms or to the Service will be resolved by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act. The arbitration will be conducted remotely or, if you prefer, in the county where you reside.

14.3 Class Action Waiver

Claims must be brought on an individual basis. You and we waive any right to initiate or participate in class actions, group actions, or consolidated arbitrations, and the arbitrator may not consolidate claims from multiple people. If this waiver is found unenforceable with respect to a particular claim, that claim —and only that claim— will be litigated in court.

14.4 Small Claims Court Exception

Either party may bring a qualifying claim in small claims court instead of arbitration.

14.5 How to Opt Out of Arbitration

You may opt out of the arbitration agreement and the class action waiver by sending an email to [email protected] with the subject line “Arbitration Opt-Out,” your name, and your account email, within 30 days of your first acceptance of these Terms. Opting out does not affect your subscription or your access to the Service in any way.

15. Governing Law

These Terms are governed by the federal laws of the United States of America and by the laws of the state where Nordbridge IT Solutions LLC is organized, without regard to their conflict of laws provisions, and without prejudice to any non-waivable rights granted to you by the law of your habitual place of residence.

16. Changes to These Terms

We may update these Terms. If the change is substantial, we will notify you by email or within the app at least 30 days in advance. The “last updated” date at the top of this page indicates the version in effect. If you continue using the Service after the change takes effect, you are deemed to accept the new version.

17. Miscellaneous

If any provision is found invalid, the rest remains in effect. Failure to exercise a right does not constitute a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a reorganization or sale of the business. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, and the legal notice, constitute the entire agreement between the parties.

18. Contact

Nordbridge IT Solutions LLC — Tonaleve Legal and contractual inquiries: [email protected] Privacy and personal data: [email protected]