Terms of Service – Tuny for iOS and macOS
Last updated: 2025-12-03
1. Introduction
These Terms of Service (“Terms”) govern the use of the Tuny 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): https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
The Application is operated by:
Christian Hengst | Design & Code
Elsaßstraße 1
Atelier H/M/R
50677 Cologne, 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.
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 versions 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. Audio Content and Custom Tunings
3.1 Proprietary audio content (instrument reference tones)
The Application includes proprietary audio assets used for instrument tuning, including reference tones, plucked-string samples, and other tuning-related sounds for guitar, bass, violin, and similar instruments.
These audio assets are the exclusive property of the Owner or its licensors. Users may use them only within the Application.
Users may not:
- extract, isolate, re-record, or reuse these assets outside the Application;
- incorporate these sounds into external apps, devices, sample libraries, or products;
- distribute, resell, or create derivative products based on these assets.
4. Cloud synchronization and data loss
The Application may synchronize certain user data, including Custom Tunings, through Apple’s iCloud services. Synchronization depends entirely on Apple’s systems and infrastructure.
The Owner does not guarantee that any data will be successfully synchronized, stored, or restored. Users are responsible for maintaining backups of important data.
5. Theoretical content and tuning presets
The Application may provide tuning presets and features for creating custom tunings.
The Owner does not guarantee:
- the accuracy or correctness of tuning data;
- correct pitch detection or note identification;
- suitability or safety of any tuning for a specific instrument.
Users remain responsible for verifying tuning suitability and for using safe tuning practices.
6. Microphone usage
The Application requires access to the device’s microphone to detect pitch and perform tuning functions.
The Owner:
- does not record, store, or transmit microphone audio;
- processes audio locally and solely for pitch detection;
- is not responsible for incorrect readings caused by noise, hardware limitations, or environmental factors.
7. Promotional content
The Application may display promotional content related to the Owner’s other products or services. No third-party advertising networks are used.
8. Beta features (including TestFlight)
Certain features may be marked as experimental or may be available through TestFlight.
Beta features may:
- be incomplete or unstable;
- produce inaccurate tuning results;
- change or be removed at any time.
Use of beta features is at the User’s own risk.
9. Changes to Content and Features
The Owner may add, remove, or modify features, tuning presets, audio assets, or other content at any time and without prior notice.
10. Service Availability, Maintenance, and Discontinuation
10.1 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.
10.2 Maintenance and modifications
The Owner may temporarily suspend the Service for maintenance, security updates, or improvements.
Reasonable efforts will be made to minimize disruptions.
10.3 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
11. Subscriptions and In-App Purchases
11.1 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, store, or control payment information.
11.2 Automatic renewal
Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date via the User’s Apple account settings.
11.3 Pricing and changes
Prices may change at any time as permitted by Apple’s policies.
Users will be notified by Apple when required.
11.4 Refunds
The Owner does not issue refunds for in-app purchases. Refund determinations are handled exclusively by Apple: https://support.apple.com/HT204084
11.5 Free trial
The Application may offer a free trial period before a paid subscription begins.
Free trials are managed entirely through Apple’s App Store system.
Users acknowledge that:
- the trial duration is limited and will automatically convert into a paid subscription unless cancelled before the trial ends;
- trial cancellation must be performed through the User’s Apple account settings;
- the Owner does not control or manage the start, renewal, conversion, or cancellation of free trials;
- no refunds will be issued by the Owner for charges incurred after a trial period ends, as refund decisions are handled exclusively by Apple.
12. Acceptable Use
Users may not:
- use the Service for unlawful, harmful, fraudulent, or abusive activities;
- upload or transmit harmful code or unauthorized data;
- interfere with or disrupt Service functionality or infrastructure;
- attempt to circumvent security measures;
- burden or degrade the Service through improper use.
The Owner may suspend or terminate access if misuse is detected.
13. Liability, Disclaimers, and Consumer Protection
13.1 General limitation of liability
To the maximum extent permitted by applicable law, the Owner is not liable for:
- direct, indirect, incidental, or consequential damages;
- damage to instruments, strings, tuning hardware, or accessories caused by incorrect tuning, over-tightening, misuse, or misinterpretation of tuning information;
- hearing damage, personal injury, or equipment malfunction;
- data loss or corruption;
- issues arising from unauthorized, modified, or unsupported versions of the Application;
- inaccurate pitch detection caused by noise, microphone quality, or environmental factors.
Users remain solely responsible for safe tuning behavior.
13.2 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.
13.3 Local consumer rights
Where mandatory consumer rights apply, they take precedence over these Terms.
14. Privacy
Use of the Application is subject to the Privacy Policy provided in the Application or App Store listing.
15. Modifications to These Terms
The Owner may update these Terms at any time.
Changes become effective upon publication.
Continued use after updates constitutes acceptance.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of Germany.
The exclusive jurisdiction for all disputes is Cologne (Köln), Germany, unless mandatory consumer law requires otherwise.
17. Contact
Email: buero@christianhengst.de
Address: Christian Hengst | Design & Code, Elsaßstraße 1; Atelier H/M/R, 50677 Köln, Germany