TonerAI
Terms of Service
Effective Date: March 27, 2026 | Last Updated: March 27, 2026
These Terms of Service ("Terms") govern your access to and use of the TonerAI website, mobile application, and all related services, features, content, and functionality (collectively, the "Services"), operated by PingSolve LLC ("Company," "we," "us," or "our").
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to access or use the Services. By using the Services, you represent and warrant that:
- You meet the minimum age requirement
- You have the full legal capacity and authority to enter into this binding agreement
- You will comply with all applicable federal, state, local, and international laws and regulations
- You are not prohibited from using the Services under any applicable law or regulation
If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Description of Services
TonerAI provides AI-assisted tools, recommendations, formula suggestions, and outputs related to hair color formulation and color theory. The Services are designed as educational and informational resources created by stylists, for stylists.
CRITICAL DISCLAIMER: TonerAI is an informational and educational tool ONLY. It is NOT a licensed cosmetology service, chemical advisory service, medical service, or professional advisory service of any kind. TonerAI does NOT provide professional cosmetology advice, and no output should be treated as such.
3. Professional & Safety Disclaimer
You expressly acknowledge and agree that:
- All outputs, formulas, and recommendations are suggestions only and are NOT guaranteed results
- Hair color results depend on numerous variables outside our control, including but not limited to hair condition, porosity, previous color history, water quality, developer strength, application technique, processing time, and environmental conditions
- TonerAI is NOT a substitute for professional cosmetology training, education, licensing, continuing education, or hands-on experience
- You must always rely on your own professional training, judgment, expertise, and applicable state or jurisdiction licensing requirements
Your Sole Responsibility
You are solely and exclusively responsible for:
- Performing proper patch tests and strand tests before any chemical application
- Conducting thorough client consultations and health/allergy assessments
- Ensuring compliance with all chemical safety standards and manufacturer guidelines
- All client outcomes, including but not limited to hair damage, color results, and client satisfaction
- Maintaining all required professional licenses, certifications, and insurance coverage
- Independently verifying all AI-suggested formulas before any application
We Are NOT Liable For
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINGSOLVE LLC SHALL HAVE ABSOLUTELY NO LIABILITY FOR:
- Any damage to hair, scalp, skin, or any body part
- Allergic reactions, chemical burns, irritation, or any physical injuries of any kind
- Incorrect, inaccurate, or unexpected formulations or color outcomes
- Business losses, lost revenue, client complaints, or client dissatisfaction
- Loss of clients, reputation, or professional standing
- Any harm resulting from the application of any formula or suggestion provided by the Services
4. Brand & Trademark Disclaimer
TonerAI is not connected to, affiliated with, endorsed by, or sponsored by any hair color brand, manufacturer, distributor, or retailer 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.
Any references to brands or products within the Services are used solely for identification, compatibility reference, and informational 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.
5. AI Disclaimer (Critical)
THIS SECTION CONTAINS CRITICAL INFORMATION ABOUT THE LIMITATIONS OF AI-GENERATED CONTENT. PLEASE READ IT IN ITS ENTIRETY.
The Services utilize artificial intelligence and machine learning systems that:
- May generate inaccurate, incomplete, inconsistent, or misleading outputs at any time
- May produce different results for identical inputs
- Do NOT replace human professional judgment, training, or expertise under any circumstances
- Are NOT designed or intended to serve as the sole basis for professional decisions
- May experience errors, interruptions, or degraded performance without notice
No Warranties on AI Outputs
ALL AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO FORMULAS, SUGGESTIONS, RECOMMENDATIONS, AND INFORMATIONAL OUTPUTS, IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, timeliness, non-infringement, or suitability for any particular use.
Assumption of All Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS associated with the use of, reliance on, or application of any AI-generated content. The Company shall bear no responsibility whatsoever for any consequences arising from such use, reliance, or application.
6. User Responsibilities
By using the Services, you agree and acknowledge that:
- You use the Services entirely at your own risk
- You will NOT rely solely on AI-generated recommendations for any professional service, chemical application, or client treatment
- You will independently verify and validate all outputs, formulas, and suggestions before use
- You will comply with all applicable laws, regulations, safety standards, manufacturer instructions, and professional licensing requirements at all times
- You will maintain appropriate professional liability insurance coverage
- You are solely responsible for any and all consequences of applying AI-generated suggestions
- You will not use the Services in any manner that could cause harm to any person
7. User Content & License
If you submit, upload, or provide any content to the Services (including but not limited to images, text inputs, data, photos, formulas, or any other materials) ("User Content"):
Ownership
You retain ownership of your original User Content.
