Terms of Service for SayWaader

Last Updated: Jan 16, 2026

Welcome to SayWaader! These Terms of Service (“Terms”) govern your access to and use of the SayWaader mobile application, our website located at saywaader.com (“Website”), and any related services (collectively, the “Service”) provided by RokaByte LLC (“RokaByte,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, BROWSING, DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

1. Acceptance of Terms

By accessing or using SayWaader, you confirm that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and you still affirm you are 18 years of age or older. The Service is not intended for and should not be used by individuals under the age of 18.

2. License to Use the Service

Scope of License

The Service is licensed, not sold, to you. Subject to your compliance with these Terms, RokaByte grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service for your personal, non-commercial use on any compatible device that you own or control.

License Restrictions

Except as expressly permitted in these Terms, you may not: (i) distribute or make the Service available over a network where it could be used by multiple devices at the same time; (ii) transfer, redistribute or sublicense the Service; (iii) copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). If you sell a device on which the Service is installed, you must remove the Service from the device before doing so. RokaByte reserves all rights in and to the Service not expressly granted to you under these Terms.

3. Service Description

SayWaader is an AI-powered platform (the “Service”) designed to assist users with practicing pronunciation and accent improvement through analysis of your inputs (such as audio recordings) and feedback. The Service is intended solely for educational and self-improvement purposes.

MEDICAL DISCLAIMER: THE SERVICE IS NOT A MEDICAL DEVICE, NOR DOES IT PROVIDE SPEECH PATHOLOGY, SPEECH THERAPY, OR MEDICAL DIAGNOSIS/TREATMENT. Our AI feedback is for educational purposes only and does not constitute a diagnosis of speech disorders, hearing impediments, or any medical condition. Do not use the Service as a substitute for professional speech pathology or medical advice. RokaByte expressly disclaims any liability for reliance on the Service for therapeutic or clinical purposes.

The specific features, tools, and functionalities offered through the Service are dynamic and may be modified, added to, or removed at RokaByte’s sole discretion as the Service evolves. The Service utilizes artificial intelligence and relies on third-party AI models and cloud infrastructure to deliver its functionalities, as further detailed in Section 7 (Artificial Intelligence Features).

4. Account Registration and Security

Account Creation

To use most features of SayWaader, you must register for an account using Google Sign-In or Apple Sign-In. You agree to provide accurate, current, and complete information during the registration process.

Account Responsibility

You are responsible for safeguarding your account credentials. You agree to maintain the security of your account by protecting your password and restricting access to your account and your devices. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities. You agree to notify us immediately of any unauthorized use of your account.

5. User Tiers and Subscriptions

SayWaader offers different tiers of service to access our features:

  • Free Tier: Access to basic features with a limited monthly allocation of Credits.
  • Pro and Ultra Tiers (Subscription): Access to premium content, exclusive practice tools, and higher monthly allocations of Credits (as specified in the subscription description at the time of purchase). These tiers require a paid subscription.

Credits (Virtual Items) The Service utilizes a credit system (“Credits”) to access metered features (such as generating analysis, receiving feedback, or other consumable services). You acknowledge and agree that:

  • License Only: Credits are a limited, non-transferable, non-sublicensable, revocable license to use digital features within the App. Credits have no monetary value, are not your property, and cannot be exchanged for cash.
  • Reset: Credits allocated via Subscriptions reset at the beginning of each billing cycle. Unused credits do not rollover to the next billing period.
  • Exhaustion: If you exhaust your Credits, you must wait for the next reset cycle or upgrade your tier to continue using the features.
  • Consumption: Credits are consumed upon the attempt to use a feature. We are not liable for Credits lost due to network errors, processing failures, or if you are dissatisfied with the results.

