Tonika PL

Terms of Service

Effective: [EFFECTIVE DATE]

This is a courtesy translation. The legally binding version is the Polish original, available at Regulamin.

These Terms of Service (“Terms”) govern the provision of electronic services by Artur Kondas, operating as a sole proprietor under the business name BB Services Artur Kondas, to users of the Tonika application (“Service”).

Please read these Terms before using the Service. By creating an account or using the Service, you accept these Terms.

§ 1. General Provisions

  1. The Service Provider is Artur Kondas, operating as a sole proprietor under the business name BB Services Artur Kondas, registered in the Central Register and Information on Economic Activity (CEIDG):

    • Business address: Smolki 12b, 30-513 Kraków
    • NIP (Tax ID): 6793315806
    • REGON (Statistical Number): 540284210
    • Email: privacy@playtonika.com
    • Phone: 535319016

  2. These Terms define the rules for using the Service, rights and obligations of Users and the Service Provider, rules for concluding and terminating contracts for electronic services, and the complaint procedure.

  3. The Service is a digital service within the meaning of the Polish Consumer Rights Act of 30 May 2014.

§ 2. Definitions

  • Service — the Tonika application, available as a web app and iOS app, enabling users to practice musical instruments with real-time pitch detection.
  • User — a natural person using the Service.
  • Consumer — a natural person entering into a legal transaction with the Service Provider that is not directly related to their business or professional activity. Provisions concerning Consumers also apply to natural persons concluding a contract directly related to their business activity where the contract does not have a professional character for that person (Art. 385⁵ of the Polish Civil Code).
  • Account — an individual User account in the Service, created during registration.
  • Premium Subscription — a paid service providing access to extended features of the Service.
  • Stripe — an external payment processor (Stripe, Inc.) handling card transactions via the website.
  • Terms — this document.

§ 3. Technical Requirements

Using the Service requires:

  1. A modern web browser (Chrome, Firefox, Safari, or Edge — current or previous version).
  2. An active internet connection.
  3. An email address (for Account creation).
  4. A device running iOS 16 or later (for the mobile app).
  5. Microphone access is optional, however without it, practice mode (pitch detection) will not function, as the app cannot receive any audio input. Other Service features (browsing educational materials, account management) remain available without a microphone.

§ 4. Service Description

  1. Tonika is a music practice companion offering real-time pitch detection, scale exercises, ear training, and progress tracking. The app is designed with guitar in mind, with plans to expand to other instruments.

  2. Practice mode requires microphone access. Without granting microphone access, pitch detection is not possible and the practice features of the Service will be unavailable.

  3. Tonika is not a substitute for professional music instruction — it is a supplementary practice tool. The accuracy of pitch detection depends on microphone quality, ambient noise levels, and playing conditions.

  4. The Service operates on a freemium model:

    • Free plan — core features available at no cost. The free plan is ad-supported: users may see advertisements served by Google AdSense.
    • Premium Subscription — extended features for a subscription fee, including an ad-free experience.

  5. We continuously improve the Service and may add, modify, or remove features at any time. We will provide appropriate notice of significant changes affecting the scope of the Service.

§ 5. User Account

  1. Access to certain features requires creating an Account using a valid email address. Registration is also possible via Apple Sign In or Google Sign In.

  2. Each person may have only one Account.

  3. The User is responsible for the security of their login credentials and for all actions taken through their Account.

  4. If unauthorized access to the Account is suspected, the User must promptly notify the Service Provider at privacy@playtonika.com.

  5. The Service Provider reserves the right to suspend or delete an Account in case of a violation of these Terms, with notice to the User where possible.

§ 6. Premium Subscription and Payments

6.1 Subscription Plans

The Service offers a free plan and a Premium Subscription. Current Premium Subscription prices are listed on the pricing page and include VAT.

6.2 Website Payments (Stripe)

  1. Card payments for the Premium Subscription via the website are processed by Stripe.
  2. The Service Provider does not store card numbers or sensitive payment data — these are processed exclusively by Stripe.
  3. When ordering a Premium Subscription, the User confirms their order by clicking the “Order with obligation to pay” button.
  4. The subscription begins immediately upon successful payment processing (or after the trial period ends — see § 6.4).

