TonerAI
Privacy Policy

Effective Date: March 27, 2026 | Last Updated: March 27, 2026

This Privacy Policy ("Policy") describes how PingSolve LLC ("Company," "we," "us," or "our") collects, uses, discloses, and protects information when you access or use the TonerAI mobile application, website, and related services (collectively, the "Services").

By accessing or using the Services, you agree to this Privacy Policy and our Terms of Use. If you do not agree, you must immediately cease all use of the Services.

1. Important Legal Notice

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES, CLAIMS, AND CONTROVERSIES ARISING OUT OF OR RELATING TO THE SERVICES, THIS POLICY, OR YOUR RELATIONSHIP WITH THE COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS THEN-CURRENT COMMERCIAL ARBITRATION RULES, AND NOT IN ANY COURT OF LAW.

THE ARBITRATION SHALL BE CONDUCTED IN BOISE, IDAHO, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR'S DECISION SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

Waiver of Jury Trial

YOU EXPRESSLY AND KNOWINGLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THE SERVICES OR THIS POLICY.

Class Action and Collective Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER CONSOLIDATED OR JOINT PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, THIS POLICY, OR YOUR USE THEREOF SHALL NOT EXCEED THE GREATER OF:

ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD); OR
THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS
COST OF PROCUREMENT OF SUBSTITUTE SERVICES
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
ANY THIRD-PARTY ACTIONS, CONTENT, PRODUCTS, OR SERVICES
ANY MATTER BEYOND THE COMPANY'S REASONABLE CONTROL

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless PingSolve LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your use or misuse of the Services, your violation of this Policy, or your violation of any rights of a third party.

2. Information We Collect

We may collect the following categories of information:

A. Information You Provide Voluntarily

Name, email address, and username
Profile information and preferences
Uploaded content (e.g., images, hair color inputs, preferences)
Communications with us (support inquiries, feedback)

B. Automatically Collected Information

IP address and approximate geolocation
Device type, operating system, and browser information
Usage data, interactions, session logs, and analytics
Cookies, pixels, and similar tracking technologies

C. AI-Generated and Input Data

Inputs you submit to TonerAI (e.g., hair color levels, toner selections)
Outputs and formulas generated by the AI

IMPORTANT: We make absolutely no guarantee of the accuracy, reliability, completeness, or suitability of any AI-generated outputs. See Section 12 (AI Disclaimer) for full details.

D. Third-Party Data

If you sign in through services such as Google, Apple, or Facebook, we may receive:

Name and email address
Profile data and avatars
Authentication tokens

E. Payment Information

Payments are processed exclusively by third-party payment providers (e.g., Stripe, Apple In-App Purchase, Google Play Billing). We do not store, process, or have access to your full payment card details.

3. How We Use Information

We may use your information for the following purposes:

Provide, operate, maintain, and improve the Services
Develop new features, products, and AI functionality
Personalize and customize your user experience
Communicate with you, including marketing and promotional messages (unless you opt out)
Detect, prevent, and address fraud, abuse, security threats, or illegal activity
Enforce our legal rights, this Policy, and our Terms of Use
Comply with applicable laws, regulations, and legal processes
Train, improve, and develop AI models and algorithms

We may also use data in aggregated, anonymized, or de-identified form for any lawful purpose without restriction or obligation to you.

4. How We Share Information

We may share your information in the following circumstances:

With service providers (hosting, analytics, payments, AI processing, customer support)
With affiliates, subsidiaries, and related entities
In connection with a business transfer (merger, acquisition, sale of assets, bankruptcy, or reorganization)
To comply with legal obligations, subpoenas, court orders, or government requests
To protect the rights, safety, or property of PingSolve LLC, our users, or the public
With your consent or at your direction

We may share aggregated, anonymized, or de-identified data freely and without restriction.

5. Data Retention

We retain information:

As long as reasonably necessary for legitimate business purposes
As required or permitted by applicable law
As needed to resolve disputes, enforce agreements, and establish legal defenses

We reserve the right to delete, anonymize, or de-identify your data at any time, without prior notice or liability to you.

6. Cookies & Tracking Technologies

We use cookies, web beacons, pixels, and similar technologies to:

Improve functionality and user experience
Analyze usage patterns and trends
Deliver relevant advertising and measure campaign effectiveness

You may disable cookies through your browser or device settings. However, disabling cookies may impair certain features and functionality of the Services. Your continued use of the Services with cookies enabled constitutes your consent to our use of such technologies.

7. Third-Party Services

The Services may integrate with, contain links to, or be accessed through third-party platforms, services, or applications that are not owned or controlled by PingSolve LLC.

WE ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ALL LIABILITY FOR:

Third-party privacy practices, policies, or procedures
Third-party data handling, security, or breaches
Third-party content, products, or services
Any damages or losses arising from your use of third-party services

Your use of any third-party services is entirely at your own risk.