Subscription Terms

  • Billing: Subscription fees are billed in advance on a recurring basis through the Apple App Store or Google Play Store, managed via RevenueCat. You authorize the respective app store to charge your selected payment method.
  • Auto-Renewal: Your subscription (Pro or Ultra) will automatically renew at the end of each billing cycle unless you cancel it through your app store account settings before the renewal date.
  • Price Changes: RokaByte reserves the right to change subscription fees. We will provide you with at least thirty (30) days’ advance notice of any fee changes. Your continued use of the paid tiers after a fee change constitutes your agreement to the new fee.
  • Cancellations: You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing period. You will retain access to your tier benefits until then.
  • No Refunds: Subscription fees are non-refundable, except as required by applicable law or as determined by Apple or Google’s refund policies. No refunds or credits will be provided for partial subscription periods, unused service, unused Credits, or if your account is terminated due to a violation of these Terms. This no-refund policy applies to the maximum extent permitted by applicable law. This policy is subject to mandatory rights and remedies consumers may have under local law, including as set forth in Section 22 (Jurisdiction-Specific Terms).
  • Promotions: We may offer promotional discounts. Any specific terms related to promotions will be disclosed at the time of the offer.

6. User Content and Intellectual Property

Your Content

You retain ownership of the practice data, text, voice recordings, and other content you create, input, or upload to SayWaader (“User Content”).

User Warranties:

You represent and warrant that: a. You own or have all necessary licenses, rights, consents, and permissions to submit your User Content and to grant the rights granted herein; b. Your User Content, and RokaByte’s use of such User Content as contemplated by these Terms, will not infringe, misappropriate, or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and c. Your User Content complies with these Terms and all applicable laws.

License to RokaByte for User Content

By using SayWaader, you grant RokaByte a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purposes of operating, providing, improving, and developing the Service. This includes using your User Content to enable the functionalities of the Service, which involves sending it to and processing by third-party AI service providers. RokaByte itself does not use your identifiable User Content to train its own proprietary AI models (if any). The use of your User Content by such third-party AI providers, including for their own purposes like model training, is governed entirely by their respective terms and privacy policies, which may change over time and are not controlled by RokaByte. We encourage you to review the terms and policies of these providers, which are further detailed in Section 7 and in our Privacy Policy. Aggregated and anonymized User Content may be used by RokaByte for analytical purposes and to improve the Service, subject to our Privacy Policy.

Local Storage and Data Responsibility

You acknowledge that SayWaader operates on a “Local-First” architecture.

  • No Cloud Archive: Unlike cloud-based storage services, SayWaader stores your User Content (including audio recordings, practice history, and other inputs) AND any AI-Generated Content (such as pronunciation scores and feedback) locally on your device (via SQLite and the file system). RokaByte does not maintain a central cloud backup of your recordings or your feedback history.
  • Risk of Loss: If you delete the App, uninstall it, reset your device, or lose your device, ALL your recordings and the associated AI feedback/scores will be permanently lost. RokaByte cannot recover this data for you. You acknowledge that the Service is not a backup service. ROKABYTE DISCLAIMS ALL LIABILITY FOR THE LOSS, CORRUPTION, OR DELETION OF USER CONTENT OR AI-GENERATED CONTENT STORED LOCALLY, REGARDLESS OF CAUSE, INCLUDING SYSTEM ERRORS, BUGS, OR APP UNINSTALLATION.

AI-Generated Content

Content generated by the Service’s artificial intelligence features based on your User Content or prompts is referred to as “AI-Generated Content.” Specific terms regarding AI-Generated Content are detailed in Section 7 (Artificial Intelligence Features).

RokaByte’s Intellectual Property

The Service, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, software, AI models (to the extent owned by or licensed to us directly, distinct from third-party provider models), and all intellectual property rights therein, are and will remain the exclusive property of RokaByte LLC and its licensors. You may not copy, modify, distribute, sell, or lease any part of our Service or included software. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant RokaByte an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

7. Artificial Intelligence Features

The Service incorporates artificial intelligence (“AI”) and large language model (“LLM”) technologies, often from third-party providers, to offer various features. You acknowledge and agree to the following:

