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Terms of Service

Last Updated: November 2, 2024

Welcome to Pookey.app! These Terms of Service ("Terms") govern your use of the Pookey.app language learning application and services. By accessing or using Pookey.app, you agree to comply with and be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you must not use the app. We are committed to providing a positive and beneficial experience for our users, and these Terms outline the legal agreement between you and Pookey.app to ensure that everyone understands their rights and obligations.

1. Introduction

Pookey.app is an AI-powered language learning application designed to help users learn new languages effectively. By using Pookey.app, you agree to these Terms of Service, which outline the rights and responsibilities between Pookey.app ("we," "our," or "us") and its users ("you," "your"). These Terms also incorporate our Privacy Policy, which can be found here. The purpose of these Terms is to ensure a clear understanding of the relationship between Pookey.app and you, the user, including the permitted use of our services, limitations on liability, and expectations regarding behavior while using the app.

2. Eligibility

To use Pookey.app, you must be at least 13 years old. If you are between 13 and 18 years of age, you must have your parent or legal guardian's consent to use the app. Pookey.app is only available to users located within the United States. By using the app, you represent that you meet these eligibility requirements. The app is intended for use by individuals who have the legal capacity to form binding agreements, and we reserve the right to refuse access to anyone who does not meet these requirements. By agreeing to these Terms, you affirm that you meet the eligibility criteria.

3. Account Registration

To access Pookey.app, you need to create an account by providing a verified phone number, email address, and a secure password. You are responsible for maintaining the confidentiality of your login credentials and are accountable for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or breach of security related to your account. Creating an account is an important step in ensuring a secure and personalized language learning experience. By registering, you also agree that the information you provide is accurate and up-to-date, and you are responsible for keeping it current.

4. License to Use the Service

Pookey.app grants you a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes. You agree not to sublicense, sell, or transfer this license. We reserve the right to revoke your access if you violate these Terms. This license is granted for the purpose of allowing you to benefit from Pookey.app's language learning features in accordance with the intended use of the app. Any unauthorized use of the app, including reverse engineering, copying, or modifying the software, is strictly prohibited and may result in the termination of your license.

5. User Conduct

By using Pookey.app, you agree to use the app responsibly and not to engage in any activities that:

We are committed to maintaining a positive, supportive environment for all users. Any behavior that disrupts the experience of others or compromises the integrity of the app will not be tolerated. If you engage in prohibited conduct, we may take appropriate action, including suspending or terminating your account.

6. Payments and Subscriptions

Certain features of Pookey.app may be available through a subscription or one-time payment. Payments are billed in advance and may be non-refundable unless otherwise stated. We use the Stripe API for payment processing, and by making payments through Pookey.app, you agree to Stripe's terms and privacy policy. We reserve the right to modify pricing or introduce new fees at any time, with appropriate notice to you. Your continued use of paid features constitutes acceptance of such modifications. Subscription services may include access to premium content, additional learning tools, or enhanced features designed to improve your language learning experience. By subscribing, you acknowledge that recurring payments may be required, and you are responsible for managing your subscription settings.

7. Modifications to the Service

Pookey.app may update, modify, or discontinue parts of the service at any time, without prior notice. You understand and agree that updates may be necessary to maintain the app's functionality. You are responsible for any required updates or modifications to your device to continue using the service. These modifications are intended to enhance your experience, improve performance, and address any issues that may arise. We strive to minimize disruptions, but there may be times when certain features are temporarily unavailable due to maintenance or updates.

8. Termination

You may terminate your account at any time by logging in and deleting your account or by contacting us at support@pookey.app. We reserve the right to terminate your account if you violate these Terms, including engaging in prohibited conduct or failing to comply with these conditions. Termination of your account will result in the loss of access to your learning progress, saved data, and any personalized settings. We may also terminate your access if we determine that continued use poses a risk to the security or integrity of our service.

9. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using Pookey.app, you agree that your data will be handled according to our Privacy Policy, which forms a part of these Terms. We are committed to safeguarding your privacy and ensuring that your personal information is handled responsibly. Please review the Privacy Policy carefully to understand our data practices and your rights regarding your information.

10. Disclaimers and Limitations of Liability

Pookey.app is provided "as is" and without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the app will be uninterrupted, error-free, or meet your expectations. To the fullest extent permitted by law, Pookey.app will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use or inability to use the app.

11. Indemnification

You agree to indemnify and hold Pookey.app, its affiliates, officers, agents, and employees harmless from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your use of the app, your violation of these Terms, or any applicable law.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising out of or relating to these Terms or your use of the app will be resolved in a court of competent jurisdiction within the United States.

13. Intellectual Property Rights

Pookey.app and its licensors retain all rights, titles, and interests in and to the app, including all intellectual property rights. You acknowledge that you do not acquire any ownership rights by using the app. Please note that Pookey.app does not own the copyright for the AI model, which is licensed from OpenAI.

14. Force Majeure

Pookey.app shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, riots, labor disputes, supply chain disruptions, power failures, or internet outages.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. Arbitration

Any disputes arising out of or relating to these Terms or your use of Pookey.app will be resolved through binding arbitration. Arbitration may be conducted online, by telephone, or based on written submissions if both parties agree, to the extent permitted by law.

17. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service or Pookey.app in general, please contact us at support@pookey.app.

18. Changes to the Terms of Service

Pookey.app reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date above. Your continued use of the app after changes are posted constitutes acceptance of the revised Terms.