# TERMS OF SERVICE FOR MANDALEARN
**Last System Revision Date:** July 10, 2026
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### **IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER IN SECTION 14. THIS AFFECTS YOUR LEGAL RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH THE DEVELOPERS OF MANDALEARN. PLEASE READ IT CAREFULLY BEFORE ACCESSING, DOWNLOADING, OR USING THE SERVICE.**
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This Terms of Service agreement (the "Terms" or "Agreement") constitutes a legally binding contract entered into by and between you, whether personally or on behalf of an entity ("you," "your," or "User"), and the creators, owners, operators, developers, and affiliates of the MandaLearn mobile application (collectively, "MandaLearn," "we," "us," "our," or "Developer").
By downloading, installing, accessing, browsing, registering an account, or otherwise using the MandaLearn mobile application, websites, backend services, or related software systems (collectively, the "Service" or "App"), you explicitly acknowledge that you have read, understood, and agree to be bound by each and every term, condition, covenant, and restriction set forth in this Agreement, as well as our [Privacy Policy] which is incorporated herein by reference.
**IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE, AND YOU MUST IMMEDIATELY UNINSTALL AND DELETE THE APP FROM ALL OF YOUR DEVICES.**
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## 1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings specified below:
* **"App" or "Application"** refers to the MandaLearn mobile application, including all updates, patches, upgrades, extensions, and custom targets (such as DeviceActivityMonitorExtension, ShieldActionExtension, and ShieldConfigurationExtension) developed for iOS, Android, or other operating systems.
* **"User Content"** refers to any text, images, photos, audio clips, voice recordings, or other inputs provided, uploaded, or transmitted by the User to or through the App.
* **"AI Output"** refers to any text translations, vocabulary grading, pronunciation scores, conversational dialogues, images, or feedback dynamically generated by third-party artificial intelligence engines, large language models (LLMs), or machine learning systems integrated within the App.
* **"Pro Features" or "Subscriptions"** refers to paid access levels, locking/unlocking features, premium content libraries, advanced pronunciation analytics, and enhanced screen-time restrictions available via in-app purchases.
* **"Native OCR"** refers to the optical character recognition and scanning framework executed on-device using iOS native APIs (such as Apple's Vision framework) for the Book Scanner feature.
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## 2. ACCEPTANCE, AMENDMENTS, AND MODIFICATIONS
### 2.1 Binding Agreement
Your access to and use of the Service is conditioned strictly on your acceptance of and compliance with this Agreement. These Terms apply to all visitors, users, parents/guardians of users, and others who access or use the Service.
### 2.2 Right to Amend
Developer reserves the absolute unilateral right, at its sole discretion, to change, modify, revise, add, or remove portions of this Agreement at any time and for any reason. We will notify you of any material changes by updating the "Last System Revision Date" at the top of this document, through in-app notifications, or via the email address associated with your account.
### 2.3 Continued Use Consent
It is your sole responsibility to review this Agreement periodically for updates. Your continued access or use of the App following the posting of any changes or modifications constitutes your full, unconditional, and irrevocable acceptance of the revised Terms. If you object to any modifications, your sole and exclusive remedy is to immediately cease all use of the App and delete your account.
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## 3. ELIGIBILITY, AGE RESTRICTIONS, AND PARENTAL REPRESENTATION
### 3.1 Minimum Age Requirements
The App is intended for users who are at least thirteen (13) years of age (or the minimum age of digital consent under the laws of your jurisdiction, whichever is older). If you are under the age of thirteen (13), you are strictly prohibited from using the App, creating an account, or submitting any personal information to us.
### 3.2 Minor Users (Ages 13 to 18)
If you are between the ages of 13 and the legal age of majority in your jurisdiction (typically 18 years old):
1. **Parental Consent Required**: You represent that your parent or legal guardian has read, understood, and consented to this Agreement and our Privacy Policy on your behalf before you accessed or downloaded the App.
2. **Supervision**: Your parent or legal guardian accepts full responsibility for your activities on the App, including but not limited to any transactions, interactions with AI features, and exposure to content.
3. **Joint and Several Liability**: The parent or legal guardian of a minor User agrees to be jointly and severally liable for any damages, losses, or legal claims arising out of the minor's breach of this Agreement.
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## 4. USER ACCOUNTS, LOGINS, AND SECURITY
### 4.1 Social Provider Authentication
To access custom profiles, save learning progress (such as streaks, badges, and vocabularies), and purchase subscriptions, you must register and authenticate using supported third-party social login providers (such as Apple Sign-In or Google Sign-In).