  • Nature of AI: AI and LLM technologies are experimental and constantly evolving. The performance, capabilities, accuracy, and limitations of AI features within the Service may change over time, sometimes without notice.
  • AI-Generated Content:
    • License: Subject to your compliance with these Terms, RokaByte grants you a license to use the AI-Generated Content created for you through the Service for your personal or internal business purposes.
    • No Exclusivity: AI-Generated Content may be similar or identical to content generated for other users, and you do not obtain exclusive rights to such content.
    • Accuracy and Reliability: AI-Generated Content may contain inaccuracies, errors, biases, or inconsistencies and may produce unexpected or offensive outputs. It is provided for informational and creative purposes only. ROKABYTE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF ANY AI-GENERATED CONTENT. SPECIFICALLY, AI SCORING OF PRONUNCIATION IS EXPERIMENTAL AND SUBJECTIVE. THE AI MAY MISINTERPRET ACCENTS, BACKGROUND NOISE, OR DIALECTS. FEEDBACK SCORES SHOULD BE VIEWED AS ESTIMATES FOR PRACTICE PURPOSES ONLY, NOT AS AUTHORITATIVE LINGUISTIC EVALUATIONS.
    • User Responsibility: You are solely responsible for evaluating, validating, and verifying any AI-Generated Content before relying on or using it. You should not rely on AI-Generated Content for critical decisions, or for professional, legal, medical, financial, or other specialized guidance without independent verification.
    • No Liability: RokaByte disclaims all liability for any actions you take or decisions you make based on AI-Generated Content. Your use of AI-Generated Content is at your own risk.
    • Disclosure: If you choose to publish or share AI-Generated Content outside of the Service, we encourage you to disclose its AI-assisted origin where appropriate and in accordance with responsible AI practices.
  • Third-Party AI Providers and Their Terms:
    • To provide certain AI-powered features, SayWaader sends relevant User Content to, and processes it through, third-party AI service providers. Your use of these AI features means you are also subject to the terms and conditions of these providers.
    • Currently, our key third-party AI provider for such features is Google, and we utilize their Google Gemini API. Their terms of service can be found at: https://ai.google.dev/gemini-api/terms (or any successor URL Google may provide).
    • Data Handling by Third Parties: The data handling practices of Google (including for AI model training) are governed by their terms and privacy policies, not RokaByte’s. As detailed in our Privacy Policy, Google’s terms for this specific paid service (as of our last review) state that your content is not used to improve their general AI models.
    • Terms Subject to Change and Your Responsibility: These third-party terms are subject to change by Google at any time, and RokaByte does not control and is not responsible for the practices or terms of Google or any other third-party AI provider. We encourage you to review their terms and policies directly and regularly.
    • Future Providers: If we integrate other key third-party AI providers for core functionalities in the future, we will endeavor to update this section or direct you to our Privacy Policy for such information.

8. Acceptable Use and Prohibited Conduct

You agree not to:

  • Use the Service for any illegal or unauthorized purpose, or in violation of any applicable laws (including but not limited to copyright, privacy, and export control laws).
  • Input, upload, generate, or share any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service or its AI components, except to the extent that such activities are expressly permitted by applicable law.
  • Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
  • Attempt to gain unauthorized access to the Service, other users’ accounts, or our computer systems or networks.
  • Transmit any worms, viruses, trojan horses, malware, or any code of a destructive or disruptive nature.
  • Attempt to circumvent any usage limits, security measures, or access restrictions of the Service.
  • Use the Service, its outputs, or any AI-Generated Content to develop, train, or improve any machine learning models or related artificial intelligence technology, whether your own or a third party’s.
  • Use the Service to develop a competing product or service.
  • Scrape, data mine, or extract data from the Service in a way that is not intended or permitted.
  • Exceed the usage limits applicable to your account tier.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Use the Service to generate spam, unsolicited messages, or content that promotes harmful activities or disinformation.
  • Engage in any other conduct that RokaByte, in its sole discretion, deems to be disruptive, harmful, or otherwise in violation of these Terms or the spirit of the Service.

