Terms of Service

You must be at least 13 years old to use the Service.

We do not knowingly collect personal information from children under 13. If we become aware that such data has been collected, we will take appropriate steps to delete it.

If you are under 18, you represent that you have parental or guardian consent.

You represent that:

• You have legal capacity to enter into these Terms.
• Your use complies with applicable laws.
• You are not subject to U.S. sanctions or prohibited export restrictions.

You must provide accurate information and maintain its accuracy.

You are responsible for:

• Safeguarding credentials.
• All activity under your account.
• Promptly notifying us of unauthorized use.

We may suspend or terminate accounts for violations, fraud, abuse, or security concerns.

By creating an account, you consent to receive communications from us electronically, including notices, agreements, and disclosures, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing.

3.1 Subscription Access

Certain features require a paid subscription. Features, pricing, and billing intervals are described within the Service.

We may modify subscription features, plans, and pricing over time. Changes to recurring pricing will not apply to your current billing period, and we will provide notice as required by law before a price change takes effect. Continued use after a change becomes effective constitutes acceptance of such changes.

Where we offer promotional or locked-in pricing (for example, an early-adopter discount described as applying for as long as your subscription remains active), we will honor that rate for the duration stated at the time you subscribed, so long as your subscription remains continuously active. Promotional rates are non-transferable and end if your subscription lapses or is canceled.

3.2 Auto-Renewal

Subscriptions automatically renew unless canceled before the end of the billing period.

By subscribing, you authorize recurring charges to your payment method.

3.3 Platform Billing

Purchases made on the web are processed by our third-party payment processor, Stripe, Inc. Your use of Stripe is subject to Stripe's own terms and privacy policy. We do not store or process full payment card details on our servers.

If and when the Service becomes available through a third-party app store (such as the Apple App Store or Google Play), purchases made there are processed by that platform under its own billing terms.

Refunds are governed by the platform used for purchase and by Section 3.4 below.

3.4 Cancellation

You may cancel at any time. Cancellation takes effect at the end of the current billing period.

Except where required by law or platform rules, payments are non-refundable.

3.5 Taxes

Stated prices do not include taxes. You are responsible for any sales, use, value-added, or similar taxes associated with your purchase, except for taxes based on our net income. Where we are required to collect such taxes, they will be added at checkout.

All aspects of the Service are owned by Kumiai or its licensors and protected by intellectual property laws.

This includes, without limitation:

• KMT (Kumi Mastery Tiers)
• LPE (Learning Priority Engine)
• LPS (Learning Priority Score)
• Adaptive learning algorithms
• Spaced repetition systems
• Scoring methodologies
• Data structures
• User interface systems
• Structured learning datasets
• Model tuning and optimization outputs

These constitute proprietary trade secrets and confidential information.

4.1 Limited License

You are granted a limited, revocable, non-exclusive, non-transferable license for personal, non-commercial use.

You may not:

• Reverse engineer or decompile the Service.
• Attempt to reconstruct proprietary systems.
• Benchmark the Service to build a competing product.
• Extract structured data at scale.
• Use outputs to train competing systems.
• Circumvent access controls.
• Share accounts.

Unauthorized use terminates this license immediately.

4.2 Automated Access and Data Extraction Prohibition

You may not access or use the Service through automated means or for the purpose of extracting data at scale.

Without limiting the foregoing, you agree not to:

• Use bots, crawlers, scrapers, spiders, data-mining tools, or automated scripts to access, monitor, copy, extract, download, or harvest any portion of the Service.
• Systematically retrieve, index, or store content, structured learning materials, proprietary datasets, system outputs, or metadata.
• Circumvent, bypass, or interfere with rate limits, access controls, authentication systems, or technical protections.
• Use the Service or its outputs to develop, train, fine-tune, benchmark, or validate any competing product, dataset, algorithm, or machine learning model.
• Attempt to map, analyze, or reconstruct proprietary systems, including but not limited to KMT (Kumi Mastery Tiers), LPE (Learning Priority Engine), LPS (Learning Priority Score), or related adaptive logic.

Any unauthorized automated access, large-scale data extraction, or misuse of system outputs constitutes a material breach of these Terms.

We reserve the right to monitor usage patterns, implement technical countermeasures, block access (including IP-based restrictions), and pursue legal remedies for violations of this section.

4.3 Third-Party and Open-Source Data

The Service incorporates certain third-party dictionary, character, and language datasets that are made available under open licenses (including Creative Commons Attribution-ShareAlike licenses). Those underlying datasets remain the property of their respective owners and are used under, and subject to, their applicable licenses, which are acknowledged on our attributions page.

We reproduce these datasets without modifying the underlying entries; our own additions are stored separately and do not alter the source data. The proprietary rights and restrictions described in this Section 4 apply to Kumiai's own systems, software, structure, presentation, enrichments, and original content, and do not purport to restrict any rights you may have in the underlying open-licensed datasets under their own license terms.

"User Content" means anything you create, upload, submit, or make available through the Service, including profile information, usernames and handles, display names, avatars, biographies, concept lists, list titles and descriptions, files you upload (such as imported study decks), voice recordings you submit for pronunciation practice, and any text you submit to support, community, or AI features.

You retain ownership of User Content.

You grant Kumiai a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt, and distribute your User Content as needed to operate, secure, promote, and improve the Service, including displaying public User Content to other users and visitors as described in Section 8.3.

You represent and warrant that you own or have all necessary rights to your User Content and that it does not infringe or violate the rights of any third party or any law.

5.1 Prohibited Content

You may not create, upload, submit, or make available User Content that:

• Is unlawful, infringing, defamatory, obscene, or sexually explicit.
• Harasses, threatens, bullies, or promotes hatred or violence against any person or group, including on the basis of a protected characteristic.
• Impersonates any person or entity or misrepresents your affiliation with any person or entity.
• Contains another person's private or personal information without their consent.
• Contains malware, spam, or links to malicious or deceptive content.
• Exploits, sexualizes, or endangers minors, or is otherwise harmful to minors.

5.2 Moderation and Removal

We are not obligated to monitor User Content, but we may review, moderate, refuse, restrict, remove, or disable access to any User Content at any time, with or without notice, in our sole discretion, including content we believe violates these Terms or may expose Kumiai or others to harm or liability.

You may report abusive, infringing, or otherwise violating content by emailing support@kumi.app. We may suspend or terminate accounts that repeatedly or seriously violate these Terms.

5.3 Feedback

If you send us ideas, suggestions, or feedback about the Service, you grant Kumiai a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it for any purpose without obligation or compensation to you.

You retain ownership of your personal data as described in the Privacy Policy.

Kumiai exclusively owns:

• Aggregated and anonymized usage data.
• De-identified learning performance metrics.
• Derived mastery scores and system-generated metrics.
• Model improvements trained on aggregated behavior.
• Statistical outputs and system-level analytics.

Users have no ownership claim in derivative system improvements.

We may retain de-identified and aggregated data indefinitely.

The Service may use AI and automated systems.

You acknowledge:

• AI-generated outputs may be inaccurate or incomplete.
• Outputs are provided for educational purposes only.
• We do not guarantee specific learning outcomes.
• You are responsible for independent verification.

You may not:

• Attempt prompt injection attacks.
• Attempt to extract model training data.
• Use the Service to generate unlawful or harmful content.

We are not liable for reliance on AI-generated outputs.

Some AI and automated features are powered by third-party providers. Content you submit to those features may be transmitted to and processed by those providers to generate a response. We contract with providers who do not use your content to train their general-purpose models except where you have separately consented. Do not submit sensitive personal information to AI features.

8.1 Prohibited Conduct

You agree not to:

• Violate laws.
• Infringe rights.
• Disrupt infrastructure.
• Interfere with security.
• Use automated tools to extract data.
• Access non-public areas of the system.
• Harass, threaten, bully, defame, or abuse other users, or engage in hateful conduct toward any person or group.
• Impersonate any person or entity, or misrepresent your affiliation.
• Collect, harvest, or publish other users' information or content without authorization.
• Post spam, solicitations, or deceptive, fraudulent, or misleading content.

We may investigate violations and cooperate with authorities.

8.2 Usernames and Handles

You are responsible for the username, handle, display name, and avatar you choose. You may not select or use one that is unlawful, infringing, offensive, misleading, impersonates another person or entity, or that you do not have the right to use.

We may reclaim, change, or remove any username, handle, display name, or avatar at any time, with or without notice, including to resolve disputes, protect rights, or enforce these Terms. You acquire no ownership rights in any handle or username.

