Please read these Terms of Service (the “Terms”), our Privacy Policy available at https://frenchtess.com, and all other documents referred to in the Terms carefully. By downloading, installing or using the App, or by clicking to agree to the Terms, you enter into a binding agreement with the Provider (the “Agreement”). If you do not agree to the Terms, you must not access or use the App or the Services.
1. Definitions
1.1. “Activity Materials” means any texts, prompts, questions, responses, exercises, translations, examples, explanations and other materials generated, suggested or provided by the Provider through the Services, including by means of AI Features.
1.2. “AI Features” means those parts of the Services that use generative artificial intelligence or similar technologies to generate, transform or suggest content in response to user inputs.
1.3. “Affiliate” means any person that directly or indirectly controls, is controlled by, or is under common control with another person.
1.4. “App” means the mobile application named FrenchTess, made available via the Apple App Store or Google Play Store.
1.5. “FrenchTess”, the “Provider” or “We” means JAIK s.r.o., with registered office at Primátorská 296/38, Libeň, 180 00 Praha 8, Czech Republic, ID number 21536112, registered with the Municipal Court in Prague under file no. C 435849.
1.6. “Chargeback” means rejecting, cancelling or contesting the charge of any amount payable in connection with the Services with a bank or card provider.
1.7. “Documentation” means materials made available at https://frenchtess.com describing the features or use of the App and/or the Services.
1.8. “Resultant Data” means data related to the use and performance of the App that the Provider collects, generates or derives. It does not include User Data.
1.9. “Subscription” means paid access to the Services acquired under these Terms.
1.10. “Services” means the language-learning and related services provided via the App and, where applicable, the website, including AI Features.
1.11. “Subscription start date” means the date you purchase or activate a Subscription.
1.12. “Third-Party Materials” means materials, services or software not created or owned by the Provider, including open-source software and third-party AI models.
1.13. “You” or the “User” means you as a user of the App or the Services.
1.14. “User Data” means data and content provided by you, or that the Provider receives from or on your behalf, through the App or Services. It does not include Resultant Data or Activity Materials.
2. License and access to Services
2.1. Eligibility. You may use the Services only if you can form a binding contract with the Provider and are at least the minimum age required to consent to processing of personal data in your country. Below the age of majority, you may use the Services only with the consent and supervision of a parent or legal guardian.
2.2. Account registration and security. You must provide accurate, complete information and keep it up to date. You are responsible for the confidentiality of your credentials and all activity under your account, and must promptly notify us at bonjour@frenchtess.com of any unauthorized use.
2.3. License grant. Subject to your compliance and payment of applicable fees, FrenchTess grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App and access the Services for your internal, non-commercial purposes, subject to the applicable Apple/Google store terms.
2.4. Third-Party Materials. The Services may contain or provide access to Third-Party Materials subject to additional terms. The Provider does not control and is not responsible for them.
2.5. License restrictions. You shall not: (a) rent, lease, sublicense, sell, distribute or commercially exploit the Services except as permitted in writing; (b) copy, modify, reverse engineer, decompile or derive the source code except as law permits; (c) share a Subscription, account or credentials, or circumvent licensing restrictions; (d) bypass or interfere with security or access-control features; (e) upload unlawful, infringing or harmful content or code; (f) adversely affect the operation of the Services; or (g) use the Services to infringe any right or violate any law.
2.6. Changes to the App and Services. The Provider may develop patches, updates and modifications. You may need to install Updates to keep using the App. The Provider may modify, suspend or discontinue features where reasonably necessary, with advance notice of material changes where practicable.
2.7. Sanctions and export control. The Services may not be accessed by anyone subject to sanctions or located where such access is prohibited under applicable sanctions or export-control laws.
2.8. Suspension and termination of access. The Provider may suspend, terminate or restrict access where required by a binding order, where it reasonably believes you have breached these Terms or engaged in fraudulent, abusive or unlawful activity, or where you fail to pay or a Chargeback is received.
3. Subscription, fees and payment
3.1. Subscription required. To access the Services you must have an active Subscription, purchased via our website (e.g. Stripe, RevenueCat) or via the App through the Apple App Store or Google Play Store.
3.2. Free trial. We may offer a free trial. At its end your Subscription automatically converts into a paid Subscription at the then-current fee unless you cancel before the trial ends.
3.3. Term, renewal and cancellation. Subscriptions are offered monthly or annually and renew automatically unless cancelled. Store-purchased Subscriptions are managed and cancelled in the relevant app store settings. Cancellation takes effect at the end of the current paid period; fees already paid are non-refundable except where mandatory law provides otherwise.
3.4. Fees and price changes. You pay the fees in effect when you order. We may change fees with at least 30 days' notice; changes apply from the next period. Continued use after a change constitutes acceptance.
3.5. Payments and taxes. Website payments are processed by partners such as Stripe or RevenueCat; in-app payments by Apple or Google. All fees are exclusive of VAT and other applicable taxes unless stated otherwise.
3.6. Refunds. Unless stated otherwise or required by mandatory law, all fees are non-cancellable and non-refundable. Store refund requests are handled under the relevant store's policy. This does not affect statutory consumer rights that cannot be excluded.