9. Third-Party Services and Content (Non-AI)

Beyond the AI providers covered in Section 7 and detailed in our Privacy Policy, SayWaader may integrate with or rely on other third-party services, including but not limited to:

  • Cloud hosting and database services (e.g., Firebase).
  • Authentication services (Google Sign-In, Apple Sign-In).
  • Subscription management (RevenueCat).

Your use of these third-party services is at your own risk and may be subject to their respective terms and privacy policies. RokaByte is not responsible for the practices, content, or availability of these third-party services.

10. Service Availability and Maintenance

RokaByte will use reasonable efforts to keep the Service operational. However, you acknowledge and agree that the Service may be subject to temporary interruptions or periods of unavailability due to maintenance (whether scheduled or emergency), repairs, updates, upgrades, network or equipment failures, or other causes beyond or within our reasonable control. We reserve the right to suspend, discontinue, modify, or limit access to the Service or any part of it, with or without notice, at any time and for any reason, including but not limited to, for conducting maintenance, implementing updates or upgrades, addressing security concerns, or improving the Service. You agree that RokaByte will not be liable to you or to any third party for any modification, suspension, discontinuance, or limitation of the Service, or any loss of data or User Content resulting therefrom, except as may be expressly agreed by RokaByte in writing or as strictly required by applicable law. Generally, no refunds or credits will be offered for any Service interruptions, downtime, or unavailability, including those resulting from maintenance, technical issues, or Service modifications. This applies whether such interruptions are scheduled or unscheduled, and regardless of their duration, to the maximum extent permitted by applicable law. Notwithstanding the foregoing, for paying subscribers, in the event of a significant, prolonged, and material paid-service interruption that is directly and solely attributable to RokaByte’s fault (and not due to factors outside our reasonable control, your actions, or third-party service failures impacting the broader internet or our essential suppliers), RokaByte may, at its sole discretion, consider providing a pro-rata credit or refund for the unused portion of the affected subscription period. Any such consideration will be determined on a case-by-case basis.

Nothing in this section shall be deemed to limit any mandatory refund rights you may have under applicable consumer protection laws or the policies of the app store through which you subscribed (e.g., Apple App Store, Google Play Store), which will take precedence if they provide greater rights.

11. Abuse Detection and Service Discontinuation

RokaByte monitors for abuse of the Service. We reserve the right to investigate suspected violations of these Terms. We may suspend or terminate your access to the Service immediately, without prior notice or liability, if we determine, in our sole discretion, that you have violated these Terms, abused the Service, or engaged in any conduct that we deem harmful to the Service, other users, or our interests.

12. Account Deactivation and Data Deletion

Inactive Accounts

RokaByte reserves the right to deactivate and delete accounts that have been inactive for a continuous period of twelve (12) months. An account is deemed inactive if you have not logged in during that period. We will attempt to notify you via your registered email address at least thirty (30) days before deleting an inactive account. If your account is deleted by RokaByte due to inactivity, you are permitted to register a new account in the future.

Termination by You

You may terminate your account at any time by contacting us as specified in the “Contact Us” section or, if available, through account settings.

  • Irreversible Action: You acknowledge that deleting your account is a permanent, irreversible action.
  • No Re-registration: If you voluntarily terminate your account, you are prohibited from re-registering a new account using the same credentials (e.g., the same email address, Google ID, or Apple ID) associated with the deleted account. RokaByte reserves the right to permanently block any re-registration attempts associated with a voluntarily deleted identity. You acknowledge that this policy is a core security measure to prevent abuse of the Service’s Free Tier and credit allocations.

Effect of Termination

Upon termination, your right to use the Service and all licenses granted to you by RokaByte hereunder will immediately cease. Except as may be required by applicable law or as expressly stated in our Privacy Policy, RokaByte will have no obligation to maintain or provide you with access to your User Content or other account data after termination, and we may delete your User Content and other account data in accordance with our Privacy Policy and data retention practices. Notwithstanding the foregoing, if you voluntarily terminate your account, you agree that RokaByte may retain a persistent cryptographic hash or identifier of your credentials solely for the purpose of enforcing the “No Re-registration” policy and as a fraud prevention measure. RokaByte is not responsible for any loss of data resulting from account termination.

