Terms Of Service

Definitions of Terms

“We” / “Us” / “Company” / “Application administration”

Ozzio Apps, operated by Konokhov Oleksandr Oleksandrovych, an individual entrepreneur (FOP / Фізична особа-підприємець) registered in Ukraine (D-U-N-S: 667631442).

“Application “ViaWords”” (hereinafter – “Application” / “App” / “Service”)

Software installed on smartphones and/or other hardware devices that enables the use of the Application on supported platforms, through which, via the Internet, the User can access the relevant data and functionality of the Application provided by the Application Administration. The App is currently available on Android via Google Play. An iOS version distributed via the Apple App Store is planned; these Terms will apply equally to that version when it is released.

• Google Play link: The link will be added w Google Play listing is approved.
• App Store link: Not currently available. An iOS version and App Store listing are planned; the link will be added when published.

“Confidentiality of personal data”

The requirement not to allow the distribution of personal data (mandatory for compliance by the Administrator or another person who has access to personal data) without the consent of the subject of personal data or the presence of another legal basis. Mandatory for compliance by the Administrator or another person who has gained access to personal data.

“User”

A person who uses the Application and has agreed to comply with the Application Terms and conditions.

“Personal data”

Any information relating directly or indirectly to an individual (subject of personal data).

“Processing of personal data”

Any operation or set of operations performed on personal data, whether or not by automated means, including collection, recording, systematization, accumulation, storage, clarification (updating, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, or destruction of personal data.

“Privacy Policy”

Our privacy policy describing how we collect, use, and protect your personal data, which is an integral part of this Contract and is available at the link: Privacy Policy.

“IP address”

A unique network address of a node in a computer network built according to the IP protocol.

“Store”

The digital distribution platform through which you obtain or pay for the App. Currently, this means Google LLC, which operates the Google Play store (payments are processed via Google Play Billing). When an iOS version is published, “Store” will also include Apple Inc., which operates the Apple App Store, for that platform.

“Third-Party Resources or Tools”

Any materials, data, services, or software not created by us, such as open-source components.

Acceptance of the Terms

Please review these Terms of Service and our Privacy Policy (available within the App) carefully before using the Application. By installing the App, registering a user profile, or using the App, you agree to these Terms, which form a legally binding agreement between you and us. These Terms govern your use of the App, including its features, content, and services. If you do not accept these Terms, you must refrain from using the App.

Eligibility

You may use the App only if you are at least 13 years old (or the higher minimum age required in your jurisdiction) and are legally capable of entering into a binding agreement with us. If you are a minor above the applicable minimum age, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Purchases of subscriptions may be made only by persons with full legal capacity or with the consent of a parent or legal guardian.

Scope

Our Application, accessible on your mobile device, is designed to support personal language learning through tools and features such as recording words, playing learning games, and sharing words and translations among users.

Permitted educational use

Teachers, schools, tutors, and similar educators may use the App with their students for educational purposes, including creating and sharing word lists, collaborating on vocabulary, and using learning games in a classroom or tutoring context. Charging for teaching or tutoring services outside the App does not by itself make your use of the App forbidden, provided you comply with these Terms and do not engage in the prohibited commercial misuse described below.

Prohibited commercial misuse

You may not use the App as a commercial trading platform or otherwise for commercial exploitation of the App or its content. This includes, but is not limited to:

• Buying, selling, or trading words, translations, word lists, or any other content through the App for money or other commercial gain.
• Charging others specifically for access to ViaWords’ proprietary content or data (as opposed to charging for your own teaching or tutoring).
• Advertising or soliciting commercial products or services through sharing features or other in-App content.
• Scraping, bulk exporting, or harvesting App data for commercial products, datasets, or competing services.
• Reselling, sublicensing, white-labeling, or embedding the App or its content in another commercial product without our prior written consent.

Any attempt to conduct such activities or to use the App to facilitate them is strictly forbidden and may result in the suspension or termination of your account, as well as any other legal remedies available to us.

Intellectual Property

All content and materials within the App created by or for us are the property of the Application Administration or its licensors and are protected by applicable intellectual property laws. This includes, without limitation:

• Word databases, curated word lists, and related linguistic datasets.
• Translations, definitions, example sentences, and other linguistic metadata we provide.
• Images, pictures, audio, and other media associated with words that we provide.
• Software, user interface, graphics, logos, and branding.
• Materials generated through App features where we or our licensors own or license the output.