6.3 App Store Payments (Apple)

  1. Subscriptions purchased through the iOS app are processed as auto-renewable in-app purchases through the Apple App Store.
  2. Apple handles all billing, refunds, and cancellations.
  3. The subscription renews automatically unless cancelled at least 24 hours before the end of the current billing period.
  4. To cancel, manage your subscription in Apple ID settings (Settings > Apple ID > Subscriptions).
  5. Refund requests should be directed to Apple, as they process all payments.

6.4 Trial Period

  1. New Users may access a 7-day free trial of the Premium Subscription.
  2. The trial is available once only — re-subscribing after cancellation results in an immediate charge.
  3. After the trial period ends, the subscription automatically converts to a paid subscription unless the User cancels within the 7 days.

6.5 Renewal and Cancellation

  1. Subscriptions renew automatically unless cancelled.
  2. Website cancellation: through Account settings or by contacting privacy@playtonika.com.
  3. App Store cancellation: through Apple ID settings.
  4. Cancellation takes effect at the end of the current billing period — the User retains access to Premium features until then.
  5. Voluntary cancellation mid-period does not entitle the User to a prorated refund (web subscriptions). Apple’s refund policy applies for App Store purchases.
  6. The right of withdrawal (§ 7) is a separate Consumer right.

§ 7. Right of Withdrawal

7.1 General Right

The Consumer has the right to withdraw from the contract within 14 calendar days from the date of conclusion of the contract, without giving a reason.

7.2 Exception for Digital Content

Before the withdrawal period expires, the Consumer may give express consent to begin performance of the digital service before the 14-day withdrawal period ends. By giving such consent, the Consumer is informed that they lose their right of withdrawal. This consent is collected via an explicit declaration (checkbox) during the Premium Subscription ordering process.

7.3 Trial Period

During the 7-day free trial, the User may cancel the subscription at any time without incurring any charges. Cancellation during the trial does not require a withdrawal form — simply cancel the subscription.

7.4 How to Withdraw

To withdraw from the contract, the Consumer may:

  • Send a withdrawal statement to: privacy@playtonika.com
  • Use the withdrawal form template in the Appendix to these Terms

The Service Provider will promptly confirm receipt of the withdrawal statement. The refund will be issued within 14 days of receiving the withdrawal statement, using the same payment method the Consumer used.

Appendix: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: [FULL NAME], Brudne Brzmienie, [BUSINESS ADDRESS], email: privacy@playtonika.com

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the provision of the following service(*): Tonika Premium Subscription

  • Date of contract conclusion(*): __________
  • Name of consumer(s): __________
  • Address of consumer(s): __________
  • Email address associated with account: __________
  • Signature of consumer(s) (only if this form is sent on paper): __________
  • Date: __________

(*) Delete as appropriate.

§ 8. Complaints

8.1 Non-conformity of the Digital Service with the Contract

The Service Provider is liable for non-conformity of the digital service with the contract that exists at the time of delivery and is discovered within two years of that time, in accordance with the Polish Consumer Rights Act of 30 May 2014 (Chapter 5b).

8.2 Filing a Complaint

Complaints should be sent to: privacy@playtonika.com, including:

  • Full name and email address associated with the Account
  • Description of the non-conformity
  • Requested remedy

8.3 Response Timeline

The Service Provider will respond to a complaint within 14 calendar days of receipt. Failure to respond within this period constitutes acceptance of the complaint.

8.4 Remedies

The Consumer is entitled to the following remedies, in order:

  1. Bringing the digital service into conformity with the contract (repair)
  2. Price reduction
  3. Withdrawal from the contract — if the non-conformity is significant or the Service Provider has not brought the service into conformity

§ 9. Personal Data

  1. The controller of Users’ personal data is the Service Provider specified in § 1.
  2. Detailed information about personal data processing, including data categories, purposes and legal bases of processing, retention periods, and User rights, is contained in the Privacy Policy.
  3. The User has rights under the GDPR, including the right of access, rectification, erasure, data portability, restriction of processing, objection, and withdrawal of consent.

