Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Orately mobile application ("App") provided by Orately ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use Orately. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the App, you represent and warrant that you meet these eligibility requirements.

2. Account Registration

To access certain features, you must create an account. You may register using Apple Sign In, Google Sign In, or email and password. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or harmful activity.

3. Description of Service

Orately is an AI-powered speaking coach that provides:

• Voice recording and real-time speech analysis
• Personalized practice sessions and skill tracks
• AI-driven conversational practice scenarios (Arena)
• Speaking performance scoring across five dimensions
• AI coaching and feedback
• Progress tracking, analytics, and gamification features

Features may vary based on your subscription tier and may change over time.

4. Subscriptions and Payments

4.1 Free and Premium Tiers

Orately offers a limited free experience (onboarding, diagnostic assessment, and initial results). Full access to all features requires a premium subscription.

4.2 Billing

All subscriptions are processed through the Apple App Store. By subscribing, you agree to Apple's terms of sale. Subscription fees are charged to your Apple ID account upon confirmation of purchase.

4.3 Free Trial

We may offer a free trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the then-current rate. You may cancel at any time during the trial without charge.

4.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription through your Apple ID account settings.

4.5 Refunds

All purchases are made through Apple. Refund requests must be directed to Apple in accordance with Apple's refund policies. We do not process refunds directly.

4.6 Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of your next billing cycle. We will provide reasonable notice of price changes through the App or via email.

5. User Content and Recordings

5.1 Ownership

You retain all rights to your voice recordings, transcripts, and other content you create using the App ("User Content"). By using the App, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and analyze your User Content solely to provide, maintain, and improve the services described in these Terms.

5.2 Acceptable Use

You agree not to use the App to:

• Record third parties without their knowledge or consent where required by law
• Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App
• Use the App for any commercial purpose not expressly authorized by us
• Interfere with or disrupt the App's infrastructure, servers, or networks
• Circumvent or disable any security or authentication features
• Use automated means (bots, scrapers) to access the App or its data
• Exploit bugs, glitches, or design flaws to gain an unfair advantage in gamification features

5.3 Recording Consent

You are solely responsible for obtaining all necessary consents and permissions before recording any conversations, meetings, or interactions involving other individuals. Many jurisdictions require all-party consent for audio recording. We are not liable for your failure to obtain required consents.

6. AI-Generated Content Disclaimer

Orately uses artificial intelligence to analyze speech and provide coaching feedback. You understand and agree that:

• AI-generated analysis, scores, feedback, and coaching recommendations are provided for educational and informational purposes only
• AI outputs may contain errors, inaccuracies, or biases and should not be relied upon as the sole basis for any professional, medical, therapeutic, or clinical decision
• Orately is not a substitute for professional speech therapy, medical treatment, or psychological counseling
• Speaking archetypes, scores, and rankings are algorithmic classifications and do not constitute professional assessments
• AI coaching conversations are generated by machine learning models and do not constitute advice from licensed professionals
• We do not guarantee specific improvement outcomes, results, or timelines

7. Intellectual Property

The App, including its design, code, graphics, logos, UI elements, fox mascot character, animations, sounds, and all other proprietary content (collectively, "Our Content"), is owned by Orately and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of Our Content without our prior written consent.

The Orately name, logo, and fox mascot are trademarks of Orately. You may not use these marks without our prior written permission.

8. Gamification and Social Features

The App includes gamification features such as leagues, streaks, XP, badges, and practice buddy matching. You acknowledge that:

• League rankings and leaderboards display anonymized data (fox avatars only, no real names or identifying information)
• Practice buddy matching is anonymous and based on activity patterns
• We reserve the right to modify, reset, or remove gamification features, rankings, or rewards at any time
• Gamification features have no monetary value and cannot be exchanged, transferred, or redeemed for real-world currency or goods

9. Rate Limits and Fair Use

To ensure service quality for all users, the App enforces daily rate limits on certain features, including but not limited to Arena sessions, AI Coach messages, and recording analysis. These limits are subject to change. Attempting to circumvent rate limits is a violation of these Terms.

10. Third-Party Services

The App integrates with third-party services including but not limited to Apple Sign In, Google Sign In, Google Gemini AI, Supabase, RevenueCat, and Mixpanel. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

• The App will be uninterrupted, error-free, or secure
• Analysis results, scores, or feedback will be accurate or complete
• The App will meet your specific requirements or expectations
• Any defects or errors will be corrected
• The App is free of viruses or other harmful components

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORATELY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Orately and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of a third party, including intellectual property rights or privacy rights
• Your User Content
• Your failure to obtain required recording consents

14. Termination

We may terminate or suspend your access to the App at any time, with or without cause, with or without notice. Upon termination:

• Your license to use the App immediately ceases
• We may delete your account data in accordance with our Privacy Policy
• Sections that by their nature should survive termination shall survive (including Sections 11, 12, 13, 15, and 16)

You may terminate your account at any time by deleting your data through the App or contacting us.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration: Any dispute arising from these Terms or the App shall be resolved through binding arbitration administered by a recognized arbitration institution, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted in English. Each party shall bear its own costs.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, collective action, or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and Orately regarding your use of the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, pandemic, power outages, or third-party service failures.
• Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated through the App. Continued use after modifications constitutes acceptance.

17. Apple-Specific Terms

If you are using the App on an Apple device, the following additional terms apply:

• These Terms are between you and Orately, not Apple. Orately, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

18. Contact Information

For questions about these Terms, please contact us:

• Email: adk0110112@gmail.com
• In-App: Settings → Support → Contact Us