8. Data Security Disclaimer

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect your information. However:

NO METHOD OF TRANSMISSION OVER THE INTERNET OR ELECTRONIC STORAGE IS 100% SECURE. WE DO NOT AND CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR INFORMATION. YOU ACKNOWLEDGE THAT YOU PROVIDE INFORMATION AT YOUR OWN RISK AND THAT WE SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF YOUR DATA.

9. International Users

Your data may be transferred to and processed in the United States or other jurisdictions that may have different data protection laws than your country of residence. By using the Services, you expressly consent to such transfers, storage, and processing. We are not responsible for the data protection practices of jurisdictions outside the United States.

10. Your Rights

Depending on your jurisdiction, you may have rights to:

Access your personal data
Request deletion of your personal data
Correct inaccuracies in your personal data
Opt out of certain types of data processing
Request data portability

We may:

Require identity verification before processing any request
Deny or limit requests as permitted by applicable law
Charge a reasonable fee for excessive or manifestly unfounded requests

To exercise your rights, contact us at support@pingsolve.com. We will respond within any legally required timeframe.

11. Children's Privacy

The Services are not intended for, directed at, or designed to attract users under the age of 13 (or the applicable higher age threshold in your jurisdiction). We do not knowingly collect, solicit, or maintain personal information from children. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us immediately and we will take steps to delete such information.

12. Comprehensive AI Disclaimer

PLEASE READ THIS SECTION IN ITS ENTIRETY. IT CONTAINS CRITICAL INFORMATION ABOUT THE LIMITATIONS OF AI-GENERATED CONTENT.

TonerAI uses artificial intelligence and machine learning technologies to generate hair toning formula suggestions based on color theory principles. You expressly acknowledge and agree to the following:

No Professional Substitute

TONERAI IS NOT A SUBSTITUTE FOR PROFESSIONAL COSMETOLOGY TRAINING, EDUCATION, LICENSING, OR HANDS-ON EXPERIENCE. THE AI-GENERATED FORMULAS AND SUGGESTIONS ARE PROVIDED SOLELY AS EDUCATIONAL REFERENCE TOOLS AND CREATIVE STARTING POINTS CREATED BY STYLISTS, FOR STYLISTS. YOU MUST ALWAYS RELY ON YOUR OWN PROFESSIONAL TRAINING, JUDGMENT, EXPERTISE, AND APPLICABLE STATE LICENSING REQUIREMENTS WHEN PERFORMING ANY HAIR COLOR SERVICES.

No Warranties

ALL AI-GENERATED CONTENT, FORMULAS, SUGGESTIONS, AND OUTPUTS ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, OR SUITABILITY FOR ANY USE.

Assumption of Risk

YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF, RELIANCE ON, OR APPLICATION OF ANY AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO:

Inaccurate, incomplete, or unexpected formula results
Hair damage, color correction needs, or adverse chemical reactions
Client dissatisfaction, complaints, or claims
Any physical, financial, or reputational harm

Professional Responsibility

It is your sole and exclusive responsibility to: (a) independently verify all AI-suggested formulas before application; (b) perform all standard professional procedures including strand tests, patch tests, and client consultations; (c) comply with all applicable laws, regulations, and professional licensing requirements in your jurisdiction; and (d) maintain all required professional insurance coverage.

No Liability for AI Outputs

PINGSOLVE LLC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY OUTCOMES, DAMAGES, INJURIES, LOSSES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON ANY AI-GENERATED CONTENT, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE.

13. Trademark & Brand Disclaimer

TonerAI is not connected to, affiliated with, endorsed by, or sponsored by any hair color brand, manufacturer, or distributor referenced, displayed, or mentioned within the Services. All trademarks, trade names, logos, brand names, and product names are the exclusive property of their respective owners and are used solely for identification and reference purposes.

TonerAI provides formula suggestions based on color theory principles, created by stylists for stylists. The inclusion of any brand name or product reference does not imply any partnership, sponsorship, endorsement, approval, or affiliation between PingSolve LLC and any such brand, manufacturer, or rights holder.

14. Changes to This Policy

We reserve the right to modify, update, or replace this Policy at any time and in our sole discretion. Changes are effective immediately upon posting to the Services. It is your responsibility to review this Policy periodically. Your continued use of the Services after any changes constitutes your binding acceptance of the updated Policy.

15. Governing Law & Dispute Resolution

This Policy and all related disputes shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law principles or provisions.

Binding Arbitration Terms

All disputes shall be resolved by final and binding individual arbitration under AAA Commercial Arbitration Rules
Arbitration location: Boise, Idaho
No class actions, collective actions, or representative proceedings permitted
Each party shall bear its own attorneys' fees, costs, and expenses unless the arbitrator determines otherwise
The arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement

Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

Statute of Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS POLICY MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE. FAILURE TO FILE WITHIN THIS PERIOD SHALL RESULT IN PERMANENT WAIVER OF THE CLAIM.

16. Severability

If any provision of this Policy is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

This Policy, together with our Terms of Use, constitutes the entire agreement between you and PingSolve LLC with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

18. Contact Information

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:

PingSolve LLC
Email: support@pingsolve.com

TonerAIPrivacy Policy