Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Kalvin Brookes ("we", "us", or "our") concerning your access to and use of the Palabra Spanish vocabulary learning application (the "App" or "Service").

By accessing or using the App, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

We reserve the right to change or modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, providing notice through the App or via email. Your continued use of the App after such changes constitutes acceptance of the modified Terms.

2. Eligibility

To use the App, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the App under applicable laws
• Provide accurate and complete registration information

Users under 18 should use the App with parental consent and supervision. If you are a parent or guardian and discover your child under 13 has created an account without permission, please contact us immediately at kbrookes2507@gmail.com.

3. Account Registration & Security

3.1 Account Creation

To access certain features (cloud sync, premium features), you must create an account by providing:

• A valid email address
• A secure password
• Optional display name

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Providing accurate and up-to-date information

3.3 One Account Per User

You may only create one account. Creating multiple accounts to abuse free trials, promotional offers, or circumvent limitations is prohibited and may result in account termination.

4. License & Access Rights

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use.

4.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, sell, or sublicense the App
• Remove or modify any copyright, trademark, or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Interfere with or disrupt the App or its servers
• Attempt to gain unauthorized access to the App or its systems
• Use automated means (bots, scrapers) to access the App
• Resell or redistribute AI-generated content

5. Free & Premium Features

5.1 Free Tier

The following features are available for free, forever:

• Unlimited vocabulary words
• All 5 review methods (Traditional, Fill-Blank, Multiple Choice, Audio, Context Selection)
• Basic AI-generated example sentences
• Full spaced repetition algorithm
• Progress tracking and achievements
• Cloud sync across devices

5.2 Premium Features

Premium subscription (€4.99/month, €39.99/year, or €79.99 lifetime) includes:

• Deep Learning Mode with elaborative interrogation prompts
• Priority AI generation (faster, better quality examples)
• Interference detection and comparative review
• Export vocabulary to CSV
• Advanced analytics dashboard
• Offline mode with full functionality
• Ad-free experience (if ads are introduced in the future)

5.3 Feature Changes

We reserve the right to modify, add, or remove features at any time. However, we commit to maintaining the generous free tier and will provide 30 days notice before reducing features included in the free tier.

6. Subscription Terms & Billing

6.1 Subscription Pricing

6.2 Billing & Renewal

• Automatic Renewal: Subscriptions (monthly/yearly) automatically renew unless you cancel before the renewal date
• Payment Processing: Handled securely by Stripe (we never store your credit card information)
• Price Changes: We will notify you 30 days before any price increases. You may cancel before the increase takes effect.
• Failed Payments: If payment fails, we will attempt to charge your card again. Premium access may be suspended until payment is successful.

6.3 Cancellation

You may cancel your subscription at any time:

• How to Cancel: Settings → Subscription → Manage Billing → Cancel Subscription
• Access After Cancellation: You retain premium access until the end of your current billing period
• Data Retention: Your data is not deleted. You can resubscribe at any time to regain premium features.
• No Partial Refunds: Cancellation does not entitle you to a refund for the current billing period (see Section 7 for refund policy)

6.4 Lifetime Subscription

Lifetime Premium (€79.99) is a one-time payment that provides permanent access to premium features for the lifetime of the App. "Lifetime" means as long as the App is operational and you maintain an active account. If the App is discontinued, no refunds will be provided.

7. Refund Policy

7.1 14-Day Money-Back Guarantee

We offer a 14-day money-back guarantee for all subscriptions:

• Eligibility: First-time subscribers within 14 days of initial purchase
• Process: Email kbrookes2507@gmail.com with "Refund Request" in the subject line
• Timeline: Refunds processed within 5-7 business days to your original payment method
• Access: Premium access is revoked immediately upon refund

7.2 No Refunds After 14 Days

After the 14-day guarantee period:

• No refunds for partial months/years
• No refunds for account termination or suspension due to Terms violations
• No refunds if you stop using the App
• Cancellation only prevents future charges; no refunds for current period

7.3 Exceptions

We may provide refunds on a case-by-case basis for extenuating circumstances (e.g., technical issues preventing app use, duplicate charges). Contact us at kbrookes2507@gmail.com to request consideration.

8. User Content & Intellectual Property

8.1 Your Content

You retain all rights to the vocabulary words, translations, and notes you create ("User Content"). By using the App, you grant us a limited license to:

• Store your User Content on our servers (for cloud sync)
• Display your User Content back to you in the App
• Create anonymized, aggregated statistics (e.g., "most common words learned")

Important: We will never share, sell, or publicly display your personal vocabulary lists without your explicit consent.