3.7. Chargebacks. A Chargeback is a breach of your payment obligations and may result in immediate suspension or restriction of access.
4. Representations, warranties and disclaimers
4.1. The Provider represents it is duly organized under the laws of the Czech Republic. You represent you have the legal capacity to enter into the Agreement.
4.2. You represent and warrant that you hold all rights, licenses and consents necessary for the Provider to process User Data, and that such processing will not violate any third-party right or applicable law.
4.3. Disclaimer. To the maximum extent permitted by law, the App and Services are provided “as is” and “as available”, with all faults. The Provider disclaims all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. If you are a consumer, nothing here excludes rights that cannot be excluded under applicable consumer law.
5. Indemnification
5.1. You shall indemnify, defend and hold harmless the Provider and its Affiliates against any third-party claim arising from User Data, your breach of the Agreement, or any negligent or more culpable act or omission by you.
5.2. The Provider will promptly notify you of any claim for which it seeks indemnification; delay will not relieve you of your obligations.
6. Limitation of liability
6.1. To the maximum extent permitted by law, the Provider and its Affiliates will not be liable for loss of business, revenue or profit; impairment or interruption of the Services; loss or corruption of data; cost of substitute services; or any consequential, incidental, indirect, exemplary, special or punitive damages.
6.2. Use of generative AI. AI Features may generate or suggest content in response to your inputs. Your inputs are User Data; generated content forms part of the Activity Materials owned by the Provider, and you are granted a limited license to use it for personal learning only. You must not use Activity Materials to train AI models or for any competing purpose.
6.3. No advice. AI Features support language learning only and do not provide medical, psychological, legal, financial or other professional advice. Outputs may be incomplete, inaccurate or misleading; you must not rely on them as a sole factual source. If you believe you or someone else may be in immediate danger, contact your local emergency number immediately.
6.4. Cap on liability. To the maximum extent permitted by law, the Provider's aggregate liability will not exceed the greater of (a) the total Subscription fees you paid in the 12 months preceding the event giving rise to the claim, or (b) one hundred (100) USD.
6.5. Non-excludable liability. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including for death or personal injury caused by negligence, willful misconduct, gross negligence, or fraud. Mandatory consumer-protection rights apply in addition to and prevail over these limitations.
7. Term and termination
7.1. The Agreement is concluded for an indefinite period and remains in force until terminated. Termination automatically ends any current Subscription and access to paid Services. Subscriptions renew automatically unless cancelled.
7.2. Either party may terminate for the other's uncured material breach (30 days' notice). The Provider may terminate immediately for non-payment, breach of Sections 2 or 3, or insolvency.
7.3. On termination, all licenses end, the Provider may disable access and close accounts, and may erase User Data subject to mandatory retention requirements.
7.4. Survival. Provisions that by their nature should survive (accrued fees, intellectual property, confidentiality, disclaimers, indemnification and limitations of liability) survive termination.
8. Platform terms (Apple App Store and Google Play)
8.1. These Terms are concluded solely between you and the Provider, not Apple or Google. The Provider is solely responsible for the App and its content. Where they conflict with non-modifiable Platform terms, the Platform terms prevail.
8.2. The license is limited to use on devices you own or control, in accordance with the applicable Apple/Google terms.
8.3. The Provider is solely responsible for maintenance and support; Apple and Google have no such obligation.
8.4. For App Store warranty failures, Apple may refund the purchase price; otherwise Apple has no warranty obligation.
8.5–8.6. The Provider, not Apple or Google, is responsible for product, legal-compliance, consumer and intellectual-property claims relating to the App.
8.7. You represent you are not located in an embargoed country and are not on any U.S. prohibited-party list.
8.8. The Provider is JAIK s.r.o., Primátorská 296/38, Libeň, 180 00 Prague 8, Czech Republic, ID number 21536112. Questions and claims should be directed to bonjour@frenchtess.com.
8.10. Apple and Google (and their subsidiaries) are third-party beneficiaries of these Terms and may enforce them against you.
9. Final provisions
9.1. Entire Agreement. The Agreement is the parties' entire agreement and supersedes prior agreements on the same subject matter.
9.2. Assignment. You may not assign the Agreement without the Provider's consent. The Provider may assign it to an Affiliate or in connection with a merger or sale of business.
9.3. Force Majeure. The Provider is not liable for delays caused by circumstances beyond its reasonable control.
9.4. Changes to the Terms. The Provider may revise these Terms and will notify you by email and/or within the Services. Continued use after the effective date constitutes acceptance.
9.5. Notices. Notices to the Provider go to bonjour@frenchtess.com; notices to you may be sent to the email associated with your account.
9.7. Severability. If any provision is held invalid, it will be modified to the minimum extent necessary or severed, without affecting the remaining provisions.
9.8. Governing law and jurisdiction. The Agreement is governed by the laws of the Czech Republic, and any dispute will be brought before the courts of the Czech Republic. If you are a consumer resident in the EU, this does not deprive you of mandatory protections of your country of residence.