Survival

Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ROKABYTE DOES NOT WARRANT THAT:

A. THE SERVICE WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; B. ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR C. THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

(FOR SPECIFIC DISCLAIMERS RELATED TO AI-GENERATED CONTENT, PLEASE SEE SECTION 7: ARTIFICIAL INTELLIGENCE FEATURES).

LOCAL STORAGE NOTICE: SAYWAADER STORES YOUR USER CONTENT (INCLUDING RECORDINGS), GENERATED FEEDBACK AND PRACTICE HISTORY LOCALLY ON YOUR DEVICE. THIS DATA IS NOT SYNCED TO THE CLOUD. IF YOU DELETE THE APP, UNINSTALL IT, OR LOSE YOUR DEVICE, YOUR RECORDINGS AND HISTORY WILL BE PERMANENTLY LOST AND CANNOT BE RECOVERED BY ROKABYTE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM APP DELETION OR DEVICE FAILURE.

THE SERVICE IS NOT INTENDED FOR USE IN OR IN CONNECTION WITH ANY HIGH-RISK ACTIVITIES OR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH-RISK ACTIVITIES”). YOU AGREE NOT TO USE THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK ACTIVITIES.

For some jurisdictions, these disclaimers may be subject to non-excludable consumer rights, as further detailed in Section 22 (Jurisdiction-Specific Terms).

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROKABYTE LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ROKABYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

A. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; B. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING AI-GENERATED CONTENT; C. ANY USER CONTENT OBTAINED FROM THE SERVICE; D. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; E. THE ACTS, OMISSIONS, OR DATA PROCESSING PRACTICES OF THIRD-PARTY AI PROVIDERS, OR ANY ERRORS, BIASES, OR INACCURACIES IN AI-GENERATED CONTENT; OR F. ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL ROKABYTE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) OR (II) THE AMOUNTS PAID BY YOU TO ROKABYTE FOR USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

These limitations are subject to any non-excludable liability under applicable local law, as further detailed in Section 22 (Jurisdiction-Specific Terms).

15. Indemnification

You agree to defend, indemnify, and hold harmless RokaByte LLC and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that your User Content caused damage to a third party or infringed any third party’s intellectual property rights; or (e) your use of AI-Generated Content in violation of these Terms or applicable law. This defense and indemnification obligation will survive these Terms and your use of the Service.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Jose, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This section shall apply to the maximum extent permitted by the laws of your jurisdiction.

YOU AND ROKABYTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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.

This section is subject to any mandatory local law rights for consumers, as further detailed in Section 22 (Jurisdiction-Specific Terms).

17. U.S. Government Restricted Rights

If you are a U.S. government entity, our Service is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR 52.227-19 (Commercial Computer Software - Restricted Rights) and DFARS 227.7202 (Rights in Commercial Computer Software or Commercial Computer Software Documentation).

18. Export Compliance and Restrictions

You acknowledge and agree that your use of the Service is subject to all applicable export and re-export control laws and regulations, including those of the United States and the jurisdiction from which you access the Service. You are solely responsible for complying with these laws. In particular, you must not export or re-export the Service to (a) any country or territory subject to a U.S. Government embargo, or (b) any individual or entity on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce’s Denied Persons or Entity Lists. By using the Service, you affirmatively represent and warrant that you are not located in any such embargoed country and that your name does not appear on any such government list of restricted parties. Furthermore, you agree that you will not use the Service for any purpose prohibited by United States law, including but not limited to the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

