Terms & Conditions

1. Acceptance of Terms

By downloading, installing, or using the Avocabo mobile application ("App" or "Licensed Application"), you ("End-User") agree to be bound by these Terms and Conditions ("Agreement"). This Agreement is between you and Chuka Ufomadu ("Developer," "we," "our," "us"), and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Licensed Application and its content. If you do not agree to these Terms, do not use the App.

2. Description of Service

Avocabo is a vocabulary learning application that presents users with curated word cards across various categories. The App includes features such as swipeable word cards, lock screen and home screen widgets, favorites, streaks, leveling, and category-based word filtering.

3. License

The Developer grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to use the Licensed Application on any device that you do not own or control, except that the Licensed Application may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

4. Subscription

Access to Premium features requires an active subscription.

Payment is charged to your Apple ID account at confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price. You can manage and cancel your subscription in your Apple ID Account Settings.

5. Maintenance and Support

The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

6. Warranty

The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.

7. Product Claims

You acknowledge that the Developer, not Apple, is responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

8. Intellectual Property

All content in the App, including but not limited to word definitions, example sentences, illustrations, UI design, and the Cabo mascot character, is the intellectual property of Avocabo and its licensors. You may not reproduce, distribute, or create derivative works from this content without prior written permission.

In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. User Data

Your vocabulary preferences, favorites, streaks, and progress are stored locally on your device. We do not currently require account creation to use the App. If account features are introduced in the future, these Terms will be updated accordingly.

10. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the App
• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to the App's systems or networks
• Redistribute, sublicense, or resell any content from the App

11. Third-Party Terms

You must comply with applicable third-party terms of agreement when using the App. This includes your wireless data service agreement and any other third-party service agreements that may apply to your use of the Licensed Application.

12. Content Accuracy

Word definitions, pronunciations, and example sentences are provided for educational purposes. While we strive for accuracy, Avocabo does not guarantee that all linguistic content is error-free. The App should not be used as a sole reference for academic examinations.

13. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately.

15. Limitation of Liability

To the maximum extent permitted by law, Avocabo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the App. Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

16. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

17. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the revised Terms. We will notify users of material changes through the App.