Terms of Use

1. The Services

TellApart is an English listening trainer. It uses minimal pairs, words that differ by a single sound, to train you to hear the difference between English sounds. Its method is supported by published research on listening training, but results vary from person to person, and we do not guarantee any particular result, such as an improvement in a test score.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you need permission from a parent or guardian.

3. License

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, for your own non-commercial learning. If you got the App from the Apple App Store, this license is also subject to the Usage Rules in Apple's Media Services Terms and Conditions.

4. The one-time purchase

The App is free to download. A one-time purchase unlocks everything:

• It unlocks all collections available in the App when you buy. It is not a subscription and never renews.
• It is sold and billed by Apple (App Store) or Google (Google Play) and is subject to their terms. The price is shown in the App before you buy.
• It is tied to your App Store or Google Play account. After reinstalling the App or moving to a new device with the same account, use the App's restore option.
• Refunds are handled by Apple or Google under their refund policies. We cannot issue refunds ourselves, except where applicable law requires it.
• We may change the price for future purchases. This does not affect a purchase you have already made.

5. Changes to content

We may add, change or remove collections, words, recordings and features, for example to fix errors or improve quality. We may also change or stop offering the Services. This does not affect any rights you have under applicable consumer law.

6. Acceptable use

When using the Services, you agree not to:

• use them for anything unlawful or to harm others;
• copy, redistribute, resell or publish their content, including audio recordings and word lists, without our written permission;
• reverse engineer, decompile or modify the App, except where the law allows it;
• interfere with the normal operation of the Services, for example by downloading audio with automated tools.

7. Intellectual property

The Services and their content, including the App, audio, word lists, text, design and the TellApart name, belong to us or our licensors and are protected by copyright and trademark laws. These Terms do not transfer any of these rights to you.

8. Third-party services

The Services rely on third parties, including Apple and Google (app distribution and payments), Google Firebase (analytics and audio delivery), RevenueCat (purchase management) and Vercel (Website hosting). Their own terms and privacy policies apply to their services, and we are not responsible for their practices or availability.

Downloading audio needs an internet connection. If you use mobile data, your carrier's charges, including roaming charges, apply, and you are responsible for them.

9. App store terms

If you downloaded the App from the Apple App Store, Apple's Licensed Application End User License Agreement (standard EULA) also applies. These Terms are between you and us, not Apple or Google, and Apple and Google are not responsible for the App or its support. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If a store's terms conflict with these Terms, the store's terms apply to the extent required.

10. Disclaimer of warranties

The Services are provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties, express or implied, including about:

• the uninterrupted or error-free operation of the Services;
• the accuracy or completeness of content, including recordings and word lists;
• the suitability of TellApart for your learning goals or the results you will get.

TellApart is a learning tool and is not a substitute for professional language instruction.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential damages arising from your use of the Services, including the loss of learning progress stored on your device. Our total liability for any claim relating to the Services is limited to the amount you paid for the App in the 12 months before the claim.

These limits do not apply where the law does not allow liability to be limited, including liability for our intentional misconduct or gross negligence under Japan's Consumer Contract Act. You use the Services at your own discretion and risk.

12. Privacy

Our Privacy Policy explains how we handle information when you use the Services.

13. Termination

You can stop using the Services at any time by uninstalling the App. We may suspend or end your access if you break these Terms. Sections that by their nature should survive termination will survive.

14. Changes to these Terms

We may update these Terms from time to time. The latest version is always on this page, with its effective date at the top. If you keep using the Services after a change, you accept the updated Terms.

15. Governing law

These Terms are governed by the laws of Japan, without regard to conflict of law principles. Any dispute arising from the Services will be handled by the Tokyo District Court as the exclusive court of first instance. This does not take away any protection you have under the mandatory consumer laws of the country where you live.

16. Contact us

TellApart is operated by Yosuke Sakurai, based in Japan. Questions about these Terms: hello@tellapart.app