1
Introduction
Welcome to Spey, a language-learning and social application ("App") provided by Spey Team ("we," "us," or "our"). This User Agreement (the "Agreement") sets forth the terms and conditions that govern your use of the App, including all services, features, content, and functionality offered through the App (collectively, the "Services").
By accessing or using the Spey App, you ("you" or "user") agree to be bound by this Agreement. If you do not agree to these terms, please do not use the App.
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Eligibility
You must be at least 13 years old to use the Spey App. By using the App, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
If you are using the App on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
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Account Creation and Use
3.1 Account Registration
To access certain features of the App, you may be required to create an account. When creating an account, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
3.2 Account Conduct
You agree to use your account in accordance with all applicable laws, regulations, and this Agreement. You shall not:
- Use the account for any illegal or unauthorized purpose.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use the account to harass, abuse, threaten, defame, or otherwise violate the rights of others.
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AI Characters and Interactions
4.1 AI Character Rights
The AI characters (e.g., Yuki Nakamura, Aiden O'Connor, Hana Yamamoto, Lukas Müller) are the intellectual property of Spey Team. You may interact with them for the purposes of language learning and general conversation as permitted by the App's functionality, but you shall not:
- Attempt to reverse-engineer, copy, or modify the AI characters in any way.
- Use the AI characters' names, likenesses, or dialogues for any commercial purpose without prior written consent from Spey Team.
4.2 Interaction Guidelines
When interacting with the AI characters:
- You shall maintain a respectful and appropriate tone. Hate speech, discriminatory language, or any form of inappropriate content is strictly prohibited.
- You are responsible for any language learning outcomes or misunderstandings that may arise from your interactions. The AI characters are designed to assist in language learning but do not guarantee specific language proficiency levels.
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Content and Intellectual Property
5.1 User-Generated Content
Any content you create or submit through the App, such as chat messages, (collectively, "User Content"), remains your intellectual property. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the App and our business.
5.2 App Content
All content owned by us, including but not limited to the App's design, text, graphics, images, and software (collectively, "App Content"), is protected by intellectual property laws. You may not use, copy, reproduce, modify, distribute, transmit, display, perform, or create derivative works of any App Content without our prior written consent.
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Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into this Agreement by reference, describes how we collect, use, disclose, and protect your personal information.
By using the App, you consent to the collection and use of your information as described in the Privacy Policy.
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Prohibited Conduct
In addition to other prohibited activities described in this Agreement, you shall not:
- Use the App for any illegal or fraudulent purpose.
- Interfere with or disrupt the App's servers, networks, or other users' use of the App.
- Upload, transmit, or distribute any viruses, malware, or other harmful code.
- Engage in any activity that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.
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Termination
8.1 Termination by Us
We may terminate or suspend your account and your access to the App at any time, with or without cause, and with or without notice. Reasons for termination or suspension may include, but are not limited to, your violation of this Agreement, suspected illegal activity, or excessive abuse of the App's features.
8.2 Termination by You
You may terminate your account at any time by following the App's account deletion procedures. However, you are still responsible for any obligations incurred prior to termination.
8.3 Effects of Termination
Upon termination of your account:
- Your right to use the App and access your account will cease immediately.
- We may retain your User Content for a reasonable period for record-keeping or other legitimate business purposes, but we will no longer make it available to other users.
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Disclaimer of Warranties
The App 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 App will be error-free, uninterrupted, or secure, or that any defects will be corrected.
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Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the App, whether based on contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
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Indemnification
You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
- Your use of the App in violation of this Agreement.
- Any User Content you submit or transmit through the App.
- Your violation of any rights of another person or entity.
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Changes to the Agreement
We may modify this Agreement from time to time. If we make material changes, we will notify you by email or through a prominent notice in the App prior to the effective date of the changes. Your continued use of the App after the effective date of the changes constitutes your acceptance of the modified Agreement.
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Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the laws of the State of California, USA.
Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the state and federal courts located in San Francisco, California.
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Entire Agreement
This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and Spey Team regarding the use of the Spey App and supersedes all prior agreements and understandings, oral or written, relating to the same.
