Terms of Service

1. Acceptance of Terms

By accessing or using TONK's websites, apps, dashboards, or alerts (the "Service"), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility & Accounts

• Age. The Service is intended for users 18+ because it surfaces nightlife and bar content.
• One person, one account. You must register for your own account and not share it. Keep your information accurate and your credentials secure. You are responsible for all activity on your account.
• Changes. We may add, remove, or modify features at any time, including Beta features that may be unstable.

3. Acceptable Use

You agree not to:

• Scrape or harvest TONK data (including events, rankings, or metadata), reverse engineer the Service, or run automated queries or bots without our prior written permission.
• Use TONK communications (email/SMS/phone) to spam, harass, or otherwise misuse messaging channels.
• Attempt to bypass security or rate limits, interfere with the Service, or use the Service for unlawful purposes.

TONK authorizes requests made on your behalf through its official ChatGPT plugin, including a ChatGPT Scheduled task you create, subject to the Service's published limits and your connected-account permissions.

We may suspend or terminate accounts for violations.

4. Communications & Consent

If you provide an email address or phone number, you consent to receive service-related communications (including automated messages) via those methods. Message/data rates may apply. You can delete alert methods and adjust alert types at any time in your TONK dashboard. For SMS, you can reply STOP to opt out and HELP for help. Opting out may limit certain features. Phone calling has a separate in-app consent: Tonk uses an AI-generated voice, calls may be recorded, transcribed, and summarized into your Tonk context, and ElevenLabs, Twilio, and Tonk service providers may process the call. You can disable calling in Tonk settings.

5. Privacy & Location

TONK's Privacy Policy explains what we collect and how we use it.

• Location. We do not use device/location data unless you explicitly provide it to TONK in writing or verbally.
• We use your provided preferences and settings to customize recommendations and alerts.

6. Event Information & Third Parties

• We compile event, artist, and location details from third parties and public sources. We strive for accuracy but do not guarantee correctness, availability, pricing, cover charges, or lineup details.
• TONK is not a venue, promoter, booking agent, or ticket seller and is not responsible for venue policies, safety, capacity, or age restrictions.
• Maps, directions, and external links are provided as-is. Third-party sites have their own terms and policies.

7. Subscriptions, Billing & Refunds

• Plans & Pricing. Choose the plan that fits you; pricing and renewal details are shown on the Stripe checkout/billing pages.
• Auto-Renewal. Subscriptions auto-renew by default until you cancel via your account before the renewal date.
• Refunds. TONK provides no refunds except in the event of a significant service disruption affecting more than 50% of your subscription period; in such cases, we may issue a credit or refund (at our discretion) for the impacted period.
• Tickets & Fees. If you follow links to purchase tickets or services, those transactions are with third parties, not TONK.

8. Intellectual Property & Licenses

• Our IP. The Service, including the TONK brand, trademarks, logos, data collection and curation processes, background automations, software, and user interface, is owned by Tonk Ventures LLC or its licensors and protected by law. We grant you a limited, personal, non-transferable, revocable license to use the Service as permitted by these Terms.
• Third-party factual data. Event, artist, and location information remains the property of their respective owners. TONK does not claim ownership of such factual information; we compile and present it to help users discover music.
• User sharing. You may share or post about TONK (e.g., screenshots, links) for personal, non-commercial purposes, provided you do not misrepresent affiliation or remove proprietary notices. This does not grant you any ownership in TONK.
• User Content (if enabled). If you submit reviews, comments, or other content ("UGC"), you retain your rights but grant TONK a worldwide, royalty-free, sublicensable and transferable license to host, store, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works of your UGC to operate, promote, and improve the Service. We may remove UGC that violates these Terms.
• Feedback. Suggestions and feedback may be used by TONK without obligation to you.

9. DMCA Policy (Copyright)

If you believe content on TONK infringes your copyright, email alexander@tonkai.chat with a DMCA notice that includes: (a) your contact info, (b) identification of the copyrighted work, (c) the specific URL(s) of allegedly infringing material, (d) a statement of good-faith belief, (e) a statement under penalty of perjury that your notice is accurate and you are authorized, and (f) your physical or electronic signature.

If your content was removed in error, you may send a counter-notice with the required elements. TONK may terminate accounts of repeat infringers.

10. Termination

You may stop using TONK at any time. We may suspend or terminate your access for any violation of these Terms, suspected abuse, legal risk, or technical/security reasons. Sections that by nature survive will survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF EVENT DATA.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) US$100 OR (B) THE AMOUNTS YOU PAID TO TONK IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless TONK from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your UGC; (c) your violation of these Terms or applicable law; or (d) illegal scraping, automated access without permission, or IP violations.

14. Governing Law & Venue

These Terms are governed by the laws of the State of Tennessee, without regard to conflicts of laws. The exclusive venue for disputes is the state or federal courts located in Nashville (Davidson County), Tennessee, and you consent to their jurisdiction. (Nothing prevents either party from seeking injunctive relief for misuse of IP or breach of confidentiality.)

15. Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, Internet failures, power outages, or government actions.

16. Assignment; Severability; Entire Agreement

You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, sale, or reorganization. If any provision is unenforceable, the remainder remains in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and TONK regarding the Service.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new Effective Date and will email you for material changes. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

18. Contact

Questions, notices, or DMCA claims: alexander@tonkai.chat

Postal: 2901 Wheelock Rd, Charlotte, NC 28211