Terms of Use

By downloading, installing, accessing, or using Talkey ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

You must be at least 13 years old to use Talkey. If you are under 18, you represent that you have your parent's or guardian's permission to use the App and that they have agreed to these Terms on your behalf.

We reserve the right to refuse service to anyone for any reason at any time. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting.

Talkey is a language learning application that provides:

• Flashcard-based learning with spaced repetition algorithms
• Structured language courses
• Reading practice with EPUB books
• Listening practice with podcasts and radio
• Progress tracking and statistics
• Social features including user profiles and shared content
• Content import capabilities (Anki deck import)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We do not guarantee that the Service will be available at all times or that it will be uninterrupted or error-free.

To use certain features of Talkey, you must create an account. You agree to:

• Provide accurate information: Provide accurate, current, and complete information during registration
• Maintain information: Maintain and update your information as necessary
• Account security: Maintain the security of your account credentials
• Account responsibility: Accept responsibility for all activities under your account
• No sharing: Not share your account with others
• Unauthorized access: Notify us immediately of any unauthorized access or use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

You agree NOT to:

• Use the App for any illegal purpose or in violation of any applicable laws or regulations
• Harass, abuse, or harm other users
• Upload malicious code, viruses, or harmful content
• Impersonate others or provide false information
• Attempt to gain unauthorized access to the Service or other users' accounts
• Reverse engineer, decompile, or disassemble the App
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Violate any intellectual property rights of others
• Collect other users' data without permission
• Use the Service to build a competing product or service

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the Service.

You retain ownership of content you create, upload, or share through Talkey ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have rights to all User Content you submit
• User Content does not violate any laws or third-party rights
• User Content is not harmful, offensive, or illegal
• You have the right to grant the license described above

We reserve the right to remove any User Content that violates these Terms without notice. You are solely responsible for your User Content and the consequences of posting it.

Content Import: If you import content (such as Anki decks), you are responsible for ensuring you have the rights to import and use such content. You may not import copyrighted material without permission.

Talkey and its original content, features, and functionality are owned by Remelith Inc. and are protected by international copyright, trademark, and other intellectual property laws.

The App may contain third-party content (books from Gutendex, podcasts from PodcastIndex, etc.) that is the property of its respective owners and used under license or with permission.

You may not:

• Copy, modify, or distribute the App or its content without permission
• Remove copyright or proprietary notices
• Use our trademarks without permission
• Create derivative works based on the App
• Reverse engineer or attempt to extract source code

Talkey offers premium subscriptions with the following plans:

• Monthly Subscription: Recurring monthly billing
• Quarterly Subscription: Recurring quarterly billing (3 months)
• Yearly Subscription: Recurring yearly billing (12 months)

Billing and Payments:

• Subscriptions are processed through Apple's App Store using StoreKit
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage subscriptions in your Apple Account Settings
• Prices are subject to change with 30 days' notice
• All sales are final except as required by law or Apple's refund policy

Cancellation:

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for unused portions of subscription periods

We reserve the right to modify subscription plans, features, or pricing with reasonable notice.

Talkey integrates with third-party services including:

• Supabase: Backend services and database
• Gutendex API: Book content (public domain books)
• PodcastIndex API: Podcast content
• Apple: Authentication, payments, and iOS services
• Google: Authentication services

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services, their content, or their practices.

We do not endorse or assume responsibility for any third-party content, services, or websites accessible through the App.

DISCLAIMER OF WARRANTIES:

THE SERVICE 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, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Learning outcomes are guaranteed

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.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Remelith Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another
• Your User Content

Either you or we may terminate your account and access to the Service at any time, with or without cause, with or without notice.

We may terminate or suspend your account immediately, without prior notice, if you violate these Terms.

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and data
• Provisions that by their nature should survive will survive

You may terminate your account by contacting us or through the App settings.

Governing Law: These Terms shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@talkey.app. If not resolved within 30 days, either party may proceed.

Binding Arbitration: Any disputes not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except for claims that may be brought in small claims court.

Class Action Waiver: You agree to resolve disputes individually, not as part of a class action.

Opt-Out: You may opt out of arbitration by sending written notice to legal@talkey.app within 30 days after you first accept these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Sending an email notification (if you have provided an email)
• Displaying a notice in the App

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service.

Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.

Waiver: Failure to enforce any provision does not constitute a waiver.

Assignment: You may not assign these Terms. We may assign these Terms without restriction.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our control.

Survival: Provisions that by their nature should survive termination (including payment obligations, intellectual property, limitations of liability, indemnities, and dispute resolution) will survive.

If you have any questions, concerns, or feedback regarding these Terms of Use or the Talkey App, please contact us: