VocaX and Services

By using VocaX, you agree to these terms and conditions

Acceptance of the Agreement and Electronic Signing

Binding Arbitration Notice and Class Action Waiver

Please read this section carefully. Section 9 of this Agreement contains a binding arbitration clause and a class action waiver. Except for certain types of disputes, you agree that all disputes between you and VOCAX will be resolved by binding individual arbitration, and you waive your right to a trial by judge or jury and to participate in a class action.

This End User License Agreement (EULA) and Terms of Service (collectively, this "Agreement") constitute a legally binding and complete contract between you ("User") and VOCAX INC. and its subsidiaries and affiliates (collectively, "VOCAX") regarding the access to and use of the VOCAX mobile application ("Software") and related services.

Effectiveness of Electronic Contracting: By clicking "I Agree", downloading, installing, or using this software, you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. This action has the same legal effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign Act) and applicable laws.

If you are agreeing to this Agreement on behalf of an entity (such as a company or educational institution), you represent and warrant that you have the legal authority to bind that entity to this Agreement. If you do not agree to any part of these terms, you must immediately cease use and permanently delete the software from your device.

Fees, Billing, and Cancellation Policy

Transactions through Apple

You acknowledge and agree that VOCAX does not process your payments. All subscriptions, in-app purchases, and related financial transactions are handled exclusively by Apple Inc. as the Merchant of Record. Your transactions are governed by the Apple Media Services Terms and Conditions.

Refund Policy & App Store Processing

Unless explicitly required by applicable law, all payment obligations are irrevocable, and fees paid are non-refundable under any circumstances. This includes, but is not limited to, unused subscription periods, accidental purchases, or refund requests based on dissatisfaction with service content.

Due to App Store privacy and security mechanisms, developers cannot access your payment credentials nor do they have the authority to perform refunds in the system backend. All refund requests must be submitted directly to Apple. VocaX has no control over Apple's refund decisions (whether approved or denied) and bears no responsibility for supplementary compensation.

Auto-renewal and price changes

Subscriptions will automatically renew and be charged within 24 hours prior to the end of the current period. VOCAX reserves the right to adjust subscription prices at any time. Price adjustments will take effect in the next subscription period, and we will notify you in advance in accordance with Apple's policies. If you do not agree to the price change, you have the right to cancel your subscription before the price takes effect.

Statutory Right of Withdrawal (Right of Withdrawal) for European Union (EU) and United Kingdom (UK) consumers: You expressly agree that this right is lost once the download of digital content begins or the service is instantly delivered.

Accounts, Data, and Privacy

Non-custodial services and full self-responsibility for data

Allocation of Data Risk: Based on the 'Local-First' architecture of this service, the user acknowledges that VocaX is not a data custodian. The user is solely responsible (Solely Responsible) for the backup, migration, and integrity protection of their data.

Right to Data Portability: Export corresponding vocabulary from the flagged list and favorite pages as CSV files

In no event shall VocaX be liable for any recovery obligation or compensation for data loss, damage (Data Corruption), or inability to access caused by device failure, iCloud sync conflicts, user error, or force majeure. You acknowledge that the risk of data loss is part of the consideration for using this service. We do not maintain copies of your data and have no 'backdoor' access, therefore we cannot provide password reset, data recovery, or account retrieval services.

You must be at least thirteen years old (or the minimum age in your country or region as specified in the Apple Account creation process) to create an account and use our Service. Apple Accounts for those under this age may be created by a parent or legal guardian using Family Sharing, or by an authorized educational institution. Parents or legal guardians should carefully review this Agreement with the minor when creating their account to ensure both parties understand it.

Data Synchronization and Cloud Storage

This app uses Apple's iCloud (CloudKit) service to sync your learning progress, favorites, and settings across your devices.

Service Dependency: The availability of data synchronization is highly dependent on your iCloud account status, network connection, and the stability of Apple's servers. This application assumes no responsibility for synchronization failures caused by insufficient iCloud storage, account restrictions, or Apple service outages. Sync Latency: Data updates across multiple devices may experience delays. The developer does not guarantee that actions taken on one device will be reflected instantaneously on another. Data Conflicts: When reconnecting after simultaneous offline operations on multiple devices, data version conflicts may occur. The system will merge data based on automatic rules, which may result in a small number of operation records being overwritten.

Guest Mode and Data Retention

You can use this app as a guest without registering or logging in.

