Terms and Conditions

1. AGREEMENT TO TERMS

Welcome to Speak Up! These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Savvy Solutions Ltd ("Company," "we," "us," or "our") regarding your use of the Speak Up mobile application ("App") and all related services (collectively, the "Services").

Please read these Terms carefully. They include important information about your legal rights, remedies, and obligations, including mandatory arbitration provisions and class action waivers.

2. ACCEPTANCE OF TERMS

By creating an account or using the Services, you confirm that:

• You are at least 13 years of age (or the age of digital consent in your country)
• You have the legal capacity to enter into this agreement
• You will comply with all applicable laws and regulations
• You have read and understood our Privacy Policy
• All information you provide is accurate and up-to-date

3. DESCRIPTION OF SERVICES

Speak Up is an AI-powered language learning platform that provides:

3.1 Core Features

• AI Tutor Conversations: Real-time voice conversations with AI language tutors
• Custom Avatar Creation: Personalized AI tutor avatars created from your photos
• Vocabulary Management: Save, organize, and practice vocabulary words
• Speech Recognition: Real-time pronunciation feedback and voice analysis
• Progress Tracking: Track learning progress, streaks, and achievements
• Multiple Languages: Support for various language learning pairs
• Vocabulary Tests: Assess and reinforce your learning
• Role-Play Scenarios: Practice real-world conversation scenarios

3.2 Subscription Features

Certain advanced features require a paid subscription:

• Unlimited AI tutor conversations
• Premium avatar customization options
• Advanced vocabulary tools
• Detailed progress analytics
• Priority customer support
• Ad-free experience
• Scholarship program access (weekly/monthly eligibility)

4. USER ACCOUNTS

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Any losses resulting from unauthorized use

We recommend using a strong, unique password and enabling two-factor authentication if available.

4.3 Account Termination

You may terminate your account at any time by:

• Going to Settings → Account → Delete Account
• Contacting support at info@app-speakup.com

We reserve the right to suspend or terminate accounts that violate these Terms.

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Subscription Plans

We offer the following subscription options:

• Weekly Subscription: Billed weekly at the rate displayed in the app
• Monthly Subscription: Billed monthly at the rate displayed in the app

Prices may vary by region and are subject to applicable taxes.

5.2 Free Trial

New users may be eligible for a free trial period. Trial terms:

• Trial duration is displayed during sign-up
• You will not be charged during the trial period
• You can cancel anytime during the trial without charge
• If you do not cancel, you will be automatically charged when the trial ends
• One trial per user; cannot be combined with other offers

5.3 Automatic Renewal

Subscription details:

• Charges occur through your Apple App Store or Google Play Store account
• Subscriptions renew automatically at the same price (unless changed)
• You will be notified of price changes before they take effect
• Renewal can be turned off in your app store account settings

5.4 Payment Processing

• All payments are processed securely through Apple App Store or Google Play Store
• We do not store your payment card information
• Payment methods are managed through your app store account
• Failed payments may result in subscription suspension

5.5 Cancellation

To cancel your subscription:

• iOS: Settings → [Your Name] → Subscriptions → Speak Up → Cancel Subscription
• Android: Google Play Store → Menu → Subscriptions → Speak Up → Cancel

Cancellation takes effect at the end of the current billing period. You will retain access until then.

5.6 Refund Policy

Refunds are handled according to Apple App Store and Google Play Store policies:

• Refund requests must be submitted through the app store where you purchased
• We cannot directly process refunds for app store purchases
• Eligibility depends on app store policies and timing of request
• No refunds for partial subscription periods after use begins

For assistance with refund requests, contact info@app-speakup.com.

5.7 Price Changes

We reserve the right to change subscription prices with 30 days' advance notice. Price changes will:

• Be communicated via email and in-app notification
• Not affect your current billing cycle
• Apply to subsequent renewal periods
• Allow you to cancel before the change takes effect

6. SCHOLARSHIP PROGRAM

6.1 Program Overview

Subscribers may participate in our Scholarship Program to earn savings on future subscriptions:

• Weekly Subscribers: Can earn up to $0.64 per day by completing daily conversations
• Monthly Subscribers: Can earn up to $0.64 per day by completing daily conversations
• Boost Days: Every 3rd day offers increased rewards ($1.00) by completing both a conversation and vocabulary test

6.2 Eligibility and Rules

• Only active subscribers with valid subscriptions can participate
• Missed days result in lost earning opportunities (no retroactive credits)
• Daily tasks must be completed by midnight (your local timezone)
• Boost day tasks require both conversation completion AND vocabulary test
• Earnings are calculated and tracked by our backend system
• Program terms may be modified with 30 days' notice

6.3 Scholarship Redemption

• Accumulated savings apply to future subscription renewals
• Savings do not expire while your subscription remains active
• If you cancel, accumulated savings are forfeited
• Savings cannot be transferred or redeemed for cash

7. USER CONDUCT AND PROHIBITED ACTIVITIES

7.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

7.2 Prohibited Activities

• Unauthorized Access: Attempt to access accounts, systems, or networks without permission
• Abuse or Harassment: Use the Services to harass, abuse, threaten, or harm others
• Fraudulent Activity: Provide false information or engage in fraudulent transactions
• Reverse Engineering: Decompile, disassemble, or reverse engineer the app
• Circumvention: Bypass any security measures or access restrictions
• Automated Access: Use bots, scrapers, or automated tools without permission
• Malware Distribution: Upload viruses, malware, or harmful code
• Intellectual Property Violations: Infringe on copyrights, trademarks, or proprietary rights
• Inappropriate Content: Upload offensive, illegal, or inappropriate content
• Impersonation: Impersonate others or misrepresent your affiliation
• Commercial Exploitation: Use the Services for unauthorized commercial purposes
• Data Mining: Extract data using automated means without permission

