Tonal
Terms & Conditions

Tonal Systems Inc. Refer-a-Friend Program Terms & Conditions

Effective March 7, 2023 (the “Effective Date”)

You can find the earlier version(s) in our archive.

• Terms and Conditions. Your participation in the Tonal Referral Program (the “Program”) is governed by these Referral Program Terms & Conditions (the “Terms and Conditions”), together with any agreements between you and Tonal Systems, Inc. (“Tonal”) including our Terms of Service and Privacy Policy (which are hereby incorporated by reference). Tonal offers the Program to current Tonal members who refer friends and family to Tonal using your unique referral link (each, an “Advocate”) and those who arrive at Tonal’s website by clicking an Advocate’s referral link (each, a “Referred Customer”).   
  
  
• Qualified Purchase. A “Qualified Purchase” is defined as a purchase made by a Referred Customer of the Tonal trainer (the “Tonal Trainer”) directly from Tonal at www.tonal.com/product/tonal with the applicable discount code, provided that the Referred Customer does not return the Tonal Trainer within 30 days of installation. An Advocate is limited to one Qualified Purchase for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Purchases. Only one (1) discount code or advertised promotion may be applied per Referred Customer purchase. 
  
  
•  Advocate Referral Rewards. As an Advocate, you may qualify to earn a complimentary one-month Tonal membership (value of $59.95) with each Qualified Purchase (each earned complimentary one-month Tonal membership, a “Referral Reward”), as may be further described at the Referral Site.  A Referral Reward is deemed to be earned on the 31st day after a Qualified Purchase. The maximum number of Referral Rewards earned and redeemable by any Advocate is ten (10) per calendar year, except as stated below for 2023, beginning at 12:01AM Pacific Standard Time January 1 and ending 11:59 PM Pacific Standard Time December 31 of the relevant calendar year. 2023: Between the Effective Date and December 31, 2023, the maximum number of Referral Rewards earned and redeemable by any Advocate is eight (8).  Note that if you have already met the maximum number of Referral Rewards by the time these Terms and Conditions are published, you are not eligible for any Referral Rewards for the remainder of the relevant calendar year.  Referral Rewards do not expire, and they may not be combined with any other promotion or discount.    
  
  
• Referred Customer Rewards. Each Referred Customer is eligible for one (1) $125 discount code that is redeemable towards their purchase of a Tonal trainer on Tonal’s website if their purchase qualifies as a Qualified Purchase (a “Referred Customer Reward”).  Referred Customer Rewards expire on the date indicated in the communication issued to a Referred Customer’s email address. Only one (1) discount code or advertised promotion may be applied per purchase.  
  
  
• Eligibility. Each Advocate and Referred Customer must: (i) be a natural person (i.e., no businesses, legal entities, or pets) residing in and located in the 50 United States or the District of Columbia; and (ii) consent to and comply with these Terms and Conditions. An Advocate must be a confirmed purchaser of a Tonal Trainer with an active Tonal membership subscription in order to qualify for the Program. The Referred Customer and the Advocate cannot be the same person (for example, by using a different email address). A Referred Customer must be a new customer of Tonal who pays for the Qualified Purchase.  Cancellations, returns, or exchanges will not be deemed Qualified Purchases. The Program cannot be used by businesses for affiliate lead generation.
  
  
• No Spam. You must comply with CAN-SPAM and other relevant laws.  For example, your messages must be created and distributed in a personal manner and not in bulk. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Program.  
  
  
• Restrictions.  Advocates and Referred Customers shall (a) avoid deceptive, misleading, or unethical practices that are or might be detrimental to Tonal, its customers, or the public; and (b) make no express or implied representations, warranties, or guarantees with regards to the Tonal Trainer, Smart Accessories and any other Tonal product or service. Advocates may not post any referral links directly on Tonal’s social media page(s) without written permission from an authorized Tonal representative. An advocate may not post or distribute referral links for any commercial purpose or otherwise publicize for use by the general public or on sites where you are not the primary owner or operator. Tonal reserves the right to refuse to honor referral codes and/or terminate your eligibility for the Program if Tonal, at its sole discretion, suspects abuse (such as posting your Advocate referral link to deal or coupon aggregator sites or review sites).
  
  
• Reservation of Rights.  Tonal reserves the rights to: (i) refuse to honor Referral Rewards and Referred Customer Rewards, (ii) deactivate referral links and/or (iii) close your account/terminate your eligibility for this program if Tonal suspects abuse (such as posting your referral link to deal or coupon aggregator sites, review sites, or video) or other violation of these Terms and Conditions.
  
  
• Right to Cancel Program or Change Terms. Tonal reserves the right to cancel the Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed Referral Rewards and Referred Customer Rewards will be forfeited at the time the Program is canceled. If we make changes to these Terms and Conditions, we will notify you by revising the date at the top of this document. We may also provide you with additional notice (such as by adding a statement to the Services, as defined in our Terms of Service, or sending you a notification), such as in connection with making material changes to this Program. We encourage you to review these Terms and Conditions regularly to stay informed about the then current rewards, eligibility, restrictions and other changes.    
  
  
• Indemnification.  Advocate or Referred Customer (as applicable), at its own expense will defend, indemnify and hold harmless Tonal, its affiliates, successors, assigns, members, shareholders, officers, directors, and agents against all liabilities, obligations, losses, damages, fines, judgments, settlements, charges, interest, expenses (including reasonable attorney fees) resulting from claims, demands, suits, actions, or proceedings arising out of or related to: (a) any warranties or guarantees offered by them regarding Tonal’s goods or services; (b) their infringement of any third party intellectual property right, and/or (c)  their violation of applicable law. 
  
  
• Limitation of Liability.  Except for claims against Advocate or Referred Customer arising out of or related to their misappropriation of Tonal’s intellectual property rights, neither party will be liable for any indirect, punitive, special, incidental, or consequential damages even if that party has previously been advised of or could reasonably have foreseen the possibility of such damages.
  
  
• Prior Rewards.  Under previous Tonal referral programs, referred customers received codes for a different discount; those will be honored at the prior programs’ stated amount.  Similarly, advocates received different types of rewards, namely discounts for purchases made in the Tonal Gear Shop, under prior referral programs; these rewards have been replaced by Tonal.  If you believe that you are eligible for a replacement reward, please contact Tonal at 855-MY-TONAL.  
  
  
• Miscellaneous. These Terms and Conditions are governed by the laws of the State of California, without reference to conflicts of laws principles. Tonal’s Referral Program is administered on Tonal’s behalf by Friendbuy, Inc.