PLEASE READ THESE TERMS CAREFULLY. By accessing or using Daywika, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

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Part 1: General Terms

1. Definitions

1. "Service": The Daywika mobile application and related web services provided by Exydos ("Company," "we," "us," or "our")
2. "User" or "you": Any person who agrees to these Terms and uses the Service
3. "Paid Service": Premium (PRO) features available through a paid subscription
4. "Content": All vocabulary data, learning materials, app screens, designs, audio, and other materials within the Service

2. Acceptance of Terms

1. By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and any additional terms that may apply.
2. If you are under 14 years of age, you are not permitted to use the Service.
3. We may update these Terms from time to time. We will notify you of material changes at least 7 days before the effective date. Changes that materially affect your rights will be communicated at least 30 days in advance. Continued use after the effective date constitutes acceptance.
4. If you do not agree to revised Terms, you may terminate your account.

2A. Interpretation

The Company may establish separate terms for paid services or supplementary features. Matters not addressed in these Terms shall be governed by applicable supplementary terms, relevant laws, and commercial custom.

2B. Minors

If a minor (under 18 years of age) subscribes to a Paid Service, the legal guardian's consent is required. The guardian may cancel the subscription, and refunds will be issued net of usage fees.

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Part 2: Service and Account

3. Service Description

3-1. Free Service

Available to all users at no cost:

• Vocabulary learning (limited slots)
• Character learning (full access)
• Basic quizzes and review
• Basic learning statistics

3-2. Premium Service (PRO)

Additional features available through paid subscription:

• Unlimited vocabulary slots
• Advanced AI learning optimization
• Premium quiz modes
• Detailed growth analysis
• Other premium-exclusive features

4. Account

1. You must provide accurate information when creating your account via Google or Apple social login.
2. You are responsible for maintaining the security of your account.
3. You may not transfer or share your account with any third party.
4. You may delete your account at any time via Settings > Account Management > Delete Account. Deletion is permanent and all data will be removed.

4A. Guest Mode

1. Users who do not create an account ("guests") may use limited features. Guest data is stored locally on the device only and is not synchronized to our servers.
2. Guests are subject to the same usage obligations as registered users.
3. The Company is not liable for loss of guest data due to device changes, app deletion, or other causes. Users are advised to create an account to enable data synchronization.

5. Service Modifications

1. We may modify, suspend, or discontinue all or part of the Service at any time with prior notice.
2. We are not liable for damages resulting from modifications to or discontinuation of the free Service.
3. If the Company terminates the Service for business reasons, it will notify users at least 3 months in advance via in-app notice and email.
4. Upon Service termination, the Company will refund the pro-rata remaining balance of any active paid subscription in accordance with the refund provisions of these Terms.

5A. Notices to Users

1. The Company may notify users via push notification, in-app notice, email, or splash screen.
2. For notices affecting all users, the Company may post the notice within the Service for at least 7 days in lieu of individual notification.
3. The Company is not liable if a user fails to receive notice due to outdated contact information.

5B. Company Obligations

The Company will use its best efforts to restore Service promptly in the event of an outage and will notify users of the cause and estimated recovery time. The Company will respond to user complaints within 7 business days. If additional time is needed, the Company will notify the user of the reason and expected timeline.

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Part 3: Paid Services and Billing

6. Subscription Plans and Pricing

Plan	Price	Duration	Notes
Free	$0	Unlimited	300 memory slots, 30 cards/day, FSRS algorithm
PRO Monthly	$4.99/month	1 month (auto-renewing)	7-day free trial available
PRO Annual	$39/year ($3.25/month)	1 year (auto-renewing)
Lifetime License	$59–$99	Duration of Service operation	Founding member limited offer; monthly AI usage cap applies

The "Lifetime License" is a limited founding-member offer available during the Service's promotional period. It is valid for the duration that the Company operates the Service and expires upon Service termination. The monthly AI usage cap is set generously compared to monthly/annual subscribers; specific limits are viewable within the app. Lifetime License pricing is subject to change without prior notice; the price at the time of purchase is final.

7. Billing and Auto-Renewal

1. All payments are processed through Apple App Store or Google Play Store in-app purchases. The Company does not directly collect or store your payment card information.
2. Auto-Renewal Disclosure (California Automatic Renewal Law Compliance):
   • Monthly and annual subscriptions automatically renew at the end of each billing period at the then-current subscription price unless you cancel before the renewal date.
   • PRO Monthly: Your subscription will automatically renew every month at $4.99/month until you cancel.
   • PRO Annual: Your subscription will automatically renew every year at $39/year until you cancel.
   • You will be charged through your original payment method (Apple App Store or Google Play Store) on the same date each billing period.
   • To avoid being charged for a renewal period, you must cancel auto-renewal at least 24 hours before the end of the current billing period.
3. Annual Renewal Reminder: For subscriptions that auto-renew on an annual basis or that have been active for more than twelve (12) consecutive months, we will send you a reminder notification at least 30 days and again 7 days before the next renewal date, informing you of the upcoming charge, the renewal amount, and instructions on how to cancel.
4. Price Changes: If we increase the subscription price, we will notify you at least 30 days in advance. Your continued subscription after the price change takes effect constitutes acceptance of the new price. If you do not agree to the new price, you may cancel your subscription before the change takes effect.
5. Affirmative Consent: By tapping "Subscribe," "Start Free Trial," "Purchase," or any similar confirmation button, you acknowledge that you have read and agree to the auto-renewal terms set forth in this Section 7 and expressly authorize recurring charges to your payment method until you cancel.

8. Free Trial

1. We may offer a 7-day free trial for the PRO Monthly subscription plan.
2. By starting a free trial, you acknowledge and agree that your subscription will automatically convert to a paid plan at $4.99/month at the end of the 7-day trial period unless you cancel before the trial expires. No further notice or consent is required for the automatic conversion beyond this disclosure and your initial consent at sign-up.
3. What You Will Be Charged: If you do not cancel before the trial ends, you will be charged $4.99 on the day immediately following the end of your 7-day trial, and $4.99 every month thereafter until you cancel.
4. We will send you a reminder notification at least 3 days before the trial ends via in-app notification or email, reminding you of the upcoming charge and how to cancel.
5. No charge is incurred if you cancel during the trial period. You will retain access to PRO features until the trial period expires.
6. Free trial eligibility is limited to one trial per user per Apple ID or Google account. If you have previously redeemed a free trial, you may not be eligible for another.
7. The Company will process refund requests for accidental free trial conversions within 3 business days of the request, provided the request is made within 48 hours of the first charge.

9. Cancellation

How to Cancel:

• Apple (iOS): Go to Settings > Apple ID > Subscriptions > Daywika > Cancel Subscription. Alternatively, you may cancel through your Apple ID Settings > Subscriptions at any time.
• Google (Android): Go to Google Play Store > Profile > Payments & subscriptions > Subscriptions > Daywika > Cancel. Alternatively, you may cancel through Google Play Store > Subscriptions at any time.

Important Cancellation Information:

1. Cancellation takes effect at the end of the current billing period. You will retain access to PRO features until the end of the period you have already paid for.
2. Deleting the app does not cancel your subscription. You must cancel through your store settings as described above.
3. If you cancel during a free trial, cancellation takes effect immediately upon cancellation, and you will not be charged.
4. After cancellation, your account will revert to the Free plan. No learning data is deleted; vocabulary exceeding the Free slot limit will simply be excluded from automatic review.
5. You may re-subscribe at any time through the app.

10. Refunds

1. There is no statutory cooling-off period under U.S. federal law. Our refund policy is as follows:
   • During free trial: Full cancellation at no cost.
   • Within 7 days of initial purchase: You may request a pro-rata refund for unused days by contacting [email protected].
   • After 7 days: Refunds are handled by the applicable store's refund policy.
2. Store refund channels:
   • Apple App Store: reportaproblem.apple.com
   • Google Play Store: play.google.com/store/account
3. Mid-term Cancellation: For cancellations after 7 days, the refund amount shall be calculated as: Total amount paid minus (days used x daily rate) minus an early termination fee of 10% of the remaining balance. The daily rate is calculated as the monthly subscription price divided by 30.
4. Billing Errors: If an overcharge occurs due to the Company's error, the full amount will be refunded. If due to the user's error, the user bears reasonable costs. Refunds for billing errors are processed within 3 business days.

