Terms of Service

1. Service Provider Information

Easy English Tenses ("the App", "our Service") is developed and operated by:

2. Acceptance of Terms

By downloading, installing, accessing, or using Easy English Tenses, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you must not use the App and should delete it from your device immediately.

These terms constitute a legally binding agreement between you and Dmytro Kolyvai. Your continued use of the App after any modifications to these terms constitutes acceptance of the updated terms.

3. Service Description

Easy English Tenses is an educational mobile application designed to help users learn English verb tenses through interactive lessons and practice exercises.

Core Features

• Structured lessons covering all 12 English tenses
• Interactive practice quizzes and multiple-choice exercises
• Real-world examples and contextual stories
• Text-to-speech functionality using iOS system voices
• Progress tracking stored locally on your device
• Customizable settings (themes, speech rate, accent preferences)

Content Creation Disclosure

Important: The educational content in this App has been created by the developer with assistance from artificial intelligence tools. While we strive for accuracy and educational value, the content should be used as a supplementary learning tool alongside traditional language learning methods.

4. License and Usage Rights

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial educational purposes.

4.2 Usage Restrictions

You agree NOT to:

• Use the App for any commercial, business, or revenue-generating purposes
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the App
• Modify, adapt, alter, translate, or create derivative works of the App
• Remove, alter, or obscure any proprietary notices or labels on the App
• Copy, distribute, sell, lease, rent, or sublicense the App or its content
• Use the App for any illegal, harmful, or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks

5. Intellectual Property Rights

5.1 Ownership

All intellectual property rights in and to the App, including but not limited to software, educational content, text, graphics, logos, icons, user interface, audio content, and design, are owned by Dmytro Kolyvai and are protected by Polish and international copyright, trademark, and other intellectual property laws.

5.2 Third-Party Components

The App may incorporate third-party software components and open-source libraries, which are subject to their respective licenses. iOS system voices and Apple frameworks are used under Apple's licensing terms.

5.3 User Data

You retain ownership of any personal data you create through use of the App (such as progress data and settings), which is stored locally on your device as described in our Privacy Policy.

6. User Responsibilities and Conduct

6.1 Compliance

You are responsible for:

• Ensuring your use of the App complies with these Terms and applicable laws
• Maintaining the security of your device and iOS installation
• Any consequences resulting from your use or misuse of the App
• Keeping the App updated to the latest version for security and functionality

6.2 System Requirements

The App requires iOS 16.6 or later. Using the App on unsupported iOS versions may result in reduced functionality, security vulnerabilities, or app instability. We are not responsible for issues arising from use on unsupported systems.

7. Anonymous Feedback System

The App includes an optional anonymous feedback feature that allows you to send suggestions, bug reports, or comments to our server.

7.1 Feedback Terms

• Feedback is anonymous unless you voluntarily include personal information
• We may use feedback to improve the App without compensation or attribution
• You grant us unlimited rights to use, modify, and implement your feedback
• Feedback should be constructive and not contain harmful, offensive, or illegal content

8. Future Monetization Features

We may introduce monetization features in future App updates, which may include:

• In-app purchases for premium content or features
• Advertisement display (banner, interstitial, or rewarded ads)
• Subscription services for enhanced functionality

Notice: Any monetization features will be introduced with updated terms, clear pricing, and user consent. Current users will be notified before implementation of paid features.

9. Educational Disclaimers and Limitations

9.1 Educational Tool Only

The App is designed as a supplementary educational tool and should not be considered a complete language learning solution. We make no guarantees regarding:

• Language learning outcomes or proficiency improvements
• Suitability for specific educational curricula or standards
• Accuracy for professional, academic, or examination purposes
• Completeness of English grammar coverage

9.2 No Certifications

The App does not provide official certifications, qualifications, or credentials. Progress tracking is for personal motivation only and has no official recognition value.

9.3 Content Accuracy

While we strive to provide accurate educational content, language learning involves interpretation and context that may vary. Users should verify information through additional sources for critical applications.

10. Data Handling and Privacy

Your privacy is important to us. Please review our comprehensive Privacy Policy for detailed information about:

• What data we collect and how it's processed
• Your rights under GDPR, CCPA, and other privacy laws
• Cookie usage on our website
• Analytics and third-party services
• Contact information for privacy inquiries

10.1 Local Data Storage

Your learning progress, settings, and preferences are stored locally on your device. This data is not backed up to our servers and will be permanently lost if you delete the App or reset your device.

11. EU Consumer Rights

If you are a consumer residing in the European Union, you have specific rights under EU consumer protection laws:

11.1 Right of Withdrawal

For any future paid features, you have the right to withdraw from the purchase within 14 days without giving any reason, unless you have given explicit consent to immediate performance and acknowledge losing your withdrawal right.

