📝 Terms and Conditions

1. THE APP AND SERVICES

Eklan is an AI-powered language learning application that enables users to learn and improve English pronunciation, conversational fluency, and related language skills through interactive, conversation-based lessons with an AI tutor (the "Services").

The Services may include push notifications, messages, emails and other alerts. The Services may also include third-party advertisements and/or commercial content.

You can deactivate push notifications at any time by changing your notification settings in the App or on your device.

The Services are available only to individuals over the age of 16 who can form legally binding contracts under applicable law and who intend to use the App for personal use. Subject to these Terms and Conditions, Eklan grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sublicensable license to access and use the Services and App.

You hereby warrant that you have the legal capacity and authority to enter into these Terms and Conditions.

2. REGISTRATION

To use certain features of the App and Services you may be required to register and create a user account. As part of registration you may be required to pay a registration fee, provide certain personal information (e.g., name, phone number, email) and select a password. You must provide accurate, complete and updated information and comply with all applicable laws.

You must not: (i) impersonate another person; (ii) use as a username a name subject to any third-party rights without authorization; or (iii) access another user's account without permission.

Eklan may refuse registration or block access at its sole discretion. You are solely responsible for activity on your account and for maintaining the confidentiality of your credentials. Notify Eklan immediately of any unauthorized use. Eklan will not be liable for losses caused by unauthorized use of your account.

3. PAYMENT

Certain Services and features are offered under a monthly and/or annual paid subscription (the "Paid Content"). You agree to pay the fees and charges presented when you subscribe ("Fees"). For recurring subscriptions, you agree to pay Fees according to the applicable billing cycle. You are responsible for all taxes and charges incurred on your account. If acting on behalf of an entity, you are authorized to bind that entity.

Eklan uses third-party payment processors (e.g., Apple App Store, Google Play Store, Stripe) to facilitate payments. Purchases are subject to the payment processors' terms, policies and refund rules. To cancel a subscription billed via a third party, follow that provider's cancellation process.

Eklan may offer a Trial Period for Paid Content for promotional purposes. Eligibility, duration and terms of Trial Periods are determined by Eklan and may require valid payment information. If you do not cancel before the Trial Period ends, you authorize Eklan (or the relevant payment processor) to begin billing your selected subscription automatically. To avoid charges, cancel the subscription prior to the Trial Period's end. If you cancel, you will retain access only to features available for free.

4. INTELLECTUAL PROPERTY AND LICENSE

Eklan retains all right, title and interest in and to the App, Services and all related intellectual property rights. Subject to these Terms and Conditions, Eklan grants you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable license to access and use the App and Services solely for their intended purpose. You will not alter or modify any part of the App or Services other than as reasonably necessary to use them.

All content provided by Eklan (including photos, illustrations, text, audio, designs, trademarks, the "look and feel" and any other material) ("Eklan Content") is owned by Eklan and/or its licensors. You may not copy, reproduce, modify, publicly display, distribute, sell, license, rent, transfer, create derivative works from, or otherwise exploit Eklan Content without Eklan's prior written consent.

If you provide Eklan feedback or suggestions regarding the App or Services, you acknowledge Eklan may use them at its discretion without any obligation to compensate you.

5. USER CONTENT AND GENERATED CONTENT

You may create, upload, store, post, publish or otherwise provide content through the App (including profile information, photos, text, video and audio recordings) ("User Content").

User Content you share with other users or designate as public will be treated as non-confidential; you waive privacy rights in respect of such shared content. You may disable sharing features in your account settings where applicable.

During your use of the Services Eklan may create or derive content from your inputs (e.g., corrected pronunciations, lesson snippets, composite audio/text created by combining elements) ("Generated Content"). Generated Content may be made available via the App subject to your prior consent where required. Generated Content is created using the Services and may be owned by Eklan in accordance with applicable law and these Terms.

You represent and warrant that you own or have all necessary rights, consents and permissions to provide the User Content and to grant the rights and licenses set forth in these Terms. You will not upload or provide any content that infringes third-party rights or violates any law.

By submitting User Content and other content from your device to Eklan, you grant Eklan an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, store, modify, adapt, publish, distribute, publicly perform and display such content and to create derivative works for the purpose of providing, operating and improving the App and Services and for any other purpose as set out in our Privacy Policy. You may remove User Content from the App, but Eklan may retain archived copies for a reasonable period for backup, legal compliance, enforcement and other legitimate purposes.

