ToneClone Terms of Use

1) Who We Are & What These Terms Cover

These Terms of Use (the “Terms”) govern your access to and use of ToneClone’s websites, browser extensions, mobile or desktop apps (if any), and related services (collectively, the“Service”). “ToneClone,” “we,” “us,” or “our” refers to Crouton Creations, LLC, located at 100 N HOWARD ST STE R
Spokane, WA 99201. Our Privacy Policy explains how we collect and use personal information and is incorporated by reference.

By using the Service, you agree to these Terms.

2) Account, Eligibility & Access

• Minimum age. You must be at least 13 years old. If under 18, you must have parental/guardian permission. You may not use the Service where prohibited by law.
• Registration. You agree to provide accurate and complete information, keep your credentials confidential, and are responsible for all activities under your account. If you register using an email owned by an organization, the organization may control the account and its content.
• Software updates. We may update the Service or extension automatically.

3) Your Content, AI Outputs & Licenses

• Input and Output. You may provide text or other content (your “Input”). The Service may generate “Output.” Collectively, Input and Output are “Content.” You are responsible for your Content and represent you have all rights needed to provide Input.
• Ownership. As between you and us, you retain ownership of your Input and, to the extent permitted by law, you own your Output. Output may be similar to outputs received by others.
• Your license to us. You grant us a worldwide, non‑exclusive license to host, process, transmit, display, and otherwise use Content as needed to provide, maintain, protect, and improve the Service, comply with law, and enforce our policies.
• Attribution. You will not misrepresent Output as being entirely human‑generated. Where required by law or policy, you will disclose AI assistance.

4) Personalization, Training & Data Controls

ToneClone uses personas and knowledge cards to personalize writing assistance. We also use third‑party AI providers to process Inputs and generate Output.

• Service operation & personalization. We process your Content to operate, maintain, and improve features such as persona quality, safety, and reliability (e.g., model prompts, prompt safety filters, quality evaluation), and to prevent abuse.
• Personalized/custom models (required to provide the Service). To deliver ToneClone’s core functionality—creating and maintaining your custom tone/model/knowledge card—we store and process your Content to train or adapt a model/knowledge card for your account or organization. This processing is necessary to provide the Service you request. Parameters, embeddings, and other learned artifacts for your custom model/knowledge card arelogically isolated from other customers and are not used to improve models for other customers.
• Global model improvement (opt‑in). By default, we do not use your Content to improve our general models. You may opt in within settings to allow us to use your Content (and usage metadata) to improve our models and features. You can change this at any time; changes apply prospectively.
• Third‑party providers. We may share Content with third‑party AI providers only to provide the Service you request (e.g., text generation) and subject to their terms. We do not sell personal data.
• Retention. We retain Content and derived model/knowledge card artifacts for as long as needed to provide the Service (including your custom model/knowledge card), comply with law, resolve disputes, and enforce terms. If you delete items or your account, we will delete or de‑identify associated Content and model/knowledge card artifacts within a reasonable period, subject to backups and legal holds. Content already incorporated into your custom model/knowledge card may persist until that model/knowledge card is retrained or deleted.
• Enterprise/API. Separate terms and a DPA may apply (including data residency and retention controls).

5) Acceptable Use Policy

You agree not to use the Service to:

1. Break the law or others’ rights (e.g., privacy, publicity, IP), or to collect/process personal data without a lawful basis.
2. Cause harm (e.g., violence, weapons development, self‑harm promotion, exploitation of minors, human trafficking, harassment, doxxing, discrimination, hateful or violent conduct).
3. Deceive or defraud (e.g., scams, phishing, deepfakes for deception, impersonation without authorization, disinformation, academic cheating, hidden AI agents without disclosure when required).
4. Undermine safety or security (e.g., malware, vulnerabilities, bypassing rate limits or safeguards, jailbreaking intended to defeat safety features).
5. Build competing models or to train/derive models from Output, scrape or harvest Output programmatically except via allowed interfaces, or reverse engineer the Service.
6. Target minors with inappropriate content or use the Service if you are under the minimum age.

We may suspend or terminate accounts, remove or block Content, and notify authorities where required.

6) Third‑Party Services

The Service integrates with or relies on third‑party services (e.g., AI model providers, cloud hosting, authentication, payments, analytics). Their terms and privacy policies apply to those services. We are not responsible for third‑party content, outages, or actions.

7) Subscriptions, Billing & Taxes

• Plans and renewals. If you purchase a paid plan, you authorize recurring charges until you cancel. Unless required by law, fees are non‑refundable and may change with prior notice.
• Payments. Payments are processed by Stripe. You are responsible for applicable taxes.
• Cancellation. You can cancel in your account settings; your access continues through the end of the current billing period.