19. Changes to Terms

RokaByte reserves the right, at its sole discretion, to modify or replace these Terms at any time. If we make changes we determine to be material, we will endeavor to notify you before such changes become effective. Notification methods may include updating the “Last Updated” date at the top of these Terms, providing notice through the Service (such as a pop-up or announcement), or, where we deem it appropriate for significant changes or if required by applicable law, by sending a notification to your registered email address. The timing and method of notice will be at our reasonable discretion, taking into account the nature of the changes and applicable legal requirements. It is your responsibility to review these Terms periodically for changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

20. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and RokaByte concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
  • No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RokaByte’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
  • Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RokaByte without restriction.
  • Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
  • Force Majeure: RokaByte shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RokaByte’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
  • No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  • Language and Communications: This Agreement is drafted in the English language. By using the Service, you acknowledge and agree that: (i) the English language version of this Agreement governs your relationship with RokaByte; (ii) any translations provided are for convenience only; and (iii) official communications will be provided in English. If you do not understand English, you agree that you have taken the necessary steps to translate and understand this Agreement prior to accepting it. You expressly waive any right to claim that this Agreement is invalid due to language barriers.

21. Additional Terms for Mobile Applications

The following terms apply if you access or download the Service from a mobile application platform (an “App Provider”).

21.1. Terms Applicable to the Apple App Store

If you access or download the Service from the Apple App Store, you agree to the following additional terms:

  • Acknowledgement: You and RokaByte acknowledge that these Terms are concluded between you and RokaByte only, and not with Apple Inc. (“Apple”). RokaByte, not Apple, is solely responsible for the Service and its content.
  • Scope of License: The license granted to you in Section 2 of these Terms is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  • Maintenance and Support: RokaByte is solely responsible for providing any maintenance and support services for the Service as specified in these Terms or required by law. You and RokaByte acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
  • Warranty: RokaByte is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 13 of these Terms. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be RokaByte’s sole responsibility.
  • Product Claims: You and RokaByte acknowledge that RokaByte, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual Property Rights: You and RokaByte acknowledge that in the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, RokaByte, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. This supplements Section 18 of these Terms.
  • Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Service. For example, you must not be in violation of your wireless data service agreement when using the Service.
  • Third-Party Beneficiary: You and RokaByte acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

21.2. Terms Applicable to the Google Play Store

If you access or download the Service from the Google Play Store, you agree to the following additional terms:

  • Acknowledgement: You acknowledge that these Terms are between you and RokaByte only, and not with Google, Inc. (“Google”). Your use of the Service must comply with the then-current Google Play Developer Distribution Agreement.

  • Refunds: Any requests for refunds are subject to the then-current refund policies of the Google Play Store.

  • Indemnification: To the extent there is a conflict between the Google Play Developer Distribution Agreement and these Terms with respect to indemnification, the Google Play Developer Distribution Agreement shall take precedence.

22. Jurisdiction-Specific Terms

For users residing in certain jurisdictions, the following terms apply and shall supersede any conflicting terms in this Agreement to the extent required by applicable law.

22.1. Australia and New Zealand

If you are a consumer under Australian or NZ Consumer Laws:

  1. Guarantees: Our services come with guarantees that cannot be excluded under the Australian Consumer Law or NZ Consumer Guarantees Act. The provisions of Section 13 (Disclaimers of Warranties) and Section 14 (Limitation of Liability) are subject to these non-excludable rights.
  2. Remedies: For a major failure of the Service to comply with a consumer guarantee, you are entitled to cancel your subscription and receive a refund for any unused portion. You may also be entitled to compensation for any other reasonably foreseeable loss or damage. For a failure that is not a major failure, we reserve our right to choose to remedy the failure in a reasonable time.
  3. Conflict: The “No Refunds” policy in Section 5 does not limit any rights or remedies you may have for a breach of a consumer guarantee.

22.2. Canada

  1. Dispute Resolution: The choice of California law and jurisdiction in Section 16 will not deprive you of any protection afforded to you by the mandatory provisions of the consumer protection laws of your province or territory of residence.
  2. Language: The parties have expressly requested that these Terms and all documents and notices relating thereto be drafted in English. Les parties ont expressément exigé que les présentes modalités et tous les documents et avis y afférents soient rédigés en anglais.