11. Downgrade

When switching from PRO to Free, your registered vocabulary data is retained but words exceeding the Free slot limit will be excluded from automatic review. No data is deleted, and all data is instantly restored upon re-subscription.

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Part 4: User Conduct and Intellectual Property

12. Prohibited Conduct

You agree not to:

1. Use another person's personal information without authorization
2. Interfere with the normal operation of the Service (hacking, unauthorized access, reverse engineering, automated tools, etc.)
3. Copy, distribute, modify, or commercially exploit Content without prior written consent
4. Violate any applicable law
5. Use the Service for fraudulent payment or billing purposes
6. Impersonate Company staff or representatives
7. Send spam, unsolicited messages, or other disruptive communications
8. Harass, defame, or infringe the rights of other users
9. Fail to comply with the Company's corrective demands regarding violations

12A. Usage Restrictions Process

1. When restricting a user's access, the Company will notify the user of the reason and duration.
2. The user may object to the restriction following the Company's designated procedure.
3. If the objection is found to be justified, the restriction will be lifted.

13. Intellectual Property

1. All Content within the Service is owned by the Company or its licensors.
2. You may not reproduce, distribute, or commercially use any Content without our prior written consent.

14. User-Generated Data

1. Learning data you generate through the Service (vocabulary lists, streaks, statistics, etc.) belongs to you.
2. We may use de-identified, aggregated statistical data for service improvement.

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Part 5: Disclaimers, Liability, Dispute Resolution, and General Provisions

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that learning results will be accurate.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
2. THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
3. Exceptions (California Civil Code Section 1668): Nothing in this Section 16 shall limit or exclude the Company's liability for:
   • (a) death or personal injury caused by the Company's negligence;
   • (b) fraud or fraudulent misrepresentation;
   • (c) gross negligence or willful misconduct;
   • (d) any liability arising from the Company's willful injury to another or violation of law; or
   • (e) any other liability that cannot be excluded or limited by applicable law, including applicable consumer protection statutes.
4. If either party violates these Terms and causes damage to the other party, the violating party shall compensate for such damage.
5. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification

1. Your Obligation: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
   • (a) your use or misuse of the Service;
   • (b) your violation of these Terms or any applicable law or regulation;
   • (c) your violation or infringement of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; or
   • (d) any content or data you submit, post, or transmit through the Service.
2. Notice and Cooperation: The Company will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation in the defense of such claim at your expense. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.
3. Limitation: Your indemnification obligation shall not apply to the extent that a claim arises from the Company's own gross negligence, willful misconduct, or breach of these Terms.

18. Binding Arbitration

The parties shall first attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) days before initiating arbitration.

1. Agreement to Arbitrate: You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer-Related Disputes.
2. Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
3. Class Action Waiver: YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. All claims must be brought in an individual capacity only. Neither you nor the Company may seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
4. Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for claims within that court's jurisdiction, provided the claim does not exceed $10,000 and is brought on an individual (non-class, non-representative) basis.
5. Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of creating your account. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and the Company retain the right to litigate disputes in court.
6. Arbitration Fees: Each party shall bear its own attorneys' fees. The Company will pay all AAA filing fees and arbitrator compensation for claims where the amount in controversy is under $10,000. For claims above $10,000, arbitration fees and costs shall be allocated in accordance with the AAA's applicable rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the allocation of fees shall be governed by the AAA rules.
7. Mass Arbitration Procedures: If twenty-five (25) or more similar arbitration demands are filed against the Company by or with the assistance of the same law firm, group of law firms, or organization within a sixty (60) day period ("Mass Filing"):
   • (a) Bellwether Process: The parties shall randomly select ten (10) individual claims from the Mass Filing to proceed as bellwether cases. The remaining claims shall be stayed pending resolution of the bellwether cases.
   • (b) Selection: The bellwether claims shall be selected by the AAA (five chosen by claimants' counsel and five by the Company). Each bellwether case shall be assigned to a separate, individual arbitrator.
   • (c) Resolution of Remaining Claims: Following resolution of the bellwether cases, the parties shall engage in a single mediation session of all remaining claims. If the remaining claims are not resolved through mediation, each remaining claim may proceed in individual arbitration, with the results of the bellwether cases informing, but not binding, the resolution of remaining claims.
   • (d) Fees for Mass Filings: The Company shall not be required to pay filing fees for more than ten (10) arbitration demands at a time during a bellwether process. Filing fees for stayed claims shall not be assessed until such claims are designated to proceed.
   • (e) Tolling: Any applicable statute of limitations shall be tolled for all claims subject to the Mass Filing stay from the date the first bellwether case is selected until the stay is lifted for each respective remaining claim.
8. Location: Any arbitration hearing shall take place in New Castle County, Delaware, or, at your election, may be conducted by videoconference or telephone.
9. Enforceability: If any portion of this arbitration agreement (other than the class action waiver) is found to be unenforceable, the remainder of this arbitration agreement shall remain in full force. If the class action waiver is found to be unenforceable, then this entire arbitration agreement shall be null and void, and disputes shall proceed in court pursuant to Section 19.