7.3 Consequences of Violations

Violations may result in:

• Immediate account suspension or termination
• Removal of content and revocation of access
• Legal action and reporting to authorities
• No refund of subscription fees

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Intellectual Property

All content and materials in the Services are owned by or licensed to Savvy Solutions Ltd, including:

• App design, layout, and user interface
• Software code, algorithms, and technology
• Trademarks, logos, and brand elements ("Speak Up" name and logo)
• AI-generated content, lesson materials, and course content
• Text, graphics, images, audio, and video

These are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, distribute, or create derivative works
• Remove copyright or proprietary notices
• Use our trademarks without written permission
• Sell, license, or commercialize our content

8.2 Your Content

You retain ownership of content you create or upload ("User Content"), including:

• Profile information and photos
• Avatar photos you upload
• Vocabulary words you add
• Voice recordings from practice sessions

8.3 License Grant

By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, store, and process your content to provide the Services
• Create AI tutor avatars from your photos
• Process voice recordings for speech recognition and feedback
• Analyze usage data to improve the Services

This license terminates when you delete your account, except for content that has been shared with others or is necessary for legal compliance.

8.4 Content Restrictions

You must not upload User Content that:

• Infringes on intellectual property rights
• Contains malware or harmful code
• Is illegal, defamatory, or obscene
• Violates privacy or publicity rights
• Contains personal information of others without consent

9. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our Privacy Policy explains:

• What information we collect and how we use it
• How we protect your personal data
• Your rights regarding your information
• How we handle voice recordings and avatar photos

By using the Services, you consent to our data practices as described in the Privacy Policy.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 Service "As Is"

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security of data transmission
• Language learning results or outcomes

10.2 Not a Substitute for Professional Education

Speak Up is a supplementary language learning tool. It is not:

• A replacement for formal language education
• A guarantee of language proficiency
• Professional translation or interpretation services
• Accredited or certified language training

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVVY SOLUTIONS LTD SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from:
  • Your use or inability to use the Services
  • Unauthorized access to your account
  • Errors, bugs, or technical issues
  • Third-party content or conduct
  • Suspension or termination of your account

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 (WHICHEVER IS GREATER).

10.4 Third-Party Services

The Services may integrate with third-party services (Apple, Google, OpenAI, etc.). We are not responsible for:

• Third-party service availability or functionality
• Third-party terms, policies, or actions
• Data shared with third parties through integrations

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Savvy Solutions Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use or misuse of the Services
• Your User Content
• Your violation of any laws or third-party rights
• Unauthorized use of your account

12. DISPUTE RESOLUTION

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at info@app-speakup.com to resolve the dispute informally. We will attempt to resolve the issue within 30 days.

12.2 Governing Law

These Terms are governed by the laws of Azerbaijan, without regard to conflict of law principles.

12.3 Arbitration Agreement

If we cannot resolve a dispute informally, you agree that any legal dispute will be resolved through binding arbitration rather than in court, except:

• Small claims court disputes (under jurisdictional limits)
• Intellectual property disputes
• Claims that cannot be arbitrated by law

12.4 Class Action Waiver

12.5 Jurisdiction

For disputes not subject to arbitration, you agree to the exclusive jurisdiction of courts in Baku, Azerbaijan.

13. MODIFICATIONS TO SERVICES AND TERMS

13.1 Changes to Services

We reserve the right to:

• Modify, suspend, or discontinue any feature or service
• Change pricing with advance notice
• Update app functionality and design
• Impose usage limits or restrictions

We are not liable for any modifications or discontinuations.

13.2 Changes to Terms

We may update these Terms from time to time. Changes will be effective:

• Immediately upon posting for non-material changes
• 30 days after notice for material changes

We will notify you of material changes via:

• Email to your registered address
• In-app notification
• Update to the "Last Updated" date

Continued use after changes constitutes acceptance of the new Terms.

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by deleting it through the app or contacting support.

14.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• Your account is inactive for an extended period
• We suspect fraudulent or illegal activity
• Required by law or legal process
• We discontinue the Services

14.3 Effect of Termination

Upon termination:

• Your access to the Services will immediately cease
• Your subscription will be cancelled (no refund for remaining period)
• Your User Content will be deleted within 30 days
• Accumulated scholarship savings will be forfeited
• Certain provisions of these Terms will survive (e.g., indemnification, disclaimers)

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Savvy Solutions Ltd regarding the Services.

15.2 Severability

If any provision is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your account. We may assign our rights and obligations to another entity.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, wars, etc.).

15.6 No Agency

These Terms do not create any partnership, joint venture, employment, or agency relationship.

15.7 Third-Party Beneficiaries

These Terms do not confer any rights to third parties.

15.8 Export Compliance

You agree to comply with all applicable export and import laws when using the Services.

15.9 Language

These Terms are written in English. Translations are provided for convenience only. In case of conflict, the English version prevails.

16. SPECIFIC PLATFORM TERMS

16.1 Apple App Store

If you download the app from the Apple App Store, you acknowledge:

• These Terms are between you and Savvy Solutions Ltd, not Apple
• Apple has no obligation to provide support or maintenance
• Apple is not responsible for product warranty claims
• Apple is not liable for any claims related to the app
• You will comply with Apple's App Store Terms of Service
• Apple and its subsidiaries are third-party beneficiaries of these Terms

16.2 Google Play Store

If you download the app from Google Play Store, you acknowledge:

• You will comply with Google Play Terms of Service
• Google is not responsible for the app or content
• Google has no obligation to provide support

17. CONTACT INFORMATION

18. ACKNOWLEDGMENT