Terms of Service

📜1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and VocaBuddy ("we," "us," "our," or "the Company") regarding your access to and use of the VocaBuddy mobile application ("App," "Service," or "Platform").

1.1 Agreement to Terms

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and policies referenced herein or made available through the App.

1.2 Capacity to Contract

• You must be at least 13 years of age to use the App
• Users under 18 must have parental or legal guardian consent
• You represent that you have the legal capacity to enter into this Agreement
• If accepting on behalf of an organization, you represent that you have authority to bind that organization

1.3 Changes to Agreement

We reserve the right to modify these Terms at any time. We will notify you of material changes via email (if provided) or in-app notification at least 30 days before the effective date. Your continued use of the App after changes take effect constitutes acceptance of the modified Terms.

📱2. Description of Service

VocaBuddy is an AI-powered vocabulary learning application that provides educational services including:

• Vocabulary Learning Tools: Word management, definitions, pronunciation guides, and example sentences
• AI-Powered Features: AI-generated word definitions, contextual examples, personalized stories, and smart recommendations powered by OpenAI's GPT technology
• Interactive Learning Games: Flashcards, multiple-choice quizzes, word-matching games, and other educational activities
• Progress Tracking: Statistics, achievements, learning streaks, and performance analytics
• Cloud Synchronization: Data synchronization across your Apple devices via iCloud
• Multi-language Support: Support for 17+ languages including English, Spanish, French, German, Italian, Portuguese, Turkish, Arabic, Chinese, Japanese, Korean, Hindi, Russian, Dutch, Swedish, Norwegian, Danish, and Polish

👤3. User Accounts

3.1 Account Creation

• You must sign in with your Apple ID to access the App
• You must provide accurate, current, and complete information
• You are responsible for maintaining the security of your account
• You must immediately notify us of any unauthorized use of your account

3.2 Account Responsibilities

You are solely responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your Apple ID credentials
• Complying with all applicable laws and these Terms
• Any content you create, upload, or share through the App

3.3 Account Restrictions

• One account per user; sharing accounts is prohibited
• You may not create an account using false information or on behalf of someone else without authorization
• You may not transfer, sell, or otherwise provide access to your account to third parties
• Violation of these restrictions may result in immediate account termination

💳4. Subscription Terms

4.1 Subscription Plans

VocaBuddy offers the following subscription tiers:

• Free Tier: Limited features with monthly quotas (5 AI enrichments, 1 story, 3 recommendations per month)
• Plus Tier ($4.99/month): Enhanced features with increased quotas (50 AI enrichments, 10 stories, 20 recommendations per month)
• Premium Tier ($9.99/month): Unlimited access to all features including unlimited AI enrichments, stories, and recommendations

4.2 Billing and Payment

• Payment Processing: All payments are processed through Apple's App Store and subject to Apple's terms and conditions
• Billing Cycle: Subscriptions are billed monthly on a recurring basis
• Charges: Your Apple ID account will be charged at confirmation of purchase
• Currency: Prices are listed in USD and may vary by region
• Taxes: Prices exclude applicable taxes unless otherwise stated; you are responsible for all applicable taxes

4.3 Auto-Renewal

4.4 Cancellation

You can cancel your subscription at any time through your Apple ID account settings:

1. Open Settings on your iOS device
2. Tap your name at the top
3. Tap Subscriptions
4. Select VocaBuddy
5. Tap Cancel Subscription

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until then. No partial refunds for the current period.

4.5 Refunds

• Apple's Policy: All subscription purchases are subject to Apple's refund policy
• Refund Requests: Refund requests must be submitted directly to Apple through their support channels
• No Direct Refunds: We cannot directly process refunds for App Store purchases
• Free Trial: If applicable, canceling during a free trial period will immediately end access to premium features

4.6 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes for existing subscribers will be communicated at least 30 days in advance and will take effect at the next renewal period. You may cancel your subscription before the price change takes effect.

4.7 Promotional Offers

Promotional pricing and trial periods are subject to specific terms and conditions. We reserve the right to modify or discontinue promotional offers at any time. Promotional offers are limited to one per user unless otherwise stated.

