Words Wisdom is licensed to You (End-User) by Valentyn Solodun (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store or Google Play, and any update thereto (as permitted by this License Agreement), You indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not Parties to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. Valentyn Solodun, not Apple or Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or Google Play Terms of Service. Valentyn Solodun acknowledges that he had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.
Words Wisdom (hereinafter: Application) is a piece of software created to assist users in learning languages through spaced repetition algorithms, quizzes, and vocabulary management — and customized for mobile devices. It is used to create learning habits, track study progress, and improve vocabulary retention.
2.1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store/Google Play Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2. This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple/Google Terms and Conditions, and with Valentyn Solodun's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof.
2.5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license.
2.6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7. Licensor reserves the right to modify the terms and conditions of licensing.
3.1. The Application requires a firmware version compatible with the latest release as specified on the App Store/Google Play store page. Licensor recommends using the latest version of the firmware.
3.2. Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. However, You are not granted rights to claim such an update.
3.3. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which you intend to use the Application satisfies the technical specifications mentioned above.
4.1. The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2. Valentyn Solodun and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and your personal information, and that Licensor's use of such material and information is subject to your legal agreements with Licensor and Licensor's Privacy Policy (available within the Application).
6.1. Subscriptions: The Application may offer auto-renewing subscription plans ("Pro"). If you purchase a subscription, your payment will be charged to your iTunes (Apple) or Google Play account upon confirmation of purchase.
6.2. Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.
6.3. Management and Cancellation: You can manage your subscriptions and turn off auto-renewal by going to your Account Settings on your device (Apple App Store or Google Play Store) after purchase. You cannot cancel the current subscription period once it is active.
6.4. Refunds: All purchases are final. Refunds for subscriptions are managed directly by Apple or Google in accordance with their refund policies. The Developer cannot issue refunds directly.
6.5. Pricing: Prices are displayed in the Application and may change. We will notify you of any price changes in advance, and such changes will apply to the next subscription period.
The Application may allow you to create custom word definitions, usage examples, notes, or other study materials (collectively, "Contributions").
When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
By creating custom content (Contributions) within the Application, you grant us the necessary rights to store, backup, and display this content within your account for the purpose of providing the Application's services (e.g., syncing your custom cards to the database in Falkenstein). We do not claim ownership over your custom study materials.
9.1. Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages.
9.2. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application (e.g., signing in to sync data) to the extent allowed by applicable terms.
10.1. Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download.
10.2. No Warranty: The Application is provided "as is" and "as available" with all faults and without warranty of any kind. The Licensor disclaims all other warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
10.3. If we confirm that the Application is defective, Valentyn Solodun reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
10.4. In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price (if any) will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App.
Valentyn Solodun and the End-User acknowledge that Valentyn Solodun, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User's possession and/or use of that licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Valentyn Solodun
Email: support@wordswisdom.app
The license is valid until terminated by Valentyn Solodun or by You. Your rights under this license will terminate automatically and without notice from Valentyn Solodun if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
Valentyn Solodun represents and warrants that Valentyn Solodun will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.
Valentyn Solodun and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Valentyn Solodun, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
This license agreement is governed by the laws of Ukraine excluding its conflicts of law rules.
18.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
18.2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.