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Terms of Use

Effective date:
Last updated:

These Terms of Use (the “Terms”) govern your use of the ¡Vale! mobile applications for iOS and Android (the “App”) and of our website (the “Website”; together with the App, the “Services”), provided by Sam Aitch Ltd (“we”, “us” or “our”). By downloading, accessing or using the Services, you (“you”) agree to these Terms. If you do not agree, do not use the Services.

Our App Privacy Policy and Website Privacy Policy explain how we handle personal information.

Contents

  1. Who we are
  2. Eligibility
  3. The Services
  4. Your licence to use the App
  5. Subscriptions, free trials and payments
  6. Your statutory rights
  7. Acceptable use
  8. Intellectual property
  9. About the content
  10. Third-party services
  11. Availability and changes to the Services
  12. Ending these Terms
  13. Our liability to you
  14. Changes to these Terms
  15. Governing law and disputes
  16. General
  17. Contact us

1. Who we are

The Services are provided by Sam Aitch Ltd, a company registered in England and Wales under company number 17463030, whose registered office is at 317 Newman Road, Sheffield, S9 1LW, United Kingdom. You can contact us at admin@samaitch.com.

2. Eligibility

You must be at least 16 years old to use the Services. The App teaches colloquial Spanish, which includes vulgar and offensive language, and is not intended for children.

3. The Services

The App helps you learn the colloquial Spanish spoken in Spain through recorded dialogues, explanations and exercises. The Website describes the App and explains individual expressions.

Some content in the App is available free of charge, including the first scene and the expression of the day. Other content requires a paid subscription (see section 5).

We may change, add to or remove content and features of the Services from time to time, for example to improve them or to reflect changes in law. Where a change significantly reduces what you have paid for, section 11 applies.

4. Your licence to use the App

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on devices that you own or control, for your own personal, non-commercial use, in accordance with the usage rules of the app store you obtained it from.

If you obtained the App from Apple’s App Store, your licence is also governed by Apple’s Licensed Application End User License Agreement (the “Apple EULA”). These Terms supplement the Apple EULA. If there is any conflict between them in relation to the iOS App, the Apple EULA prevails.

If you obtained the App from Google Play, Google Play’s terms of service also apply to your use of Google Play.

All rights not expressly granted to you in these Terms are reserved by us and our licensors.

5. Subscriptions, free trials and payments

Purchases. Subscriptions are sold and billed by Apple through the App Store, or by Google through Google Play, under their terms and payment policies. The price, billing period and any free trial are shown before you confirm your purchase. Payment is charged to your App Store or Google Play account when you confirm the purchase.

Automatic renewal. Your subscription renews automatically at the end of each billing period, at the price then in effect, unless you cancel it at least 24 hours before the end of the current period. Your account will be charged for renewal within the 24 hours before the current period ends.

Free trials. Where a free trial is offered, its length is shown before you start it. Unless you cancel at least 24 hours before the trial ends, it will convert automatically into a paid subscription and you will be charged. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

Managing and cancelling. You can manage or cancel your subscription at any time in your Apple ID settings (App Store) or your Google Play account settings. Cancelling stops future renewals; you keep access until the end of the period you have paid for. Deleting the App does not cancel your subscription.

Price changes. If the price of your subscription changes, you will be notified in accordance with the rules of the App Store or Google Play, and, where those rules require it, asked to agree to the new price before it applies.

Refunds. Payments are processed by Apple or Google, and refund requests are handled by them under their refund policies. We are unable to issue refunds directly. This does not affect your statutory rights (see section 6).

6. Your statutory rights

Nothing in these Terms affects your statutory rights as a consumer, including your rights under the UK Consumer Rights Act 2015 and, if you live in the European Union, the mandatory consumer protection laws of your country of residence.

If you live in the UK or the EU, you normally have a right to cancel a contract for digital content within 14 days. That right is lost once supply of the digital content begins with your express consent and your acknowledgement that you will lose the right. The App Store or Google Play may ask for that consent and acknowledgement when you purchase. Where the right to cancel applies, requests are handled by the app store through which you purchased.

