Contents
These Terms of Use ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and TOUN ("Company," "we," "us," or "our"), governing your access to and use of the TOUN mobile application (available on iOS and Android), the website at toun.app, and any related services, features, content, or applications (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. By downloading, installing, registering, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.
These Terms contain a binding arbitration agreement and class action waiver in Section 15. Please read that section carefully, as it affects your legal rights.
You must be at least thirteen (13) years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement. In jurisdictions where the age of digital consent is higher (e.g., 16 in certain EU member states), you must meet the applicable minimum age. TOUN will use the date of birth you provide during registration for age verification purposes and will terminate accounts discovered to belong to individuals under the applicable minimum age.
If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To access most features of the Services, you must create an Account by providing a valid mobile phone number and verifying it via a one-time password (OTP). You agree to:
You may create only one Account per mobile phone number. Creating multiple accounts for the same individual using different phone numbers, or creating an account on behalf of another person without authorisation, is prohibited.
You are solely responsible for maintaining the confidentiality and security of your device and access credentials. We are not liable for any loss or damage arising from your failure to maintain the security of your Account.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) download and install the TOUN application on a compatible mobile device you own or control; and (b) access and use the Services for your personal, non-commercial purposes.
Except as expressly permitted by these Terms or applicable law, you must not:
The Services incorporate open-source software components. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open-source licence.
You agree not to use the Services to:
Heartbeat interactions are intended as positive, consensual emotional signals between mutually connected Users. You agree that you will only initiate Heartbeat interactions with Users who have accepted your Connection Request and to whom you genuinely wish to send an emotional signal. Repeated, unwanted, or harassing Heartbeat interactions directed at another User are a violation of these Terms and may result in immediate Account suspension.
TOUN's connection model is built on explicit mutual consent. You may only send and receive Heartbeat interactions with Users who have accepted your Pulse Request, or whom you have accepted a Pulse Request from. You acknowledge and agree not to circumvent the consent mechanism through any means.
If you believe another User is violating these Terms, please report the conduct to us at safety@toun.app. We take all reports seriously and will investigate in accordance with our internal abuse handling procedures.
You retain ownership of all User Content you submit through the Services. By submitting User Content, you represent and warrant that: (a) you own or have sufficient rights to submit the Content; (b) the Content does not violate these Terms, any applicable law, or the rights of any third party; and (c) the Content is accurate and not misleading.
By submitting User Content, you grant TOUN a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and our business operations, including for the purpose of promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This licence terminates when you delete your User Content or Account, except to the extent that content has been shared with third parties as part of the Services.
We reserve the right, but do not assume the obligation, to review, monitor, and remove any User Content at our sole discretion and without notice, including Content that we determine, in our sole judgment, violates these Terms, applicable law, or is otherwise objectionable.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Policy.
You acknowledge that TOUN uses Firebase services provided by Google LLC, including Firebase Authentication, Cloud Firestore, Firebase Cloud Messaging, Firebase Analytics, Firebase Crashlytics, and Firebase App Check. Your use of these services within TOUN is also subject to Google's applicable terms and privacy policies.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, video, audio, design, selection, arrangement, and the TOUN name, logo, trademarks, and service marks) are owned by TOUN, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws.
If you provide us with any feedback, suggestions, ideas, or other input regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without compensation to you.
If you believe that your copyright-protected work has been infringed by Content available through the Services, please send a notice to dmca@toun.app containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512).
The Services may integrate with, link to, or make use of third-party services, applications, websites, or platforms (collectively, "Third-Party Services"). These Third-Party Services are not under our control and we are not responsible for their content, privacy practices, or terms.
Your use of Third-Party Services integrated into TOUN is governed by their respective terms, including:
We disclaim all responsibility and liability for any Third-Party Services. Inclusion of a link to or integration with a Third-Party Service does not constitute an endorsement by TOUN.
The core features of TOUN are currently provided free of charge. We reserve the right to introduce fees for certain features or a premium subscription tier in the future. We will provide at least 30 days' advance notice of any new fees via an in-app notification, email, or push notification before they take effect.