8.2 AI-Generated Content

AI-generated example sentences are provided for educational purposes. Ownership of AI-generated content is complex:

• We do not claim copyright over AI-generated examples
• You may use them for personal learning purposes
• You may not resell, redistribute, or use them commercially without permission
• AI examples are cached and may be shown to other users learning the same word

8.3 Our Intellectual Property

The App, including its design, code, algorithms, and branding, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not:

• Use our trademarks, logos, or branding without written permission
• Copy our spaced repetition algorithm or review method implementations
• Create a competing product using our code or design

8.4 Third-Party Content

Translations and dictionary definitions may be sourced from third-party APIs (e.g., Wiktionary, Tatoeba). These are used in accordance with their respective licenses (CC BY-SA, public domain, etc.). We do not claim ownership of third-party content.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any laws, regulations, or third-party rights
• Creating accounts using false or misleading information
• Sharing your account credentials with others
• Using the App to store or transmit illegal content
• Interfering with other users' use of the App
• Attempting to circumvent security measures or access restrictions
• Using automated systems (bots, scrapers) to access the App
• Reverse engineering or decompiling the App
• Reselling or redistributing App features or content
• Abusing free trials or promotional offers through multiple accounts
• Submitting false or fraudulent payment information

Violation of these rules may result in immediate account termination without refund.

10. Termination

10.1 Your Right to Terminate

You may terminate your account at any time by:

• Going to Settings → Account → Delete Account
• Emailing us at kbrookes2507@gmail.com with "Delete Account" in the subject line

Upon account deletion:

• Your personal data and vocabulary are permanently deleted
• Subscriptions are cancelled (no refunds for current billing period)
• Deletion is immediate and irreversible

10.2 Our Right to Terminate

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account has been inactive for more than 2 years (after email warning)
• We are required to do so by law
• Continued operation poses security or technical risks

We will provide notice when possible, but reserve the right to terminate accounts immediately for severe violations.

10.3 Effect of Termination

Upon termination, all rights granted to you under these Terms immediately cease. Sections that by their nature should survive termination (e.g., intellectual property, liability limitations, dispute resolution) will continue to apply.

11. Disclaimers & Warranties

11.1 "As Is" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, reliability, or completeness of content (AI-generated examples, translations, etc.)
• Uninterrupted, secure, or error-free operation
• Results or outcomes from using the App (e.g., language proficiency improvements)

11.2 AI-Generated Content Disclaimer

AI-generated example sentences are provided for educational purposes only. While we strive for accuracy:

• AI may occasionally generate incorrect, nonsensical, or inappropriate content
• Examples may contain cultural biases inherent in AI training data
• We are not responsible for reliance on AI-generated content
• Always verify critical information with authoritative sources

11.3 Educational Tool Disclaimer

Palabra is a vocabulary learning tool, not a comprehensive Spanish language course. We make no guarantees regarding:

• Speed of learning or proficiency improvement
• Passing Spanish exams or achieving specific CEFR levels
• Fluency or conversational ability
• Suitability for academic or professional Spanish requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the App
• Any conduct or content of third parties on the App
• Unauthorized access, use, or alteration of your content
• Errors, bugs, or security vulnerabilities in the App
• Loss of vocabulary data or progress due to technical issues
• Reliance on AI-generated content or translations

Our total liability to you for all claims arising from or relating to the App shall not exceed:

• Free Users: €10
• Paid Users: The amount you paid in the 12 months prior to the claim

13. Indemnification

You agree to indemnify, defend, and hold harmless Kalvin Brookes and our affiliates, officers, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your use or misuse of the App
• Your User Content

14. Dispute Resolution & Governing Law

14.1 Informal Resolution

Before filing a claim, you agree to contact us at kbrookes2507@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

14.2 Governing Law

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

14.3 Arbitration (US Users)

For users in the United States, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules. Arbitration will take place in California. You waive the right to a jury trial or class action.

Exception: Small claims court actions (claims under $10,000) may be brought in either party's local small claims court.

14.4 International Users

For users outside the United States, any disputes shall be subject to the exclusive jurisdiction of the courts in California, United States, except where prohibited by local law (e.g., EU consumers may bring claims in their country of residence).

15. Changes to the App

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

In the event we discontinue the App permanently, we will provide 90 days notice and allow users to export their data.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

16.2 Severability

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

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign or transfer these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control (e.g., natural disasters, war, terrorism, riots, pandemic, internet failures, third-party service outages).

17. Contact Information

If you have questions about these Terms, please contact us: