Article 1 (Purpose)
These Terms of Service ("Terms") govern the use of MomSpeaking (the "Service"), a foreign-language learning service provided by MENKONI LLC. (the "Company", "we", "us"), and set out the rights, obligations and responsibilities of the Company and of users.
Article 2 (Definitions)
- "Service" means the foreign-language learning content and all related services that the Company provides through its mobile application and website.
- "User" or "you" means a person who agrees to these Terms and uses the Service.
- "Account" means the entitlement to use the Service that the Company grants in order to identify you and provide the Service.
- "Paid Service" means any part of the Service that the Company provides for a fee.
- "Subscription" means the right to use the Paid Service for a fixed period, which renews automatically at the end of that period unless you cancel it.
- "Redemption Code" means a string issued by the Company that allows the user who registers it to use the Paid Service free of charge for a fixed period.
- "Store" means the digital marketplace through which the application is distributed and payments are made, such as the Apple App Store or Google Play, and refers to the one from which you obtained the application and through which you paid.
Article 3 (Publication and amendment of these Terms)
- The Company publishes these Terms in the Service and on its website so that you can read them at any time.
- The Company may amend these Terms to the extent permitted by applicable law.
- If the Company amends these Terms, it will give notice at least 7 days before the amendment takes effect, stating the effective date and the reason. Where an amendment is unfavourable to users, the Company will give notice at least 30 days in advance and will also notify you individually, by in-app notice or by email.
- You may refuse an amendment, in which case you may terminate this agreement. If the Company's notice states that failure to object by the effective date will be treated as acceptance, and you do not object by that date, you will be taken to have accepted the amendment. This paragraph does not apply where the law of your country of residence requires your express agreement to a change.
- Earlier versions of these Terms are available in the revision history.
Article 4 (Formation of the agreement)
- This agreement is formed when you accept these Terms and create an Account.
- Accounts are created using an Apple account, a Google account, or a one-time code sent to your email address. The Company does not collect or store passwords.
- The Company may refuse an application, or may terminate this agreement after
accepting it, in any of the following cases.
- You have used another person's name, email address or payment method without authorisation.
- You do not meet the age requirement in Article 5.
- Your agreement was previously terminated by the Company for breach of these Terms.
- The application otherwise breaches applicable law or these Terms.
Article 5 (Age requirement)
- You must be at least 14 years old to use the Service.
- The Company does not knowingly collect personal information from anyone under 14. If we learn that an account belongs to someone under 14, we will delete that account and the related information without undue delay.
Article 6 (Provision of the Service)
- The Company provides the following.
- Learning cards, and the saving and restoring of your learning progress
- Machine-synthesised audio for the learning content
- Statistics derived from your learning records
- Any other service that the Company develops or offers in future
- The Service requires an internet connection and may be unavailable depending on your network conditions. You are responsible for your own data charges.
- The Company aims to provide the Service 24 hours a day, all year round. The Company may nonetheless suspend all or part of the Service for maintenance or replacement of equipment, for operational reasons, or because of circumstances affecting a third party such as the Store or a telecommunications provider. The Company will give notice in advance, or afterwards where advance notice is not reasonably possible.
Article 7 (Paid Service and payment)
- The Paid Service is offered as a Subscription that renews automatically each month.
- Payment is taken through the Store. Registration of payment methods, billing, collection, cancellation and refunds are handled by the Store operator. The Company does not collect or store your card number or any other payment details.
- Prices and currencies are those shown on the purchase screen in the application and in the Store.
- A Subscription renews automatically on the same terms at the end of each period unless you cancel it, and the fee is charged at renewal to the payment method registered with the Store. To prevent the next renewal you must cancel by the deadline the Store sets; on the Apple App Store, that is at least 24 hours before the end of the current period.
- If the Company changes its prices, it will give notice of the change and its effective date in advance. How a change applies to existing subscribers is governed by the Store's policy.