### 4.2 Account Responsibility
You are solely responsible for securing your device, your social login credentials, and maintaining the confidentiality of your account. You agree to:
* Provide accurate, current, and complete profile information.
* Promptly notify Developer at mandalearnai@gmail.com of any unauthorized access, breach of security, or suspect usage of your account.
* Accept all risks of unauthorized access to your profile data and settings.
### 4.3 Account Suspension and Termination
Developer reserves the right, without notice, explanation, or liability, to suspend, disable, limit, or permanently terminate your account and your access to the App at our sole discretion, including but not limited to cases where we suspect a violation of these Terms, prolonged inactivity, or behavior detrimental to other users.
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## 5. COMMUNICATIONS AND EXPLICIT MARKETING CONSENT
### 5.1 Transactional and Operational Emails
By registering an account with MandaLearn through a social provider, you acknowledge and agree that Developer may send you transactional, operational, or service-related emails. These include subscription confirmation emails, password reset alerts, security updates, and critical system notifications. You cannot opt out of transactional emails as long as you maintain an active account.
### 5.2 **Explicit Marketing and Promotional Consent**
By creating an account, logging in, or using the Service, **you hereby grant your explicit, voluntary, and informed consent to receive marketing, promotional, and commercial emails from Developer.** These communications may include, but are not limited to:
* Weekly newsletters and educational Chinese learning resources.
* Special discount offers, marketing campaigns, and subscription promotion events.
* New feature announcements, user surveys, and tips to maintain learning streaks.
### 5.3 Opt-Out (Unsubscribe) Mechanism
You have the right to withdraw your consent to receive promotional emails at any time. You can execute this right by:
1. Clicking the "Unsubscribe" or "Opt-Out" hyperlink situated at the bottom of any promotional email we send you.
2. Sending a direct request via email to mandalearnai@gmail.com with the subject line "Unsubscribe."
Upon receipt of your opt-out request, we will process your request and remove your email address from our marketing distribution list in compliance with the CAN-SPAM Act, GDPR, and other applicable electronic communications laws.
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## 6. IN-APP PURCHASES, PRO FEATURES, AND SUBSCRIPTIONS
### 6.1 Payment Gateways
All billing, pricing, payment collection, and subscription renewals for Pro Features are handled directly by Apple Inc. (via the iOS App Store) or Google LLC (via the Google Play Store). Payments will be charged to your iTunes or Google Play account upon confirmation of purchase.
### 6.2 Third-Party Management (RevenueCat)
We utilize third-party subscription synchronization and management SDKs (specifically **RevenueCat**) to authenticate your purchase tokens and manage Pro status. By initiating a purchase, you agree to RevenueCat's verification protocols as set out in our Privacy Policy.
### 6.3 Auto-Renewal and Cancellation
Subscriptions automatically renew at the current price and frequency unless you disable auto-renew or cancel your subscription at least twenty-four (24) hours before the end of the current billing cycle. You must cancel your subscription through your App Store or Play Store account settings. Uninstalling the App does not automatically cancel your subscription.
### 6.4 **Strict No-Refund Policy**
**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PURCHASES, SUBSCRIPTIONS, AND IN-APP PAYMENTS ARE COMPLETELY NON-REFUNDABLE.** Developer has no authority to issue refunds or credit adjustments. Any refund requests must be submitted directly to Apple or Google and are subject to their respective refund policies.
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## 7. SCREEN TIME CONTROLS, DEVICE ACTIVITY API, AND EMERGENCY DISCLAIMER
### 7.1 Family Controls Consent
MandaLearn integrates Apple's Family Controls and Device Activity APIs to enforce focus modes, set screen limits, and restrict access to specific applications on your device. By toggling on these focus features, you grant the App full administrative permission to interface with these native APIs and enforce local blocking policies.
### 7.2 **ASSUMPTION OF LOCKOUT RISK**
You explicitly understand and agree that:
* The blocking, shielding, and monitoring functions are executed by native iOS/Android components over which Developer has limited control.
