Spikato Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Spikato mobile application and website (collectively, the "Service"). The Service is operated by an independent developer ("Spikato", "we", "us", or "our") based in Edmonton, Alberta, Canada.

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and Age Requirements

• You must be at least 18 years old to use the Service.
• The Service is strictly intended for adults. By creating an account or using the Service, you represent and warrant that you are 18 years of age or older.
• If we discover that an account has been created by someone under 18, we will terminate the account and delete associated data immediately.

2. Accounts and Registration

• You may create an account using an email address and password and/or using Google Sign-In (if available).
• You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
• You agree to provide accurate and current information and to keep it updated.
• You must not share, sell, transfer, or allow others to access your account except as permitted by law.
• We may suspend or terminate accounts that violate these Terms, pose security risks, or involve suspected fraud or abuse.

3. The Service (Educational Use)

Spikato provides English-learning features such as lessons, quizzes, AI chat practice, live voice practice, pronunciation tools, and feedback reports. The Service is offered for educational purposes only.

4. Purchases, Subscriptions, and Minute Top-Ups

4.1 Free Tier

• We may offer a free tier with limited access (such as limited lessons, chat scenarios, and/or a limited allocation of live call minutes).
• Free-tier limits and included features may change over time to improve the Service or prevent abuse.

4.2 Paid Subscription (Auto-Renewing)

• A paid subscription may unlock full access to features.
• Subscriptions are billed and managed by Apple (App Store) or Google (Google Play). Pricing is shown at purchase time.
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period (or as otherwise specified by Apple/Google).
• You can manage or cancel subscriptions in your Apple ID / Google Play account settings.
• We do not have access to your full payment method details.

4.3 Minute Top-Ups (Consumables)

• You may purchase additional live-call minutes as consumable in-app purchases (for example 10, 30, or 60 minutes).
• Unless the Service explicitly says otherwise, purchased minutes are non-transferable, have no cash value, and are for use only within the Service.
• We may add rules to prevent fraud or abuse (for example, limits on purchases, usage throttling, or verification steps).

4.4 Refunds

• Purchases are processed by Apple/Google and are subject to their refund policies.
• We do not issue refunds directly for App Store/Google Play purchases. If you believe you are eligible for a refund, request it through the store where you made the purchase.

5. Acceptable Use

You agree not to:

• Use the Service for unlawful purposes or in violation of any applicable law.
• Attempt to access, probe, scan, reverse-engineer, or tamper with the Service, APIs, or security mechanisms.
• Circumvent usage limits, paywalls, quota enforcement, or purchase checks.
• Upload, transmit, or generate content that is harmful, abusive, harassing, hateful, sexually explicit, exploitative, or otherwise inappropriate.
• Impersonate any person or entity, or misrepresent your affiliation with someone.
• Interfere with the normal operation of the Service or other users' access.

We may investigate violations and take action including removal of content, suspension, or termination.

6. AI-Generated Content and Limitations

• The Service may use AI to generate responses, explanations, lesson grading, and feedback.
• AI outputs may be inaccurate, incomplete, offensive, or not suitable for your situation.
• You agree not to rely on AI outputs for high-stakes decisions (medical, legal, financial, safety-critical, or professional advice).
• We are not responsible for AI-generated outputs or for actions you take based on them.

7. User Content (Text and Audio)

7.1 Your Content

"User Content" includes text, messages, prompts, recordings, and other content you submit to the Service.

You retain ownership of your User Content as between you and Spikato, subject to the license below.

7.2 License to Operate the Service

You grant Spikato a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your User Content only as necessary to operate, maintain, secure, and improve the Service (including generating feedback and providing conversation features).

7.3 Responsibility for Your Content

You are responsible for your User Content and represent that:

• You have the rights to submit it.
• It does not violate law or infringe others' rights.
• You will not submit sensitive personal data you don't want processed (for example, passwords, highly sensitive identifiers) through chat or voice features.

8. Intellectual Property

• The Service, including its software, design, logos, branding, and non-user content, is owned by Spikato or licensed to us and is protected by applicable intellectual property laws.
• You may not copy, distribute, modify, or create derivative works from the Service except where permitted by law or with our written permission.

9. Third-Party Services and App Stores

The Service may rely on third-party services (for example, hosting, authentication, AI processing, real-time communications, speech processing). Your use of those third-party services may be subject to their terms and policies.

Apple and Google are not parties to these Terms. For purchases, Apple/Google act as the payment processors/merchant of record (as applicable), and their terms apply.

10. Account Deletion

• You can delete your account in the app via Profile → Danger Zone → Delete Account (or equivalent).
• If you cannot access the app, you may request account deletion using this web form: https://forms.gle/X6NFAgbSd5Xb6Rdb9.
• Deletion is intended to be permanent. However, we may retain limited records where required or permitted for legal, security, fraud prevention, or accounting purposes (for example, store transaction records).

11. Termination and Suspension

We may suspend or terminate your access to the Service at any time if:

• You violate these Terms.
• We believe your use poses a security risk, involves abuse, or is unlawful.
• We discontinue the Service (in whole or part).

Upon termination, your right to use the Service stops immediately. Sections that by their nature should survive termination will survive (including intellectual property, disclaimers, limitation of liability, and indemnity).

12. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis to the fullest extent permitted by law.

We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

• The Service will be uninterrupted, error-free, or secure.
• Any defects will be corrected.
• AI outputs will be accurate or appropriate.

13. Limitation of Liability

To the fullest extent permitted by law, Spikato will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service.

To the fullest extent permitted by law, Spikato's total liability for any claim arising from or related to the Service or these Terms will not exceed the amount you paid (if any) to Spikato through the Service in the 12 months preceding the event giving rise to the claim.

(Some jurisdictions do not allow certain limitations. In those cases, these limitations apply to the maximum extent permitted.)

14. Indemnification

You agree to indemnify and hold harmless Spikato from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service,
• Your User Content,
• Your violation of these Terms,
• Your violation of any rights of another party or applicable law.

15. Governing Law and Venue

These Terms are governed by the laws applicable in Alberta, Canada, without regard to conflict of law principles.

You agree that disputes will be brought in the courts located in Alberta, Canada, unless applicable law requires otherwise.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top. Continued use of the Service after changes take effect means you accept the updated Terms.

17. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect and use personal information.

Privacy Policy URL: https://spikato.prinixlabs.com/privacy-policy

18. Contact

Questions about these Terms:

• Email: legal@spikato.app

Support:

• Email: support@spikato.app