Local Storage: All learning records, favorites, and settings in guest mode are stored only on your current device. Risk of Loss: If you uninstall this app, format your device, or if the device is damaged, guest data will be permanently lost and cannot be recovered.

Sign-in Recommended: To protect your data, we strongly recommend signing in with your Apple ID to back up your data to the cloud.

Learning progress saving mechanism

To provide an ultra-smooth scrolling experience, this app employs a memory-first progress tracking strategy. Your learning progress is recorded in the device's memory in real-time and saved to local storage and the cloud at specific intervals (such as after scrolling stops or when switching apps).

Users should understand that in extreme cases (including but not limited to sudden power failure, system-forced closure of the application, unexpected crashes, or memory overflow), temporary progress data not yet written to the storage medium (typically records from the last few seconds to minutes) may be lost. The developer is not obligated to recover minor progress rollbacks or data loss caused by the aforementioned force majeure or system mechanisms.

Local Storage and Caching

To improve loading speeds, this app creates a local database and image cache files on your device. The app may occupy a certain amount of storage space.

iOS may automatically clear some cache files when storage space is low, which may result in resources being re-downloaded and data being consumed the next time you open the app. This is normal operating system behavior and not an app malfunction.

Account Cancellation and Data Deletion

You have the right to delete your account and all your data at any time.

Irreversibility: Account deletion is a permanent, physical-level deletion. Once confirmed, all your learning records, weight data, favorites, and preferences will be immediately wiped and cannot be recovered by any means. Disclaimer: The developer bears no obligation for data recovery or liability for compensation regarding account deletion and data loss resulting from user error.

Zero-Access Architecture and Privacy Protection

Under Apple CloudKit's privacy design, developers are physically unable to access, control, or delete content stored in a user's private iCloud container. Consequently, VocaX is neither the host of your personal learning data nor does it bear direct responsibility for the legality, accuracy, or copyright status of any materials you process through the service.

User Profile: To provide more precise learning suggestions, this app generates a localized learner profile based on your usage habits. These profiles are used solely to optimize algorithmic recommendations and generate encouraging content; they do not represent an assessment of your personal abilities, intelligence, or character. All analytical data is processed locally or on a private cloud and will not be used for advertising profiles or sold to third parties.

Statement on AI Technical Characteristics and Output Indeterminacy (NATURE OF AI & INDETERMINACY)

Probabilistic and Non-deterministic Nature

The user acknowledges and agrees that the Generative Artificial Intelligence (GenAI) technology integrated into this service operates based on probabilistic and statistical models and is inherently non-deterministic and stochastic.

Non-Exhaustive Nature of Lexicographical Compilation (Non-Exhaustive Compilation)

VocaX's vocabulary database is a curated subset of high-frequency words built upon specific linguistic statistical models (such as GSL, AWL, and CEFR frequency tables). You understand and agree that this application is designed to cover core vocabulary in general contexts, rather than serving as an exhaustive, encyclopedic dictionary.

The exclusion of certain low-frequency words, archaisms, highly technical terms, or emerging slang falls under our Curatorial Discretion. VocaX does not guarantee the inclusion of all words you may search for, nor does it assume liability for any learning inconvenience caused by the inability to find specific rare terms.

Speech Recognition and Oral Assessment Limitations

The speaking assessment feature of this app relies on your device’s built-in hardware(microphone)and Apple’s on-device speech recognition framework.

The accuracy of this technology is affected by various uncontrollable factors, including but not limited to: (i) ambient background noise; (ii) the quality or aging of your microphone hardware; (iii) your non-native accent or pronunciation habits; (iv) fluctuations in the computing power of the Apple Neural Engine.

Therefore, any pronunciation scores, correction suggestions, or recognition results provided by the App are for entertainment and auxiliary reference only. Recognition failures or inaccurate scores do not constitute a service defect, and we do not guarantee that this feature meets the scoring accuracy of professional language exams (such as TOEFL/IELTS).

Nature of Corpus & Academic Limitations

VocaX's content generation is based on the statistical probabilities of large-scale corpora (Descriptive Linguistics), rather than normative grammar rules (Prescriptive Grammar). Therefore, AI-generated sentences may contain colloquialisms, slang, or informal usage, which may differ from the strict academic standards of standardized tests (such as TOEFL/IELTS). Users should regard this app as a 'language environment immersion tool' rather than an 'exam standard answer key'.