⚖️5. Acceptable Use Policy

5.1 Permitted Use

You may use the App solely for:

• Personal, non-commercial vocabulary learning and educational purposes
• Creating and managing your personal vocabulary library
• Accessing AI-generated educational content for your own learning
• Participating in learning games and tracking your progress

5.2 Prohibited Conduct

You agree NOT to:

• Violate Laws: Use the App for any illegal, harmful, fraudulent, or abusive purposes
• Reverse Engineering: Decompile, reverse engineer, disassemble, or attempt to derive source code from the App
• Unauthorized Access: Attempt to gain unauthorized access to the App, servers, or networks
• Automated Systems: Use bots, scrapers, crawlers, or automated tools to access the App
• AI Abuse: Abuse or exploit AI features for bulk content generation, commercial purposes, or to circumvent usage limits
• Account Sharing: Share your account credentials or allow others to use your account
• Interfere with Service: Interfere with, disrupt, or impose unreasonable loads on the App's infrastructure
• Circumvent Restrictions: Attempt to bypass any technological protection measures or usage restrictions
• Collect User Data: Collect or harvest personal information about other users
• Impersonate: Impersonate any person or entity or misrepresent your affiliation
• Malicious Code: Upload or transmit viruses, malware, or other malicious code
• Commercial Redistribution: Redistribute, sell, rent, lease, or sublicense the App or its content

🤖6. AI-Generated Content

6.1 AI Service Limitations

VocaBuddy uses artificial intelligence technology (powered by OpenAI's GPT) to generate educational content. You acknowledge and agree that:

• No Guarantee of Accuracy: AI-generated content is provided "AS IS" for educational purposes only. We do not guarantee 100% accuracy, completeness, or correctness of AI outputs
• Educational Aid: AI content should be used as a learning aid and supplementary resource, not as definitive or authoritative reference material
• User Verification: You should verify critical information from authoritative sources such as dictionaries, language experts, or academic resources
• No Professional Advice: AI content does not constitute professional linguistic advice or formal language certification
• Variable Quality: AI-generated content quality may vary and may occasionally contain errors, inconsistencies, or inappropriate suggestions
• No Liability: We are not liable for any errors, inaccuracies, or harm resulting from reliance on AI-generated content

6.2 Content Moderation

We implement content filtering and moderation to prevent inappropriate content, but cannot guarantee all AI outputs will be appropriate. You agree to report any inappropriate or concerning content immediately to menesahin99@gmail.com.

6.3 Third-Party AI Provider

AI features are powered by OpenAI. By using AI features, you acknowledge that your vocabulary selections and learning preferences may be processed by OpenAI's servers subject to OpenAI's terms of service and privacy policy. We maintain a data processing agreement with OpenAI but cannot be held liable for OpenAI's actions or services.

©️7. Intellectual Property Rights

7.1 Company Ownership

All rights, title, and interest in and to the App, including but not limited to:

• Software code, algorithms, and architecture
• Design, graphics, user interface, and visual elements
• Trademarks, logos, brand names, and service marks
• Documentation, tutorials, and instructional materials
• Databases, compilations, and collective works

are and shall remain the exclusive property of VocaBuddy and its licensors. These Terms do not grant you any ownership rights to the App or its content.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download, install, and use the App on your personal Apple devices
• Access and use AI-generated content for your personal, non-commercial educational purposes

This license automatically terminates if you violate these Terms.

7.3 User Content

• Your Vocabulary Data: You retain ownership of your personal vocabulary lists, notes, and learning data
• AI-Generated Content: AI-generated content created for you (definitions, examples, stories) is provided for your personal use only
• License to Us: By using the App, you grant us a worldwide, royalty-free license to store, process, and display your content solely to provide the Service
• No Commercial Use: You may not redistribute, sell, publish, or commercialize content from the App

7.4 Trademarks

"VocaBuddy" and associated logos are trademarks of VocaBuddy. You may not use our trademarks without prior written permission. All other trademarks mentioned are property of their respective owners.

7.5 DMCA Compliance

We respect intellectual property rights. If you believe content in the App infringes your copyright, please contact us at menesahin99@gmail.com with:

• Description of the copyrighted work claimed to be infringed
• Description of where the infringing material is located in the App
• Your contact information (address, telephone, email)
• A statement that you have a good faith belief that use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

🔒8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Data Collection and Use

By using the App, you consent to our collection and use of your information as described in our Privacy Policy, including:

• Apple ID information for authentication
• Learning data and progress stored in your iCloud account
• Usage analytics to improve the App
• Processing by OpenAI for AI-powered features

8.2 Data Security

We implement industry-standard security measures including encryption, secure authentication, and access controls. However, no method of electronic transmission or storage is 100% secure. You use the App at your own risk.

8.3 Data Retention and Deletion

You may delete your account and data at any time through the App settings. See our Privacy Policy for details on data retention periods and deletion procedures.

⚠️9. Disclaimers and Warranties

9.1 "AS IS" and "AS AVAILABLE"

THE APP AND ALL CONTENT, INCLUDING AI-GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.2 Disclaimer of Warranties

WE EXPLICITLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• ACCURACY, COMPLETENESS, RELIABILITY, OR CORRECTNESS OF CONTENT
• UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION
• FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• RESULTS OBTAINED FROM USE OF THE APP
• ACCURACY OF AI-GENERATED CONTENT OR EDUCATIONAL MATERIALS

9.3 Educational Tool Disclaimer

VocaBuddy is an educational tool designed to assist with vocabulary learning. It does not:

• Guarantee language proficiency or learning outcomes
• Replace formal language education or professional instruction
• Provide certified language testing or official qualifications
• Guarantee accuracy of definitions or linguistic information

9.4 Third-Party Services Disclaimer

We are not responsible for the availability, accuracy, or content of third-party services including Apple's services and OpenAI's API. Your use of third-party services is at your own risk and subject to their terms and policies.

