KUBA ENGLISH TERMS OF SERVICE
Please read these Terms of Service (the “Terms”), our Privacy Policy available at https://kubaenglish.com, and all other documents referred to in the Terms carefully. By downloading, installing or using the App, or by clicking to agree to the Terms of Service when this option is made available to You, You enter into a binding agreement with the Provider (the “Agreement”) which includes and incorporates these Terms. If You do not agree to the Terms, You must not access or use the App or the Services.
1. DEFINITIONS
1.1. “Activity Materials” means any texts, prompts, questions, responses, exercises, translations, examples, explanations and other materials that are generated, suggested or otherwise provided by the Provider or on its behalf through the Services, including by means of AI Features.
1.2. “AI Features” means those parts of the Services that use generative artificial intelligence or similar technologies to generate, transform or suggest content in response to User inputs.
1.3. “Affiliate” of a person means any person that directly or indirectly controls, is controlled by, or is under common control with such person. For this purpose, “control” means the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.
1.4. “App” means the mobile application named Kuba English, made available for download via the Apple App Store or Google Play Store.
1.5. “Kuba English”, the “Provider” or “We” means JAIK s.r.o., with registered office at Primátorská 296/38, Libeň, 180 00 Praha 8, Czech Republic, ID number: 21536112, incorporated under the laws of the Czech Republic and registered with the Municipal Court in Prague under file no. C 435849.
1.6. “Chargeback” means contacting a bank or credit/debit card provider and rejecting, cancelling or contesting the charge of any amount payable in connection with the use of the Services.
1.7. “Documentation” means all texts, descriptions, FAQs and other materials made available at https://kubaenglish.com (or another website notified by the Provider) which describe the features or use of the App and/or the Services.
1.8. “Resultant Data” means data and information related to the use and performance of the App or the Services by the User, which the Provider collects, generates or derives in connection with operating the App or the Services (such as technical logs, usage statistics and performance metrics). Resultant Data does not include User Data.
1.9. “Subscription” means paid access to the Services acquired by the User in accordance with these Terms.
1.10. “Services” means the language-learning and related services provided by the Provider via the App (and, where applicable, via the Provider’s website), including any features, content and AI Features made available as part of such services from time to time.
1.11. “Subscription start date” means the date on which the User purchases or otherwise activates a Subscription.
1.12. “Third-Party Materials” means any materials, documents, data, products, services, software or other content that are not created or owned by the Provider, including open-source software and third-party AI models or services.
1.13. “You” or the “User” means you as a user of the App or the Services. Where You accept these Terms on behalf of a company or other legal entity, “You” and “User” also refer to that entity, and You represent that You are authorized to bind that entity.
1.14. “User Data” means data, instructions, materials and other content that is provided by the User, or that the Provider receives from or on behalf of the User, by or through the App or the Services. User Data does not include Resultant Data or Activity Materials.
2. LICENSE AND ACCESS TO SERVICES
2.1. Eligibility. You may use the Services only if You (a) are able to form a binding contract with the Provider under the laws of Your country of residence and (b) are at least the minimum age required to consent to the processing of personal data in Your country of residence. If You are under the age of majority in Your jurisdiction, You may use the Services only with the consent and under the supervision of a parent or legal guardian. Parents and legal guardians are responsible for the acts of their children when using the Services.
2.2. Account registration and security. In order to access certain features of the Services, You may be required to register an account. You may also be offered the option to log in via a third-party service (such as a social network). You must provide accurate and complete information when creating Your account and keep it up to date. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account. You must promptly notify the Provider at hello@kubaenglish.com of any unauthorized use of Your account or any other breach of security. The Provider is not liable for any loss or damage arising from Your failure to comply with this Section 2.2.
2.3. License grant to the App. Subject to Your continued compliance with these Terms and payment of applicable fees, Kuba English grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App and access the Services for Your internal, non-commercial purposes. If You obtained the App via the Apple App Store, Your right to use the App is further limited to Apple-branded devices that You own or control and is subject to the usage rules set out in the Apple Media Services Terms and Conditions. If You obtained the App via Google Play, Your right to use the App is also subject to Google’s applicable terms and policies for apps distributed via Google Play. You are solely responsible for obtaining and maintaining any devices, equipment, operating systems, software, internet connection and data plan required to access and use the App and the Services. Kuba English is not responsible for any defects, failures or delays caused by Your telecommunications services, internet connection or device configuration, and does not provide any telecommunications services.
2.4. Third-Party Materials. The Services may contain or provide access to Third-Party Materials. Your use of Third-Party Materials may be subject to additional terms and conditions imposed by the relevant third party. You are responsible for complying with all such third-party terms. Kuba English does not control and is not responsible for Third-Party Materials.
2.5. License restrictions. You may not access or use the App or Services except as expressly permitted under these Terms and, for any Third-Party Materials, the relevant third-party license terms. Without limiting the foregoing, You shall not, and shall not permit any third party to:
a) rent, lease, lend, sublicense, sell, assign, distribute, publish, transfer, time-share, or otherwise commercially exploit the App or Services, except as expressly permitted in writing by the Provider;
b) copy, modify, adapt, translate, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to the source code of the App or any part of the Services, except to the limited extent that applicable law expressly permits despite this restriction;
c) share a Subscription, account, login credentials or access to the Services with any other person, allow multiple individuals to use the same Subscription or account, or otherwise circumvent or attempt to circumvent any technical or licensing restrictions of the Services;
d) bypass, disable, compromise or otherwise interfere with any security-related or access-control features of the App or Services, or attempt to gain unauthorized access to the App, Services, systems, networks or data of the Provider or any third party;
e) upload, transmit or otherwise provide to or through the App any User Data or other materials that: (i) contain unsolicited or unauthorized advertising or spam, (ii) are unlawful, defamatory, obscene or otherwise objectionable, or (iii) contain or activate any harmful code, including malware, viruses, worms, Trojan horses or any other technology designed or intended to disrupt, damage, gain unauthorized access to, or otherwise harm any software, hardware, network, data or service;
f) damage, interfere with or otherwise adversely affect the operation or performance of the App or Services, or any servers or networks connected to the Services, including by excessive automated requests or other abusive use; or
g) access or use the App or Services in any manner or for any purpose that infringes any intellectual property right, privacy right or other right of any person, or that violates any applicable law or regulation.
2.6. Changes to the App and Services. The Provider may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise change the App or Services (“Updates”). You may need to install or accept Updates in order to continue using the App or Services. The Provider may modify, suspend or discontinue certain features, content or functionalities of the App or Services where reasonably necessary for technical, security, legal or business reasons. Where practicable and appropriate, the Provider will notify You in advance of any material change. Unless otherwise expressly agreed, these Terms will apply to any Updates and modified versions of the App and Services.
2.7. Sanctions and export control. The Services are not offered to, and may not be accessed or used by, any person who is the subject of sanctions, or who resides in, is located in, or will access the Services from a country or region where such access is prohibited under applicable sanctions or export control laws. By using the Services, You represent and warrant that You meet these requirements. If You do not meet these requirements, You must not access or use the Services. The Provider reserves the right to limit the availability of the Services to any person, entity, geographic area or jurisdiction at any time to comply with applicable law or for risk-management reasons.
2.8. Suspension and termination of access. Without prejudice to any other rights it may have, Kuba English may suspend, terminate or otherwise restrict Your access to all or part of the Services, without incurring any liability to You, if:
a) the Provider receives a court order, governmental request or other binding order requiring it to do so, or becomes aware of a change in law, regulation or binding interpretation that makes the performance of any part of the Agreement unlawful or otherwise prohibited;
b) the Provider reasonably believes that any User has breached these Terms, has used the Services beyond the scope of the rights granted herein, or has been or is likely to be involved in fraudulent, abusive or unlawful activities in connection with the Services; or
c) You fail to pay the applicable fees when due or the Provider receives a Chargeback in respect of any amounts due in connection with the Services.
Where reasonably practicable, the Provider will notify You of a suspension or termination and the reasons for it. Nothing in this Section 2.8 limits the Provider’s right to terminate the Agreement in accordance with applicable law or other provisions of these Terms.
3. SUBSCRIPTION, FEES AND PAYMENT
3.1. Subscription required. To access and use the Services in the App, You must have an active Subscription. A Subscription may be purchased via Our website using the payment methods made available there (e.g. Stripe, RevenueCat), or via the App through the Apple App Store or Google Play Store. The Subscription is personal to You and is subject to these Terms.
3.2. Free trial. From time to time, We may offer a free trial of the Subscription. Purchases made via Our Website are not eligible for this free trial unless We explicitly state otherwise at the time of purchase. At the end of the free trial, Your Subscription will automatically convert into a paid Subscription at the then-current standard Subscription fee, unless You cancel the Subscription before the trial period ends. You may cancel a trial Subscription at any time before the end of the trial period in Your relevant app store account settings. We may change or discontinue any free trial at any time.
3.3. Term, renewal and cancellation. Subscriptions are offered on a monthly or annual basis (or other period as indicated at the time of purchase). Your Subscription starts on the Subscription start date and will automatically renew for consecutive periods of the same length under the then-current conditions, unless and until canceled. If You purchased the Subscription via the Apple App Store or Google Play Store, You must manage and cancel Your Subscription directly in the relevant app store account settings. Deleting the App does not cancel the Subscription. If You purchased the Subscription via Our Website, You may cancel at any time through Your user account (if available) or by contacting Us at hello@kubaenglish.com. Cancellation takes effect at the end of the then-current paid Subscription period. You will continue to have access to the Services until the end of that period, and fees already paid for that period remain due and are non-refundable, except where mandatory law provides otherwise.
3.4. Fees and price changes. You shall pay the applicable Subscription fees in accordance with the price list that is effective at the time You submit Your order. Your obligation to pay the fees is not dependent on Your actual use of the Services; non-use of the Services does not entitle You to any refund or reduction of fees. We may change the Subscription fees or introduce new fees. Any fee change will apply from the next Subscription period. We will notify You of any fee change at least thirty (30) days in advance, for example by email, via the App, on Our Website and/or via the relevant app store. If You do not agree with a fee change, You may cancel Your Subscription before the fee change takes effect. Continued use of the Services after the fee change becomes effective constitutes Your acceptance of the new fees.
3.5. Payments and taxes. Payments for Subscriptions purchased via Our Website are processed by Our payment partners such as Stripe or RevenueCat. Payments for Subscriptions purchased via the App are processed by Apple or Google, and in that case billing and refund matters are governed in part by the applicable store’s terms. You must provide accurate and complete billing information and keep it up to date. If automatic billing fails, We may request that You complete the payment within a specified period. All fees are exclusive of VAT and other applicable taxes, unless We expressly state otherwise. You are responsible for paying any VAT, sales, use or similar taxes that apply to Your Subscription, except for taxes based on Our income.
3.6. Refunds. Unless explicitly stated otherwise in these Terms or required by mandatory law, all fees are non-cancellable and non-refundable. This applies in particular to partially used Subscription periods and to periods for which access has already been provided. If You purchased the Subscription via the Apple App Store or Google Play Store, any request for a refund must be submitted directly to the relevant store and will be handled according to that store’s refund policy. We do not control and are not responsible for decisions made by the app stores in relation to refunds. This Section 3.6 does not affect any statutory rights You may have as a consumer, including any right of withdrawal or rights in case of defective performance, to the extent such rights cannot be excluded by contract.
3.7. Chargebacks. A Chargeback will be considered a breach of Your payment obligations under the Agreement. Upon receiving notice of a Chargeback, We may immediately suspend or restrict Your access to the Services.
4. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS
4.1. Mutual representations. The Provider represents that it is duly organized under the laws of the Czech Republic and has the authority to enter into and perform the Agreement. You represent and warrant that You have the legal capacity to enter into the Agreement. If You enter into the Agreement on behalf of a company or other entity, You represent and warrant that You have the authority to bind that entity, and “You” and “User” shall refer to that entity.
4.2. User warranties regarding User Data. You represent and warrant to the Provider that You have and will maintain all rights, licenses and consents necessary for the Provider to receive, store and process User Data in accordance with the Agreement, and that such processing will not infringe, misappropriate or otherwise violate any intellectual property rights, privacy rights or other rights of any third party, nor violate any applicable law.
4.3. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY RESULTS OF THEIR USE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE OR OPERATE WITHOUT INTERRUPTION, BE COMPATIBLE WITH ANY PARTICULAR DEVICE, SOFTWARE OR SERVICE, OR BE SECURE, ACCURATE, ERROR-FREE OR FREE OF HARMFUL CODE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS”, AND ANY REPRESENTATION OR WARRANTY REGARDING THIRD-PARTY MATERIALS IS SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. THE SERVICES DO NOT REPLACE THE NEED FOR YOU TO MAINTAIN REGULAR BACKUPS OR REDUNDANT COPIES OF YOUR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF USER DATA.
IF YOU ARE A CONSUMER, NOTHING IN THIS SECTION 4.3 EXCLUDES OR LIMITS ANY WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE CONSUMER LAW.
5. INDEMNIFICATION
5.1. User indemnification. You shall indemnify, defend and hold harmless the Provider, its Affiliates, and their respective officers, directors, employees and agents from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of enforcing this indemnity) arising out of or in connection with any third-party claim to the extent such claim results from or relates to: (a) User Data, including any processing of User Data by or on behalf of the Provider in accordance with the Agreement; (b) Your breach of the Agreement, including any representation, warranty or obligation under the Agreement; or (c) any negligence or more culpable act or omission (including recklessness or willful misconduct) by You or by a third party acting on Your behalf in connection with the Services.
5.2. Indemnification procedure. The Provider will promptly notify the User in writing of any claim for which the Provider seeks indemnification under Section 5.1. Any delay in notification will not relieve the User of its indemnification obligations.
6. LIMITATION OF LIABILITY
6.1. Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THE AGREEMENT, THE APP OR THE SERVICES, UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT – INCLUDING NEGLIGENCE – STRICT LIABILITY OR OTHERWISE) FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE, OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY (EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW); (d) COST OF SUBSTITUTE GOODS OR SERVICES; OR (e) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES. IN EACH CASE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SUCH LOSSES WERE OTHERWISE FORESEEABLE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6.2. Use of generative AI. Certain parts of the Services may include features that use generative artificial intelligence (“AI Features”). AI Features may generate or suggest texts, translations, explanations, examples, exercises or other content in response to Your inputs. Any prompts, questions or other content You submit to AI Features constitute User Data. Any content generated or suggested by AI Features (including modifications of Your User Data) forms part of the Activity Materials and is owned by the Provider (or its licensors). Subject to these Terms and Your active Subscription, the Provider grants You a limited license to use such Activity Materials together with the Services for Your personal learning and internal purposes only. You must not use Activity Materials to develop or train any AI models, or for any purpose that competes with the Services.
6.3. No advice; do not rely on outputs as sole source. AI Features are intended to support language learning and practice only. They do not provide medical, psychological, therapeutic, crisis-related, legal, financial or other professional advice, diagnosis or treatment. Outputs from AI Features may be incomplete, inaccurate or misleading and may not reflect the most current information. You must not rely on AI outputs as a sole factual source and remain responsible for independently verifying any important information before You act on it. You use AI Features and any outputs they provide entirely at Your own risk and discretion. AI Features are not designed or intended to detect, assess, prevent or respond to emergencies, self-harm, suicidal ideation, violence or other harmful behaviour, and the Provider does not monitor AI interactions for such purposes. No “duty of care” is assumed or created in connection with Your use of AI Features. If You believe You or someone else may be in immediate danger or needs urgent help, contact your local emergency number immediately and seek professional assistance. The Provider may use third-party AI models or services to provide AI Features. Such third-party services are Third-Party Materials. While the Provider selects its AI providers with care, it does not control how such models operate internally and is not responsible for any limitations, inaccuracies or biases inherent in the models, subject to mandatory law.
6.4. Cap on monetary liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECTIVE AGGREGATE LIABILITY OF THE PROVIDER AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE APP OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL IN NO EVENT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE PROVIDER UNDER THE AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED (100) USD (OR EQUIVALENT IN LOCAL CURRENCY). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6.5. Non-excludable liability and consumer rights. Nothing in these Terms is intended to exclude or limit any liability which cannot be excluded or limited under applicable law. In particular, nothing in the Agreement will exclude or limit liability for: (a) death or personal injury caused by the Provider’s negligence; (b) loss or damage resulting from the Provider’s willful misconduct or gross negligence; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited under applicable law.
If You are a consumer, nothing in these Terms affects any statutory rights You may have under mandatory consumer protection laws, which apply in addition to and, in the event of conflict, prevail over these contractual limitations.
7. TERM AND TERMINATION
7.1. Term of the Agreement and Subscriptions. The Agreement is concluded for an indefinite period of time and remains in force until terminated in accordance with this Section 7. Termination or expiration of the Agreement automatically results in termination of any then-current Subscription and in loss of access to paid Services. Each Subscription term commences on the Subscription start date and, unless terminated earlier in accordance with the express provisions of the Agreement, will continue for the Subscription period selected at the time of purchase (e.g. monthly or annual). Subject to Section 3 (Subscription, Fees and Payment), each Subscription term will automatically renew for successive periods of the same length as the previous one unless the Subscription is cancelled or non-renewed in accordance with the Agreement. Each renewal term is subject to payment of the relevant fees. Expiration or cancellation of a Subscription in accordance with Section 3 does not by itself terminate the Agreement. After Your Subscription ends, You may continue to keep the App installed and may continue to use any free or non-subscription features of the Services (if and as made available by the Provider from time to time), but You will no longer have access to paid Services.
7.2. Termination of the Agreement. In addition to any other express termination rights set forth in the Agreement:
a) Either party may terminate the Agreement with effect from written notice to the other party if the other party materially breaches the Agreement and such breach: (i) is incapable of cure; or (ii) remains uncured thirty (30) days after the non-breaching party has provided the breaching party with written notice describing the breach.
b) The Provider may terminate the Agreement with immediate effect by written notice to the User if the User: (i) fails to pay any amount when due under the Agreement and does not remedy such failure within a reasonable period after being requested to do so; (ii) breaches any obligations or restrictions set out in Sections 2 (License and Access), 3 (Subscription, Fees and Payment) or any other material provision of the Agreement; or (iii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any bankruptcy or insolvency law, makes or seeks to make a general assignment for the benefit of its creditors, or has a receiver, trustee, custodian or similar officer appointed over a material portion of its property or business.
7.3. Effect of expiration or termination of the Agreement. Upon expiration or termination of the Agreement for any reason, except as expressly provided otherwise in the Agreement:
a) All rights and licenses granted by the Provider to the User under the Agreement, including any Subscription and any right to access paid Services, will immediately terminate. The App may remain installed on Your device, but You will no longer be entitled to access or use the Services (except to the extent we are required by mandatory law to allow limited access).
b) The Provider may disable the User’s access to the Services and may permanently close any related accounts within a reasonable period.
c) The Provider may destroy or permanently erase all User Data that it holds, subject to any mandatory legal retention requirements; for clarity, this obligation does not apply to any Resultant Data, which the Provider may continue to use in accordance with the Agreement.
d) The User shall immediately cease all use of the Services and, upon the Provider’s request, delete or destroy any copies of the Documentation or other materials provided under the Agreement that are not embedded in the App.
e) If the User terminates the Agreement pursuant to Section 7.2(a) due to the Provider’s uncured material breach, the User will be relieved of the obligation to pay Subscription fees attributable to the period after the effective date of such termination. In all other cases, all fees that would have become payable had the Agreement remained in effect until expiration of the then-current Subscription term will become immediately due and payable, and the User shall pay such fees together with all previously accrued but unpaid fees. If the Provider is unable to charge such amounts to the payment method last selected by the User, the User shall pay the amount upon receipt of the Provider’s invoice.
7.4. Survival. Any provisions of the Agreement that by their nature should survive expiration or termination (including, without limitation, provisions relating to fees and payment obligations accrued before termination, intellectual property, confidentiality, disclaimers, indemnification and limitations of liability) will survive any expiration or termination of the Agreement.
8. PLATFORM TERMS (APPLE APP STORE AND GOOGLE PLAY)
8.1. Relationship with Apple and Google. The App may be made available for download through the Apple App Store and Google Play (together, the “Platforms”). These Terms (including any end-user licence they contain) are concluded solely between You and the Provider, and not with Apple or Google. The Provider, not Apple or Google, is solely responsible for the App and the content thereof. These Terms may not provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions, the Google Play Terms of Service or other applicable Platform terms that cannot be modified by agreement. In the event of any conflict between such non-modifiable Platform terms and these Terms, the relevant Platform terms shall prevail.
8.2. Scope of licence on Apple and Google. If You obtained the App via the Apple App Store, the licence granted to You by the Provider is limited to a non-transferable licence to use the App on any Apple-branded product that You own or control, and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing, volume purchasing or similar functionality. If You obtained the App via Google Play, You may use the App only on Android devices that You own or control and in accordance with the applicable Google Play terms and policies. When using the App, You must also comply with any applicable third-party terms of agreement that are necessary for the App to function (for example, the terms of Your internet or mobile data provider).
8.3. Maintenance and support. The Provider is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required by applicable law. You and the Provider acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.
8.4. Warranty and refunds via Apple App Store. To the extent that the Provider does not effectively disclaim any warranties under these Terms or applicable law, the Provider is solely responsible for any product warranties in relation to the App. In the event of any failure of the App to conform to any applicable warranty and where You obtained the App (or paid any purchase price or subscription fee for the App or related digital content) via the Apple App Store, You may notify Apple, and Apple may refund the purchase price or applicable fees paid through the Apple App Store to You in accordance with its policies. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of the Provider.
8.5. Product claims. You and the Provider acknowledge that the Provider, not Apple or Google, is responsible for addressing any claims of You or any third party relating to the App or Your possession or use of the App, including, without limitation: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with any use of HealthKit, HomeKit or similar frameworks or interfaces, if and to the extent used by the App. These Terms do not limit the Provider’s liability to You beyond what is permitted by applicable law.
8.6. Intellectual property claims. You and the Provider acknowledge that, in the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, the Provider, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
8.7. Legal compliance (U.S. sanctions). You represent and warrant that: (a) You are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or region; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply at all times with all applicable export control, sanctions and similar laws in connection with Your use of the App and the Services.
8.8. Developer name and contact information. The Provider of the App is JAIK s.r.o., with registered office at Primátorská 296/38, Libeň, 180 00 Prague 8, Czech Republic, ID number 21536112. Any questions, complaints or claims with respect to the App or the Services should be directed to the Provider, in particular by email to hello@kubaenglish.com.
8.9. Third-party terms of agreement. When using the App, You must comply with all applicable third-party terms of agreement that are relevant to the use of the App. For example, if the App enables VoIP or streaming functionality, You must ensure that Your use of the App does not cause You to breach the terms of Your wireless data service agreement or other similar agreements.
8.10. Third-party beneficiaries (Apple and Google). You and the Provider acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms in respect of the App distributed via the Apple App Store, and that, upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof. To the extent required or permitted under applicable law, You and the Provider further acknowledge and agree that Google and its subsidiaries are third-party beneficiaries of these Terms in respect of the App distributed via Google Play and may enforce relevant provisions of these Terms against You as third-party beneficiaries.
9. FINAL PROVISIONS
9.1. Entire Agreement. The Agreement constitutes the parties’ sole and entire agreement with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and communications relating to the same subject matter. In the event of a conflict between the documents constituting the Agreement, the following order of precedence applies: (i) these Terms of Service; and (ii) any remaining documents in the order in which they are referred to in the Terms.
9.2. Assignment. The User may not assign or otherwise transfer any of its rights or obligations under the Agreement without the prior written consent of the Provider. The Provider may assign or transfer the Agreement as a whole, without the User’s prior consent, to any Provider Affiliate or in connection with a merger, reorganization, sale of business or similar transaction. Any assignment in violation of this Section 9.2 shall be null and void.
9.3. Force Majeure. The Provider will not be liable for any failure or delay in performance of its obligations under the Agreement to the extent caused by circumstances beyond its reasonable control, including natural disasters, flood, fire, earthquake, war, terrorism, cyber-attacks (including DDoS), invasion, embargoes, strikes, changes in law or governmental measures (including export or import restrictions, quotas or government shutdowns), or national or regional shortage of power, telecommunications or transportation. If a force majeure event continues for a period of thirty (30) days or more and materially affects the provision of the Services, the Provider may terminate the Agreement with immediate effect by written notice to the User.
9.4. Changes to the Terms. The Provider may revise and update these Terms from time to time. Unless a later effective date is indicated, changes become effective on the date specified in the notice and apply to all access to and use of the Services thereafter. The Provider will notify the User of changes to the Terms by email and/or by an announcement within the Services. If the User does not agree to a change to the Terms, the User may terminate the Agreement by giving the Provider written notice of termination within thirty (30) days from receiving the notice of the change. The notice period shall commence on the first day of the calendar month following delivery of the termination notice. In that case, the version of the Terms in force immediately before the announced change will continue to apply to the User for the duration of the notice period. Continued use of the Services after the effective date of the changes will constitute the User’s acceptance of the updated Terms. The User is expected to check the Terms from time to time so that it is aware of any changes, as they are binding on the User.
9.5. Notices. Unless a stricter form is required by mandatory law, the requirement of written form is satisfied if a notice is delivered by email or other agreed electronic means. Notices to the Provider shall be sent to hello@kubaenglish.com or to any other email address notified by the Provider for this purpose. Notices to the User may be sent to the email address associated with the User’s account or provided during the order process.
9.6. References. If You are a business User (acting in the course of trade), You agree that the Provider may use Your trade name, logo, trademark and other identifying marks on its website and in reference marketing materials to identify You as a customer of the Provider. For Users who are consumers or individuals, the Provider will only use such references with the User’s prior consent where required by applicable law.
9.7. Severability. If any provision of the Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and if such modification is not possible, that provision shall be deemed severed. Such invalidity, illegality or unenforceability shall not affect any other provision of the Agreement or render it invalid or unenforceable in any other jurisdiction. The parties shall negotiate in good faith to replace any invalid, illegal or unenforceable provision with a valid and enforceable provision that, to the greatest extent possible, achieves the original intent.
9.8. Governing Law and Jurisdiction. The Agreement is governed by and construed in accordance with the laws of the Czech Republic, without giving effect to any choice or conflict of law rules. Any legal suit, action or proceeding arising out of or relating to the Agreement shall be brought exclusively before the courts of the Czech Republic, and each party irrevocably submits to the jurisdiction of such courts. If You are a consumer residing in a member state of the European Union, this Section 9.8 does not deprive You of any protection afforded to You by mandatory provisions of the law of Your country of residence, nor of the right to bring or defend claims before the courts that are competent under such mandatory provisions.