ToneAdapt, LLC (the "Company") is committed to maintaining robust privacy protections for its users. Our Privacy Policy ("Privacy Policy") is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

For purposes of this Agreement, "Site" refers to the Company's website, which can be accessed at https://www.toneadapt.com/.

"Service" refers to the Company's services accessed via the Site, in which users can receive AI-generated guitar tone settings and amp configurations tailored to their specific gear, enabling them to recreate famous guitar tones using their existing equipment.

The terms "we," "us," and "our" refer to the Company.

"You" refers to you, as a user of our Site or our Service.

By accessing our Site or our Service, you accept our Privacy Policy and Terms of Use (found here: https://www.toneadapt.com/terms), and you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.

I. Information We Collect

We collect "Non-Personal Information" and "Personal Information." Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email address, which you submit to us through the registration process at the Site. If you sign up using Google OAuth, we also receive your Google profile name and profile picture. If you submit a contact or feature request form, we may also collect your email address and the content of your submission, which you submit to us through the registration process at the Site.

II. How We Use and Share Information

III. Third-Party Service Providers

We use the following third-party service providers to operate and improve our Service. These providers may have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use it for any other purpose:

• Supabase — Database hosting, user authentication, and data storage.
• Stripe — Payment processing and subscription management. Your payment information (such as credit card numbers) is processed directly by Stripe and is never stored on our servers.
• OpenAI — AI-powered tone research and gear adaptation. Song queries and gear information you provide are sent to OpenAI to generate tone recommendations.
• Mailgun — Transactional and marketing email delivery.
• PostHog — Product analytics and usage tracking.
• Vercel — Website hosting, deployment, and analytics.

We encourage you to review each provider's respective privacy policy to understand how they handle your information.

IV. How We Protect Information

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

V. Data Retention

We retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

• Account data (email, profile information): Retained for as long as your account is active. Upon account deletion, your personal data will be deleted or anonymized within 30 days, except where we are required to retain it for legal or compliance purposes.
• Usage data (tone research, adaptation history, saved tones): Retained for as long as your account is active and deleted upon account deletion.
• Payment data: Payment transaction records are retained as required by applicable tax and financial regulations, typically for 7 years. Your payment method details are stored and managed exclusively by Stripe.
• Analytics data: Aggregated, non-personal analytics data may be retained indefinitely for service improvement purposes.
• Email communications: Records of email communications are retained for up to 2 years.

VI. Data Breach Notification

In the event of a data breach that compromises your Personal Information, we will notify affected users via email within 72 hours of becoming aware of the breach, or as otherwise required by applicable law. The notification will include: (a) a description of the nature of the breach; (b) the types of information that were or may have been compromised; (c) steps we are taking to address the breach; and (d) steps you can take to protect yourself. We will also notify any applicable regulatory authorities as required by law.

VII. Your Rights Regarding the Use of Your Personal Information

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You can also indicate that you do not wish to receive marketing communications from us in the "Account Settings" section of the Site. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

You have the right to request deletion of your Personal Information that we have collected. To request deletion of your data, you may: (a) delete your account through the Account Settings section of the Site, which will remove your personal data within 30 days; or (b) contact us at contact@toneadapt.com with a deletion request. Please note that we may need to retain certain information as required by law or for legitimate business purposes, such as fraud prevention, compliance with financial regulations, or to complete transactions you have requested.

VIII. Your California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA):

• Right to Know: You have the right to request that we disclose what Personal Information we have collected, used, disclosed, and sold about you in the last 12 months.
• Right to Delete: You have the right to request that we delete Personal Information we have collected from you, subject to certain exceptions.
• Right to Correct: You have the right to request that we correct inaccurate Personal Information that we maintain about you.
• Right to Opt-Out of Sale or Sharing: We do not sell your Personal Information. We do not share your Personal Information for cross-context behavioral advertising purposes.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights.

To exercise any of these rights, please contact us at contact@toneadapt.com. We will respond to verifiable consumer requests within 45 days. You may also designate an authorized agent to make a request on your behalf.

In the preceding 12 months, we have collected the following categories of Personal Information: identifiers (email address, username), internet or other electronic network activity information (usage data, interactions with the Service), and commercial information (subscription and payment history).

IX. Your Rights Under GDPR (European Users)

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, you have certain rights under the General Data Protection Regulation (GDPR):

• Legal Basis for Processing: We process your Personal Information based on: (a) your consent (e.g., when you create an account); (b) performance of a contract (e.g., providing the Service you have subscribed to); (c) compliance with legal obligations; and (d) our legitimate interests (e.g., improving our Service, preventing fraud), provided those interests are not overridden by your data protection rights.
• Right of Access: You have the right to request a copy of the Personal Information we hold about you.
• Right to Rectification: You have the right to request that we correct any inaccurate or incomplete Personal Information.
• Right to Erasure: You have the right to request that we delete your Personal Information, subject to certain legal exceptions.
• Right to Restrict Processing: You have the right to request that we restrict the processing of your Personal Information under certain circumstances.
• Right to Data Portability: You have the right to receive your Personal Information in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
• Right to Object: You have the right to object to the processing of your Personal Information for direct marketing purposes or where we rely on legitimate interests.
• Right to Withdraw Consent: Where we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time.

To exercise any of these rights, please contact us at contact@toneadapt.com. We will respond to your request within 30 days. If you believe that we have not adequately addressed your concerns, you have the right to lodge a complaint with your local data protection supervisory authority.

Your Personal Information may be transferred to and processed in the United States, where our servers and service providers are located. By using the Service, you consent to the transfer of your information to the United States, which may not offer the same level of data protection as your home country. We take appropriate safeguards to ensure that your Personal Information remains protected in accordance with this Privacy Policy.

X. Links to Other Websites

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

XI. Changes to Our Privacy Policy

The Company reserves the right to change this policy and our Terms of Use at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

XII. Contact Us

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to contact@toneadapt.com.