This does not include (a) content that you or other users upload to the App (see “Your Content” below), or (b) Third-Party Resources or Tools, including open-source components, which remain the property of their respective owners and may be subject to their own license terms.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal language learning and for permitted educational use as described in the “Scope” section. Except as expressly permitted by these Terms or by mandatory applicable law, you may not, without our prior written consent:

• Copy, reproduce, modify, distribute, publicly display, or create derivative works from our content or databases outside of normal use of the App’s features.
• Sell, license, sublicense, or otherwise commercially exploit our word-related data, translations, definitions, images, or other App materials.
• Reverse engineer, scrape, bulk extract, or otherwise harvest the App’s databases or proprietary content, except to the extent such restriction is prohibited by mandatory law.
• Remove or obscure any proprietary notices from the App or its content.

Your Content

You grant us an exclusive license to use any content you upload to the App (e.g., words, translations, or additional notes), including the right to modify, translate, copy, or remove it.

You represent and warrant that you own or have the necessary rights to Your Content and that its use in the App does not infringe the rights of any third party. Only educational and study-related content is permitted. We reserve the right to remove content that violates these Terms.

Content Guidelines

You must not upload or share any content through the App that is illegal, infringes on others’ rights, or violates these Terms. Specifically, you may not:

• Share content that could be seen as unsolicited, inappropriate, or harassing advertising, including offers for products or services.
• Use sharing features to buy, sell, or trade words, translations, word lists, or other content for money or other commercial gain, or to solicit commercial products or services.
• Post content that violates intellectual property rights, disrespects personal dignity, or includes threatening, intimidating, or exclusionary language.
• Distribute content that promotes racism, hatred, harm, harassment, sexual exploitation, violence, or offensive topics; solicits personal data from minors; poses privacy risks; shares others’ information without consent; requests passwords or personal details (especially for commercial or illegal purposes); sends spam; or encourages criminal activities.
• Upload content that is false, misleading, illegal, abusive, threatening, obscene, defamatory, or libelous.

Your Obligations

You agree to:

• Provide accurate and current information when creating your account and keep it up to date.
• Keep your account credentials confidential and notify us promptly of any unauthorized use of your account. You are responsible for activities carried out under your account.
• Use the App only for lawful purposes and in accordance with these Terms, including the permitted educational use and prohibited commercial misuse described in the “Scope” section.
• Ensure your devices and the App remain updated, as outdated versions may result in improper functionality or complete inoperability.
• Not attempt to gain unauthorized access to the App, interfere with its operation, or circumvent its security or technical restrictions.

Fees and Payment

Free Version

The basic version of the App is available at no cost but offers limited features.

Premium Features

Access to Premium Features requires a paid subscription. You can view the current subscription pricing, along with details on the scope of Premium Features, subscription duration, and other relevant information, directly within the App.

Purchases are processed by the Store (currently Google Play Billing). The Store is the merchant of record for the transaction and is responsible for collecting and remitting any applicable VAT or similar taxes in accordance with its terms and the information shown at checkout. We do not separately charge or collect VAT for Store purchases. When an iOS version is available, the same applies to purchases made through the Apple App Store under Apple’s terms.

Subscription Order

You can purchase a subscription directly through the App. By selecting the subscription option, you consent to using remote communication methods and confirm that your contact information is accurate. Ordering a subscription commits you to pay the stated price.

Payment Methods

Payments are handled through the Google Play payment system (Google Play Billing). Please note that these transactions are subject to the Store’s separate terms and conditions. If an iOS version is published, payments on that platform will be handled through the Apple App Store’s payment system under Apple’s terms.

Immediate Access to Services

By paying the subscription fee, you request immediate access to the Premium Features before any withdrawal period expires. We will activate these features for the selected subscription period upon confirmation of your payment.

Automatic Renewal

Unless you cancel before the end of the current subscription period, your subscription renews automatically, and the subscription fee will be charged at the then-current price using your registered payment method on the first day of each new subscription period. If the payment fails, the Premium Features will be disabled.

Subscription Cancellation

Because subscriptions are billed through the Store, you can cancel your subscription at any time through your Store account settings (currently, the Google Play subscription settings on your device or at play.google.com). Cancellation takes effect at the end of the current subscription period, and you retain access to Premium Features until then. Deleting the App or your account does not by itself cancel your subscription.

Refunds

Refunds for purchases made through the Store are governed by the Store’s refund policies, without prejudice to any mandatory rights you have under applicable consumer protection law.

Late Payment

If a payment due to us is not made on time, we may suspend your access to Premium Features until all overdue amounts are settled, without incurring any liability to you.

Chargeback

We reserve the right to suspend your access to Premium Features immediately if we receive a chargeback notice. A chargeback (i.e., contacting your bank or payment provider to dispute a charge related to the App) initiated without a legitimate basis constitutes a breach of your payment obligations. We may contest any chargeback and, if we reasonably determine it to be abusive or fraudulent, may restrict your future access to the App. This section does not limit your right to dispute charges you believe in good faith to be erroneous or unauthorized.

