1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Ogima mobile application, website, and related services ("Ogima", "Service", "we", "us", "our"), operated by Ogima GmbH incorporated in Germany.

By downloading, accessing, or using Ogima, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use Ogima.

We may modify these Terms at any time without prior notice. Your continued use of Ogima after the effective date of the updated Terms constitutes your acceptance of the changes. We recommend reviewing these Terms regularly to stay informed of any updates. If you do not agree to the changes, you must stop using Ogima and, if applicable, cancel your subscription.

A separate Privacy Policy explains how we collect, use, and protect your personal data. The Privacy Policy forms part of these Terms and you should read it carefully.

2. Description of Service

Ogima is a language learning application focused on voice-based speaking practice. The Service allows you to:

• Practice speaking English, German, Italian, Spanish, and French.
• Record voice-based responses and interact with AI-generated content and exercises.
• Receive automated feedback on your speaking.
• View certain content and recordings in social features such as user profiles.

Ogima requires an active internet connection to function. Some features may not be available in all countries or on all devices.

We may add, modify, or remove features over time. Where such changes materially impact your use of paid services, we will notify you in advance where reasonably possible.

3. Eligibility and Accounts

3.1 Age Requirements

The Service is intended for users aged 6 years and older. If you are under the age of 18, you may use Ogima only with the consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Service.

You must not use Ogima if you are under 6 years old.

3.2 Account Registration

To use certain features, you may be required to create an account and provide accurate and complete information. You agree to:

• Maintain and promptly update your information to keep it accurate and complete.
• Keep your login credentials confidential.
• Not share your account with any other person.

You are solely responsible for all activities that occur under your account. If you believe there has been any unauthorized access to your account, you must notify us immediately and change your password.

We reserve the right to refuse registration, suspend, or terminate accounts at our reasonable discretion, including where we suspect violation of these Terms or applicable law.

4. License and Intellectual Property

4.1 License to Use Ogima

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use Ogima on your personal device for your own non-commercial language learning purposes.

You may not use Ogima for commercial purposes (for example, to run classes, provide services to third parties, or build competing products) without our prior written consent.

4.2 Our Intellectual Property

Ogima, including but not limited to all software, algorithms, designs, user interfaces, graphics, text, audio prompts, educational content, trademarks, logos, and other materials ("Ogima Content"), is owned by us or our licensors and is protected by intellectual property and other laws.

Nothing in these Terms transfers any ownership of Ogima Content to you. Except as expressly permitted in these Terms, you may not:

• Copy, modify, adapt, translate, create derivative works from, distribute, sell, lease, or sublicense any part of Ogima;
• Reverse engineer, decompile, or attempt to extract source code from Ogima, except where such restriction is prohibited by law;
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices.

4.3 Feedback

If you provide feedback, suggestions, or ideas about Ogima ("Feedback"), you agree that we may use such Feedback without restriction or obligation to you, including without compensation. You hereby assign to us all rights in the Feedback.

5. User Content and Social Features

5.1 User Content

"User Content" means any content you create, provide, or upload through Ogima, including but not limited to:

• Audio recordings of your voice;
• Text responses, prompts, or messages;
• AI-generated outputs that are personalized to you (e.g., dialogue content generated from your input);
• Profile information and other materials you submit.

You retain ownership of your User Content, subject to the licenses granted to us below.

5.2 Public Sharing and Social Features

Ogima includes social features where certain User Content may be visible to other users, for example:

• Public leaderboards showing user performance or achievements;
• Public or semi-public profiles;
• Public examples of practice content or recordings.

By using these social features, you understand and agree that:

• Certain User Content (including your recordings and associated metadata such as username and learning statistics) may be visible to other users by default.
• We may display your User Content in these social features as part of the Service.

We will provide settings or mechanisms (over time as features evolve) allowing you to limit or disable certain types of public sharing where feasible. However, some basic visibility (for example, anonymized leaderboard entries or non-identifying statistics) may be necessary to operate the Service.

5.3 License You Grant to Ogima

To operate, provide, and improve the Service (including social features), you grant Ogima a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to:

• Use, host, store, reproduce, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, and distribute your User Content, only:
  • as necessary to provide the Service and its features (including public leaderboards and profiles),
  • to maintain and improve Ogima's functionality, user experience, and performance,
  • to ensure the security and integrity of the Service, and
  • to comply with legal obligations.

This license continues for as long as your User Content is stored by us, unless you delete it or request its deletion (subject to limited retention required by law or legitimate business needs, such as fraud prevention or legal claims).

