Terms of Service (EULA)

1. Introduction and Acceptance

Welcome to Kanjidon! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Davide Moscato ("Company," "we," "us," or "our") governing your access to and use of the Kanjidon mobile application ("App" or "Service").

By downloading, installing, accessing, or using Kanjidon, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App.

2. Eligibility

2.1 Age Requirements

• Minimum Age: You must be at least 13 years old to use Kanjidon
• Parental Consent: Users between 13 and 16 years old in the EU/EEA (or the age of majority in their jurisdiction) must have parental or guardian consent to use the App
• COPPA Compliance: We do not knowingly collect personal information from children under 13

2.2 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information is accurate and up-to-date

3. License Grant

3.1 Limited License

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

• Download and install the App on your personal mobile device(s)
• Access and use the App for your personal, non-commercial educational purposes

3.2 Restrictions

You may NOT:

• Copy, modify, adapt, translate, or create derivative works of the App
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Sell, rent, lease, sublicense, distribute, or transfer the App to third parties
• Use the App for any commercial purpose without our prior written consent
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated systems or bots to access the App
• Circumvent any technological measures designed to control access to the App

4. Subscription and Payments

4.1 Free and Premium Tiers

Kanjidon offers:

• Free Tier: Access to basic features including limited daily pack openings and the "Decidi" quiz mode
• Kanjidon Pass (Premium): Full access to all features, unlimited quizzes, extra cards per pack, grammar lessons, and ad-free experience

4.2 Subscription Pricing

Kanjidon Pass is available as a monthly or annual subscription. Current pricing is always displayed in the App before purchase and may vary by region.

4.3 Free Trial

• New users may be eligible for a 7-day free trial of Kanjidon Pass
• The trial begins when you subscribe and requires a valid payment method
• If you do not cancel before the trial ends, you will be automatically charged
• Only one free trial per user/account

4.4 Billing and Renewal

• Subscriptions are processed through Apple App Store or Google Play Store
• Payment will be charged to your App Store/Play Store account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off 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

4.5 Cancellation

To cancel your subscription:

• iOS: Go to Settings → [Your Name] → Subscriptions → Kanjidon → Cancel Subscription
• Android: Go to Play Store → Subscriptions → Kanjidon → Cancel

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until then.

4.6 EU Right of Withdrawal

For users in the European Union:

• You have a 14-day right of withdrawal from the date of purchase
• To exercise this right, contact us at info@kanjidon.com with your purchase details
• This right does not apply if you have already accessed and used the digital content
• By starting to use the subscription immediately, you acknowledge that you waive the right of withdrawal

4.7 Refunds

• Refund requests are handled by Apple or Google according to their respective policies
• For iOS: Visit reportaproblem.apple.com
• For Android: Visit support.google.com/googleplay
• We do not have direct access to process refunds for App Store/Play Store purchases

5. User Conduct

5.1 Acceptable Use

You agree to use Kanjidon only for lawful purposes and in accordance with these Terms. You will:

• Respect other users and their learning experience
• Use your real identity or a reasonable pseudonym
• Report violations and inappropriate behavior through in-app tools
• Follow our Community Guidelines at all times

5.2 Prohibited Conduct

You may NOT:

• Harass, bully, threaten, or intimidate other users
• Post or share offensive, obscene, or inappropriate content
• Use usernames or avatars that are offensive, discriminatory, or impersonate others
• Cheat, exploit bugs, or use unfair advantages in battles or leaderboards
• Create multiple accounts to circumvent restrictions or manipulate rankings
• Spam, advertise, or solicit other users
• Attempt to access other users' accounts or data
• Interfere with or disrupt the App's functionality or servers
• Use the App to transmit viruses, malware, or harmful code

5.3 Consequences of Violations

Violations may result in:

• Warning: First-time minor violations
• Temporary Suspension: Repeated or moderate violations (7-30 days)
• Permanent Ban: Severe violations or repeat offenders
• Legal Action: Where appropriate for serious violations

We reserve the right to remove content and suspend or terminate accounts at our sole discretion.

6. Intellectual Property

6.1 Our Ownership

All rights, title, and interest in and to the App, including but not limited to:

• The Kanjidon name, logo, and branding
• App design, user interface, and user experience
• Software code, algorithms, and architecture
• Educational content, kanji data, and translations
• Card designs, avatars, stamps, and visual assets
• Audio files and text-to-speech implementations

...are and shall remain the exclusive property of Davide Moscato and/or its licensors.

6.2 User Content

By submitting content (such as usernames, avatars, or support messages) to Kanjidon, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating and improving the Service.

6.3 Trademarks

"Kanjidon," "Tama," "Kanjidon Pass," and related logos are trademarks of Davide Moscato. JLPT is a trademark of the Japan Foundation and Japan Educational Exchanges and Services. We are not affiliated with or endorsed by these organizations.

7. Third-Party Services

Kanjidon integrates with third-party services, including:

• Apple App Store / Google Play Store: For distribution and payments
• Supabase: For backend services and data storage
• Google Services: For authentication, analytics, and text-to-speech
• Apple Services: For authentication and in-app purchases
• Firebase: For push notifications and crash reporting

Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services or their practices.

8. Disclaimers

8.1 "As Is" Provision

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

8.2 No Guarantee of Results

We do not guarantee that:

• Using Kanjidon will result in learning Japanese or passing the JLPT
• The App will be uninterrupted, error-free, or completely secure
• All content is accurate, complete, or up-to-date
• The App will be compatible with all devices or operating systems

8.3 Educational Purpose

Kanjidon is a supplementary educational tool. It should not be your sole method of Japanese language study. We recommend combining Kanjidon with other learning resources, formal education, and practice with native speakers.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL DAVIDE MOSCATO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE)

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Davide Moscato and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the App

11. Termination

11.1 Your Right to Terminate

You may stop using the App at any time by:

• Deleting the App from your device(s)
• Deleting your account through the in-app settings or by contacting us
• Canceling any active subscriptions

11.2 Our Right to Terminate

We may suspend or terminate your access to the App:

• For violation of these Terms or Community Guidelines
• If required by law or legal process
• To protect the safety or security of users or the App
• At our sole discretion with or without notice

11.3 Effect of Termination

Upon termination:

• Your license to use the App is immediately revoked
• You must delete all copies of the App from your devices
• We may delete your account data according to our Privacy Policy
• No refunds will be provided for unused subscription periods (except as required by law)

12. Modifications to Terms

• We may update these Terms from time to time
• We will notify you of material changes via email or in-app notification
• Changes take effect 30 days after notification, unless otherwise specified
• Your continued use of the App after changes constitutes acceptance
• If you do not agree to changes, you must stop using the App and delete your account

13. Governing Law and Jurisdiction

13.1 Applicable Law

These Terms are governed by the laws of Italy, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Milan, Italy.

13.3 EU Consumer Rights

If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence. Nothing in these Terms affects your statutory rights as a consumer under EU law.

13.4 Alternative Dispute Resolution

EU residents may use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the App.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

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

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, or internet service failures.