Suspension or Termination

We may suspend or terminate your User account and access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation under the following circumstances:

• We receive a judicial or governmental request or order requiring such action, or we become aware of a new or modified law, regulation, or decision that would render any part of our services unlawful.
• You fail to comply with these Terms, use the App beyond the granted rights, or engage in unauthorized purposes, including any fraudulent or illegal activities.
• You do not pay subscription fees when due, or we receive a chargeback notice.

Upon termination, your right to use the Service ceases immediately.

You can terminate your User account at any time directly in the App’s settings.

Third-Party Resource Redirection

The App may redirect you to third-party resources, such as Google Translate, Reverso, and DeepL, for additional language support or translation services. Please be aware that we do not control or endorse these external resources and are not responsible for their content, functionality, data practices, or any issues that may arise from their use. We recommend reviewing the privacy policies and terms of these third-party services directly.

Third-Party Tools

We use certain third-party tools to provide and enhance your App experience, including:

• Google Firebase services (including Authentication, Firestore, Cloud Functions, Remote Config, App Check, Analytics, Crashlytics, and Firebase AI / Gemini).
• Google Play Billing.
• Google AdMob and Google User Messaging Platform (UMP) for ads and consent.
• Facebook SDK (login support is planned and may not be fully enabled at all times).
• Google Play services features such as In-App Review and In-App Update.
• Locally on your device: the App may use an on-device database, system text-to-speech and spell-checking services, and local notifications.

We are not responsible for the performance of third-party tools or any issues arising from them. Please make sure you familiarize yourself with the corresponding documentation (including terms of use, privacy policies, and/or cookie policies) before using the Service.

Disclaimers

Responsibility for Shared Content

We are not responsible for the words or translations shared with you by other users, including your teacher or anyone else. The App facilitates sharing for educational purposes, but the accuracy, appropriateness, and quality of such content are the sole responsibility of the user who shared it.

Language and Translation Disclaimer

If you are using the App in a language other than English, please note that the translation of the App into other languages may have been performed using artificial intelligence or other automated methods. We are not responsible for any inaccuracies, potential errors, or culturally inappropriate or unintentionally offensive phrasing that may result from these translations. Our intention is not to offend anyone, and any such instances are unintentional. We apologize for any inconvenience and encourage you to contact us if you encounter issues related to translations.

Disclaimer on AI Responses

Where the App uses artificial intelligence to provide responses or assistance, please note that we do not assume responsibility for the accuracy, completeness, or appropriateness of these AI-generated outputs. The AI is designed to support your language learning experience, but its responses may occasionally contain errors or unintended content. We are committed to improving the technology, and any inaccuracies are unintentional.

Responsibility for Unauthorized Modifications

We are not liable for any data loss or damage arising from unauthorized modifications to the App, including but not limited to manipulating the device time while using the App or engaging in actions not permitted under these Terms. Any such activities are at your own risk and responsibility.

Modifications to the Service

We reserve the right to modify, suspend, or discontinue any services or features within the App (or any part thereof), either temporarily or permanently, with or without prior notice. You agree that we shall not be liable to you or any third party for any such changes, suspensions, or discontinuations.

Governing Law and Jurisdiction

These Terms are governed by the laws of Ukraine. Any disputes arising out of or in connection with these Terms will be resolved by the competent courts of Ukraine.

Limitation of Liability

The App is provided “as is” and “as available,” without warranties of any kind, whether express or implied, to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of, or inability to use, the App.

Indemnification

You agree to indemnify and hold us harmless from and against any claims, damages, losses, and reasonable expenses (including reasonable legal fees) arising out of your violation of these Terms, your unlawful use of the App, or your infringement of any third-party rights, except to the extent caused by our own breach or fault. This section does not apply to the extent prohibited by mandatory consumer protection law in your country of residence.

Force Majeure

We are not liable for delays or failures in performance due to events beyond our reasonable control, such as natural disasters, war, acts of public authorities, or failures of networks, hosting, or other technical infrastructure operated by third parties.

Export Compliance

You agree to comply with all applicable export control and sanctions laws, including U.S. regulations, in connection with your use of the App.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law, provided that your rights under these Terms are not materially reduced.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Contact Information

For questions, requests, and other inquiries, contact us at: [email protected].

Changes to These Terms

We may modify these Terms at our discretion and will notify you by updating the Terms within the App and indicating the date of the latest revision; Your continued use of the App after such updates signifies your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may cancel any active subscription as described in these Terms. You are fully responsible for any violation of these Terms and any resulting consequences, including any harm or loss to us.