Any premium features purchased through the Apple App Store or Google Play Store are subject to the payment terms of those platforms. TOUN has no access to your payment card or bank account details. All in-app purchases are processed by Apple or Google as the payment processor, and their respective refund policies apply.
You may terminate your Account at any time by deleting your Account through the TOUN application (Profile → Settings → Delete Account). Upon deletion, your Account and associated data will be removed in accordance with our data retention policy (see Privacy Policy, Section 7).
We may suspend or permanently terminate your Account and access to the Services, with or without notice, if we reasonably believe that you have:
Upon termination, all licences granted to you under these Terms will immediately cease, and you must stop using the Services. Sections that by their nature should survive termination (including Sections 8, 12, 13, 14, 15, and 16) shall survive.
If you believe your Account was suspended or terminated in error, you may appeal by contacting us at appeals@toun.app within 30 days of the termination. We will review your appeal and respond within 14 business days.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOUN EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES.
Without limiting the foregoing, TOUN does not warrant that:
Some jurisdictions do not allow the exclusion of implied warranties. To the extent such warranties cannot be excluded, they are limited to the shortest period permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOUN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, EVEN IF TOUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOUN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO TOUN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
The limitations set forth in this Section will not limit or exclude liability for fraud, fraudulent misrepresentation, death, or personal injury caused by TOUN's negligence, or any other liability that cannot be excluded or limited by applicable law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TOUN and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Services in a manner not authorised by these Terms; (d) your violation of any applicable law or regulation; or (e) your infringement of any third-party right.
TOUN reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
Before filing any formal legal claim, you agree to contact us at legal@toun.app and attempt to resolve the dispute informally. We will make good-faith efforts to resolve the dispute within 30 days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to binding arbitration as described below.
Except for disputes that qualify for small claims court, and except as provided in Section 15.5, all disputes, claims, and controversies arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, which are available at adr.org.
The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes, including any claim that all or part of these Terms is void or voidable, or whether a dispute is subject to arbitration. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
YOU AND TOUN EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.
Filing and arbitration fees will be allocated in accordance with the AAA Consumer Arbitration Rules. If the arbitrator determines that your claim has merit, TOUN will pay all arbitration fees. If we prevail, each party will bear its own fees unless the arbitrator determines your claim was frivolous.
The arbitration agreement does not apply to: (a) claims within the jurisdiction of small claims court; (b) claims relating to the enforcement of TOUN's intellectual property rights; or (c) claims by EEA or UK residents, who retain the right to bring claims before the courts of their country of residence as required by applicable consumer protection law.
If you are located in the EEA or UK, nothing in this Section limits your statutory rights under applicable consumer protection law. You may bring proceedings in the courts of the country where you reside or the country in which TOUN is incorporated.
These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. For disputes not subject to arbitration under Section 15, you and TOUN consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts located in Delaware, United States.
For Users in the EEA or UK: mandatory statutory consumer protections applicable in your country of residence apply in addition to the above, and may take precedence where applicable.
These Terms, together with the Privacy Policy and any other legal notices published by TOUN on the Services, constitute the entire agreement between you and TOUN with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of TOUN to be effective.
If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, or by operation of law, without restriction.
TOUN shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, pandemic, natural disasters, government actions, or failures of third-party infrastructure providers.
These Terms are drafted in the English language. In the event of any conflict between an English version and a translated version, the English version shall prevail to the extent permitted by applicable law.
We reserve the right to revise these Terms at any time. When we make material changes, we will:
If you continue to use the Services after revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and delete your Account.
We will maintain an archive of previous versions of these Terms. You may request a copy of any previous version by contacting us at legal@toun.app.
Legal Enquiries
Email: legal@toun.app
Safety and Abuse Reports
Email: safety@toun.app
Copyright / DMCA
Email: dmca@toun.app
General Contact
Email: hello@toun.app
We aim to respond to all legal enquiries within 5 business days. For urgent safety matters, please mark your email subject line "URGENT."