5.4 Responsibility for User Content

You are solely responsible for your User Content and for ensuring that:

• You have all necessary rights and consents to create and submit the content;
• Your content does not infringe any third-party rights (including privacy, copyright, and other intellectual property rights);
• Your content complies with these Terms and applicable law.

We do not actively monitor all User Content but reserve the right (without obligation) to remove or restrict any content that we reasonably believe violates these Terms or is otherwise harmful.

6. Acceptable Use Policy

You agree not to, and not to allow others to, use Ogima to:

• Engage in any illegal activity or violate any applicable law or regulation;
• Record or share content that is defamatory, harassing, threatening, abusive, hateful, discriminatory, racist, xenophobic, sexist, or otherwise offensive;
• Share sexually explicit, pornographic, or exploitative content, including content involving minors;
• Bully, harass, or intimidate other users, or encourage self-harm or violence;
• Infringe or violate the intellectual property, privacy, or other rights of any person;
• Upload or transmit viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to Ogima, other user accounts, or related systems;
• Use any automated system, bot, scraper, or other automated means to access Ogima or collect data;
• Reverse engineer, decompile, or attempt to extract the source code of Ogima (except to the extent permitted by law);
• Use Ogima to develop or train a competing product or service;
• Use Ogima for commercial purposes without our prior written consent.

We may, at our reasonable discretion, suspend or terminate your access to Ogima, remove User Content, or take other appropriate measures if we believe that you have violated this Acceptable Use Policy.

7. Data, Privacy, and Voice Recordings

Your use of Ogima involves the processing of personal data, including voice data. Details are provided in our Privacy Policy. The key points are summarized here for transparency:

7.1 Personal Data We Process

When you use Ogima, we may process, among other data:

• Account and profile information (e.g., email address, username, age group);
• Voice recordings and transcripts of your practice sessions;
• Learning progress and performance data;
• Device and technical information (e.g., IP address, device type, app version);
• Usage information (e.g., frequency and duration of sessions).

7.2 Voice Recordings and Transcripts

By using the speaking features of Ogima, you consent to the recording, processing, and storage of your voice and the generation of transcripts. Unless you or applicable law requires earlier deletion:

• Audio recordings and transcripts may be retained for up to 24 months from the date of creation to support your learning history, social features, and our service improvement efforts.
• You may delete certain recordings or content through in-app controls where available.
• You may request deletion of your account and associated data as described in Section 11 (GDPR Rights) and in the Privacy Policy.

7.3 AI Training and Improvement (Current and Future)

Ogima uses AI technologies to generate content and provide feedback. To improve the accuracy, performance, and fairness of our AI models:

• By default, your voice recordings and transcripts may be used to train and improve our AI models.
• We will provide settings or mechanisms allowing you to opt out of this use where technically feasible.
• If you opt out, your data will still be processed as necessary to provide the core Service (e.g., to transcribe your speech and give feedback), but we will not use it to further train our models beyond what is strictly needed to serve your requests.

We may adjust this approach over time to comply with evolving legal and regulatory requirements and will update these Terms and our Privacy Policy accordingly.

7.4 Data Location and Third-Party Processors

We use third-party service providers, this means your data may be stored or processed on servers operated by these providers under our instructions.

We enter into appropriate data processing agreements with all such providers to ensure adequate protection of your personal data, in accordance with applicable EU data protection laws.

7.5 Security

We implement technical and organizational measures designed to protect your data, including:

• Encryption of data in transit (e.g., HTTPS);
• Encryption of data at rest where appropriate;
• Access controls and logging.

No system is completely secure. You acknowledge that transmission of data over the internet always carries some risk, which we cannot completely eliminate.

8. Subscriptions, Payments, and Refunds

8.1 Free and Premium Tiers

Ogima offers:

• A Free tier with limited features and usage; and
• One or more Premium subscription plans with additional or enhanced features.

The specific features, limits, and fees for each plan are described within the app or on our website. We may update plans and pricing from time to time, with advance notice where required.

8.2 Payment Processing

Payments for Premium subscriptions are handled by third-party app store providers (e.g., Apple App Store, Google Play). Your purchase is subject to the terms and conditions of the applicable app store.

We do not collect or store your full payment card details; these are handled by the relevant app store or payment processor.

8.3 Auto-Renewal and Cancellation

Premium subscriptions may automatically renew at the end of each billing period, unless you cancel before the renewal date.

You can cancel your subscription at any time via your app store account settings. After cancellation, you will retain access to Premium features until the end of the current billing period.

