Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Youtionary ("we," "us," or "our") governing your access to and use of our language learning platform, website, mobile applications, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on our website with a new "Last updated" date and, where appropriate, by sending you an email notification or displaying a notice in the application. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that:

• You are at least 16 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Services under applicable law
• All information you provide is accurate, current, and complete

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with any third party
• Notify us immediately of any unauthorized access or use of your account
• Log out from your account at the end of each session

We are not liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Account Termination

You may terminate your account at any time through the account settings in the application. Upon termination, your right to use the Services will immediately cease, and we may delete your account data in accordance with our Privacy Policy and data retention policies.

4. Subscription Plans and Payment Terms

4.1 Subscription Plans

We offer various subscription plans, including free and paid tiers. The features, usage limits, and pricing for each plan are described on our pricing page. We reserve the right to modify our subscription plans, pricing, and features at any time.

4.2 Payment and Billing

For paid subscriptions:

• You agree to pay all fees associated with your selected subscription plan
• Payments are processed through our third-party payment processor, Stripe
• Subscriptions automatically renew unless cancelled before the renewal date
• All fees are non-refundable except as required by law or as explicitly stated in these Terms
• You are responsible for all applicable taxes
• We may change subscription fees upon 30 days' notice

4.3 Free Trial

We may offer free trials for paid subscriptions. If you do not cancel before the trial period ends, you will be automatically charged for the subscription. We reserve the right to limit or revoke free trial offers at any time.

4.4 Cancellation and Refunds

You may cancel your paid subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. We do not provide refunds or credits for partial subscription periods, except as required by applicable law or at our sole discretion.

4.5 Usage Limits

Each subscription plan includes specific usage limits (e.g., number of AI conversations, translations, flashcard generations). If you exceed your plan's limits, you may need to upgrade to a higher-tier plan or wait until your usage resets according to your billing cycle.

5. User Conduct and Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks
• Attempt to gain unauthorized access to any part of the Services, other user accounts, or computer systems
• Use automated tools (bots, scrapers, etc.) to access the Services without our prior written permission
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services to transmit viruses, malware, or other malicious code
• Engage in any activity that interferes with or disrupts the Services
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Harass, abuse, threaten, or intimidate other users
• Use the Services for any commercial purpose without our prior written consent
• Violate or encourage others to violate these Terms

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including suspending or terminating accounts, removing content, and reporting to law enforcement authorities.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, text, graphics, logos, and trademarks, are owned by Youtionary or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to:

• Resell, redistribute, or commercially exploit the Services
• Modify, adapt, or create derivative works from the Services
• Use the Services for any purpose other than as expressly permitted by these Terms

6.2 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our Services without any obligation to you.

7. User Content

7.1 Your Content

You retain ownership of any content you create, upload, or submit through the Services, including chat conversations, custom flashcards, and translations ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Services.

7.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to use and license your User Content
• Your User Content does not infringe any third-party rights
• Your User Content does not violate any applicable laws or these Terms

7.3 Content Moderation

We reserve the right, but have no obligation, to monitor, review, or remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We are not responsible for User Content and do not endorse any opinions expressed by users.

8. Third-Party Services and AI Providers

Our Services integrate with and utilize various third-party services, including:

• Third-party AI LLM providers: For language processing, translations, and chat functionality
• Payment processors: For handling subscription payments
• Image services: For providing visual content
• Infrastructure providers: For hosting and backend services

These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the practices, performance, or content of third-party services. Your interactions with third-party services are solely between you and the third party.

When you use features powered by third-party AI LLM providers, your inputs may be processed by these providers. We select reputable providers and implement appropriate safeguards, but we cannot guarantee the accuracy, reliability, or appropriateness of AI-generated content. You should review and verify any AI-generated translations or suggestions before relying on them.

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide reliable and uninterrupted access to our Services. However, we do not guarantee that the Services will be available at all times or will be error-free. The Services may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We may add, remove, or change features, impose limits on usage, or restrict access to certain features based on subscription plans.

9.3 Updates

We may release updates, patches, or new versions of our applications. Some updates may be required to continue using the Services. You agree to accept and install updates as they become available.

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, your access to the Services will immediately cease.

10.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without notice, if:

• You violate these Terms
• You fail to pay applicable fees
• Your conduct harms or may harm other users or our business
• We are required to do so by law
• We decide to discontinue the Services

10.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Services will immediately cease
• We may delete your User Content and account data, subject to our data retention policies
• You will not be entitled to any refunds of prepaid fees, except as required by law
• Sections of these Terms that by their nature should survive termination will continue to apply

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE QUALITY OR EFFECTIVENESS OF LANGUAGE LEARNING OUTCOMES

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements or expectations
• AI-generated translations or content will be accurate or appropriate
• Any defects or errors will be corrected
• The Services will be compatible with all devices or systems
• Use of the Services will result in language proficiency or other specific outcomes

The Services are intended as a supplementary language learning tool and should not be relied upon as the sole method of language instruction. We are not responsible for any decisions you make based on AI-generated content or translations.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUTIONARY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Loss of or damage to property
• Business interruption
• Personal injury
• Loss of privacy
• Failure to meet any duty of care

ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) €100.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Youtionary, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content
• Your violation of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the European Union and the jurisdiction where Youtionary is established, without regard to conflict of law principles.

14.2 Dispute Resolution

For users in the European Economic Area (EEA):

• You have the right to bring disputes before the courts of your country of residence
• We may also bring disputes before the courts of your country of residence
• Nothing in these Terms affects your rights under mandatory consumer protection laws

14.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to seek an informal resolution of any dispute.

15. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services, business practices, legal requirements, or other factors. We will provide notice of material changes by:

• Posting the updated Terms on this page with a new "Last updated" date
• Sending you an email notification (for significant changes)
• Displaying a prominent notice in the application

Your continued use of the Services after any changes indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.

16. General Provisions

16.1 Entire Agreement

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

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and 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 of Youtionary.

16.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and Youtionary only and do not create any third-party beneficiary rights.

16.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, or internet or telecommunications failures.

16.7 Notices

We may provide notices to you via email to the address associated with your account or through the Services. You agree that electronic notices satisfy any legal requirement that such notices be in writing.

17. Contact Information

If you have any questions, concerns, or disputes regarding these Terms or the Services, please contact us at: