Terms of Service

1. Acceptance of Terms & Eligibility

These Terms of Service (“Terms”) govern your access to and use of the website, web application, mobile companion applications, smartwatch bridge software, APIs, and associated services (collectively, the “Service” or “Abjad”) operated by Abjad Inc. (“Company”, “we”, “us”, or “our”).

By creating an account, accessing, or using the Service, you confirm that:

• You have read, understood, and agree to be legally bound by these Terms and our Privacy Policy;
• You are at least 13 years of age. If you are between 13 and 18 years of age (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. Children under the age of 13 are strictly prohibited from using the Service.
• You have the legal authority and capacity to enter into these Terms under applicable law.

2. Description of Services & AI Nature

Abjad is an artificial-intelligence-powered conversational language tutoring platform providing interactive text chat, WebRTC voice calls, audio pronunciation analysis, spaced repetition systems (SRS), and guided conversation trees across multiple target languages.

AI Hallucinations and Educational Limitations: You explicitly acknowledge that Abjad’s tutor personas (including “The Dot”, “The Root”, and “The Bloom”) and conversational outputs are generated by probabilistic machine learning models, large language models (LLMs), neural text-to-speech (TTS), and automatic speech recognition (ASR).

While we strive for grammatical and pedagogical precision, AI outputs may occasionally be inaccurate, incomplete, misleading, or unexpected. The Service is provided solely for supplemental educational practice. Abjad does not confer official CEFR language accreditation, certified academic credit, or professional, legal, or medical advice.

3. Accounts, Security & API Keys

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and keep your account details updated.

You are solely responsible for maintaining the confidentiality of your account credentials, session tokens, and API keys (including keys issued for Pebble smartwatch bridges or mobile companions). You accept full responsibility for all activities, data transmissions, and charges incurred under your account. You must notify us immediately at security@talkabjad.ai if you suspect any unauthorized access or security breach.

4. Subscriptions, Billing & Stripe Payments

Paid Tiers: Abjad offers free access tiers and paid premium subscriptions (“Abjad Premium”), which unlock advanced features such as persistent episodic memory recall, shadow mistake tracking, and high-fidelity voice streaming.

Billing & Auto-Renewal: Subscription fees are billed in advance on a recurring monthly or annual basis through our payment processor, Stripe, Inc. By subscribing, you authorize Abjad and Stripe to charge your designated payment method automatically at each renewal interval until you cancel.

Cancellation & Refunds: You may cancel your subscription at any time via the Stripe Customer Portal in your account settings. Cancellation takes effect at the end of your current paid billing period. To the maximum extent permitted by applicable law, all subscription fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused features.

5. User Content & Mandatory AI Model Training License

5.1 Definitions:

• “User Content” means all text, messages, prompts, queries, grammar corrections, notes, quiz answers, vocabulary items, feedback, and session logs submitted, inputted, or transmitted by you through the Service.
• “Voice & Audio Data” means all real-time WebRTC audio streams, microphone audio inputs, voice recordings, speech waveforms, phonetic alignments, pronunciation samples, acoustic features, and corresponding audio transcripts captured or generated during your sessions with the Service.

5.2 Comprehensive License Grant: You retain ownership of your underlying User Content and Voice & Audio Data. However, as a material condition of using the Service, you hereby grant Abjad Inc., its affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to collect, record, host, store, stream, reproduce, modify, adapt, transcribe, translate, analyze, create derivative works of, distribute, and otherwise process your User Content and Voice & Audio Data for:

1. Operating, delivering, personalizing, and maintaining the Service;
2. Training, pre-training, fine-tuning, aligning, evaluating, optimizing, and commercializing proprietary artificial intelligence, machine learning, deep learning, and statistical models, including without limitation:
   • Autonomous Voice-to-Voice Large Language Model (LLM) agents and multimodal speech reasoning systems;
   • Automatic Speech Recognition (ASR), phonetic alignment, and speech-to-text models;
   • Neural Text-to-Speech (TTS), acoustic parameterization, and voice synthesis models;
   • Natural Language Processing (NLP), semantic embeddings, and automated language assessment models;
3. Developing, commercializing, licensing, and distributing any new AI software, products, APIs, or services created by Abjad Inc. or its commercial partners.

5.3 Mandatory Condition & No Opt-Out: You acknowledge and agree that this license grant is a core, non-negotiable consideration for your access to the Service. The license applies to both free and paid users across all platforms (web, mobile, watch, and voice gateways). Abjad does not offer an opt-out from AI model training. If you do not agree to this license, you must immediately discontinue all use of the Service.

5.4 Perpetuity of Model Weights & Non-Disgorgement: You expressly understand and agree that machine learning models, neural network weights, latent embeddings, algorithmic parameters, and mathematical representations derived from or trained upon your User Content or Voice & Audio Data become the permanent, independent intellectual property of Abjad Inc.

Because neural network model weights represent irreversible mathematical abstractions and cannot be “un-trained”, you waive any right to demand deletion, destruction, roll-back, unlearning, disgorgement, or modification of any trained models or model weights, notwithstanding any account closure, data deletion request, or termination of these Terms.

5.5 Ingestion Controls & Feature Settings: Abjad Inc. reserves the right, in its sole operational discretion, to apply automated filtering, PII de-identification, data deduplication, or specialized feature configurations (such as Bring-Your-Own-Key [BYOK] private distillation settings where enabled) to select, filter, or restrict specific data streams prior to training ingestion. The implementation of any such technical filters or feature configurations does not waive, limit, or diminish the legal scope of the overarching license granted under this Section 5.