License Grant
By submitting User Content, you grant PingSolve LLC a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to:
- Use, reproduce, modify, adapt, publish, translate, and distribute User Content
- Process and analyze User Content for any purpose, including AI training and improvement
- Create derivative works from User Content
- Display and distribute User Content in any media or format now known or hereafter developed
- Sublicense the foregoing rights to our service providers and partners
We may use User Content in aggregated, anonymized, or de-identified form without restriction, obligation, or compensation to you. This license survives termination of your account or these Terms.
Your Representations
By submitting User Content, you represent and warrant that:
- You own or have all necessary rights and permissions to submit the content
- The content does not infringe any third-party intellectual property, privacy, or other rights
- The content does not violate any law or regulation
8. Prohibited Uses
You agree not to:
- Use the Services for any unlawful, fraudulent, or prohibited purpose
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
- Copy, reproduce, or redistribute the platform, algorithms, or any proprietary content
- Interfere with, disrupt, or circumvent the security or integrity of the Services or any systems
- Use automated tools (bots, scrapers, crawlers) to access the Services without written consent
- Use AI outputs for harmful, unsafe, deceptive, or malicious purposes
- Misrepresent AI outputs as guaranteed, certified, or professionally validated results
- Resell, sublicense, or commercially exploit the Services without prior written authorization
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Use the Services in any manner that could damage, disable, or impair the platform
Violation of this section may result in immediate termination of your access without notice or refund.
9. Payments & Subscriptions
Pricing
Certain features of the Services require a paid subscription. By purchasing a subscription, you agree to pay all applicable fees. We reserve the right to change pricing at any time upon reasonable notice.
Billing
- Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date
- You are responsible for all charges incurred under your account
- All fees are stated in U.S. dollars unless otherwise specified
Refund Policy
All fees are generally non-refundable except where required by applicable law. For subscriptions purchased through the Apple App Store, Google Play Store, or other third-party platforms, refund policies of those respective platforms shall apply.
Free Trials
If offered, free trials automatically convert to paid subscriptions at the end of the trial period unless canceled before the trial expires. You may cancel your free trial at any time through your subscription settings or the applicable app store.
Third-Party Payment Processing
Payments are processed by third-party payment providers (including but not limited to Stripe, Apple In-App Purchase, and Google Play Billing). We do not store or have access to your complete payment card information. Your use of third-party payment services is subject to their respective terms and privacy policies.
10. Intellectual Property
All right, title, and interest in and to the Services (excluding User Content), including but not limited to all software, code, algorithms, AI models, designs, text, graphics, logos, icons, images, audio, and the overall look and feel of the Services, are and shall remain the exclusive property of PingSolve LLC or its licensors, protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, subject to these Terms. This license does not include any right to reproduce, distribute, modify, publicly display, or create derivative works of the Services.
11. Termination
We may suspend, restrict, or terminate your access to the Services at any time, for any reason or no reason, with or without notice, and without any liability to you. Grounds for termination include but are not limited to:
- Violation of these Terms or any applicable law
- Non-payment of fees
- Fraudulent, abusive, or harmful activity
- Requests by law enforcement or government agencies
- Discontinuation of the Services or any portion thereof
Upon termination:
- All rights and licenses granted to you shall immediately terminate
- You must immediately cease all use of the Services
- We may delete your account and all associated data without obligation to preserve it
- Sections that by their nature should survive termination shall remain in effect (including Sections 3, 4, 5, 7, 11-19)
12. Disclaimer of Warranties
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR OBLIGATIONS AND YOUR REMEDIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS
- QUIET ENJOYMENT
- TITLE
WE DO NOT WARRANT OR GUARANTEE:
- ERROR-FREE, UNINTERRUPTED, OR SECURE OPERATION OF THE SERVICES
- CONTINUOUS OR UNINTERRUPTED AVAILABILITY
- THAT RESULTS OBTAINED FROM THE SERVICES WILL BE CORRECT, ACCURATE, OR RELIABLE
- THAT DEFECTS WILL BE CORRECTED
- THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
13. Limitation of Liability
THIS SECTION LIMITS OUR LIABILITY TO YOU. PLEASE READ CAREFULLY.
Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINGSOLVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER
- PROFESSIONAL ERRORS, INCORRECT FORMULATIONS, OR CLIENT OUTCOMES
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- ANY MATTER BEYOND THE COMPANY'S REASONABLE CONTROL
REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES 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.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Indemnification
You agree to defend, indemnify, and hold harmless PingSolve LLC, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your access to or use of the Services
- Your violation of these Terms or any applicable law or regulation
- Your reliance on or application of any AI-generated outputs or suggestions
- Any harm, injury, damage, or loss caused to any third party (including clients)
- Your User Content or any claim that your User Content infringes third-party rights
- Any professional services you perform using information obtained from the Services
- Your negligence, willful misconduct, or breach of professional duties
We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with our defense of such claims.
15. Governing Law
These Terms 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. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Ada County, Idaho.
16. Mandatory Binding Arbitration
THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
Agreement to Arbitrate
You and PingSolve LLC mutually agree that ALL disputes, claims, and controversies arising out of or relating to these Terms, the Services, or your relationship with the Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules.
Arbitration Procedures
- The arbitration shall be conducted in Boise, Idaho, before a single arbitrator
- The arbitration proceedings shall be confidential
- The arbitrator's decision shall be final, binding, and non-appealable
- Judgment on the award may be entered in any court of competent jurisdiction
- The arbitrator shall apply Idaho law consistent with the Federal Arbitration Act
Waiver of Rights
BY AGREEING TO THESE TERMS, YOU EXPRESSLY AND KNOWINGLY WAIVE:
- YOUR RIGHT TO A TRIAL BY JURY
- YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT
- YOUR RIGHT TO PARTICIPATE IN CLASS-WIDE ARBITRATION
- YOUR RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CONSOLIDATED PROCEEDING
Costs and Fees
Each party shall bear its own attorneys' fees, costs, and expenses in connection with the arbitration unless the arbitrator determines that a party's claim or defense was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
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, confidentiality obligations, or unauthorized use of the Services.
Statute of Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE. FAILURE TO FILE WITHIN THIS PERIOD SHALL RESULT IN THE PERMANENT AND IRREVOCABLE WAIVER OF SUCH CLAIM.
17. Class Action Waiver
YOU AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY 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.
18. Force Majeure
We shall not be liable for any failure to perform or delay in performing our obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, epidemics, or pandemics
- Internet, telecommunications, or infrastructure outages or failures
- Government actions, orders, regulations, or restrictions
- Third-party service provider failures or disruptions
- War, terrorism, civil unrest, or similar events
- Power failures, hardware failures, or software bugs
- Cyberattacks, data breaches, or security incidents
19. Apple App Store Additional Terms
If you access or download the Services through the Apple App Store, the following additional terms apply:
- These Terms are between you and PingSolve LLC only, and not with Apple Inc. ("Apple")
- Apple has no obligation to furnish any maintenance or support services for the Services
- In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services
- Apple is not responsible for addressing any claims relating to the Services or your possession and/or use of the Services
- In the event of any third-party claim that the Services or your possession and use infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such claim
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties
20. Google Play Additional Terms
If you access or download the Services through Google Play, the following additional terms apply:
- These Terms are between you and PingSolve LLC only, and not with Google LLC or any of its affiliates
- Your use of the Services must comply with Google Play's then-current Terms of Service
- Google is not responsible for the Services, and Google has no obligation to provide support, maintenance, or updates
- Google is a third-party beneficiary of these Terms
21. Modifications to Terms
We reserve the right to modify, update, or replace these Terms at any time and in our sole discretion. Changes are effective immediately upon posting to the Services. We may, but are not required to, provide notice of material changes via email or in-app notification.
It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes your binding acceptance of the updated Terms. If you do not agree to any modified Terms, you must immediately stop using the Services.
22. Severability
If any provision of these Terms 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. If modification is not possible, the provision shall be severed and the remaining Terms shall be enforced.
23. Waiver
No failure or delay by PingSolve LLC in exercising any right, power, or privilege under these Terms shall constitute a waiver thereof, nor shall any single or partial exercise preclude further exercise of any right, power, or privilege. All rights and remedies are cumulative and not exclusive.
24. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and PingSolve LLC with respect to the Services, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter hereof.
25. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction or notice to you.
26. Contact Information
If you have questions, concerns, or requests regarding these Terms of Service, please contact us:
PingSolve LLC
Email: support@pingsolve.com
© 2026 PingSolve LLC. All rights reserved. TonerAI is a product of PingSolve LLC.