Terms of Service for Toritark

Effective Date: May 26, 2025

Welcome to Toritark (the "App"), a mobile application provided by Algorion OÜ ("Algorion," "we," "us," or "our"), a company registered in Estonia with its principal place of business at Kaunase pst 1, Tartu, Estonia. Our contact email is hi@toritark.com.

These Terms of Service ("Terms") govern your access to and use of our App, including any content, functionality, and services offered on or through the App, whether as a guest or a registered user.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE APP. BY ACCESSING, DOWNLOADING, REGISTERING WITH, OR USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APP.

1. Description of Service

The App helps users learn languages. Key features include:

  • Generating stories in a target language with parallel translation in the user's native language, based on user-selected topics or custom prompts, using Large Language Models (LLMs).
  • Generating quizzes based on the stories.
  • Allowing users to mark unknown words and learn them "in context."
  • Allowing users to retell stories, with LLM-based feedback, corrections, and scoring.

The App offers both free and paid subscription plans.

2. Eligibility and User Accounts

To use the App, you must be at least 13 years old, or such other age as may be required by the laws of your country of residence to use our services. If you are under the age of 18 or the age of legal majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You may need to register for an account to access some or all of our App's features. You can register using Google, Apple, or Facebook authentication. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. We are not liable for any loss or damage arising from your failure to comply with the above.

3. Free and Paid Plans

  • Free Plan: Users on the free plan will have limited access to features, such as a maximum number of stories that can be generated and retellings that can be performed within a certain period. The free plan will display advertisements.
  • Paid Plan(s): Users may subscribe to paid plans ("Subscriptions") which offer enhanced features, such as higher usage limits for story generation and retellings, access to potentially more advanced LLM models, and an ad-free experience.
    • Billing: Subscriptions are managed and billed through Stripe, Apple (App Store) or Google (Google Play Store) ("Payment Systems"). Your purchase will be subject to the Payment Systems' applicable payment policy, which also may not provide for refunds. You are responsible for all applicable fees and taxes.
    • Renewals: Subscriptions may automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period through your App Store account settings.
    • Changes to Subscription Fees: We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

4. Rewarded Advertisements

Users on the free plan, or users on any plan who have reached their usage limits, may have the option to watch a rewarded advertisement ("Rewarded Ad") to temporarily increase certain usage limits (e.g., gain one additional story generation or retelling).

  • The availability of Rewarded Ads is not guaranteed and is subject to the inventory of our third-party ad providers.
  • We are not responsible for the availability or proper functioning of third-party ad providers or for any failure on their part to report a completed Rewarded Ad or grant the corresponding reward. We will not be liable for any failure to increase limits if the ad provider fails to confirm completion of the Rewarded Ad to us for any reason.
  • The specific rewards and conditions for Rewarded Ads are subject to change at our sole discretion.

5. Use of Large Language Models (LLMs)

The App utilizes LLMs to generate stories, quizzes, and provide feedback on retellings. You acknowledge and agree to the following:

  • Availability: Access to LLM-based features is dependent on the availability of the underlying LLM services provided by third-party providers. These services may be temporarily unavailable due to high load, maintenance, or other issues beyond our control. We are not liable for any unavailability of LLM-based features.
  • Accuracy and Errors: LLMs may produce inaccurate, incomplete, or offensive content. The information and content generated by LLMs are for educational and entertainment purposes only and should not be relied upon as factual, accurate, or complete. We do not guarantee the accuracy, reliability, or suitability of any content generated by LLMs. You are responsible for critically evaluating any information provided.
  • No Endorsement: Content generated by LLMs does not represent Algorion OÜ's views or endorsements.
  • User Prompts: You are solely responsible for the prompts you input. You agree not to input prompts that are unlawful, harmful, defamatory, obscene, infringing, harassing, or otherwise objectionable.

6. Intellectual Property Rights

  • Our IP: The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Algorion OÜ, its licensors, or other providers of such material and are protected by Estonian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • License to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on devices that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service.
  • User-Generated Content: You retain ownership of any original content you submit through the App, such as custom prompts or story retellings ("User Content"). However, by submitting User Content, you grant Algorion OÜ a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, and improving the App and our services. This license includes the right for us to make your User Content available to third-party LLM providers as necessary to provide the App's functionalities. You represent and warrant that you have all necessary rights to grant us this license for any User Content you submit.

7. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

  • In any way that violates any applicable national, federal, state, local, or international law or regulation.
  • To exploit, harm, or attempt to exploit or harm minors in any way.
  • To generate or transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
  • To impersonate or attempt to impersonate Algorion OÜ, an Algorion OÜ employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm Algorion OÜ or users of the App or expose them to liability.
  • To decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
  • To make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
  • To remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Algorion OÜ or its affiliates, partners, suppliers, or the licensors of the App.

8. Third-Party Services and Links

The App may integrate with or provide links to third-party services, websites, or resources (e.g., LLM providers, ad providers, authentication services like Google, Apple, Facebook, Payment Systems). You acknowledge and agree that Algorion OÜ is not responsible or liable for:

  • The availability or accuracy of such third-party services, websites, or resources.
  • The content, products, or services on or available from such third-party services, websites, or resources.
  • Your use of any such third-party services is subject to their respective terms and conditions and privacy policies.

9. Communications

By creating an account, you consent to receive electronic communications from us (e.g., via email, or by posting notices to the App). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

10. Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice, for any reason, including, without limitation, breach of these Terms. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may do so by discontinuing use of the App or contacting us at hi@toritark.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimers of Warranties

THE APP AND ALL ITS CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALGORION OÜ AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (INCLUDING LLM PROVIDERS AND AD PROVIDERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NEITHER ALGORION OÜ NOR ANY PERSON ASSOCIATED WITH ALGORION OÜ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP OR ITS CONTENT (INCLUDING LLM-GENERATED CONTENT). WITHOUT LIMITING THE FOREGOING, NEITHER ALGORION OÜ NOR ANYONE ASSOCIATED WITH ALGORION OÜ REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALGORION OÜ, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALGORION OÜ AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO YOUR USE OF THE APP EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO ALGORION OÜ FOR USE OF THE APP DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED EUROS (EUR 100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Algorion OÜ, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App's content (including LLM-generated content), services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.

14. Governing Law and Jurisdiction

All matters relating to the App and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Estonia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the courts of Tartu, Estonia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Changes to Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

16. Waiver and Severability

No waiver by Algorion OÜ of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Algorion OÜ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Algorion OÜ regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

18. Contact Information

All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: hi@toritark.com.

Algorion OÜ
Kaunase pst 1
Tartu, Estonia