Terms of Service

These Terms of Service ('Terms') constitute a legally binding agreement between you ('you' or 'your') and Tune ('we', 'us', or 'our'), operated by Yuseong Min (ABN 90 754 006 814), a sole trader registered in Australia, governing your access to and use of the Tune desktop application and related services (collectively, the 'Service').

By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Service Description
2. Eligibility
3. Accounts and Authentication
4. Subscription Terms and Pricing
5. Free Tier
6. Acceptable Use
7. AI-Generated Output
8. Refund and Cancellation Policy
9. Intellectual Property
10. Privacy
11. Third-Party Services
12. Australian Consumer Law
13. Limitation of Liability
14. Disclaimer
15. Indemnification
16. Termination
17. Changes to These Terms
18. Governing Law and Dispute Resolution
19. General Provisions
20. Contact Us

Tune is an AI-powered text rewriting desktop application for macOS (12+) and Windows (10/11). When activated via a keyboard shortcut, Tune captures your selected text, sends it to an AI service for rewriting based on your configured presets or custom instructions, and returns the rewritten result. The rewriting is performed by OpenAI's gpt-4o-mini model via the Tune proxy server hosted on Cloudflare Workers.

Tune is provided as a desktop application that you download and install on your computer. It is not a web application, browser extension, or mobile application.

You must be at least 13 years of age to use the Service. This age restriction is required by OpenAI's API terms, which govern the AI processing that underlies Tune's core functionality.

By using the Service, you represent and warrant that you meet this age requirement. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms.

To access certain features of the Service, you may create an account using your email address or by signing in with a third-party provider (such as Google). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Plans

Tune offers two subscription plans for the paid tier ('Tune Pro'):

• Monthly: $3.99 USD per month
• Yearly: $38.99 USD per year

Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. You will be charged the then-current subscription price at each renewal.

Payment Processing

All payments are processed by Lemon Squeezy, which acts as our Merchant of Record. Lemon Squeezy handles all payment processing, invoicing, tax collection (including GST/VAT where applicable), and subscription management on our behalf. Your payment information is collected and stored by Lemon Squeezy, not by Tune. See Lemon Squeezy's privacy policy at https://www.lemonsqueezy.com/privacy for details.

Price Changes

We may change subscription prices from time to time. Any price change will take effect at the start of the next billing period following the date of the price change. We will provide you with reasonable notice of any price change before it takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to the new price.

Device Activation

Your Tune Pro subscription is activated on a per-device basis using a unique device identifier. You may manage your activated devices through the Lemon Squeezy customer portal, accessible from Settings > General > 'Manage subscription' within the application.

Tune offers a free tier that does not require a subscription or license key. The free tier includes:

• Up to 9 preset packs and 9 presets per pack
• 5 rewrites per day per device

The free tier is subject to the same Acceptable Use rules and all other Terms described in this document. We reserve the right to modify the free tier limits at any time.

You agree not to use the Service to:

• Generate, rewrite, or process any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon the intellectual property rights of any third party.
• Attempt to circumvent, disable, or interfere with any rate limiting, security, or access control features of the Service.
• Use automated means (bots, scripts, or other automated tools) to access the Service beyond its intended use.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service, except to the extent that such restriction is expressly prohibited by applicable law.
• Redistribute, sublicense, or resell the Service or any part thereof.

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you are violating these acceptable use rules.

Nature of Output

The rewriting functionality of the Service is powered by artificial intelligence (OpenAI's gpt-4o-mini model). All rewritten text produced by the Service is AI-generated content.

No Guarantee of Accuracy

AI-generated output may contain errors, inaccuracies, biases, or inappropriate content. You are solely responsible for reviewing, verifying, and editing any AI-generated output before relying on it or sharing it with others. We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated output for any particular purpose.

Your Responsibility

You acknowledge that:

• AI-generated text may not be factually accurate.
• AI-generated text may inadvertently reproduce copyrighted material or infringe on third-party rights.
• You should not rely on AI-generated output for legal, medical, financial, or other professional advice.
• You are responsible for ensuring that any AI-generated content you use complies with applicable laws and regulations.

AI Disclosure Obligation

OpenAI's usage policies require that AI-generated content not be represented as purely human-generated in contexts where the distinction matters. You are responsible for appropriately disclosing the use of AI-generated content where required by law, regulation, or professional standards applicable to your use case.

OpenAI Terms

Your use of the AI rewriting functionality is also subject to OpenAI's usage policies. You agree not to use the Service in any way that would violate OpenAI's terms of service or acceptable use policies.

Australian Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your subscription and receive a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

How to Cancel

You may cancel your subscription at any time through the Lemon Squeezy subscription management portal. You can access this portal from within the Tune application at Settings > General > 'Manage subscription;', or via the subscription management link provided in your purchase confirmation email.

