Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using Fluxa (the "App"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

2. Description of Service

Fluxa is a mobile application designed to facilitate learning of the Mwaghavul language through:

• Interactive vocabulary lessons and exercises
• Structured curriculum with progressive learning paths
• Practice hub with phonetics, conversation, and thematic vocabulary
• Audio pronunciation guides and listening exercises
• Quizzes and assessments to track learning progress
• Cultural content and context about Mwaghavul heritage
• Progress tracking and personalized learning recommendations

3. User Accounts

3.1 Account Creation

To access certain features of the App, you may need to create an account. You can register using:

• Email and password
• Google Sign-In
• Facebook Login
• Apple Sign-In (iOS devices)

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate and complete information during registration
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Not share your account with others

3.3 Guest Access

The App may offer limited guest access to certain features without requiring account registration. Guest users may have restricted access to premium features and progress tracking.

4. User Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the App or its systems
• Interfere with or disrupt the App's servers or networks
• Upload or transmit viruses, malware, or any malicious code
• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or create derivative works of the App's content
• Use automated systems (bots, scrapers) to access the App
• Harass, abuse, or harm other users
• Impersonate any person or entity

5. Intellectual Property Rights

5.1 Our Content

All content in the App, including but not limited to text, graphics, logos, audio files, vocabulary data, lesson materials, and software, is the property of Fluxa or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial language learning purposes only.

5.3 User-Generated Content

If you submit content to the App (such as reviews, feedback, or practice recordings), you grant us a worldwide, royalty-free license to use, reproduce, and display such content for the purpose of operating and improving the App.

6. Premium Features and Payments

6.1 In-App Purchases

The App may offer premium features, subscriptions, or content available for purchase through:

• Google Play In-App Billing (Android)
• Apple App Store In-App Purchases (iOS)
• Third-party payment processors (Stripe, Paystack)

6.2 Pricing and Payment

All prices are displayed in the applicable currency and include applicable taxes. Payment will be charged to your payment method at the time of purchase confirmation.

6.3 Subscriptions

If you purchase a subscription:

• Your subscription will automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions through your device's account settings
• No refunds will be provided for unused portions of a subscription period

6.4 Refund Policy

Refund requests are subject to the policies of Google Play Store, Apple App Store, or the applicable payment processor. We do not directly process refunds for in-app purchases.

7. Third-Party Services

The App integrates with third-party services including:

• Firebase (authentication, database, storage, analytics)
• Google AdMob (advertising)
• Google Sign-In, Facebook Login, Apple Sign-In (authentication)
• Payment processors (Stripe, Paystack)

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

8. Advertising

The App may display advertisements provided by Google AdMob. We do not control the content of advertisements and are not responsible for the products or services advertised.

9. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Content Accuracy

While we strive to provide accurate and high-quality Mwaghavul language content, we do not guarantee that all content is error-free or complete. Language learning outcomes may vary based on individual effort and circumstances.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of content

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUXA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Service interruptions or data loss
• Any damages arising from your use or inability to use the App

Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify and hold harmless Fluxa, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party

14. Termination

14.1 By You

You may stop using the App at any time and delete your account through the App's settings.

14.2 By Us

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity
• Any other reason at our sole discretion

14.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. We may delete your account data in accordance with our data retention policies.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending an in-app notification or email (for significant changes)

Your continued use of the App after changes become effective constitutes acceptance of the modified Terms.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation, if negotiations fail
3. Binding arbitration or litigation in Nigerian courts, as applicable

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

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

19. Contact Information

20. Acknowledgment

BY USING FLUXA, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.