This User Agreement governs the relationship between you and the independent developer Serhii Chertkov, providing access to the mobile application "English Notes" (EduScar). Please also review our Privacy Policy, which explains how we collect and use your data.
Use of the Application constitutes your full and unconditional acceptance of these terms.
IMPORTANT NOTICE FOR US USERS / CONSPICUOUS NOTICE
PLEASE READ THIS NOTICE CAREFULLY.
THIS TERMS OF SERVICE CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 11.
IF YOU RESIDE IN THE UNITED STATES, ALL DISPUTES BETWEEN YOU AND THE DEVELOPER WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER THE FEDERAL ARBITRATION ACT (FAA), RATHER THAN IN A COURT OF LAW, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE PROCEEDING.
YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS AS DESCRIBED IN SECTION 11.6. THIS SECTION DOES NOT APPLY TO USERS RESIDING IN THE EUROPEAN UNION, THE UNITED KINGDOM, OR OTHER JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED BY LAW.
By continuing to use the Application after reviewing this Notice, you acknowledge that you have carefully read Section 11, understand its implications, and voluntarily agree to the mandatory individual arbitration and class action waiver provisions.
1. DEVELOPER STATUS AND SERVICE PROVISION
1.1. The Application is developed, maintained, and provided on an "AS IS" basis. The Developer reserves the right to modify, suspend, or terminate any features of the Application at any time without prior notice.
2. REGISTRATION AND ACCOUNT
2.1. To use the full functionality (data synchronization), the creation of an account via email, Apple ID, or Google Sign-In is required. The User bears full responsibility for the security of their credentials.
3. SUBSCRIPTIONS AND PAYMENTS
3.1. The Application may offer auto-renewable subscriptions. Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
3.2. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
3.3. You can manage and cancel your subscriptions by going to your account settings on the App Store or Google Play after purchase.
3.4. The Developer does not process payments directly and cannot issue refunds. All refund requests must be directed to Apple or Google in accordance with their respective policies.
4. INTELLECTUAL PROPERTY AND LICENSING
4.1. All rights to the source code, design, encrypted dictionary databases, and logos belong to the Developer. The User is granted a limited, non-exclusive license for personal, non-commercial use.
5. PROHIBITED ACTIONS
- Decompiling, reverse-engineering, or attempting to extract the source code.
- Using automated systems (scripts, bots) to collect data.
- Copying or distributing Application content for commercial purposes.
6. USER-GENERATED CONTENT (UGC)
6.1. The User retains rights to their created word lists and notes, grants the Developer a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transfer, display, and process User Content solely as necessary to provide the Application and its features (including synchronization and backups).
6.2. Because the Developer does not manually moderate or review personal notes, the User is solely responsible for the legality, accuracy, and appropriateness of the content they create. The User agrees not to store illegal, offensive, or copyright-infringing materials within the Application.
7. AGE RESTRICTIONS
7.1. The Application is not intended for use by individuals under the age of 16. By using the Application, you represent that you have reached this age.
8. DISCLAIMER OF WARRANTIES
8.1. The Developer expressly disclaims all warranties. We do not guarantee that the use of the Application will lead to specific language proficiency levels or successful exam results.
9. LIMITATION OF LIABILITY
9.1. The Application and all related services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, the Developer expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
9.2. Exclusion of Certain Damages. In no event shall the Developer be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, goodwill, data, business interruption, learning outcomes, language proficiency results, or any other intangible losses, even if the Developer has been advised of the possibility of such damages.
9.3. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Developer’s total aggregate liability to you for all claims arising out of or relating to this Agreement or your use of the Application shall not exceed the greater of (i) the total amount actually paid by you to the Developer during the twelve (12) months immediately preceding the claim, or (ii) fifty U.S. dollars ($50.00).
9.4. Exceptions to Limitation of Liability. Nothing in this Agreement shall exclude or limit the Developer’s liability to the extent that such exclusion or limitation is prohibited by applicable mandatory law. In particular, and without limiting the generality of the foregoing, the Developer shall not be deemed to have excluded or limited its liability for: (i) death or personal injury resulting from the Developer’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be lawfully excluded or limited under the mandatory provisions of applicable law in the User’s jurisdiction (including, where relevant, the laws of the European Union, the United Kingdom, or the United States of America).
9.5. Severability. If any provision of this Section 9 is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
9.6. Reliance on Limitations. You acknowledge and agree that the Developer offers the Application and its pricing in reliance on the limitations of liability and disclaimers of warranty set forth in this Section, and that these limitations and disclaimers form an essential basis of the bargain between you and the Developer.
10. APPLE DISCLAIMER
10.1. This Agreement is between you and the Developer, not Apple Inc. Apple has no obligation to provide maintenance and support services regarding the Application.
10.2. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
11. DISPUTE RESOLUTION. MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER
11.1. Scope. The provisions of this Section 11 apply to you only if you reside in the United States of America or if your principal place of business is located in the United States. For users residing in the European Union, the United Kingdom, or other jurisdictions where mandatory arbitration or class action waivers are prohibited by applicable consumer protection laws, this Section does not apply to the extent prohibited by law.
11.2. Informal Dispute Resolution. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Application (a “Dispute”), you and the Developer agree to first attempt to resolve the Dispute amicably within sixty (60) days or such other reasonable period as may be mutually agreed by the parties. You must send a written notice of the Dispute from your registered email address to [email protected].
11.3. Binding Arbitration. If the Dispute is not resolved through informal negotiations, it shall be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) or another arbitration provider mutually agreed upon by the parties in writing, in accordance with the AAA Consumer Arbitration Rules. The arbitration shall be governed by the U.S. Federal Arbitration Act (FAA). The arbitrator’s decision shall be final and binding, with appeal rights limited to those available under applicable law.
11.4. Class Action Waiver. EXCEPT FOR USERS IN THE EU OR OTHER JURISDICTIONS WHERE SUCH WAIVER IS PROHIBITED, ALL ARBITRATIONS AND LEGAL PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Neither you nor the Developer may initiate, participate in, or act as a representative in any class action, collective action, or representative proceeding (whether in court or arbitration).
11.5. Small Claims Court. Either party may bring an action in small claims court for Disputes within the jurisdiction of such court without first engaging in arbitration.
11.6. Right to Opt-Out. You may opt out of the mandatory arbitration and class action waiver by sending a written notice to [email protected] within thirty (30) days of first installing the Application or registering an account (whichever occurs first). The notice must include your full name and the email address associated with your account. After this 30-day period, opt-out is no longer permitted.
11.7. Governing Law for Users Outside the US. For users residing outside the United States (including the EU). This Agreement shall be governed by the laws of Ukraine, without regard to its conflict of laws principles. Disputes shall be resolved in the competent courts of Ukraine, except where mandatory consumer protection laws grant you the right to sue in your local jurisdiction.
12. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, fires, floods, earthquakes, strikes, internet or cloud service outages (including Firebase or Cloudflare disruptions), governmental orders, or other circumstances of force majeure. The affected party shall notify the other party as soon as practicable and use reasonable efforts to resume performance.
13. GENERAL PROVISIONS
13.1. Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Developer with respect to the Application and supersedes all prior or contemporaneous understandings, whether written or oral.
13.2. Waiver. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
13.3. Assignment. The Developer may assign, transfer, or delegate any of its rights or obligations under this Agreement without your prior consent. You may not assign your rights or obligations without the Developer’s prior written consent.
For any legal inquiries, please contact us at:
[email protected]