8.4 Refunds

You may have a statutory right to withdraw from your purchase within 14 days of the original transaction, subject to the conditions set out by your app store and applicable law.

Except where required by law or by the app store's policies:

• After the 14-day statutory withdrawal period, fees are non-refundable and non-transferable.
• We do not provide partial or prorated refunds for unused periods after cancellation.

9. Service Changes and Availability

We aim to provide a high-quality, reliable Service, but:

• We do not guarantee that Ogima will always be available, uninterrupted, or error-free.
• Ogima may be temporarily unavailable due to maintenance, upgrades, or technical issues.
• We may modify, suspend, or discontinue parts of the Service at any time, including adding or removing features, provided that we do not unreasonably reduce the value of prepaid Premium periods without appropriate remedy (e.g., extension, partial refund where required by law).

You are responsible for ensuring that your device is compatible with Ogima and for any data or connectivity charges incurred through your mobile network provider.

10. Disclaimers and Limitation of Liability

10.1 Disclaimers

Ogima and all related content and services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, we do not warrant that:

• Ogima will be uninterrupted, secure, or free from errors or defects;
• Any errors or defects will be corrected;
• The information or feedback provided by Ogima will be accurate, complete, reliable, or suitable for any particular purpose.

Ogima provides automated educational feedback only. It does not constitute professional language assessment, certification, or advice. You should not rely solely on Ogima for decisions that require professional or certified evaluation.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law:

• We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses arising out of or in connection with your use of or inability to use Ogima.
• Our total aggregate liability for any claim arising out of or relating to these Terms or Ogima shall not exceed the greater of the amount you paid (if any) for Premium services during the 12 months prior to the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

11. Data Protection and GDPR Rights

If you are located in the European Union or the European Economic Area, you have certain rights under the General Data Protection Regulation ("GDPR") and similar laws.

Subject to legal conditions and limitations, these rights may include:

• Right of access: You can request confirmation whether we process your personal data and obtain a copy of your data.
• Right to rectification: You can request correction of inaccurate or incomplete data.
• Right to erasure ("right to be forgotten"): You can request deletion of your personal data, for example where it is no longer needed for the purposes for which it was collected or where you withdraw consent.
• Right to restrict processing: You can request that we limit the processing of your data in certain circumstances.
• Right to data portability: You can request your data in a structured, commonly used, machine-readable format and transmit it to another controller where technically feasible.
• Right to object: You can object to certain processing, including processing based on legitimate interests and, where applicable, to profiling.
• Rights relating to automated decision-making: If we engage in automated decision-making that produces legal or similarly significant effects, you have the right to obtain human intervention and to contest the decision.

You can exercise these rights by contacting us using the details in Section 15. We may need to verify your identity before processing your request. Some rights may be subject to exceptions under applicable law.

You also have the right to lodge a complaint with your local supervisory authority for data protection if you believe that your rights have been violated.

12. Termination

You may stop using Ogima at any time and may delete your account through the app or by contacting us.

We may suspend or terminate your access to Ogima, or delete your account, if:

• You materially or repeatedly breach these Terms or applicable law;
• We are required to do so by law or court order;
• We decide to discontinue the Service, in which case we will provide reasonable prior notice where possible.

Upon termination:

• Your right to use Ogima ceases immediately.
• We may delete or anonymize your account and User Content, subject to our legal obligations and legitimate interests (for example, to maintain security logs or comply with legal retention requirements).

Sections of these Terms that by their nature should survive termination (including, without limitation, Intellectual Property, Disclaimers, Limitation of Liability, Governing Law and Dispute Resolution) shall continue in effect after termination.

13. Governing Law and Dispute Resolution

These Terms and your use of Ogima are governed by the laws of Germany, without regard to conflict of law principles.

If you are a consumer residing in the EU, you may also benefit from certain mandatory provisions of the law of your country of residence and may bring legal proceedings in the courts of your place of residence.

Subject to such mandatory consumer rights:

• Any disputes arising out of or relating to these Terms or Ogima shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany, unless otherwise required by applicable consumer law.

We encourage you to contact us first so that we can attempt to resolve any concerns informally before resorting to court proceedings.

14. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any other referenced documents, constitute the entire agreement between you and us regarding Ogima.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• 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, corporate reorganization, or sale of assets.

15. Contact Us

If you have any questions, concerns, or requests regarding these Terms or Ogima, please contact us at:

OGIMA GmbH
Winterfeldtstraße 21,
10781 Berlin, Germany
Email: support (you-know-which-symbol) ogimalearn.com