Terms of Service and End User License Agreement

6.1 License Grant

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 Service on devices that you own or control, solely for your personal, non-commercial educational purposes.

6.2 License Restrictions

You agree not to:

• Copy, modify, or create derivative works based on the Service or any part thereof
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Service to any third party
• Use the Service for any commercial purpose without our express written consent
• Use the Service to develop a competing product or service
• Access or use the Service in any manner that could damage, disable, overburden, or impair our servers or networks
• Use any robot, spider, scraper, or other automated means to access the Service
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Use the Service in violation of any applicable law or regulation

6.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Talk Thai and its licensors. The Service and all content, features, and functionality thereof are owned by Talk Thai, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.1 Service Tiers

The Service offers multiple access tiers with different features, limitations, and pricing. The specific features, content, and limitations of each tier are described on our website and within the Service at the time of purchase. Tiers may include:

• Free Tier: Limited access to certain features and content at no cost. The free tier includes usage limitations such as restricted content access and limited data retention periods. Free tier users may experience reduced functionality compared to paid tiers.
• Subscription Tiers: Recurring payment plans (monthly or annual) providing expanded access to features and content for the duration of the subscription.
• Lifetime Access: A one-time purchase providing perpetual access to specified features and content, subject to the terms below.
• Enterprise/Organization: Custom volume licensing for educational institutions, businesses, and organizations, subject to separate written agreements.

Current pricing and tier details are displayed at the time of purchase. We reserve the right to modify tier offerings, features, limitations, and pricing at any time.

7.2 Free Tier Limitations

The free tier provides limited access to the Service and is subject to certain restrictions, which may include but are not limited to:

• Access to only a portion of the curriculum and learning content
• Limited data retention periods (progress data may be deleted after periods of inactivity)
• Restricted access to premium features such as advanced practice modes, custom content generation, and certain community features

We reserve the right to modify the features and limitations of the free tier at any time without notice. Continued access to the free tier is not guaranteed.

7.3 Free Trial

We may offer a free trial period for paid subscription tiers. Unless otherwise specified, the trial period is 7 days from the date of enrollment. During the trial period, you will have access to the applicable subscription tier features at no charge.

IMPORTANT: IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AND YOU WILL BE CHARGED THE APPLICABLE SUBSCRIPTION FEE. YOU MUST CANCEL AT LEAST 24 HOURS BEFORE THE TRIAL ENDS TO AVOID BEING CHARGED.

Free trials are limited to one per user, household, device, or payment method. We reserve the right to determine your eligibility for a free trial, to limit the number of free trials, and to revoke or modify free trial offers at any time without notice.

7.4 Subscription Billing and Automatic Renewal

ALL PAID SUBSCRIPTIONS AUTOMATICALLY RENEW UNTIL CANCELLED. BY PURCHASING A SUBSCRIPTION, YOU AGREE TO THE INITIAL CHARGE AND RECURRING CHARGES ON AN AUTOMATIC BASIS UNTIL YOU CANCEL.

By purchasing a subscription, you authorize us (or our payment processor) to charge your payment method on a recurring basis at the then-current subscription rate plus any applicable taxes. Subscriptions renew automatically as follows:

• Monthly subscriptions: Renew automatically every 30 days at the then-current monthly rate
• Annual subscriptions: Renew automatically every 12 months at the then-current annual rate

You will be charged within 24 hours prior to the end of the current billing period. The renewal charge will be at the rate in effect at the time of renewal, which may differ from your original subscription rate if prices have changed.

7.5 Lifetime Access Purchases

Lifetime access purchases provide perpetual access to the features and content included in the applicable tier as of the date of purchase, subject to the following terms:

• "Lifetime" means the lifetime of the Service, not the lifetime of the purchaser. Access continues for as long as the Service remains operational.
• Lifetime access includes features and content available at the time of purchase. New features, content, or tiers introduced after your purchase may or may not be included at our sole discretion.
• We reserve the right to discontinue the Service or specific features at any time. In such event, we have no obligation to provide refunds for lifetime purchases.
• Lifetime access is non-transferable and is limited to the purchasing user's account.
• Lifetime access may be terminated if you violate these Terms.

Lifetime purchases are final and non-refundable except as required by applicable law or as provided in Section 7.8.

7.6 Payment Processing

Payments are processed by third-party payment processors depending on how you access the Service:

• iOS App Store: Payments are processed by Apple and are subject to Apple's terms and conditions and App Store policies
• Google Play Store: Payments are processed by Google and are subject to Google's terms and conditions and Play Store policies
• Web: Payments are processed by our merchant of record (currently Lemon Squeezy) and are subject to their terms and conditions

We do not store or have access to your full payment card information. All payment data is handled by our payment processors in accordance with applicable security standards (e.g., PCI-DSS).

You are responsible for all charges incurred under your account, including applicable taxes and fees. If your payment method fails or your account is past due, we may suspend or terminate your access to paid features.

7.7 Cancellation

You may cancel your subscription at any time. To avoid being charged for the next billing period, you must cancel at least 24 hours before the renewal date. Cancellation methods depend on how you subscribed:

• iOS: Manage subscriptions through Settings > [Your Name] > Subscriptions on your Apple device, or through your Apple ID account settings
• Android: Manage subscriptions through Google Play Store > Menu > Subscriptions on your Android device
• Web: Manage subscriptions in your Talk Thai account settings, or contact us at dmw335@cornell.edu

Upon cancellation, your subscription will remain active until the end of the current billing period you have already paid for. After that date, you will lose access to paid features but may continue to use the free tier of the Service. Cancellation does not entitle you to a refund for any unused portion of the current billing period.

Deleting the app from your device does not cancel your subscription. You must cancel through the methods described above.

7.8 Refunds

Web purchases (Lemon Squeezy): For subscriptions and one-time purchases made through our website, you may request a refund within 14 days of your initial purchase by contacting us at dmw335@cornell.edu. Refund requests for subscription renewals must be made within 14 days of the renewal charge. Refund requests made after 14 days will be considered on a case-by-case basis but are not guaranteed.

App Store purchases (Apple/Google): Refunds for purchases made through the Apple App Store or Google Play Store are subject to the respective store's refund policies. You must request refunds directly from Apple or Google. We do not have the ability to process refunds for in-app purchases made through these platforms.

• Apple: Request refunds at reportaproblem.apple.com
• Google: Request refunds through Google Play Store

Refunds, if granted, will be issued to the original payment method. Partial-period refunds are not available. If you receive a refund, your access to paid features will be terminated.

7.9 Price Changes

We reserve the right to change prices for any tier, subscription, or purchase option at any time. Price changes for subscriptions will take effect at the start of your next billing period following notice of the price change.

If you do not agree to a price change, you may cancel your subscription before the price change takes effect. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the new price.

Lifetime purchases are locked at the price paid at the time of purchase and are not subject to future price changes.

7.10 Promotional Offers

We may offer promotional pricing, discounts, or special offers from time to time. Such offers are subject to additional terms and conditions specified at the time of the offer. Promotional offers are non-transferable, cannot be combined with other offers unless specified, and may be modified or discontinued at any time.

8.1 Your Content

The Service may allow you to submit, post, or share content including chat messages, vocabulary entries, stories, and other materials ("User Content"). You retain ownership of your User Content, subject to the license granted below.

8.2 License to User Content

By submitting User Content, you grant Talk Thai a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content in connection with operating and providing the Service. This license continues even if you stop using the Service, to the extent your User Content has been shared with other users or incorporated into the Service.

8.3 Representations

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to submit the User Content and grant the license above
• Your User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights
• Your User Content complies with these Terms and all applicable laws

8.4 Prohibited Content

You agree not to submit User Content that:

• Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable
• Contains sexually explicit material, promotes violence, or glorifies self-harm
• Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
• Contains unsolicited advertising, promotional materials, spam, or solicitations
• Contains personal or identifying information about others without their consent
• Impersonates any person or entity or misrepresents your identity or affiliation
• Contains malware, viruses, or any other harmful code

8.5 Content Moderation

We use automated systems to screen user-generated content for compliance with our policies. User Content that violates our policies may be blocked or removed. We reserve the right, but have no obligation, to review, monitor, edit, or remove any User Content at our sole discretion, with or without notice, for any reason. We are not responsible for any User Content posted by users.

Abuse of community features, including submission of prohibited content, may result in account suspension or termination.

13.1 App Store Compliance

If you download the application from the Apple App Store or Google Play Store, you acknowledge that these Terms are between you and Talk Thai only, and not with Apple or Google. Apple and Google have no obligation to furnish any maintenance or support services with respect to the application.

13.2 Apple-Specific Terms

If you download the application from the Apple App Store, you additionally acknowledge and agree that:

• Apple has no obligation to provide warranty, maintenance, or support for the application
• To the extent permitted by applicable law, Apple has no warranty obligation with respect to the application
• Apple is not responsible for addressing any claims relating to the application or your use of it
• Apple is a third-party beneficiary of these Terms and may enforce these Terms against you
• You must comply with any applicable third-party terms when using the application

13.3 Google-Specific Terms

If you download the application from the Google Play Store, you acknowledge that Google has no responsibility or liability to you under these Terms for the application.

17.1 Agreement to Arbitrate

You and Talk Thai agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Talk Thai (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify; and (2) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

17.2 Arbitration Procedures

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules in effect at the time the arbitration is initiated. The AAA Rules are available at www.adr.org. If the AAA is unavailable, the parties will agree on an alternative arbitration provider.

The arbitration shall be conducted in the English language. Unless the parties agree otherwise, the arbitration shall take place in the State of Maine, United States, or may be conducted by telephone, videoconference, or based on written submissions, as determined by the arbitrator.

The arbitrator shall have exclusive authority to resolve any Dispute, including whether the Dispute is arbitrable. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Arbitration Costs

Payment of arbitration fees will be governed by the AAA Rules. If your claim is for $10,000 or less, we will reimburse your filing fee and pay the AAA's administrative fees and the arbitrator's fees, unless the arbitrator determines that your claims are frivolous. If your claim is for more than $10,000, arbitration costs will be allocated as determined by the AAA Rules.

17.4 Class Action Waiver

YOU AND TALK THAI AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You and Talk Thai expressly waive any right to bring or participate in any class action, collective action, private attorney general action, or other representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and all Disputes shall be resolved in court.

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to dmw335@cornell.edu within 30 days of first accepting these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, you may pursue legal action in court, but all other terms of this Agreement will still apply.

17.6 Survival

This arbitration agreement shall survive the termination of your account and these Terms.

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies posted on the Service, constitute the entire agreement between you and Talk Thai regarding the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver

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

20.4 Assignment

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

20.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

20.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apple and Google are third-party beneficiaries of these Terms as described in Section 13.

20.7 Export Compliance

The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and import laws and regulations.

20.8 Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.