Terms of Use

Effective Date: May 25, 2026 Last Updated: May 25, 2026

These Terms of Use ("Terms") govern your access to and use of the Tonika application and website at tonika.io (the "Service"), operated by Awestruck Labs ("Awestruck," "we," "us," or "our").

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Tonika is a brand context repository. It provides structured storage, organization, and export of brand identity materials ("Brand Content") so that AI tools, team members, and external partners can work from a consistent source of truth.

Tonika is not a content generation tool, a design tool, or a marketing automation platform. It is infrastructure for brand context.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have authority to agree to these Terms on that organization's behalf.

3. Accounts

3.1 Registration

You must create an account to use the Service. You agree to provide accurate, current information and to keep your account credentials secure. You are responsible for all activity under your account.

3.2 Account Security

Notify us immediately at support@tonika.io if you believe your account has been compromised. We are not liable for losses resulting from unauthorized use of your account where you have failed to maintain the security of your credentials.

4. Subscription Tiers and Payments

4.1 Tiers

The Service is offered in the following tiers:

All tiers are subject to the stated limits. We reserve the right to modify pricing and tier limits with 30 days' notice to existing subscribers.

4.2 AI Credit Add-Ons

Paid tiers may purchase additional AI credits at $10 per 50 credits. Add-on credits do not roll over between billing periods.

4.3 Billing

Paid subscriptions are billed monthly in advance. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. All fees are stated in US dollars and are non-refundable except as required by applicable law.

4.4 Changes to Your Subscription

You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Upgrades take effect immediately. Downgrades and cancellations take effect at the end of the current billing period. If a downgrade places you over tier limits (workspaces, members, entries), you will need to reduce usage before the downgrade takes effect. No partial-period refunds are issued for cancellations or downgrades.

5. Your Content

5.1 Ownership

You retain all rights to Brand Content you create, upload, or import into the Service. Awestruck does not claim ownership of your Brand Content.

5.2 License to Operate

By using the Service, you grant Awestruck a limited, non-exclusive, worldwide license to host, store, process, and display your Brand Content solely as necessary to provide the Service to you. This license terminates when you delete your Brand Content or close your account.

5.3 AI Processing

When you use AI-powered features, excerpts of your Brand Content are transmitted to third-party AI providers to generate responses. You consent to this processing when you use AI features. We do not permit AI providers to use your Brand Content for model training.

5.4 Export

You can export your Brand Content at any time. Export formats vary by tier: Free tier supports Markdown export only; paid tiers support Markdown, JSON, PDF, and (for Agency tier) custom formats.

5.5 Content Responsibility

You are responsible for the legality and accuracy of your Brand Content. You represent that you have the right to upload, store, and process all content you add to the Service, and that your content does not violate any third party's intellectual property, privacy, or other rights.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload content that infringes on any third party's intellectual property rights, privacy rights, or other legal rights.
• Attempt to access another user's account, workspaces, or Brand Content without authorization.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use automated means (bots, scrapers) to access the Service except through our published APIs.
• Interfere with or disrupt the Service's infrastructure, security, or other users' access.
• Use the Service to store or transmit malware, viruses, or other harmful code.
• Resell, sublicense, or redistribute access to the Service without our written permission.
• Circumvent usage limits, AI credit caps, or other tier restrictions through technical means.

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice depending on the severity of the violation.

7. Intellectual Property

7.1 Tonika IP

The Service, including its design, code, features, documentation, trademarks, and visual identity (including the Tonika mark and the Bestiary archetype system), is the property of Awestruck Labs and is protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described here.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Awestruck a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate that feedback into the Service and related products, without obligation or compensation to you. This license does not extend to your Brand Content.

8. Beta Features and Early Access

8.1 Beta Designation

Tonika or specific features within it may be designated as beta, preview, or early access. Beta features are provided "as is" and may be incomplete, contain bugs, or be discontinued without notice.

8.2 Beta Limitations

Beta features may not be covered by our standard support or service level commitments. Data created in beta features may not be preserved if the feature is significantly modified or removed.

8.3 Current Status

As of the effective date, Tonika is in active development. Features, pricing, and availability may change. We will provide reasonable notice of material changes.

9. Third-Party Services

The Service may integrate with or reference third-party services (AI providers, payment processors, analytics tools). Your use of third-party services is governed by their respective terms and privacy policies. Awestruck is not responsible for the availability, accuracy, or practices of third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not warrant that AI-generated outputs will be accurate, complete, or suitable for any particular purpose. You are responsible for reviewing and verifying any output produced by AI features before relying on it.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AWESTRUCK LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

These limitations apply even if we have been advised of the possibility of such damages and even if a remedy fails its essential purpose.

12. Indemnification

You agree to indemnify, defend, and hold harmless Awestruck Labs and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your Brand Content, (c) your violation of these Terms, or (d) your violation of any third party's rights.

13. Termination

13.1 By You

You may close your account at any time through your account settings or by contacting support@tonika.io or privacy@tonika.io. Upon closure, your subscription ends at the current billing period's conclusion, and your Brand Content is retained for 30 days before permanent deletion.

13.2 By Us

We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the Service. Where possible, we will provide advance notice and an opportunity to export your Brand Content before termination.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases. Sections 5.1 (your ownership of Brand Content), 7.2 (Feedback), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law) survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property disputes or emergency relief. Class action waivers apply to the fullest extent permitted by law.

You agree to attempt informal resolution by contacting support@tonika.io before initiating any formal dispute resolution.

15. DMCA and Copyright Complaints

If you believe content on the Service infringes your copyright, submit a notice to our designated agent at legal@tonika.io containing:

• Identification of the copyrighted work
• Identification of the allegedly infringing content and its location
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on behalf of the owner
• Your physical or electronic signature

We will respond to valid DMCA notices in accordance with applicable law.

16. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date
• Notify you via email or in-app notification at least 30 days before material changes take effect
• Post the updated Terms at tonika.io/terms

Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the updated Terms, you may close your account before the changes take effect.

17. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Awestruck Labs regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver. Failure to enforce any provision does not constitute a waiver.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. We will send notices to the email address associated with your account. You are responsible for keeping your email address current.
• Force Majeure. We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including natural disasters, acts of government, internet or infrastructure failures, or third-party service outages.

18. Contact

For questions about these Terms:

Awestruck Labs Email: support@tonika.io Website: tonika.io

These Terms of Use were last updated on May 25, 2026.