7. Acceptable use

You agree not to:

  • copy, reproduce, distribute, publish, resell, sublicense or publicly display any part of the Services or their content, including dialogues, explanations, exercises and audio recordings, except as these Terms permit;
  • extract, scrape or download content from the Services by automated means;
  • use any content of the Services to train, test or develop artificial intelligence or machine-learning models;
  • decompile, reverse engineer or disassemble the App, except to the extent that the law allows this despite this restriction;
  • circumvent, disable or interfere with the App’s subscription, access or security features;
  • use the Services in any way that is unlawful, fraudulent or harmful, or to harass, abuse or threaten others.

8. Intellectual property

The Services and all their content, including text, dialogues, explanations, exercises, audio recordings, graphics, design, software and the ¡Vale! name and logo, are owned by us or our licensors and are protected by intellectual property laws. Apart from the licence in section 4 and your right to view the Website, these Terms do not grant you any rights in them.

If you send us feedback or suggestions about the Services, you agree that we may use them without restriction and without any obligation to you.

9. About the content

The Services explain how Spanish is spoken colloquially in Spain, including expressions that are rude, vulgar or offensive. This content is provided for language education. Explanations describe typical usage; how a particular expression is received depends on the people, the place and the situation, and we cannot guarantee how anyone will react to what you say.

Nothing in the Services is legal, medical, financial or other professional advice.

10. Third-party services

The Services rely on services provided by third parties, including Apple, Google, Cloudflare and Tenjin. Your use of those services is subject to their own terms and policies, and we are not responsible for them. The Website may contain links to other websites, which we do not control and for whose content we are not responsible.

11. Availability and changes to the Services

We aim to keep the Services available, but we do not guarantee that they will always be available or uninterrupted. We may need to suspend the Services, for example to fix problems or make changes.

We may stop providing the App, or part of it. If we do, we will give you reasonable notice where we can. If this means you cannot use content you have paid for, you may be entitled to a refund for the unused part of your subscription; refunds are handled under the app store’s refund policy and your statutory rights.

12. Ending these Terms

You may stop using the Services at any time. To end a subscription, cancel it through the App Store or Google Play (see section 5).

We may suspend or end your access to the Services if you seriously or repeatedly breach these Terms. Sections 7, 8, 13, 15 and 16 continue to apply after these Terms end.

13. Our liability to you

What we are responsible for. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or of our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if both you and we knew it might happen when you started using the Services.

What we do not exclude. We do not exclude or limit our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of your statutory rights as a consumer.

Personal use only. The Services are for personal, non-commercial use. We are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Limit. Subject to the above, our total liability to you in connection with the Services is limited to the total amount you paid for the Services in the 12 months before the event giving rise to the claim.

14. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in the Services or in the law. If we make material changes, we will give you reasonable notice before they take effect, for example on the Website or in the App. If you do not agree to the changes, you may stop using the Services and cancel your subscription. If you continue to use the Services after the changes take effect, you accept the updated Terms. The effective date and the date of the last update are shown at the top of this page.

15. Governing law and disputes

These Terms are governed by the law of England and Wales.

You can bring proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland, you can also bring proceedings in the Scottish courts; if you live in Northern Ireland, in the courts of Northern Ireland. If you live in the European Union, you will also benefit from any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.

If you have a complaint, please contact us first at admin@samaitch.com, so that we can try to resolve it informally.

16. General

Entire agreement. These Terms, together with our privacy policies and, for the iOS App, the Apple EULA, are the entire agreement between you and us about the Services.

Severability. If a court finds any part of these Terms invalid or unenforceable, the rest of the Terms will continue to apply.

No waiver. If we do not insist that you perform any of your obligations, or do not enforce our rights against you, or delay in doing so, that does not mean we have waived our rights.

Transfer. We may transfer our rights and obligations under these Terms to another organisation, and we will make sure that this does not reduce your rights. You may not transfer your rights or obligations under these Terms to anyone else.

Third-party rights. These Terms are between you and us. No other person has any right to enforce them, except as the Apple EULA provides in relation to Apple.

17. Contact us

If you have any questions about these Terms or the Services, contact us at admin@samaitch.com.