* Software conflicts, operating system updates, background thread crashes, or programming bugs within the App or Extensions (such as ShieldActionExtension or DeviceActivityMonitorExtension) **may cause your device to fail to unblock apps, or conversely, block access to your entire device, including critical applications.**
### 7.3 **ABSOLUTE EMERGENCY AND HEALTH DISCLAIMER**
* **NO EMERGENCY RELIANCE**: **YOU AGREE NEVER TO DEPEND ON MANDALEARN OR ITS SCREEN TIME FEATURES FOR EMERGENCY SITUATIONS.** You must ensure that your device has alternative, unhindered pathways to make emergency phone calls (e.g., 911, 112, 999), contact medical services, or access life-saving applications.
* **NO RESPONSIBILITY FOR HARM**: Developer shall not be held liable, legally or financially, for any bodily injury, medical emergency, property damage, business disruption, loss of revenue, or catastrophic event arising from a user's inability to access applications or functions on their device due to the operation, malfunction, or configuration of the MandaLearn screen time features.
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## 8. ARTIFICIAL INTELLIGENCE (AI) AND CONTENT DISCLAIMERS
### 8.1 Generative AI Output Unpredictability
MandaLearn leverages advanced generative artificial intelligence models to facilitate speech evaluation, roleplay dialogues, translations, and learning advice. By using these features, you acknowledge and agree that:
* AI Outputs are generated dynamically and algorithmically without human pre-screening or editing.
* **The AI may generate outputs that contain factual errors, grammatical mistakes, inappropriate statements, offensive remarks, biased viewpoints, or adult-themed (18+) content.**
* Developer is not responsible for monitoring individual AI-generated conversations and disclaims all liability for emotional distress, psychological discomfort, or offense caused by AI Outputs.
### 8.2 Inappropriate and Sensitive Content Warning
* **Mature Themes**: Certain learning modules (such as MBTI romance, social dating, or business negotiations) may contain mature themes that are inappropriate for children.
* **Parental Responsibility for Exposure**: Parents or legal guardians are solely responsible for determining which categories their children can access. If you permit a minor to use the App, you accept the risk that they may be exposed to mature topics or adult-oriented vocabulary generated by the AI or contained in advanced lessons.
* **Duty to Report**: You agree to immediately report any illegal, abusive, or highly offensive AI Outputs to mandalearnai@gmail.com to assist us in updating our prompt filters.
### 8.3 Native OCR Disclaimer
The Book Scanner feature relies on local, native iOS OCR technology to capture text from physical books. Developer makes no representations, warranties, or guarantees regarding the accuracy of character recognition, formatting, or subsequent translations. We are not responsible for any failures to scan or recognize text.
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## 9. USER CONDUCT AND PROHIBITED USES
You agree that you will not, under any circumstances:
1. **Decompile or Reverse Engineer**: Copy, modify, host, stream, sublicense, decompile, reverse engineer, disassemble, decrypt, or attempt to extract the source code of the App, its Extensions, or backend databases.
2. **AI Manipulation (Jailbreaking)**: Intentionally feed the AI features prompt injections, jailbreak instructions, or input strings designed to force the AI to bypass safety filters, output sexually explicit (18+), hateful, defamatory, or illegal text.
3. **Automated Scraping**: Use any robot, spider, scraper, deep-link, or other automated data gathering or extraction tools to access, monitor, scrape, or copy any portion of the App's lessons, databases, or user directory.
4. **Denial of Service**: Launch denial-of-service (DoS) attacks, introduce viruses, trojans, worms, logic bombs, or other malicious material designed to disrupt App performance or backend Appwrite instances.
5. **Commercial Exploitation**: Use MandaLearn’s content, logos, lessons, or databases for any commercial, non-personal instruction or profitable venture without our express written consent.
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## 10. INTELLECTUAL PROPERTY AND CONTENT LICENSING
### 10.1 Proprietary Rights
Except for your User Content, all materials within the App, including but not limited to code, software, design systems, illustrations, preset user icons, audio files, databases, lesson texts, streaks tracking structures, and branding elements ("MandaLearn IP") are owned by or licensed to Developer and are protected by copyright, trademark, and other intellectual property laws.
### 10.2 Limited User License
Subject to your continuous compliance with these Terms, Developer grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to download and install one copy of the App on a mobile device that you own or control, solely for your personal, non-commercial language learning purposes.
### 10.3 User Content License
By submitting User Content to the App (including voice audio for speaking practice, scans, or text inputs), you grant Developer a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purpose of operating, improving, training local algorithms, and maintaining the Service, in accordance with our Privacy Policy.
