Terms of Use

01What Spellsketch is

Spellsketch helps you learn English with pictures. You look at a picture, say what you see in English, and your own picture shows only what you said. Words you learn go into your Spell Book, and you can use them to make your own pictures.

The pictures are made in advance with AI tools and reviewed before they appear. Judging which details you said is automatic and uses an AI service (Anthropic’s Claude); nobody chats with it. Both can be wrong. Results are for practice; they aren’t a test score, a certificate or a measure of your language level. If a result looks wrong, please report it in the app.

02Who can use it

• You must be an adult (18, or the age of majority where you live) to create an account.
• An account can have up to three members (one on the free plan). Each member is a nickname and a built-in avatar with its own progress and settings, for someone in your household; how each member is used is up to the account holder. How we handle members’ data is in section 11 of the Privacy Policy.
• The account holder is responsible for everything done under the account, including by its members, and accepts these terms for them.
• You sign in with your Apple or Google account. Keep that account secure, and don’t share your Spellsketch account with people outside your household. If you lose access to the account you sign in with, email us.

03Plans and payment

Free plan

The free plan includes what the app shows as free at the time. Reasonable-use limits apply to stop automated or abusive use; normal practice won’t reach them.

Subscriptions in the app

• The paid plan is an auto-renewing subscription, monthly or yearly, sold through Apple’s In-App Purchase. The price and what’s included are shown in the app before you buy.
• Payment is charged to your Apple Account when you confirm the purchase.
• The subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the period ends.
• You can manage or cancel it in your Apple Account settings. Deleting the app or your Spellsketch account doesn’t cancel it.
• If a free trial is offered, the subscription starts and you’re charged when the trial ends, unless you cancel at least 24 hours before. Any unused part of a trial ends when you buy a subscription.
• Apple handles billing and refunds for App Store purchases under its own policies; we can’t issue those refunds ourselves.
• If we change the price, Apple tells you in advance and, where required, asks you to agree before the new price applies.

Founding membership on our website

• Before launch, we may offer a limited founding membership on our website: the paid plan for one year at the price shown at checkout, paid through TODO: payment provider.
• After you sign in to the app, we link the membership to your account. It isn’t an App Store purchase, so you manage it with us, not in your Apple settings. It doesn’t renew automatically.
• Refunds: TODO: refund rule, for example a full refund on request within 14 days of purchase, or anytime before we activate it. If you’re a consumer in the European Union or the UK, you have a legal right to withdraw within 14 days of purchase; it ends early only if you ask us to activate the membership within those 14 days and confirm you understand.

04Beta versions

Before launch, Spellsketch is available as a beta through Apple’s TestFlight, and TestFlight’s terms also apply. Beta versions are unfinished: features, levels and prices may change, things may break, and we may have to reset progress. We’ll give notice before a reset when we can. Purchases in a TestFlight version aren’t charged and don’t carry over to the released app.

05Your descriptions

• What you write or say in Spellsketch stays yours.
• You give us a worldwide, non-exclusive, royalty-free permission to store, copy, process and display your descriptions only as needed to run Spellsketch for you and keep it safe: to score them, show your progress, keep your Spell Book, and check them against our content rules. It ends when you delete them or your account, except for copies covered by the next point.
• The account holder gives this permission for every member of the account. Descriptions are never shown publicly.
• Only if the account holder turns it on in the app, we may also use descriptions, separated from the account, to test and improve judging. You can turn this off at any time. Details are in section 6 of the Privacy Policy.
• We may publish statistics calculated from results across many people, such as how many kinds of detail learners usually cover. They never include anyone’s words and never identify anyone. If you don’t want your results counted, email us.
• You are responsible for what you submit, and the account holder for what is submitted by the account’s members. Don’t include personal information about yourself or anyone else, such as a full name, address or school.

06Our pictures and content

• The pictures, challenges, model descriptions, word lists, design and software in Spellsketch belong to us or our licensors. We let you use them in the app for your own practice.
• When the app lets you save or share pictures from your own tries together with your description, you may use them for personal, non-commercial purposes, as long as you don’t suggest we endorse you.
• Don’t copy, scrape or bulk-download our pictures or challenges, sell them, or use them to train or test other AI models.
• In some countries, pictures made with AI may not be protected by copyright. The permission above covers whatever rights we do have.

07Acceptable use

Don’t:

• submit anything unlawful, hateful, sexual, violent, harassing, or that infringes someone else’s rights;
• try to get around our content checks, word limits or reasonable-use limits;
• use scripts, bots or other automated means, or overload or interfere with the service;
• access another person’s account or members;
• copy, reverse engineer or take apart the app, except where the law allows it.

Descriptions that break our content rules aren’t used, and they don’t cost you a try. If someone seriously or repeatedly breaks these terms, we may suspend or close their account. We’ll tell you why when we reasonably can.

08Changes and ending

• We keep improving Spellsketch, so features, task types and levels may change.
• If we stop offering the paid plan or close Spellsketch, we’ll tell you in the app at least 30 days before. For website purchases, we refund the unused part. App Store subscriptions follow Apple’s rules.
• You can stop using Spellsketch at any time and delete your account in the app. Cancel any App Store subscription separately.

09No guarantees

To the extent the law allows, Spellsketch is provided “as is” and “as available”. We don’t promise that it will always be available, that results will always be right, or that it will reach any particular learning outcome. Nothing in these terms takes away rights you have as a consumer under the law where you live that can’t be waived.

10Limits on liability

To the extent the law allows, we aren’t liable for indirect or consequential losses, such as lost profits or lost data, and our total liability to you for any claim is limited to the amount you paid us in the 12 months before the claim, or US$50 if that is more. These limits don’t apply to harm caused by our intent or gross negligence, to death or personal injury caused by our negligence, or to anything else the law doesn’t let us limit.

11Apple

If you got Spellsketch from the App Store or TestFlight:

• These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app doesn’t conform to a warranty that applies, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the app.
• Apple isn’t responsible for handling claims about the app, including product liability claims, claims that it doesn’t meet a legal or regulatory requirement, consumer protection or privacy claims, or claims that it infringes someone’s intellectual property.
• You confirm that you aren’t in a country under a U.S. Government embargo or designated as supporting terrorism, and aren’t on any U.S. Government list of prohibited or restricted parties.
• You must also follow the usage rules in Apple’s Media Services Terms and Conditions.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

12Governing law and disputes

These terms are governed by the laws of the Republic of China (Taiwan), without regard to its conflict-of-law rules. If you have a complaint, please email us first; we’ll try to resolve it within 30 days. If we can’t, the TODO: court, for example Taiwan Taipei District Court has jurisdiction as the court of first instance.

If you’re a consumer living in the European Union, the UK or another country whose law gives you this right, you also keep the protection of the mandatory consumer laws of your country and may bring a claim in your local courts.

13Changes to these terms

When we change these terms, we post the new version here and update the date at the top. For important changes, we tell you in the app at least 14 days before they take effect. If you don’t agree, you can stop using Spellsketch and delete your account; if you keep using it after the changes take effect, the new terms apply.

If part of these terms can’t be enforced, the rest still applies. If we don’t enforce a term right away, we haven’t given up the right to enforce it later. These terms and the Privacy Policy are the whole agreement between you and us about Spellsketch.

14Contact us

TODO: legal name, Taiwan · support@spellsketch.com

These terms are also available in 繁體中文. If the two differ, the English version applies.