9.5 No Professional Advice

The App does not provide professional, legal, educational, or linguistic advice. Consult appropriate professionals for specific guidance.

🛡️10. Limitation of Liability

10.1 No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOCABUDDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT
• DAMAGES RESULTING FROM ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
• DAMAGES FROM USE OR INABILITY TO USE THE APP
• DAMAGES FROM AI-GENERATED CONTENT OR RELIANCE THEREON
• DAMAGES FROM THIRD-PARTY CONDUCT OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10.2 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER.

10.3 Basis of the Bargain

You acknowledge and agree that these limitations of liability are fundamental elements of the basis of the bargain between you and VocaBuddy, and that we would not be able to provide the App on an economically reasonable basis without these limitations.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above exclusions and limitations shall apply to the maximum extent permitted by law.

🛡️11. Indemnification

You agree to indemnify, defend, and hold harmless VocaBuddy and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorneys' fees and costs, arising out of or related to:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit, post, or transmit through the App
• Any dispute between you and other users

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate with our defense of such claims.

🚫12. Termination

12.1 Termination by You

You may terminate this Agreement at any time by:

• Deleting your account through the App settings
• Canceling your subscription through your Apple ID account settings
• Uninstalling the App from all your devices

12.2 Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Technical or security reasons
• Discontinuation of the Service
• Request by law enforcement or government agencies

12.3 Effect of Termination

Upon termination:

• Your right to access and use the App immediately ceases
• All licenses granted to you under these Terms immediately terminate
• You must cease all use of the App and delete it from all devices
• We may delete your account and data in accordance with our Privacy Policy
• No refunds will be provided for any unused subscription time unless required by law
• Sections that by their nature should survive termination will survive (including ownership provisions, warranty disclaimers, limitation of liability, and dispute resolution)

⚖️13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a claim, you agree to contact us at menesahin99@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for a period of 60 days.

13.2 Binding Arbitration

IF THE DISPUTE CANNOT BE RESOLVED INFORMALLY, YOU AND VOCABUDDY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT:

• Either party may seek equitable relief in court for infringement or misuse of intellectual property rights
• Either party may bring claims in small claims court if they qualify

13.3 Arbitration Rules

Arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (AAA) rules and procedures, or another established arbitration provider mutually agreed upon. The arbitrator's decision shall be final and binding.

13.4 Class Action Waiver

13.5 Opt-Out Right

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to menesahin99@gmail.com. If you opt out, all other terms of this Agreement will continue to apply.

🏛️14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Venue

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware, United States.

14.3 International Users

The App is controlled and operated from the United States. We make no representations that the App is appropriate or available for use outside the United States. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

14.4 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

🔄15. Modifications to Service and Terms

15.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the App or any features at any time, with or without notice, for any reason. We may also impose limits on certain features or restrict access to parts of the App without notice or liability.

15.2 Terms Modifications

We may modify these Terms at any time. Material changes will be communicated via:

• Email notification (if provided)
• In-app notification
• Updated "Last Updated" date on this page

Changes take effect 30 days after notification unless otherwise stated. Your continued use after changes take effect constitutes acceptance. If you do not agree to modified Terms, you must stop using the App.

15.3 Feature Changes

We may add, modify, or remove features, change usage limits, or adjust subscription benefits at any time. Active subscribers will be notified of material changes affecting their subscription tier.

📋16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and VocaBuddy regarding the App and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

16.4 Assignment

You may not assign, transfer, or sublicense these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No third party may enforce these Terms.

16.7 Relationship of Parties

You and VocaBuddy are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

16.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

16.9 Language

These Terms are provided in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

16.10 Notice Requirements

Notices to you may be sent via email, in-app notification, or postal mail to your registered address. Notices to us should be sent to menesahin99@gmail.com. Notices are deemed delivered when sent.

16.11 Survival

All provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and governing law.

16.12 Apple-Specific Terms

With respect to your use of the App obtained through the Apple App Store:

• These Terms are between you and VocaBuddy only, not Apple
• Apple has no obligation to provide maintenance or support services
• In the event of any failure to conform to warranty, you may notify Apple for a refund; Apple has no other warranty obligation
• Apple is not responsible for addressing any claims relating to the App or your use of it
• Apple is a third-party beneficiary of these Terms and may enforce these Terms against you

📞Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

✅Acknowledgment and Consent