8) Beta, Experimental & Rate Limits

Some features may be labeled alpha/beta/preview and may change or be discontinued at any time. We may apply rate limits or fair‑use limits to maintain Service quality.

9) DMCA / Copyright Policy

We respect intellectual property rights. If you believe Content infringes your copyright, please send a notice including the information required by 17 U.S.C. § 512(c)(3) to our DMCA Agent:

Name: DMCA Agent, Crouton Creations, LLC
Address: 100 N HOWARD ST STE R
Spokane, WA 99201
Email: dmca@toneclone.ai

We may remove material and terminate repeat infringers.

10) Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND QUIET ENJOYMENT). AI OUTPUTS MAY BE INACCURATE, INCOMPLETE, OFFENSIVE, OR UNSUITED TO YOUR USE CASE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING OUTPUT (INCLUDING WITH HUMAN REVIEW) BEFORE RELIANCE OR PUBLICATION. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE (E.G., LEGAL, MEDICAL, FINANCIAL).

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) USD $100. Some jurisdictions do not allow certain disclaimers/limits, so these may not apply to you.

12) Indemnity (Business Users)

If you use the Service on behalf of a business or organization, you agree to indemnify and hold us harmlessfrom third‑party claims, damages, and costs (including reasonable attorneys’ fees) arising from your Content or misuse of the Service.

13) Term, Suspension & Termination

You may stop using the Service at any time. We may suspend or terminate your access (with or without notice) if: (a) you breach these Terms or our policies; (b) we are required to by law; or (c) your use risks harm to users, us, or third parties. We may also deactivate inactive free accounts after reasonable notice.

Upon termination, your license to use the Service ends and you must stop using it. Sections that by their nature should survive (e.g., ownership, disclaimers, limitations, indemnity, arbitration) will survive.

14) Export & Sanctions

You represent you are not located in or a resident of a country subject to U.S. embargo/sanctions and are not on any U.S. government restricted‑party list. You agree to comply with applicable export control and sanctions laws.

15) Changes to the Service or Terms

We may modify the Service and these Terms from time to time. For material changes that adversely affect you, we will provide at least 30 days’ notice (e.g., in‑product or email). If you don’t agree to updated Terms, you must stop using the Service.

16) Governing Law; Dispute Resolution

Governing law. These Terms are governed by the laws of Washington State, without regard to conflict‑of‑laws rules.

Arbitration and Class‑Action Waiver (JAMS). You and Crouton Creations, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, and for consumer disputes, the JAMS Consumer Arbitration Minimum Standards (together, the “JAMS Rules”). The arbitration will be conducted by a single arbitrator, seated in Spokane County, Washington, in English, with hearings conducted remotely by video conference unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has the authority to award all remedies available in court subject to these Terms.

Small Claims; Injunctive Relief. Either party may bring an individual action in small claims court or seek temporary or preliminary injunctive relief in court to protect intellectual property or prevent unauthorized access to or use of the Service.

Fees. JAMS filing, administration, and arbitrator fees will be governed by the JAMS Rules. The arbitrator may award fees and costs where permitted by applicable law.

Class and Representative Actions Waiver. Disputes will be arbitrated only on an individual basis and not as a class, collective, or representative action. The arbitrator may not consolidate claims without the parties’ consent.

Mass Arbitration Protocol. If 25 or more substantially similar arbitration demands are filed against Crouton Creations, LLC by the same or coordinated counsel, the parties agree to (a) select 10 cases to proceed as bellwethers, (b) stay the remaining cases, and (c) after the bellwethers conclude, confer in good faith regarding resolution of the remaining cases. If unresolved, additional bellwethers will proceed in rounds of 10 until all cases are resolved. The arbitrator may adjust applicable fees, cost‑sharing, or deadlines to promote efficiency and proportionality.

Opt‑Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@toneclone.ai with subject line “Arbitration Opt‑Out”, and including your name, account email, and a statement that you opt out. Opting out of arbitration does not affect the rest of these Terms.

Venue for Non‑Arbitrable Claims. For any matter not subject to arbitration, the exclusive venue will be the state or federal courts in Spokane County, Washington.

17) Notices & Contact

• Contact. support@toneclone.ai is the primary channel for user support and legal notices (or mail to the company address above).
• Feedback. If you submit feedback or suggestions, you agree we may use them without restriction or compensation.

18) Miscellaneous

These Terms are the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the remainder will remain in effect. Our failure to enforce a provision is not a waiver.