Terms of Service

Last Updated: December 24, 2024

Introduction

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you and Oryx Data Incubator ("Company", "we", "us", or "our") concerning your access to and use of the VocabKit Chrome Extension and the https://vocabkit.web.app website (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

Service Provider: Oryx Data Incubator
Contact: support@vocabkit.app
Legal Inquiries: privacy@vocabkit.app

1. Acceptance of Terms

By creating an account, installing our Chrome Extension, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

You must be at least 13 years old (or 16 in the European Union) to use our Service. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

VocabKit is a language learning platform that provides:

  • Real-time translation of selected text on any webpage
  • Vocabulary management and saving capabilities
  • Learning progress tracking and statistics
  • Export functionality for spaced repetition learning
  • Cloud synchronization for premium users
  • AI-powered contextual translations

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts

To access certain features of our Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and accept all risks of unauthorized access
  • Notify us immediately at support@vocabkit.app if you discover any unauthorized use
  • Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Subscriptions and Billing

4.1 Subscription Plans

VocabKit offers both free and premium subscription plans. Premium features include:

  • Unlimited daily translations (vs. 30/day for free users)
  • Extended translation history (100 vs. 10 items)
  • Cloud synchronization across devices
  • Priority customer support
  • Advanced export options (APKG format)

4.2 Billing Terms

Premium subscriptions are billed on a recurring basis:

  • Monthly Plan: €6.99 per month
  • Free Trial: 7-day free trial for new premium subscribers

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You can cancel anytime through your account settings or by contacting support@vocabkit.app.

4.4 Payment Processing

All payments are processed securely through Stripe. We do not store your payment card details on our servers. By providing payment information, you authorize us to charge the applicable fees to your payment method.

4.5 Refund Policy

Under EU law, you have the right to cancel your subscription within 14 days of purchase for a full refund, unless you have already used the premium features. After this period, subscription fees are non-refundable but you will continue to have access until the end of your billing period.

4.6 Price Changes

We reserve the right to modify our prices. Price changes will be communicated at least 30 days in advance and will not affect your current billing period.

5. User Content and Conduct

5.1 Your Content

Our Service allows you to save, store, and manage vocabulary and translations ("User Content"). You retain all rights to your User Content. By using our Service, you grant us a limited, non-exclusive, worldwide license to:

  • Store and backup your User Content
  • Display your User Content to you across devices
  • Process your User Content to provide Service features
  • Create anonymized, aggregated data for Service improvement

This license ends when you delete your content or account, except where backup copies may be retained for a reasonable period.

5.2 Prohibited Conduct

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Attempt to bypass our API rate limits or usage restrictions
  • Use automated scripts, bots, or scrapers without written permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Resell, sublicense, or commercially exploit the Service
  • Interfere with or disrupt the Service or servers
  • Transmit viruses, malware, or any destructive code
  • Violate the privacy or rights of other users
  • Use the Service to translate inappropriate, harmful, or illegal content
  • Create multiple accounts to circumvent usage limits

5.3 API Usage Limits

To ensure fair usage and Service availability:

  • Free users: Maximum 30 translations per day
  • Premium users: Reasonable use policy applies (excessive use may be limited)
  • API rate limiting: Maximum 10 requests per minute

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Oryx Data Incubator and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

6.2 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us the right to use such Feedback without restriction or compensation to you.

6.3 Third-Party Content

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

7. Privacy

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal data.

8. Disclaimers and Limitations of Liability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied.

8.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • That the Service will be uninterrupted, secure, or error-free
  • That defects will be corrected
  • That the Service is free of viruses or harmful components

8.2 Translation Accuracy Disclaimer

IMPORTANT: Translations provided by our Service are generated using AI technology and are for educational and informational purposes only. We do not guarantee:

  • The accuracy, completeness, or reliability of any translation
  • That translations are suitable for professional, legal, medical, or technical use
  • That translations reflect cultural nuances or context appropriately

Always verify important translations with qualified human translators.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORYX DATA INCUBATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages exceeding the amount you paid to us in the 12 months preceding the claim

These limitations apply regardless of the legal theory on which the claim is based.

9. Indemnification

You agree to defend, indemnify, and hold harmless Oryx Data Incubator, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  • Any harmful acts toward any other user of the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination:

  • Your subscription will remain active until the end of the current billing period
  • You can request immediate deletion of your data
  • No refunds will be provided for unused subscription time

10.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You engage in fraudulent activity
  • Your account poses a security risk
  • Required by law

10.3 Effect of Termination

Upon termination:

  • Your right to access the Service ceases immediately
  • We may delete your User Content after 30 days
  • Provisions that should survive termination will remain in effect

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of France, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 Dispute Resolution

For any disputes arising from these Terms:

  • We will first attempt to resolve disputes informally for 30 days
  • EU consumers may use the EU Online Dispute Resolution platform
  • You may bring claims in your country of residence or France
  • Small claims court is available for qualifying disputes

11.3 Class Action Waiver

To the extent permitted by law, you agree to bring claims only in your individual capacity and not as part of any class or representative action.

12. Changes to Terms

We may modify these Terms at any time. When we do:

  • We will notify you at least 30 days before changes take effect
  • Notice will be provided via email or prominent display in the Service
  • Your continued use after the effective date constitutes acceptance
  • If you disagree, you must stop using the Service and close your account

13. General Provisions

13.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Oryx Data Incubator regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision will not be considered a waiver of those rights.

13.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

14. Contact Information

For questions about these Terms, please contact us: