Terms of Service

Last updated 02/20/2025Contact: [email protected]

By signing up and subscribing to the inKibra platform (“inKibra”), including but not limited to recordless.app, tonetempo.com, inkibra.com, and the ToneTempo service (collectively, the "Website" and "Apps"), you are agreeing to be bound by these terms of service (“Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These Terms of Use govern your use of the Website, our mobile and desktop apps (our "Apps"), and all related players, widgets, tools, features, applications, data, software, APIs (the “Services”). If you do not agree with any of the provisions set out in these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

We reserve the right to change, alter, replace, or otherwise modify these Terms of Use at any time, for example, to address legal or regulatory changes or changes to features or functionality made available through the Platform, at our discretion.

Description of Service

inKibra is a platform that provides users with access to a diverse range of music discovery and promotion tools, designed for individuals and entities involved in creating, curating, and promoting music now known or hereafter developed. Additionally, through the ToneTempo service, inKibra offers workout-related features, including AI-guided workouts and AI DJ'd music synced to those workouts, available under both free and paid plans (collectively, the “Service”).

  • The free plan allows users to view workouts.
  • The paid plan, currently priced at $9.99 per month (subject to change), provides access to AI-guided workouts and AI DJ'd music synced to the workouts, streamed under an internet radio license using inKibra’s own music catalog.

You understand and agree that the Service may include advertisements, and these advertisements are necessary for inKibra to provide the Service. The Service may also include certain communications from inKibra, such as service announcements, user messages, administrative messages, and your personal inKibra profile updates, and these communications are considered part of inKibra membership, with no option to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new inKibra properties, shall be subject to these Terms. You understand and agree that the Service is provided “AS-IS,” and inKibra assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings.

We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features.

The Recordless Studio Desktop Application is provided as a not-for-profit preview. Users are advised that this service is for preview purposes only and should not be widely spread, distributed, or used for commercial purposes. inKibra reserves the right to terminate or modify the service at its discretion.

Subscription to ToneTempo

ToneTempo offers both free and paid subscription plans. The free plan allows users to view workouts, while the paid plan, currently priced at $9.99 per month (subject to change), provides access to AI-guided workouts and AI DJ'd music synced to the workouts. Subscription fees are billed in advance on a monthly basis and are non-refundable, except as required by law. You may cancel your subscription at any time, but no refunds will be provided for any unused portion of the current billing period. inKibra reserves the right to change the subscription fees or introduce new fees at any time, upon reasonable notice to you.

User Responsibility for Workout Activities

By using the ToneTempo service, you acknowledge and agree that participating in physical workouts carries inherent risks, and you assume all responsibility for any injuries or damages that may result from following the workout guides provided. inKibra does not guarantee the safety or effectiveness of any workout and is not liable for any injuries, losses, or damages arising from your use of the workout features. You should consult with a physician before beginning any exercise program and use your best judgment when performing physical activities.

Music Usage

inKibra streams music through the ToneTempo service under an internet radio license and utilizes its own catalog. You acknowledge that inKibra has obtained the necessary rights and licenses to stream this music for your personal, non-commercial use. You agree not to copy, redistribute, transmit, or otherwise misuse the music content provided through the Service. Any unauthorized use of the music content may violate copyright laws and result in termination of your account.

Apple App Store Terms

If you download and use our Apps from the Apple App Store, the following additional terms apply:

  1. Acknowledgement: You acknowledge that this Agreement is between you and inKibra, and not with Apple, and that inKibra, not Apple, is solely responsible for the App and its content.
  2. Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and Support: inKibra is solely responsible for providing any maintenance and support services for the App, as specified in this Agreement or as required under applicable law. Apple has no obligation to provide any maintenance or support services for the App.
  4. Warranty: inKibra is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be inKibra’s sole responsibility.
  5. Product Claims: inKibra, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  6. Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, inKibra, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: For any questions, complaints, or claims regarding the App, please contact inKibra at: InKibra, Inc., Georgia, USA. Email: [email protected].
  9. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App.
  10. Third Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”). You must maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, inKibra has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you must respect the rights of third-party creators and content owners.

Free Services

inKibra may make Free Services available to you, including the free plan for ToneTempo. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services are provided to you without charge up to certain limits set forth by inKibra and subject to change without notice. You agree that inKibra, in its sole discretion and for any or no reason, may terminate access to the Free Services or any part thereof. You agree that any termination of access to the Free Services may be without prior notice, and you agree that inKibra will not be liable to you or any third party for such termination.

Subscribing to the Service

You will pay subscription fees specified in Price Packages offered online, including for the ToneTempo paid plan. Except as otherwise specified herein, (i) subscription fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable, and fees paid are non-refundable, (iii) quantities purchased cannot be decreased during the relevant subscription term. You will provide inKibra with accurate billing and contact information. If the Order Form specifies that payment will be by a method other than a credit card, inKibra will invoice you in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to inKibra and notifying inKibra of any changes to such information.

User Responsibility for Music Usage

By using the inKibra Website, Apps, and Services, you agree that you are solely responsible for obtaining all necessary permissions and licenses for the use of music within Recordless Studio. inKibra does not provide any music licensing for Recordless Studio or permissions and assumes no liability for any unauthorized use of copyrighted music within Recordless Studio.

Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not inKibra, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. inKibra does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will inKibra be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.

You agree not to use the Service to:

  1. Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  2. Harm minors in any way.
  3. Impersonate any person or entity, including, but not limited to, an inKibra official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
  5. Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  6. Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
  7. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  8. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
  10. Intentionally or unintentionally violate any applicable local, state, national, or international law.

Termination

You agree that inKibra may, under certain circumstances and without prior notice, immediately terminate your inKibra account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:

  1. Breaches or violations of the Terms or other incorporated agreements or guidelines.
  2. Requests by law enforcement or other government agencies.
  3. A request by you (self-initiated account deletions).
  4. Discontinuance or material modification to the Service (or any part thereof).
  5. Unexpected technical or security issues or problems.
  6. Extended periods of inactivity.
  7. Engagement by you in fraudulent or illegal activities.
  8. Nonpayment of any fees owed by you in connection with the Services.
  9. Misuse of the ToneTempo service, including but not limited to, unauthorized distribution of music content or violation of workout-related terms.

Termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

General Practices Regarding Use and Storage

You acknowledge that inKibra may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on inKibra servers on your behalf. You agree that inKibra has no responsibility or liability for the deletion or failure to store any data or other Content maintained or uploaded by the Service. You acknowledge that inKibra reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that inKibra reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Additional Rights

You agree to the following additional rights:

  1. inKibra has the right to display your profile and such other information you may provide as part of your account in accordance with your preferences set in your account.
  2. inKibra reserves the right to refuse service to anyone for any reason at any time.
  3. inKibra may, but has no obligation to, remove Content and accounts containing Content that we determine, in our sole discretion, violates these Terms.
  4. inKibra may, but has no obligation to, at any time and without prior notice, remove or disable access to any Content that, in inKibra’s sole discretion, is objectionable for any reason or in violation of these Terms.
  5. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify inKibra of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. inKibra cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Content Submitted or Made Available for Inclusion on the Service

inKibra does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant inKibra a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish such Content on the Service solely for the purpose of displaying, distributing, and promoting the specific inKibra properties to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or inKibra removes such Content from the Service.

Indemnification

You agree to indemnify and hold inKibra, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service, including but not limited to, claims related to your use of the ToneTempo service or any workout-related activities. inKibra reserves the right to take over the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE, INCLUDING THE TONETEMPO SERVICE, IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INKIBRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. INKIBRA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INKIBRA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. SPECIFICALLY REGARDING TONETEMPO, INKIBRA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE WORKOUT GUIDES OR MUSIC CONTENT FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE TONETEMPO SERVICE IS AT YOUR SOLE RISK.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INKIBRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF INKIBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SERVICE.
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
  5. TERMINATION OF THE SERVICE.
  6. ANY OTHER MATTER RELATING TO THE SERVICE.
  7. SPECIFICALLY REGARDING TONETEMPO, INKIBRA SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES ARISING FROM YOUR USE OF THE TONETEMPO SERVICE, INCLUDING BUT NOT LIMITED TO, INJURIES SUSTAINED WHILE FOLLOWING WORKOUT GUIDES OR LISTENING TO MUSIC CONTENT.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.

Special Admonition for Services Relating to Financial Matters

If you intend to create or join any service, receive or request any news, messages, alerts, or other information from the Service concerning companies, stock quotes, investments, or securities, please read the above “Disclaimer of Warranties” and “Limitation of Liability” sections again. They go doubly for you. In addition, for this type of information, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. inKibra and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

No Third-Party Beneficiaries

Except as expressly provided in the “Apple App Store Terms” section, you agree that there shall be no third-party beneficiaries to this agreement.

Notice

inKibra may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

Trademarks

The trademarks and service marks of inKibra, including our various logos, are owned by inKibra. Any other trademarks, service marks, logos, and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

General Information

The Terms constitute the entire agreement between you and inKibra and govern your use of the Service, superseding any prior agreements between you and inKibra. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. The Terms and the relationship between you and inKibra shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and inKibra agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton County, Georgia. The failure of inKibra to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute of law or regulation to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the Terms to our customer support team.

Questions/Contact Information

If you have any questions about these Terms of Service, please contact us.