Prohibited for use in high-risk scenarios

It is strictly forbidden to use the content generated by this application as the sole basis for medical diagnosis, legal drafting, financial contract translation, or high-stakes exams (such as TOEFL, GRE, IELTS, SAT). You should use authoritative publications for secondary verification when preparing for such scenarios. VocaX and its developers and affiliates shall not be held liable for any exam failure, paper rejection, commercial misunderstanding, personal injury, or property damage resulting from reliance on the content of this application.

Content Neutrality

AI models may generate example sentences that reflect social biases or stereotypes present in the training data. This content is automatically generated by algorithms and does not represent the values of VocaX. We recommend that users under the age of 18 use the service under the guidance of a guardian. If you encounter inappropriate content, please report it via in-app feedback.

Ownership and Licensing of Inputs and Outputs

As between you and VocaX, you retain ownership of "Input" (i.e., the prompts, queries, or data you provide to the AI). Subject to your compliance with this Agreement, VocaX hereby assigns to you all its right, title, and interest in and to "Output" (i.e., the responses, translations, or content generated by the AI).

Due to the probabilistic nature of machine learning, outputs may not be unique, and other users may receive similar or identical outputs from the AI. For example, if another user queries the "definition of Apple," the AI may generate the same response as it did for your query.

You agree that such standardized, non-unique, and predictable outputs do not constitute your exclusive intellectual property, and you have no right to assert any claims (including copyright, trademark, or unfair competition claims) against similar outputs generated by other users.

AI Simulation and Unofficial Affiliation Disclaimer

The voices, dialogue styles, and virtual characters generated by this application are synthesized by AI. These voices are not recordings of real people and do not contain any personal biometric data.

AI may mimic specific linguistic styles, rhetorical rhythms, or dialectal accents (e.g., "Beijing-style Crosstalk" or "American Stand-up Comedy Style"). This stylistic imitation is intended to aid language retention through humor and exaggeration and does not imply the involvement of any specific public figures.

Any third parties mentioned or implied in this application (including, but not limited to, entertainers, copyright holders, and film production companies) have not authorized, sponsored, endorsed, or otherwise associated with VocaX. Please do not misinterpret the humorous content generated by this application as representing the views, positions, or commercial endorsements of any real public figures.

Health, Safety and Equipment Performance

⚠️ Photosensitive Epilepsy and Visual Health Warning

This app features intense visual effects, including but not limited to: high-frequency flickering animations, fluid gradient backgrounds, Extended Dynamic Range (EDR) color display, and complex parallax scrolling effects.

A very small percentage of individuals may experience photosensitive epileptic seizures, fainting, or temporary blurred vision when exposed to certain light effects or flashing patterns. Even if you have no history of epilepsy, you may have an undiagnosed condition. If you have a history of epilepsy or experience dizziness, eye discomfort, muscle twitching, or disorientation while using this application, please stop using it immediately and consult a doctor.

Hearing Safety and Audio Alerts

Brainwaves (alpha, theta, gamma), Vedic chants, and related ambient music provided by this app are for entertainment and relaxation assistance only, and do not have any medical diagnostic or therapeutic functions.

Epilepsy Warning: Users with photosensitive epilepsy or a history of seizures should consult a doctor before listening to specific frequency audio.

Special Warning for Minors: Since the cerebral cortex of children and adolescents is still developing, users under the age of 12 are strictly prohibited from using the app's 'Brainwave/Binaural Beats' features. Guardians should supervise the usage duration of minors to prevent hearing damage or attention dissociation caused by excessive immersion.

Operating Safety: Some audio (especially theta waves and meditation audio) may cause deep relaxation or drowsiness. You are strictly prohibited from listening to such audio while driving, operating heavy machinery, or performing any activity that requires high concentration. VocaX is not responsible for any personal injury or property damage resulting from listening to audio in violation of these regulations.

Device Performance and Resource Consumption

To achieve liquid glass effects, real-time parallax response, and high frame rate animations, this app makes extensive use of the device's GPU (Graphics Processing Unit) and motion sensors (gyroscope/accelerometer).

Running this application on certain older models, with aged batteries, or in environments with poor heat dissipation may lead to increased device temperature, accelerated battery drain, or sluggish system performance. This is a physical characteristic of high-performance graphical computing, not a software defect. The developer shall not be held liable for battery life degradation, device overheating protection, or any resulting hardware wear and tear caused by prolonged use of this application.