19. Governing Law and Jurisdiction

1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions or principles.
2. Jurisdiction: For any disputes not subject to binding arbitration (including if you have validly opted out of arbitration), you and the Company consent to the exclusive jurisdiction and venue of the state courts located in New Castle County, Delaware, or the United States District Court for the District of Delaware.
3. Waiver of Objections: Each party waives any objection to jurisdiction and venue in the courts identified above, including any objection based on inconvenient forum.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

21. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party ("Force Majeure Event"), including but not limited to: natural disasters (earthquakes, floods, hurricanes, wildfires); war, terrorism, or armed conflict; riots, civil unrest, or insurrection; embargoes or sanctions; acts of civil or military authorities; fire; epidemics, pandemics, or public health emergencies; strikes, labor disputes, or work stoppages; shortages of transportation, facilities, fuel, energy, labor, or materials; power outages or telecommunications failures; cyberattacks or Internet service disruptions; or acts of God. The affected party shall use reasonable efforts to mitigate the effect of the Force Majeure Event and shall promptly notify the other party of the event and its expected duration. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other party.

22. Electronic Communications and E-SIGN Act Consent

1. Consent to Electronic Communications: By creating an account and using the Service, you consent to receive communications from us electronically, including via email, push notifications, in-app messages, and notices posted within the Service.
2. E-SIGN Act Acknowledgment: In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Hardware and Software Requirements: To receive electronic communications, you need a device with Internet access, a current web browser or our mobile application, and a valid email address associated with your account.
4. Withdrawal of Consent: You may withdraw your consent to receive electronic communications by contacting us at [email protected]. However, withdrawal of consent may limit your ability to use the Service, as certain communications are necessary for its operation.
5. Updating Contact Information: You are responsible for keeping your email address and other contact information current. The Company is not liable for any failure to receive communications resulting from outdated contact information.

23. Digital Millennium Copyright Act (DMCA) Notice

1. Respect for Intellectual Property: The Company respects the intellectual property rights of others and expects users to do the same.
2. DMCA Agent: If you believe that any content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated DMCA agent:
   • Email: [email protected]
   • Subject Line: "DMCA Takedown Notice"
3. Required Information: Your DMCA notice must include:
   • (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
   • (b) identification of the copyrighted work claimed to have been infringed;
   • (c) identification of the material that is claimed to be infringing, with sufficient information to allow us to locate it;
   • (d) your contact information (address, telephone number, and email);
   • (e) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
   • (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
4. Counter-Notification: If you believe your content was wrongly removed due to a DMCA notice, you may submit a counter-notification containing: (a) your physical or electronic signature; (b) identification of the removed material and its prior location; (c) a statement under penalty of perjury that the material was removed by mistake or misidentification; and (d) your consent to the jurisdiction of the federal court in the District of Delaware.
5. Repeat Infringers: The Company reserves the right to terminate the accounts of users who are repeat copyright infringers.

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Contact

For questions about these Terms:

• Email: [email protected]

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Change Log

Version	Effective Date	Summary of Changes
v1.0	February 23, 2026	Initial version
v1.1	February 25, 2026	Version alignment with Korea v1.1 (no content changes to this document)
v1.2	February 25, 2026	US-specific legal compliance: CA ARL auto-renewal rewrite, Click-to-Cancel, FTC free trial disclosure, liability exceptions (CA Civil Code §1668), Arbitration + mass arbitration provisions, Force Majeure, E-SIGN Act, Delaware jurisdiction, DMCA safe harbor