You are solely responsible for User Content you provide and for any loss or harm resulting from it. Eklan does not guarantee accuracy, legality or quality of any User Content and disclaims liability in relation to User Content to the fullest extent permitted by law.

6. RESTRICTIONS ON USE

You represent that you have authority to enter these Terms and to use the Services. If you become aware of an unauthorized use of the App, notify Eklan promptly.

You will not, nor permit others to, use the App or Services to: (a) post or transmit material that is defamatory, abusive, harassing, threatening, hateful, racially or otherwise offensive, invasive of privacy, obscene or otherwise objectionable; (b) infringe intellectual property or other third-party rights; (c) facilitate or encourage illegal activity; (d) attempt to obtain passwords or private information from others; (e) introduce malware, viruses, trojans or other harmful code; (f) impersonate any person; (g) stalk, harass, spam or otherwise abuse other users; or (h) violate any applicable law.

You shall not (a) circumvent, disable or otherwise interfere with any security feature of the App; (b) sell, sublicense, rent, lease, distribute, transfer or make the App or Services available to third parties; (c) decompile, reverse engineer or otherwise attempt to access or derive source code; (d) use automated means (including crawling, scraping or caching) to access or interact with the App without Eklan's express consent; or (e) use the App in any manner not authorized by these Terms.

7. THIRD PARTY WEBSITES

The App may contain links to third-party websites, applications or services that are not owned or controlled by Eklan. Eklan is not responsible for their availability, content, accuracy or privacy practices. If you visit third-party sites or use third-party services, their terms and privacy policies will apply. Eklan does not endorse and is not liable for third-party sites or content.

8. USAGE RULES (PLATFORM PROVIDERS)

If you downloaded the App through a platform provider (e.g., Apple App Store, Google Play Store, Amazon Appstore), your use of the App may also be governed by the platform provider's usage rules. It is your responsibility to determine which Usage Rules apply. To the extent of any conflict between these Terms and the platform provider's rules that pertain to the platform provider's obligations, representations, warranties or limitations of liability, the platform provider's rules shall prevail.

9. TERMINATION

Eklan may terminate or suspend your account and access to the App and Services (or any part thereof) immediately and without prior notice or liability. Provisions that by their nature should survive termination (including ownership provisions, warranty disclaimers, indemnities and limitation of liability) will survive. Termination does not relieve you of obligations accrued prior to termination.

10. PRIVACY POLICY

Eklan collects and uses personal information in accordance with its Privacy Policy, which is incorporated into these Terms. Please review our Privacy Policy at https://www.eklan.ai/privacy (or the page hosted on our website) for details on how we collect, use and disclose information. By using the App you agree to the terms of the Privacy Policy.

11. WARRANTY DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK. THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. EKLAN DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS. EKLAN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS.

The App relies on artificial intelligence and machine learning. Outputs generated by the App (including conversation responses, assessments, suggestions and corrections) are highly dependent on user input and the limitations of current AI technology. The App prohibits the input of explicit, obscene, offensive, abusive, racist, hateful or otherwise disallowed content. Any responses generated to such input are not endorsed by Eklan and are the user's sole responsibility. Eklan will not be liable for such generated content.

Eklan does not provide medical, legal, psychological, or other professional services. If you believe you are experiencing an emergency or require professional assistance, contact local emergency services or appropriate professionals immediately.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EKLAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER PECUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, THE SERVICES OR YOUR USE OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EKLAN'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID BY YOU TO EKLAN FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY).

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Eklan and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) arising from or related to: (i) your use or misuse of the App and Services; (ii) your violation of these Terms or third-party rights (including privacy or intellectual property rights); or (iii) your User Content. Eklan may assume exclusive defense and control of any matter subject to indemnification, and you will cooperate with Eklan's defense.

14. REPORTING OF INTELLECTUAL PROPERTY INFRINGEMENTS

If you believe in good faith that any material on or available through the App infringes your copyright or other intellectual property rights, please notify us promptly by email to: aa@eklan.ai with sufficient information to permit Eklan to investigate the claim.

15. MISCELLANEOUS