Terms of Service
Last Updated: 2025-03-10
1. Introduction
Welcome to Hend. These Terms of Service ("Terms") govern your use of the Hend application and website (collectively, the "Service") operated by Monobryn ("we," "us," or "our").
By accessing or using Hend, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. Definitions
- "Application" refers to Hend, the language learning software.
- "Personal Data" refers to information that identifies an individual.
- "User Content" refers to any content imported, created, or shared by users on our Service.
- "Free Version" refers to the local-first version of Hend that does not require payment.
- "Premium Features" refers to additional features available through subscription or one-time payment.
3. Service Description
Hend is a language learning application that utilizes AI-generated content, user-imported content, and learning analytics to help users learn languages through reading and listening.
4. Account Registration
4.1 Local-First Usage
The Free Version of Hend can be used locally without creating an account.
4.2 Account Requirements
To access Premium Features requiring synchronization, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
4.3 Accuracy of Information
You agree to provide accurate and complete information when creating an account and to update such information to keep it accurate and current.
5. User Content
5.1 Ownership
You retain all rights to any content you import, upload, or create using Hend.
5.2 License Grant
By importing or creating content using our Service, you grant us a non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the Service.
5.3 Content Responsibility
You are solely responsible for all content that you import or generate using the Service. You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Generate or distribute harmful, offensive, or inappropriate content
6. AI-Generated Content
6.1 AI Content Limitations
AI-generated content provided through Hend is created through automated processes and may contain inaccuracies or inappropriate content. We strive to minimize such occurrences but cannot guarantee the quality or appropriateness of all AI-generated content.
6.2 Third-Party AI Services
If you use your own API keys for third-party AI services through Hend, you are responsible for complying with the terms of service of those providers.
7. Intellectual Property
7.1 Ownership of Service
The Service, including all intellectual property rights in the software, design, and original content provided by us, belongs to us or our licensors.
7.2 Restrictions
You may not:
- Copy, modify, or create derivative works based on the Service
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Remove any copyright or proprietary notices from the Service
- Use the Service for any commercial purpose without our prior written consent
8. Privacy Policy
Our Privacy Policy explains how we collect, use, and protect your personal information. By using Hend, you agree to our Privacy Policy, which is incorporated into these Terms by reference.
9. Subscription and Payment
9.1 Pricing
Pricing for Premium Features is displayed on our website or within the application.
9.2 Payment Terms
Payments are processed through third-party payment processors. By subscribing to Premium Features, you agree to the terms and conditions of those payment processors.
9.3 Subscription Renewal
Subscriptions automatically renew unless canceled before the renewal date.
9.4 Cancellation
You may cancel your subscription at any time. Upon cancellation, you will continue to have access to Premium Features until the end of your current billing period.
9.5 Refunds
Refund policies are described on our website. While we generally aim to resolve issues without refunds, we evaluate refund requests on a case-by-case basis. Refunds may be granted at our discretion for legitimate concerns with the service.
10. Termination
10.1 Termination by You
You may terminate your use of Hend at any time by uninstalling the application and, if applicable, canceling your subscription.
10.2 Termination by Us
For paid subscription services, we reserve the right to suspend or terminate your subscription if you breach these Terms. When reasonably possible, we will provide notice before suspension or termination. Due to the local-first nature of Hend, termination of subscription services will not prevent you from accessing your locally stored data or using the application's free features.
10.3 Effects of Termination
Upon termination, your right to use the Service will immediately cease. The following sections will survive termination: Intellectual Property, Limitation of Liability, Disclaimer, and Governing Law.
11. Data Storage and Synchronization
11.1 Local-First Data Storage
Hend utilizes a local-first approach to data storage. All versions of the application store your primary data locally on your device. For users with premium subscriptions, this data may also be synchronized with our servers.
11.2 Synchronization
Premium subscription users benefit from data synchronization between devices. While we implement reasonable measures to ensure data integrity during synchronization, the local copy on your device remains the primary version of your data.
11.3 Data Loss
We implement reasonable measures to protect data during synchronization, but cannot guarantee against all potential data loss. You are responsible for maintaining your own backups of important data. We are not responsible for any loss of data stored locally on your device.
12. Limitation of Liability
12.1 Disclaimer of Warranties
The Service 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, or non-infringement.
12.2 Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
13. Indemnification
You agree to defend, indemnify, and hold harmless Monobryn and its licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes through the Service or by other means. Your continued use of the Service after such modifications constitutes your acknowledgment and acceptance of the modified Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
16. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
17. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
18. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
19. Entire Agreement
These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we might have had between us regarding the Service.
Thank you for using Hend!