§ 10. Intellectual Property

  1. The Service — including its design, code, graphics, audio, and branding — is owned by the Service Provider and protected by applicable intellectual property laws.

  2. The User is granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

  3. Music theory concepts (scales, intervals, chords) are not proprietary — the specific implementation and presentation within the Service is.

  4. The license does not include the right to sublicense or distribute the Service.

§ 11. Acceptable Use

When using the Service, the User agrees not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Use the Service for commercial purposes without the Service Provider’s prior written permission
  • Interfere with or disrupt the Service’s infrastructure, servers, or networks
  • Attempt to gain unauthorized access to other Users’ accounts or data
  • Use automated tools, bots, or scrapers to interact with the Service
  • Upload or transmit malicious code, viruses, or any harmful content
  • Impersonate another person or misrepresent their identity

§ 12. Audio Safety

When using headphones with the Service — particularly during ear training exercises with reference tones — please exercise caution with volume levels. Prolonged exposure to high volume can damage your hearing. The Service Provider is not responsible for hearing damage resulting from use of the Service at excessive volume levels.

§ 13. Liability

  1. The Service is provided “as is” and “as available”.

  2. The Service Provider does not guarantee that:

    • Pitch detection will be accurate in all environments or with all equipment
    • The Service will operate without interruption, error-free, or securely
    • Using the Service will result in measurable musical improvement
    • All content will be free from errors

  3. To the maximum extent permitted by applicable law, the Service Provider’s total liability arising out of or in connection with the Service is limited to the greater of:

    • The amount paid by the User for the Service in the 12 months preceding the claim, or
    • €50 (fifty euros)

  4. The Service Provider is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits.

  5. Nothing in these Terms excludes or limits rights that cannot be excluded or limited under applicable law, including mandatory EU consumer protection legislation.

§ 14. Dispute Resolution

14.1 Governing Law

These Terms are governed by Polish law, excluding its conflict-of-law rules. If the User is a Consumer in the European Union, they benefit from the protection of mandatory provisions of the law of their country of residence.

14.2 Jurisdiction

The Consumer may bring legal proceedings before the court having jurisdiction over their place of residence.

14.3 Out-of-Court Dispute Resolution

The Consumer has the option of using out-of-court methods of handling complaints and pursuing claims, including:

  • Voivodeship Trade Inspection Authority (Wojewódzki Inspektorat Inspekcji Handlowej) — mediation
  • Permanent consumer arbitration court at the Voivodeship Trade Inspection Authority
  • County (municipal) consumer ombudsman (Rzecznik konsumentów)
  • Free consumer helpline: 801 440 220 / 222 66 76 76

14.4 ODR Platform

The EU Online Dispute Resolution (ODR) platform was shut down on 20 July 2025 pursuant to Regulation (EU) 2024/3228. The Consumer may use the out-of-court dispute resolution methods listed in § 14.3.

§ 15. Changes to These Terms

  1. The Service Provider may update these Terms periodically.
  2. Users will be notified of significant changes via the app or email with 14 days’ advance notice before changes take effect.
  3. A User who does not accept the changes may terminate the contract before the effective date of the changes.
  4. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

§ 16. Termination

  1. Either party may terminate the agreement at any time:

    • The User may stop using the Service and delete their Account at any time
    • The Service Provider may suspend or terminate the User’s access in case of a violation of these Terms, with notice where possible

  2. Before deleting your Account, we recommend exporting your practice data from the app’s Settings (JSON format).

  3. Upon Account deletion, the User’s data is permanently removed from the Service Provider’s servers.

§ 17. Final Provisions

  1. These Terms, together with the Privacy Policy, constitute the entire agreement between the User and the Service Provider regarding the Service.
  2. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
  3. The Service Provider’s failure to enforce any right or provision does not constitute a waiver of that right or provision.
  4. The Service Provider may assign its rights under these Terms. The User may not assign their rights without the Service Provider’s written consent.
  5. These Terms take effect on [EFFECTIVE DATE].