Audio Sessions and System Interruptions

The speaking practice feature relies heavily on the device's audio hardware. When system-level audio events occur (including but not limited to incoming calls, alarms, Siri activation, or audio playback from other apps), the app's recording or playback functions may be forcibly interrupted or muted by the system. This is a standard iOS system mechanism, not an app malfunction.

Keeping real-time voice recognition active for extended periods is power-intensive and may cause your device to heat up or drain the battery quickly. We recommend monitoring your device's status.

License and Usage Rules

Scope of License

VocaX grants you a non-transferable, non-exclusive license to use the Service on any Apple-branded products that you own or control, solely for your personal, non-commercial use.

Unless otherwise permitted by applicable law, you may not reverse engineer, disassemble, attempt to derive source code, modify, or create derivative works of the Service, nor may you use any automated tools (such as scripts, crawlers) to access the Service.

Usage Rules

Your use of the Service must comply with this Agreement and all applicable laws. You may only use the Service and Content for personal, non-commercial purposes unless otherwise agreed.

You agree not to:

If you violate these terms, we reserve the right to terminate your license to use the service or restrict your access to online features (such as AI translation) without any liability.

Some features may require additional permissions, such as microphone access (for speaking practice). You can manage these permissions at any time in your device settings.

Intellectual Property

Statistical properties of the lexical index

VocaX does not claim original rights to the spelling of specific words, International Phonetic Alphabet (IPA) symbols, or alphabetical ordering, nor does it recognize any single entity's monopoly copyright over word lists of common human languages.

Reverse engineering prohibited

Any form of data scraping, reverse engineering, or extraction of this application's database for training other machine learning models, building competing lexicons, or for any commercial purposes is strictly prohibited.

Other proprietary materials

Other proprietary information and materials contained in the Service (including but not limited to interface design, audio files, code, icons, and trademarks) are owned by VocaX and are protected by intellectual property laws. You may not copy, modify, distribute, or utilize this content in any form without our prior written authorization.

Unsolicited Feedback

If you submit any suggestions for improvement, ideas, concepts, or feedback regarding the services to VocaX (collectively, "Feedback"), you hereby irrevocably and freely assign to VocaX all rights, title, and interest (including intellectual property rights) in and to such Feedback. VocaX shall be entitled to use, modify, distribute, or exploit the Feedback for any commercial purpose without any compensation or attribution to you.

Trade Dress and Know-how

The overall visual identity system of this service (including but not limited to the rendering logic for liquid glass effects, physical parameters of parallax scrolling, and dynamic color adaptation algorithms) constitutes VocaX's unique "trade dress".

You shall not develop, or assist any third party in developing, any derivative products that are substantially similar in look, feel, or functionality to this Service. VocaX reserves the right to pursue maximum legal liability for any attempt to extract Service assets through "pixel-perfect replication", "functional cloning", or the use of automated tools (such as Screen Scrapers), including seeking injunctive relief (Injunctive Relief) without the need to prove actual damages.

UI/UX Design Proprietary Rights and Trade Secrets

The user interface design, visual effects, and interaction logic of this application (including but not limited to liquid glass text effects, dynamic parallax response systems, ferrofluid dynamic animations, adaptive gradient algorithms, and buoyancy text renderers) are proprietary technologies independently developed by the VocaX team, constituting our Trade Secret and proprietary design assets.

Prohibited Conduct: Any third party is strictly prohibited from copying, imitating, or using the aforementioned UI/UX designs for the development of competing applications through screen recording, reverse engineering, pixel-perfect recreation, or any other technical means. It is prohibited to use screenshots, video recordings, or design elements of this application for commercial presentations, teaching materials, or promotional materials for open-source projects (unless explicit written authorization is obtained).

In the event of unauthorized UI/UX plagiarism, VocaX reserves the right to pursue legal action through DMCA notices, litigation, or other legal means, including but not limited to seeking injunctive relief, the destruction of infringing materials, and recovery of damages and attorney's fees.

AI Services and Data Disclaimer

User Input and Permissions

You retain ownership of the text, queries, and content you input into the service ("Input"). By submitting Input, you grant VocaX and its third-party AI providers (such as ChatGPT, Gemini, Grok) a worldwide, non-exclusive license to process, transmit, and use the Input to generate responses ("Output"). You represent and warrant that you have all necessary rights to submit such Input and that you have not infringed upon the privacy or intellectual property rights of any third party.