22.3. United Kingdom and Switzerland

  1. Right to Cancel: You have the statutory right to cancel your order within 14 days from the date of purchase. To exercise this right, you must contact us at support@rokabyte.com.
  2. Loss of Right: By downloading the App, logging in, or consuming Credits during the 14-day period, you expressly request that the supply of the digital content begin immediately. You acknowledge that you lose your right to cancel once the supply of the content has begun.

22.4. Taiwan

  1. Right of Rescission: Pursuant to Article 19 of the Consumer Protection Act, you have the right to rescind the purchase of digital content within seven (7) days of purchase. To exercise this right and request a refund, please contact support@rokabyte.com.

22.5. South Korea

  1. Right of Withdrawal: In accordance with the Act on the Consumer Protection in Electronic Commerce, you may withdraw your subscription offer within seven (7) days of purchase, provided that you have not used any Credits or accessed paid content.
  2. Age Limitation: THE SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER 18. By accessing the Service, you represent and warrant that you are at least 18 years of age.

22.6. India

  1. Grievance Officer: In compliance with the Information Technology Act, the name and contact details of the Grievance Officer are provided in our Privacy Policy.
  2. Dispute Resolution: Disputes may be referred to the exclusive jurisdiction of the courts in California, subject to any mandatory rights you may have to file complaints with the appropriate Consumer Disputes Redressal Commission in India.

22.7. Singapore

  1. Liability: Nothing in these Terms shall exclude or restrict RokaByte’s liability for death or personal injury resulting from negligence, as prohibited by the Unfair Contract Terms Act.

22.8. Japan

  1. Consumer Contract Act: Any limitation of liability in Section 14 that fully exonerates RokaByte from liability, or limits liability for gross negligence or intentional misconduct, shall not apply where prohibited by the Consumer Contract Act.
  2. Virtual Items: Prepaid Credits are not “Prepaid Payment Instruments” under the Payment Services Act unless otherwise expressly stated.

22.9. Malaysia

  1. Language: You agree that these Terms are presented in English. In the event of any discrepancy between the English version and any translation, the English version shall prevail (to the extent permitted by the National Language Act).

22.10. Indonesia

  1. Language Waiver: You formally waive any requirement under Law No. 24 of 2009 to have these Terms executed in Bahasa Indonesia. You agree that the English version is binding and enforceable.

22.11. Brazil and Chile

Right of Withdrawal: You have a statutory right to withdraw from your subscription purchase within seven (7) days (Brazil) or ten (10) days (Chile) from the date of purchase. To exercise this right, contact support@rokabyte.com.

22.12. Exclusion of EEA (European Economic Area)

Prohibited Use: This Service is NOT intended for, nor marketed to, residents of the European Economic Area (EEA), which includes the European Union (EU), Norway, Iceland, and Liechtenstein. Void Agreement: If you are a resident of the EEA, you are prohibited from entering into this Agreement. Any attempt by an EEA resident to register, subscribe, or use the Service is void ab initio. Termination: RokaByte reserves the right to immediately terminate the account and block access of any user identified as an EEA resident, without refund or liability.

Clarification: This prohibition does not apply to the United Kingdom or Switzerland. Residents of the UK and Switzerland are authorized to use the Service subject to Section 22.3.

22.13. Rest of World

If you are accessing the Service from any other jurisdiction (including but not limited to Mexico, Philippines, Thailand, Laos, Hong Kong, UAE, South Africa, Nigeria, Kenya):

  1. Consumer Rights: RokaByte acknowledges that you may have statutory rights under the laws of your jurisdiction which cannot be waived by contract. These Terms will not limit such non-waivable rights.
  2. Governing Law: To the fullest extent permitted by local law, you agree that your relationship with RokaByte is governed by the laws of the State of California, USA.

23. Contact Us

If you have any questions about these Terms, please contact us at:

RokaByte LLC

Email: support@rokabyte.com