End User License Agreement

Last updated: January 2025

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Orphi ("Company," "we," "us," or "our") for the use of the Orphi mobile application ("App") available through the Apple App Store. By downloading, installing, or using the App, you agree to be bound by this Agreement.

1. License Scope

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on devices you own or control
  • Use the App for your personal, non-commercial purposes
  • Access the features and services provided through the App

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

2. Restrictions

You agree not to, and will not permit others to:

  • Copy, modify, or distribute the App or any portion thereof
  • Reverse engineer, disassemble, decompile, or attempt to derive the source code of the App
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the App
  • Use the App for any unlawful purpose or in violation of any applicable laws or regulations
  • Use the App to transmit harmful code, viruses, or malicious software
  • Attempt to gain unauthorized access to the App, our servers, or any connected systems
  • Use automated systems or software to extract data from the App ("scraping")

3. Consent to Use of Data

You acknowledge that when you use the App, we may collect and use technical data and related information, including but not limited to:

  • Device information and identifiers
  • Usage statistics and analytics
  • Voice recordings for language learning purposes
  • Conversation data to improve your learning experience

This information is collected and used in accordance with our Privacy Policy, which is incorporated into this Agreement by reference.

4. Termination

This license is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any of its terms.

Upon termination, you must:

  • Cease all use of the App
  • Delete or destroy all copies of the App in your possession

We may also terminate or suspend your access to the App at any time, with or without cause, with or without notice.

5. External Services

The App may enable access to third-party services and websites ("External Services"). You understand that:

  • Use of External Services is at your sole risk and subject to the terms and privacy policies of those services
  • We are not responsible for examining or evaluating the content or accuracy of any External Services
  • We do not warrant or endorse and assume no liability for any External Services

6. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You assume all responsibility and risk for your use of the App.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to use) the App
  • Any conduct or content of any third party on the App
  • Unauthorized access, use, or alteration of your data

Our total liability for any claims arising from this Agreement shall not exceed the amount you paid us, if any, for access to the App during the twelve (12) months preceding the claim.

8. Export Compliance

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

10. Changes to This Agreement

We reserve the right to modify this Agreement at any time. If we make material changes, we will notify you by updating the "Last updated" date at the top of this page. Your continued use of the App after any changes indicates your acceptance of the modified Agreement.

11. Contact Us

If you have any questions about this End User License Agreement, please contact us at josue@useecho.ai