Service Improvement and Data Use Permission

You authorize VocaX and the third-party AI providers necessary to complete a request only to process and transmit Input in order to generate Output. VocaX does not require a perpetual or irrevocable training license and does not use your Input or Output to train, test, or fine-tune general AI models.

Prompt injection and abuse are prohibited

It is strictly prohibited to attempt to induce the AI to generate illegal, hateful, pornographic, or policy-violating content through "Prompt Injection", "Jailbreaking", or other adversarial attacks. Violation of this provision will result in the immediate and permanent suspension of your account without refund.

Third-Party Generative AI

The Service's translation and content generation features integrate third-party artificial intelligence technologies (which may include but are not limited to ChatGPT, Gemini, Grok, etc.). You understand and agree that when using these specific features, some anonymized text data may be sent to third-party service providers for processing.

No Warranties

Given the nature of AI technology, you understand and agree that any content generated by the service (including but not limited to translations and grammatical analyses) may contain errors, inaccuracies, or fabricated information ("hallucinations"). This content is for reference only and should not be considered legal, medical, investment, or other professional advice.

Fair Use Policy

To ensure service availability for all users, high-frequency abuse of AI interfaces (such as batch requests via scripts) is strictly prohibited. If we detect abnormal or abusive calling patterns, we reserve the right to limit, suspend, or terminate your access to related AI features without additional notice.

AI Visual Generation and Third-Party Intellectual Property Defense

Visual Memory Anchors

The images used for vocabulary instruction in this app ("visual assets") are not illustrations or art reproductions in the traditional sense, but visual memory anchors generated based on cognitive psychology principles.

Its sole function is to assist in vocabulary encoding and retrieval through exaggeration, association, and symbolism.

Responsibility for User-Generated Content

If a user induces the system to generate content that infringes on third-party intellectual property rights through specific prompts:

1. This act of generation is a personal creation of the user.

2. The user shall bear full legal responsibility for the generated content. If VocaX is sued by a third party as a result, the user agrees to fully indemnify VocaX for all losses (including but not limited to settlement payments, fines, and substantial legal fees).

Intellectual Property Complaints and Safe Harbor

VocaX strictly complies with the Digital Millennium Copyright Act (DMCA). If you are a copyright holder and believe that content in this service infringes your rights, please send an infringement notice to [email protected]. We will handle it as soon as possible after verification.

Service Changes and API Availability

No Service Level Agreement (No SLA)

VocaX does not provide any Service Level Agreement (SLA). We reserve the right at any time and for any reason (including but not limited to rate changes, API deprecation, or computing power limitations from upstream providers ChatGPT/Gemini/Grok) to degrade service quality, limit generation speed, replace underlying models, or completely remove certain features, without any obligation to provide refunds or compensation.

Certain features of VocaX (such as AI Polishing, Complex Sentence Analysis, and Translation Services) rely on third-party API services. You understand and agree that the availability of these features is subject to the operational status and commercial terms of the third-party providers.

We reserve the right to change underlying AI model providers, limit the number of API calls, or restrict certain AI features to premium subscribers at any time without prior notice. Such changes do not constitute a breach of contract and shall not serve as grounds for a refund.

Third-party service dependency

VocaX's core functionality depends on the continuous availability of third-party AI service providers (APIs). VocaX shall not be held liable for breach of contract if service is interrupted due to upstream provider failures, computing power limitations, policy changes, significant price increases, or bankruptcy. We will endeavor to find alternatives but do not guarantee the same quality of service.

In extreme cases, we may need to permanently remove certain features that depend on external APIs.

Audio Services and Technical Restrictions

Third-party music service dependency (Apple Music)

Some audio content of this service (including but not limited to the Classical and Minimalist sections) relies directly on the Apple Music service. You understand and agree that:

(i) Playing this content requires you to maintain a valid Apple Music subscription; this app does not include or provide any Apple Music subscription services. (ii) This app shall not be held liable if audio cannot be played due to Apple Music service interruptions, API changes, copyright removals, or the expiration of your subscription. (iii) This app serves solely as a playback control tool and is not responsible for the accuracy, completeness, or copyright ownership of the specific music content provided by Apple Music.

Data usage and network charges

To save your data and improve loading speed, we temporarily cache downloaded audio files or images in your device sandbox. The system may automatically clear these caches when storage is insufficient, or you can completely remove them by reinstalling the app.

