Vocao Terms of Service

Effective Date: January 30, 2025

1. Acceptance of Terms

Welcome to Vocao (“Company,” “we,” “us,” or “our”). By accessing or using Vocao's website, mobile application, or any other platform (collectively, the “Service”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to all these Terms, you may not access or use the Service.

2. Eligibility

  1. Age Requirement: You must be at least the age of majority in your jurisdiction to use our Service. By using the Service, you represent and warrant that you have the legal capacity and authority to agree to these Terms.
  2. Organizational Use: If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. In such a case, “you” and “your” will refer to that entity.

3. Changes to the Terms

  1. Right to Modify: We reserve the right to modify or update these Terms at any time. When we do, we will post the revised Terms on our website or within our mobile application and update the “Effective Date” at the top.
  2. Acceptance of Changes: Your continued use of the Service following the posting of any changes constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service.

4. Description of the Service

Vocao is a language-learning platform that uses AI-driven conversation tools to help users practice speaking and comprehension skills.

  • We may offer subscription plans that include a set amount of monthly AI conversation time (e.g., 5 hours) and/or per-minute billing if you exceed or do not subscribe to a certain plan.
  • We may also introduce additional plans or features in the future, each subject to these Terms (and any plan-specific rules we post).

5. User Accounts

  1. Registration: You may need to create an account to access certain features. You agree to provide accurate, current, and complete registration information and to keep your account information updated.
  2. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

6. Subscription Plans & Billing

This Section applies to all subscriptions, per-minute billing, and any future payment models we implement.

  1. Subscription Options
    • We may offer multiple subscription tiers (e.g., monthly or annual plans) that include a specific number of AI speaking minutes/hours.
    • If you exceed your allotted AI time, we may charge per-minute overages or offer an option to purchase additional time.
    • We reserve the right to modify available subscription plans, their features, and pricing at any time, in accordance with these Terms.
  2. Auto-Renewal
    • Auto-Renewal: All subscription plans will automatically renew at the end of each billing cycle (e.g., monthly, annually) unless you cancel your subscription at least 24 hours before the end of the current period (or as required by your local law).
    • Billing Cycle: Subscription fees are charged to your chosen payment method (e.g., via Apple In-App Purchases) on a recurring basis according to your billing cycle.
  3. Per-Minute Charges (if applicable)
    • If you opt for a pay-as-you-go plan or exceed your allotted AI time, you agree to pay a per-minute fee for usage.
    • We will display or otherwise disclose the per-minute rate and how charges accumulate. By using the AI conversation feature beyond your subscription allowance, you consent to these charges.
  4. Pricing & Payment
    • All fees are displayed in your local currency or as otherwise indicated. Your total price may include taxes, fees, and currency exchange settlements.
    • You must provide a valid payment method. If your payment method fails or if your account is past due, we may suspend or terminate your access to the Service.
    • For iOS users, payments and refunds are generally handled by Apple. Please refer to Apple's terms for specific refund or payment processes.

7. Usage of AI Features

  1. AI Conversations: Our AI is designed to assist in language learning by simulating spoken or text-based conversations. While we strive for accuracy, we do not guarantee that AI responses will be free from errors.
  2. Fair Usage: You agree not to misuse the AI feature (e.g., using third-party bots, scraping, or excessive concurrent access that negatively impacts system performance).
  3. Recording & Privacy: If voice or text data is recorded or stored for quality and training purposes, our Privacy Policy will explain how we handle such data.

8. User Conduct

You agree that you will not use the Service to:

  1. Violate any applicable law, regulation, or contractual duty.
  2. Post or transmit any content that is unlawful, fraudulent, hateful, or otherwise objectionable.
  3. Infringe upon the rights of others, including intellectual property, privacy, or publicity rights.
  4. Attempt to interfere with or disrupt the Service or the servers or networks connected to the Service.
  5. Misrepresent your identity or affiliation with any person or organization.

9. User Content

  1. Ownership: You retain all rights to any original content you post, upload, or otherwise provide (“User Content”).
  2. License to Vocao: By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the User Content for the purpose of operating and improving the Service.
  3. Representations: You represent and warrant that you have all necessary rights to grant us the above license and that your content does not violate these Terms or any third-party rights.

10. Intellectual Property Rights

  1. Company Content: All content (other than User Content) provided on or through the Service, including text, design, logos, graphics, icons, images, and software, is the property of Vocao or our licensors.
  2. Trademarks: “Vocao,” the Vocao logo, and related names and logos are trademarks of Vocao. You may not use them without our prior written permission.

11. Third-Party Services & Links

We may provide links or access to third-party websites or services as a convenience. We do not endorse or assume any responsibility for such third-party sites or services. If you access third-party content, you do so at your own risk.

12. Disclaimer of Warranties

  1. “As-Is”: The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
  2. No Guarantee: We do not warrant that the Service will be uninterrupted, secure, or error-free, or that the AI responses will always be accurate or appropriate.

13. Limitation of Liability

  1. No Indirect Damages: To the maximum extent permitted by law, Vocao and its founders, directors, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages.
  2. Liability Cap: To the maximum extent permitted by law, the total liability of Vocao and its affiliates for any claim arising out of or related to these Terms is limited to the amount you paid to Vocao in the twelve (12) months before the liability arose.

14. Indemnification

You agree to indemnify, defend, and hold harmless Vocao and its affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service or your breach of these Terms.

15. Termination

  1. Termination by You: You may discontinue using the Service at any time.
  2. Termination by Us: We may suspend or terminate your access to the Service immediately if you violate these Terms or if we reasonably believe that your use may harm the Service, other users, or our interests.
  3. Survival: Upon termination, provisions of these Terms that by their nature should survive, including ownership provisions, disclaimers, and liability limitations, will remain in effect.

16. Governing Law & Dispute Resolution

  1. Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles.
  2. Dispute Resolution: Any dispute arising under these Terms shall be resolved through binding arbitration in [Wilmington, Delaware], unless prohibited by law. You agree to waive any right to a jury trial or to participate in a class action.
  3. Injunctive Relief: Nothing in these Terms prevents either party from seeking injunctive relief in a court of competent jurisdiction.

17. Miscellaneous

  1. Entire Agreement: These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Vocao regarding your use of the Service.
  2. Severability: If any provision of these Terms is found invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force.
  3. Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may freely assign our rights or obligations hereunder.
  4. Force Majeure: We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, or governmental orders.
  5. No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18. Contact Us

If you have any questions or concerns about these Terms or the Service, you can contact us at:

  • Email: support@vocao.ai
  • Mailing Address:
    Vocao, Inc.
    420 North French Street, , Suite 456
    Wilmington, DE 19801
    United States