6. Wiretap & All-Party Call Recording Consent

Abjad provides interactive real-time voice conversations via WebRTC and bidirectional gRPC voice streaming. To provide this functionality and perform model training as authorized under Section 5, your microphone input and voice call sessions are streamed, recorded, analyzed, and transcribed in real time.

Express Written Consent: You represent and warrant that you are aware of and explicitly consent to the recording, monitoring, interception, and transcription of all voice calls and audio communications conducted through Abjad.

You agree that this consent satisfies all notification and consent requirements under applicable federal, state, and local wiretapping, electronic surveillance, and eavesdropping statutes, including without limitation the federal Electronic Communications Privacy Act (ECPA, 18 U.S.C. § 2510 et seq.), the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 et seq.), the California Invasion of Privacy Act (CIPA, Cal. Penal Code § 630 et seq.), the Illinois Eavesdropping Act (720 ILCS 5/14-1 et seq.), the Florida Security of Communications Act (Fla. Stat. § 934.01 et seq.), the Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. § 5701 et seq.), and the Massachusetts Wiretap Act (M.G.L. c. 272 § 99).

7. Acceptable Use Policy (AUP)

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law, regulation, or court order;
• Attempt adversarial “prompt injections”, model extraction attacks, “jailbreaks”, or other techniques intended to bypass AI safety filters, retrieve underlying system prompts, or exfiltrate model weights;
• Reverse engineer, decompile, disassemble, or derive the source code of any aspect of the Service, including the Go backend edge, WebRTC media gateway, or voice pipeline;
• Scrape, crawl, harvest, or extract data from the Service using automated bots, spiders, or scripts without our prior express written consent;
• Bypass rate limits, probe infrastructure vulnerabilities, or initiate denial-of-service (DoS) attacks;
• Submit or transmit content that is defamatory, obscene, harassing, threatening, hateful, discriminatory, or that infringes any third party’s intellectual property or privacy rights;
• Distribute malicious code, viruses, trojans, worms, or other harmful software components.

We reserve the right, without prior notice, to suspend or terminate accounts that violate this Acceptable Use Policy and pursue any available legal remedies.

8. Intellectual Property Rights

Except for your underlying User Content, all rights, title, and interest in and to the Service—including all software, source code, APIs, databases, UI designs, animations, sound recordings, tutor personas (“The Dot”, “The Root”, “The Bloom”), pedagogical curriculums, trademarks, service marks, and trade names—are and will remain the exclusive property of Abjad Inc. and its licensors.

All machine learning models, neural network architectures, weights, checkpoint weights, synthetic voice engines, and derived algorithms trained or optimized by Abjad Inc. constitute proprietary intellectual property and trade secrets of Abjad Inc.

9. Disclaimer of Warranties

Read this section carefully as it limits our liability to the extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

ABJAD INC. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES; NOR DO WE MAKE ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED RESPONSES, PRONUNCIATION SCORES, OR PEDAGOGICAL OUTCOMES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ABJAD INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ABJAD INC. ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT PAID BY YOU TO ABJAD INC. FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCNWA): Pursuant to N.J.S.A. 56:12-14 et seq., certain provisions within these Terms may not apply to consumers residing in New Jersey to the extent that New Jersey law prohibits limitations on remedies, warranty disclaimers, or specific liability caps. Nothing in these Terms shall limit or exclude liability where such limitation is prohibited by New Jersey law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Abjad Inc., its parent companies, affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, liabilities, losses, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from:

• Your breach or alleged breach of these Terms or the Acceptable Use Policy;
• Your User Content, Voice & Audio Data, or transmissions through the Service;
• Your violation of any third-party rights, including intellectual property, publicity, or privacy rights;
• Your violation of any applicable laws, rules, or regulations.

12. Dispute Resolution, Mandatory Binding Arbitration & Class Action Waiver

12.1 Informal Dispute Resolution: Prior to filing a claim, both you and Abjad Inc. agree to attempt to resolve the dispute informally. You must send a written notice of dispute detailing your claim and desired relief to legal@talkabjad.ai. We will attempt to resolve the issue within thirty (30) days. If informal resolution fails, either party may initiate arbitration.

12.2 Arbitration Rules & Forum: Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The AAA rules are accessible at www.adr.org. Arbitration shall take place in the State of New Jersey, or may be conducted remotely via teleconference or written submissions to the extent permitted by AAA rules.

12.3 CLASS ACTION WAIVER: YOU AND ABJAD INC. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to combine or aggregate similar claims or conduct any class-wide proceeding.

12.4 30-Day Arbitration Opt-Out: You have the right to opt out of the arbitration agreement contained in this Section 12. To opt out, you must send an email with the subject line “Arbitration Opt-Out” to legal@talkabjad.ai within thirty (30) calendar days of the date you first agreed to these Terms. Your opt-out notice must include your full legal name, account email address, and an unambiguous statement that you decline arbitration. Opting out of arbitration does not affect any other provision of these Terms.

13. Governing Law & Jurisdiction

These Terms, their interpretation, and any dispute arising from or related to the Service shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without giving effect to any principles of conflicts of law.

To the extent any judicial proceeding is permitted under these Terms (including any claim following a valid arbitration opt-out or actions seeking emergency injunctive relief for intellectual property infringement), both you and Abjad Inc. irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New Jersey.

14. General Terms & Contact

Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding and agreement between you and Abjad Inc. regarding the Service, superseding all prior oral or written negotiations, agreements, or representations.

Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

Modifications: We may revise these Terms periodically. If revisions are material, we will provide advance notice via email or a prominent banner in the Service. Your continued use of Abjad following the effective date of any changes constitutes your binding acceptance of the updated Terms.