You acknowledge and agree that using this service (especially in non-Wi-Fi environments) will consume mobile data, and any associated costs shall be borne by you. The application shall not be held liable for compensation regarding service interruptions, such as playback buffering, download failures, or resource loading errors caused by unstable network environments (e.g., CDN node failures, ISP throttling).

Audio Focus and System Interruptions

Audio Focus Management: This app may adjust audio focus during playback based on system mechanisms (including but not limited to lowering the volume of or pausing other apps). You understand that this is part of the system's audio policy, and this app is not responsible for any missed audio from third-party apps (such as navigation or alarms) resulting from this.

Background Running: This app supports background playback. If playback is unexpectedly interrupted or the app process is terminated due to system resource constraints (such as insufficient memory), power-saving mode policies, or system-forced hibernation, this is considered normal system behavior for mobile devices and is not a service failure.

Storage and Cache Management

To improve playback speed and save data, this app caches certain audio, image, and data files to your device's local storage. You are responsible for monitoring your device's available storage space. The app is not liable for any caching failures, app crashes, or system performance issues resulting from insufficient storage. You may clear the app's data in your system settings; however, re-playing content after clearing the cache will consume network data again.

Accuracy of educational content

The word definitions, translations, pronunciations, and related educational materials provided by this application are for reference only. While we strive to ensure the accuracy of the content, language learning involves inherent polysemy and contextual differences. This application makes no warranties, express or implied, regarding the absolute academic accuracy, completeness, or suitability of the content. You should not rely solely on the content of this application as your only basis for language learning or for rigorous academic or translation work.

Apple's Role and Third-Party Beneficiaries

Apple Assumes No Responsibility

You understand and agree that VocaX (not Apple) is solely responsible for the maintenance and support of this Service and its content, and Apple has no obligation to provide you with any maintenance or support related to this Service.

Third Party Beneficiaries

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce against you the portions of this Agreement relating to it as a third-party beneficiary.

Disclaimer and Limitation of Liability

Indemnification

You agree to defend, indemnify, and hold harmless VOCAX and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property right or privacy right.

WARRANTY DISCLAIMERS

To the maximum extent permitted by applicable law, the Service and all related content (including AI-generated text, images, and audio) are provided on an "AS IS" and "AS AVAILABLE" basis.

VOCAX hereby expressly disclaims all warranties, express or implied, including but not limited to:
(A) MERCHANTABILITY;
(B) FITNESS FOR A PARTICULAR PURPOSE;
(C) NON-INFRINGEMENT. We do not warrant that any AI-generated content will not inadvertently infringe upon the intellectual property or privacy rights of third parties.

VOCAX does not warrant that the Service will be uninterrupted, secure, or error-free. You strictly assume all risks associated with the use of generative content.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall VOCAX and its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, goodwill, or service interruption), whether based on warranty, contract, tort (including negligence), or any other legal theory.

In no event shall VOCAX's total cumulative liability for all claims arising out of or relating to you exceed fifty dollars ($50.00 USD) or the amount you paid VOCAX in the twelve (12) months prior to the claim, whichever is greater. This limitation applies even if an essential remedy fails of its essential purpose.

No Fiduciary Relationship and Educational Disclaimer

VocaX is provided solely as an auxiliary tool and is not a certified educational institution. No fiduciary relationship, such as teacher-student, doctor-patient, or attorney-client, exists between us and you. We do not guarantee that the use of this service will enable you to pass any specific exams (e.g., TOEFL, IELTS) or achieve a specific level of language proficiency. VocaX assumes no responsibility for any academic failure, professional setbacks, or loss of opportunity resulting from reliance on the content of this service.

Dispute Resolution and Governing Law

Applicable Law

This Agreement and your use of the Service shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law principles.

Mandatory Arbitration and Class Action Waiver

You and we agree that, except for individual claims brought in small claims court or legal actions regarding intellectual property infringement, any dispute arising out of or relating to this Agreement or the Services ("Dispute") shall be resolved by binding individual arbitration conducted by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

You explicitly waive the right to a jury trial or to litigate in court in such disputes.

Prohibition of Class Arbitration and Representative Actions

Arbitration must be on an individual basis. This means you may not participate as a plaintiff or class member in any purported class action, consolidated arbitration, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

This class action waiver is an integral part of this arbitration agreement. If this waiver is found to be unenforceable, the entire arbitration agreement (but not other parts of these Terms of Service) will be deemed void, and disputes shall be submitted to the courts of Ohio.