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## 11. WARRANTY DISCLAIMER
### **11.1 SERVICE "AS IS"**
**THE APP, INCLUDING ALL AI FEATURES, FOCUS BLOCKERS, LESSON CONTENT, NATIVE OCR, AND SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.**
### **11.2 EXCLUSION OF WARRANTIES**
**DEVELOPER, ITS AFFILIATES, PARTNERS, LICENSORS, AND AGENTS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:**
* **THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.**
* **ANY WARRANTIES THAT THE APP WILL BE SECURE, UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF BUGS, VIRUSES, OR MALWARE.**
* **ANY WARRANTIES REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, DECENT NATURE, OR APPROPRIATENESS OF ANY LESSON CONTENT, TRANSLATIONS, AI OUTPUTS, OR PRONUNCIATION GRADES.**
* **ANY WARRANTIES THAT THE SCREEN TIME OR APPLICATION BLOCKING FEATURES WILL RUN CONSTANTLY WITHOUT FAILING, CRASHING, OR LOCKING THE DEVICE.**
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## 12. LIMITATION OF LIABILITY
### **12.1 EXCLUSION OF CONSEQUENTIAL DAMAGES**
**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELOPER, ITS DEVELOPERS, OWNER, EMPLOYEES, PARTNERS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND.** This includes, but is not limited to:
* Loss of profits, loss of revenue, loss of business, loss of opportunity.
* Loss of data, corruption of databases, or system downtime.
* Cost of procurement of substitute services.
* **Personal injury, bodily harm, emotional distress, or wrongful death resulting from the usage or failure of the App's focus and screen time blocking features.**
* Unauthorized access to your account or alteration of your data.
### **12.2 MAXIMUM LIABILITY CAP**
**UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF DEVELOPER FOR ALL CLAIMS, DISPUTES, OR ACTIONS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF:**
1. **THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO DEVELOPER FOR ACCESS TO PRO FEATURES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.**
2. **TEN UNITED STATES DOLLARS ($10.00 USD).**
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Developer and you. You acknowledge that Developer would not be able to provide the App on an economically viable basis without these limitations.
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## 13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Developer, its directors, developers, employees, contractors, agents, and licensing partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees) arising from or relating to:
* Your access to, use, or misuse of the App.
* Your User Content, including prompt injections or attempts to force the AI to output restricted content.
* Your violation or breach of any term, condition, or covenant of this Agreement.
* Your violation of any third-party right, including but not limited to intellectual property, privacy, or proprietary rights.
* Your configuration of focus and screen-blocking features on your device or any minor's device.
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## 14. BINDING INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER
**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.**
### 14.1 Initial Informal Resolution
Before initiating any legal action, you agree to contact Developer at mandalearnai@gmail.com and attempt to resolve the dispute informally. Most disputes can be resolved quickly through open communication.
### 14.2 Binding Arbitration
If we are unable to resolve the dispute informally within sixty (60) days of your initial contact, you and Developer agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the App, your subscription, or your data privacy **shall be settled by binding, individual arbitration** under the rules of arbitration of your local jurisdiction, or a universally recognized arbitration service (such as JAMS or the American Arbitration Association).
### 14.3 **CLASS-ACTION WAIVER**
**YOU AND DEVELOPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.** The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
### 14.4 Jury Trial Waiver
By agreeing to arbitration, you and Developer explicitly waive the right to a trial by jury or to sue in a court of law.
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## 15. SEVERABILITY AND WAIVER
### 15.1 Severability
If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
### 15.2 No Waiver
The failure of Developer to enforce or exercise any right, power, or remedy under this Agreement shall not constitute a waiver of such right or provision, nor shall it prevent any subsequent enforcement of the same.
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## 16. ENTIRE AGREEMENT AND GOVERNING LAW
### 16.1 Entire Agreement
This Agreement, along with the [Privacy Policy](file:///c:/Users/harry/Desktop/LearnChineseAI/privacy-policy.md), constitutes the entire agreement between you and Developer concerning the App and supersedes all prior or contemporaneous communications, agreements, or representations, whether written or oral.
### 16.2 Governing Law
These Terms shall be governed by, interpreted, and construed in accordance with the laws of the jurisdiction where the primary Developer resides, without giving effect to any principles of conflicts of law.
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## 17. CONTACT INFORMATION
If you have questions, inquiries, complaints, or feedback regarding these Terms, please contact us:
* **Email:** mandalearnai@gmail.com
* **Response Commitment:** We endeavor to respond to all inquiries within 48 hours.