Effect of Cancellation

When you cancel your subscription:

• Your access to Tune Pro features continues until the end of your current billing period.
• You will not be charged for subsequent billing periods.
• After your current billing period ends, your account will revert to the free tier.
• Your presets, packs, and configuration will be preserved. If you exceed the free tier limits (e.g. more than 5 rewrites per day), those limits will apply, but your saved data will not be deleted.

No Change-of-Mind Refunds

We do not offer refunds for change of mind. This is permitted under Australian Consumer Law, which does not require change-of-mind refunds for services.

Refunds for Service Failures

If the Service has a major failure as defined under Australian Consumer Law, you are entitled to a refund. To request a refund for a service failure, please contact us at support@get-tune.com with a description of the issue.

Merchant of Record Refunds

Lemon Squeezy, as our Merchant of Record, may issue refunds at its discretion within 60 days of purchase to prevent chargebacks. Any such refund is subject to Lemon Squeezy's own refund policies.

Our Intellectual Property

The Service, including its design, code, user interface, documentation, and branding, is owned by us and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or other brand features.

Your Input Text

You retain all rights to the text you submit to the Service for rewriting ('Input Text'). By using the Service, you grant us a limited, temporary license to process your Input Text solely for the purpose of providing the rewriting service. This license terminates immediately upon completion of each rewriting request. We do not store, log, or retain your Input Text beyond the duration of the rewriting process.

AI-Generated Output

You receive rights to the AI-generated output produced by the Service. However, please be aware that:

• AI-generated text may not be eligible for copyright protection in all jurisdictions. Copyright laws regarding AI-generated content vary by country and are evolving.
• The same or similar output may be generated for other users who submit similar input.
• We make no representations or warranties regarding the intellectual property status of AI-generated output.

Open Source Components

The Service includes open source software components licensed under MIT and Apache-2.0 licences. A complete list of these components and their licences is available in the THIRD_PARTY_LICENSES file included with the application and accessible from within the app.

Your use of the Service is also governed by our Privacy Policy, available at https://get-tune.com/privacy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

Key points:

• Your selected text is sent to OpenAI's API via the Tune proxy server for rewriting. This constitutes automated processing of your data.
• Your text is processed in memory only and is never stored to disk, logged, or used for analytics by Tune.
• OpenAI retains API data for up to 30 days for abuse monitoring, then deletes it. OpenAI does not use API data for model training.

The Service relies on the following third-party services:

• OpenAI — AI text rewriting. Subject to OpenAI's terms of service and usage policies.
• Lemon Squeezy — Payment processing and subscription management. Subject to Lemon Squeezy's terms of service.
• Cloudflare — Proxy server hosting and infrastructure. Subject to Cloudflare's terms of service.
• Supabase — User account authentication. Subject to Supabase's terms of service.

We are not responsible for the availability, performance, or policies of these third-party services. If any third-party service becomes unavailable or changes its terms in a way that affects the Service, we will make reasonable efforts to address the impact but cannot guarantee uninterrupted service.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

Software is classified as 'goods' under Australian Consumer Law. Consumer guarantees apply automatically and cannot be excluded by contract.

Subject to Section 12 (Australian Consumer Law), and to the maximum extent permitted by applicable law:

• Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or $50 USD, whichever is greater.
• In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of whether we have been advised of the possibility of such damages.
• We shall not be liable for any damages arising from your reliance on AI-generated output, including but not limited to errors, inaccuracies, or inappropriate content in such output.

These limitations do not apply to liability that cannot be excluded or limited under applicable law, including Australian Consumer Law.

Subject to Section 12 (Australian Consumer Law), the Service is provided on a basis that, to the maximum extent permitted by applicable law, excludes all warranties, conditions, and representations not expressly set out in these Terms.

Without limiting the foregoing and subject to Section 12:

• We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
• We do not warrant that AI-generated output will be accurate, complete, or suitable for any particular purpose.
• We do not warrant that the Service will meet your specific requirements.

You agree to indemnify, defend, and hold harmless Tune, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Service.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property, privacy, or other right.
• Any content you submit, post, or transmit through the Service.

Termination by You

You may stop using the Service at any time by uninstalling the application and cancelling any active subscription.

Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms or the Acceptable Use rules.
• Suspected fraudulent, abusive, or illegal activity.
• Extended periods of inactivity.
• Discontinuation of the Service.

Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately.
• If you have an active subscription, the cancellation provisions in Section 8 apply.
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (AI-Generated Output), 9 (Intellectual Property), 12 (Australian Consumer Law), 13 (Limitation of Liability), 15 (Indemnification), and 18 (Governing Law).

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the 'Last updated' date at the top of these Terms and, where practicable, by providing additional notice (such as in-app notification or email).

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel any active subscription.

These Terms shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable EULA, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, government action, or failure of third-party services.

If you have questions or concerns about these Terms, please contact us:

Email: support@get-tune.com

Post: NSW 2138, Australia