11.2 Digital Content Rights

You have the right to conformity of digital content and services. If the App does not perform as described, you may be entitled to remedies under applicable consumer protection laws.

11.3 Unfair Terms Protection

These Terms are subject to mandatory consumer protection laws. Any term found to be unfair or unreasonable under applicable consumer law will be deemed invalid without affecting the validity of remaining terms.

12. Disclaimers and Limitation of Liability

12.1 Service Availability

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Uninterrupted or error-free operation
• Compatibility with all devices or iOS versions
• Freedom from viruses or other harmful components
• Accuracy or completeness of educational content

12.2 Individual Developer Limitations

As an individual developer operating without a corporate structure, liability is limited to the maximum extent permitted by Polish and EU law. In no event shall Dmytro Kolyvai be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages exceeding the amount you paid for the App (currently free)
• Issues arising from iOS updates, device failures, or third-party software

Important: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. You may have additional rights under applicable consumer protection laws.

13. Force Majeure and Technical Issues

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Apple App Store outages or policy changes
• iOS updates that affect App compatibility
• Internet connectivity issues affecting feedback submission
• Natural disasters, war, terrorism, or government actions
• Server failures or hosting provider issues

14. Modifications and Updates

14.1 App Updates

We reserve the right to:

• Release updates, modifications, or new versions of the App
• Add, modify, or remove features and functionality
• Improve performance, fix bugs, or enhance security
• Require updates for continued functionality or security

14.2 Terms Updates

We may update these Terms of Service from time to time. Material changes will be communicated through:

• Updated "Last updated" date at the top of this document
• In-app notifications for significant changes
• Email notifications to [email protected] if you contact us

Continued use of the App after term modifications constitutes acceptance of the updated terms.

15. Termination

15.1 User Termination

You may terminate your use of the App at any time by deleting it from your device. Upon deletion, your local data will be permanently removed and cannot be recovered.

15.2 Developer Termination

We reserve the right to discontinue the App or restrict access in cases of:

• Violation of these Terms of Service
• Technical or legal requirements
• Business decisions regarding App support
• Apple App Store policy compliance requirements

15.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will cease immediately. Sections relating to intellectual property, disclaimers, liability limitations, and governing law shall survive termination.

16. EU Digital Markets Act (DMA) Compliance

The EU Digital Markets Act designates Apple as a gatekeeper for the App Store, iOS, and iPadOS services. This affects app distribution and user rights in the European Union.

16.1 Current Distribution Model

• Primary Distribution: Apple App Store under standard terms
• DMA Notarization: Our app complies with Apple's DMA-required notarization for safety, security, functionality, and accuracy
• Gatekeeper Obligations: Apple processes app distribution under DMA gatekeeper requirements

16.2 Alternative Distribution Rights (EU)

EU users have the right under DMA to access apps through alternative distribution channels. While we currently distribute exclusively through the App Store, we may in the future offer:

• Alternative app marketplace distribution
• Direct website distribution (Web Distribution)
• Third-party app store availability

Any alternative distribution would be subject to the same terms of service, privacy protections, and user obligations outlined in this agreement.

16.3 Core Technology Fee Disclosure

Under Apple's DMA compliance model, apps distributed through alternative channels in the EU may be subject to Apple's Core Technology Fee (€0.50 per install after 1 million first annual installs). This would only apply if:

• We adopt Apple's Alternative Terms Addendum for Apps in the EU
• Our app exceeds 1 million first annual installs in the EU
• We distribute through alternative channels or marketplaces

Current Status: We operate under standard App Store terms with no Core Technology Fee obligations. Users will be notified if we adopt alternative distribution models.

6 Enhanced Interoperability (2025-2026)

Under DMA Article 6(7), Apple must provide enhanced interoperability features by 2025-2026. This may improve our app's ability to:

• Access iOS connectivity features previously restricted
• Integrate with companion devices and accessories
• Utilize peer-to-peer Wi-Fi and NFC capabilities
• Provide enhanced user notification management

Any new interoperability features will be implemented in compliance with user privacy and security requirements.

17. Governing Law and Dispute Resolution

17.1 Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles. EU consumer protection regulations apply where applicable.

17.2 Jurisdiction

Any disputes arising from these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Poland. EU residents may also file complaints in their country of residence according to EU regulations.

17.3 Alternative Dispute Resolution

Before pursuing formal legal action, we encourage users to contact us directly at [email protected] to resolve disputes amicably. EU consumers may access online dispute resolution platforms provided by the European Commission.

18. Miscellaneous

18.1 Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Dmytro Kolyvai regarding the App and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them enforceable.

18.3 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

18.4 Language

These Terms are written in English. If translated into other languages, the English version shall prevail in case of any conflict or discrepancy.

19. Contact Information

For questions, concerns, or support regarding these Terms of Service or the App, please contact us:

Please include detailed information about your question or issue, including your iOS version and App version if reporting technical problems.