8.3 Public Profiles and Community Features

The Service includes social and community features, such as public profiles, handles, mastery and progress statistics, achievement and streak information, leaderboards, and shareable lists (collectively, "Community Features").

Content you choose to make public, and certain profile and progress information, may be visible to other users and, where applicable, to the general public and search engines. Do not make public any information you wish to keep private. You are solely responsible for the content and information you make public.

We may display, rank, feature, and share public User Content within the Service and in materials promoting the Service. We may modify, limit, or discontinue any Community Feature at any time. Your use of Community Features is also governed by our Privacy Policy.

We may offer experimental features.

They:

• May change or be removed at any time.
• May contain errors.
• Are provided without warranties.

Use is at your own risk.

Use of the Service is governed by our Privacy Policy.

We implement reasonable safeguards but do not guarantee absolute security.

Upon account deletion:

• Personal data is handled according to our Privacy Policy.
• Certain data may be retained for legal, audit, fraud prevention, or compliance purposes.
• Backup copies may persist temporarily.

If you believe content infringes your copyright, you may submit a notice tolegal@kumi.app including:

• Identification of the copyrighted work.
• Identification of infringing material.
• Contact information.
• A statement under penalty of perjury of ownership.
• Your signature.

We may remove infringing content and terminate repeat infringers.

We may modify, suspend, or discontinue the Service or any feature at any time without liability.

We do not guarantee uptime, uninterrupted availability, or maintenance-free operation.

You represent that you are not located in, or a resident of, a sanctioned jurisdiction and are not on any prohibited party list.

You will not use the Service in violation of export laws.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• UNINTERRUPTED ACCESS

We do not guarantee proficiency or exam outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for indirect, incidental, consequential, punitive, or special damages.
• We are not liable for data loss or business interruption.
• Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim.

This limitation applies regardless of legal theory and even if remedies fail of essential purpose.

You agree to indemnify Kumiai from claims arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your User Content.
• Your violation of law or third-party rights.

California residents waive California Civil Code §1542, which states that a general release does not extend to claims unknown at the time of release.

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, government actions, or cloud service failures.

We may suspend or terminate access at any time for violations, abuse, fraud, or security risks.

Provisions that by nature should survive termination will remain in effect.

19.1 Governing Law

These Terms are governed by Delaware law.

19.2 Binding Arbitration

All disputes shall be resolved by binding arbitration administered by the American Arbitration Association.

Arbitration shall occur in Delaware.

YOU WAIVE THE RIGHT TO A JURY TRIAL.

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS.

The arbitrator shall have exclusive authority to resolve disputes regarding enforceability of this arbitration provision.

If any portion of this arbitration clause is found unenforceable, the remaining portions remain enforceable.

You may opt out within 30 days of first acceptance by emailing legal@kumi.app.

19.3 Injunctive Relief

Either party may seek equitable relief to protect intellectual property rights.

You may not assign these Terms without our consent.

We may assign these Terms without restriction, including in connection with merger, acquisition, or sale of assets.

The Service is currently offered on the web. If and when it becomes available through a third-party platform such as the Apple App Store or Google Play (each, a "Platform Provider"), and you access or download it there, the following additional terms apply:

• These Terms are between you and Kumiai, not the Platform Provider. Kumiai is solely responsible for the Service.
• The Platform Provider has no obligation to provide maintenance, support, or warranty services for the Service.
• To the maximum extent permitted by applicable law, the Platform Provider will have no warranty obligation with respect to the Service.
• The Platform Provider is not responsible for addressing any claims relating to the Service, including:
  • Product liability claims
  • Claims that the Service fails to conform to legal or regulatory requirements
  • Claims arising under consumer protection or similar laws
• In the event of any third-party claim that the Service infringes intellectual property rights, Kumiai, not the Platform Provider, will be solely responsible for investigation, defense, settlement, and discharge of such claim.
• You must comply with all applicable third-party terms of service when using the Service.
• The Apple App Store and Google Play (as applicable) and their respective subsidiaries are third-party beneficiaries of this section and may enforce it against you.

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page, and, for material changes, provide additional notice as required by law.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

These Terms and the Privacy Policy constitute the entire agreement between you and Kumiai.

If any provision is unenforceable, remaining provisions remain in effect.

Our failure to enforce any provision is not a waiver of our right to do so later. No waiver of any term is effective unless made in writing by us.