Terms of Service

Last updated: May 2, 2024

Welcome to Amy. Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our language learning services, accessible via our mobile device applications with the App Names "Amy", "Learn English with Amy" and "Amy Tutor". These apps are referred collectively as the "Apps" in the Terms. To make these Terms easier to read, our services and Apps are collectively called the "Services."

Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to these Terms and our Privacy Policy, do not use the Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Apps or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Apps, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Description of Service

The Services allow users to practice using a foreign language and to receive educational feedback. The Services use artificial intelligence (AI) to generate responses. While the responses and educational feedback are usually highly accurate, AI can occasionally make mistakes. Therefore, users should not rely solely on the Services as the definitive guide to language usage. The Services are not liable for possible mistakes and consequences of those mistakes.

Amy uses OpenAi. Therefore, as an Amy user, you also agree to all sections of OpenAI's terms, except for Paid Accounts and any clauses related to OpenAi's Paid Accounts. If you are a paid subscriber to Amy, your subscription is to Amy and not to OpenAi. Refer to OpenAI's terms here: https://openai.com/policies/terms-of-use

Subscription

Paid subscriptions to the Services are handled by the Apple App Store. Therefore, all issues related to subscriptions, payments, taxes and refunds are governed by the Apple Media Services Terms and Conditions. Refer to Apple's Terms here: https://www.apple.com/legal/internet-services/itunes/

Who May Use the Services

You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services.

General Prohibitions and Amy's Enforcement Rights

You agree not to do any of the following: Post, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Services or any individual element within the Services, Amy's name, any Amy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Amy's express written consent;

Access, tamper with, or use non-public areas of the Services, Amy's computer systems, or the technical delivery systems of Amy's providers;

Attempt to probe, scan or test the vulnerability of any Amy system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Amy or any of Amy's providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Amy or other generally available third-party web browsers;

Use any meta tags or other hidden text or metadata utilizing a Amy trademark, logo URL or product name without Amy's express written consent;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at admin@amyapp.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Content and Content Rights

For purposes of these Terms: (a) "Content" means text, audio, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility, and Removal

Amy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Amy and any licensors, exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted By You

By making any User Content available through Services you hereby grant to Amy a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, display and distribute your User Content in connection with operating and providing the Services and Content to you.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Amy on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of privacy, or result in the violation of any applicable law or regulation.

Rights in Content Granted By Amy

Subject to your compliance with these Terms, Amy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, display, stream, and download the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in Apps Granted by Amy

Subject to your compliance with these Terms, Amy grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. You may not copy the Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (c) reverse engineer, decompile or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. Amy reserves all rights in and to the Apps not expressly granted to you under these Terms.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this sentence of Termination.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER AMY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Dispute Resolution

If you have any dispute about the Services, you agree to first try to resolve the dispute through mediation or informally.