Arbitration Fees and Attorney Fees

Under the 'American Rule', each party shall bear its own attorney's fees and expert fees, unless the arbitrator awards otherwise under applicable law (such as Rule 11 of the Federal Rules of Civil Procedure for bad faith claims). VocaX will not seek to recover its attorney's fees unless the arbitrator determines your claim is frivolous or brought for an improper purpose.

Waiver of injunctive relief

You agree that, under no circumstances, shall you be entitled to seek injunctive or equitable relief to enjoin or restrain the operation of the Service, the distribution of any content, or the development of any related products. Your sole remedy shall be limited to monetary damages (and subject to the limitation of liability provisions).

Batch Arbitration and Bellwether Protocols (BATCH ARBITRATION & BELLWETHER PROTOCOLS)

If, within 30 days, 25 or more similar claimants represented by the same counsel or a coordinated group of counsel file arbitration demands against us, you agree that the following “batch arbitration” rules will apply: (i) claims will proceed in batches of 10 cases each; (ii) the remaining cases will be stayed until the prior batch is resolved; (iii) no filing or administrative fees will accrue during the stay, even if the AAA rules provide otherwise. This clause is intended to ensure efficient dispute resolution and prevent abuse of the arbitration process.

Limitation period for claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

30-day right of withdrawal

You have the right to opt out of this arbitration agreement and class action waiver. If you do so, neither you nor VocaX will be required to participate in arbitration proceedings.

To exercise your right to opt out, you must notify us in writing within 30 days of first accepting these terms by sending an email to [email protected]. The notice must include your name, the email address associated with your Apple ID, and a clear statement that you wish to opt out of the arbitration agreement. Failure to provide notice within this period will be deemed as your full acceptance of these arbitration terms.

Jurisdiction

If the arbitration provision is found to be unenforceable for any reason, you expressly consent to the exclusive jurisdiction and venue of the state and federal courts located in Ohio, USA. You irrevocably waive any objection to such jurisdiction or venue based on forum non conveniens or any other grounds.

Global Trade Compliance and Export Control

AI Computing Power and Technology Export Controls: User acknowledges that specific AI model weights, algorithms, and encryption technologies included in this service may be subject to export controls. This service is governed by the U.S. Export Administration Regulations (EAR), the sanctions regulations of the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), and the laws of your jurisdiction.

Sanctioned Regions and Blacklisted Entities

You represent and warrant that: (i) you are not located in Cuba, Iran, North Korea, Syria, Russian-occupied regions (Crimea, Luhansk, Donetsk, etc.) or any other country or region subject to a comprehensive U.S. embargo; (ii) you are not listed on the U.S. Department of Commerce Entity List, Denied Persons List, or the OFAC Specially Designated Nationals List (SDN List).

Prohibited Use Statement (Prohibited Uses)

You represent and warrant that you will not use the Service for the development, design, manufacture, or use of nuclear weapons, biochemical weapons, missile technology, or mass surveillance systems. You further commit that you will not provide the Service to military end-users located in U.S. embargoed countries (including but not limited to certain restricted entities in China, Russia, and Iran) without obtaining a license from the U.S. Department of Commerce's Bureau of Industry and Security (BIS).

Right to terminate for compliance

If we have reasonable grounds to suspect that you have violated the above provisions, or if we determine that continuing to provide services to you may cause VocaX to violate applicable export control laws, we reserve the right to immediately freeze your account without notice and without refunding any fees.

Other Provisions

This Agreement constitutes the entire agreement between you and VocaX, applies to your use of the Service, and supersedes any prior agreements between you and VocaX on the same subject.

If any part of this Agreement is deemed invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law and reflecting the original intent of the parties as closely as possible, and the remaining provisions shall remain in full force and effect.

The failure of VocaX to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other provision.

VocaX shall not be liable for failure to perform obligations caused by reasons beyond its control (such as force majeure, natural disasters, war, terrorist attacks, cyberattacks, etc.).

You agree to comply with all local, state/provincial, federal, and national laws, statutes, ordinances, and regulations applicable to your use of the Service.

No employee or agent of VocaX has the authority to vary this Agreement.

Contact Us

If you have any questions or suggestions regarding these Terms of Service, please contact us at [email protected].

We will respond to your request as soon as possible, usually within 7 days.

Updated: July 1, 2026