Article 8 (Free trial period and Redemption Codes)
- The Company gives you a 30-day free trial period when you first create an Account. It starts without any payment method, and nothing is charged when it ends.
- The free trial period is given once per person. If you delete your Account and create a new one with the same email address, it is not given again. The information the Company keeps in order to check this is described in the Privacy Policy.
- The Company may issue Redemption Codes, for example for promotions. The
following applies to them.
- A code must be registered within its validity period; an expired code cannot be registered.
- A single-use code can be registered only once.
- Codes have no cash value and are not refundable.
- Codes may not be transferred or sold to another person for value.
- The Company may withdraw a period granted by a code that was obtained or used improperly.
- A period granted by a Redemption Code begins when your free trial period, or any period already granted, ends.
- The Company may change or discontinue the free trial period and Redemption Codes. A period already granted to you is not affected by such a change.
Article 9 (Cancellation and refunds)
- Cancellation of a purchase and any refund are governed by the policy and procedures of the Store through which you paid.
- For purchases made through the Apple App Store, refunds are handled by Apple, and the Company cannot cancel or refund the payment itself. You can request a refund from Apple at reportaproblem.apple.com or from the settings on your device.
- For purchases made through Google Play, you can request a refund from Google Play under Google's refund policy (Google Play refunds). Where the period Google allows has passed, or in other cases, you may ask the Company for a refund at the address in Article 17(3); the Company will deal with the request in accordance with applicable law and Google Play's policy and will tell you the outcome.
- If you ask the Company for a refund, the Company will explain the procedure and will co-operate with the Store operator so far as it is able.
- Nothing in this Article affects any statutory right of cancellation, withdrawal or refund that you have under the law of your country of residence. This includes, without limitation, the right of consumers in the United Kingdom to cancel a contract for digital content under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the rights of consumers in Australia and New Zealand described in Article 15(4). Because purchases are made through the Store, requests of this kind are processed by the Store operator, or, for purchases made through Google Play, may also be made to the Company under paragraph 3.
Article 10 (Cancelling a Subscription)
- You can stop a Subscription from renewing at any time. Cancellation is done in the Store's subscription settings, and the application provides a link to that screen.
- If you cancel, you keep access to the Paid Service until the end of the period you have already paid for.
- You must cancel a Subscription yourself, in the Store; the Company does not cancel Subscriptions on your behalf. Where a refund is made under Article 9, however, the Subscription may end in accordance with the Store's policy.
Article 11 (Deleting your Account and terminating the agreement)
- You can ask to delete your Account at any time from the settings screen in the application. If you cannot use the application, you can ask by email as described on the account deletion page.
- When your Account is deleted, your information — including your learning records and settings — is destroyed as described in the Privacy Policy. Deleted information cannot be recovered.
- Deleting your Account does not cancel your Store subscription. To stop automatic payments you must also cancel in the Store, as described in Article 10.
- If you breach these Terms, the Company may ask you to put the breach right and, if you do not do so within a reasonable period, may terminate this agreement. Where a breach is serious enough to disrupt the operation of the Service immediately, the Company may terminate without first asking.
Article 12 (Your obligations)
You must not do any of the following.
- Use another person's account, email address or payment method without authorisation.
- Access the Service by means other than those the Company provides, or use automated means to collect or copy the content.
- Reverse-engineer, copy or modify the application, or attempt to do so.
- Interfere with the normal operation of the Service.
- Copy, distribute, transmit or commercially exploit the learning content without the Company's prior written consent.
- Obtain or use a Redemption Code improperly, or trade one for value.
- Otherwise breach applicable law or these Terms.
Article 13 (Intellectual property and licence)
- Copyright and other intellectual property rights in the Service and in the learning content — including example sentences, explanations, translations, audio and screen design — belong to the Company or to the respective rights holders.
- The Company grants you a personal, non-transferable licence, without any right to sub-licence, to use the Service for your own non-commercial learning.
- The audio in the learning content is machine-synthesised (TTS).
- Application obtained from the Apple App Store. Your licence to use the application is also subject to Apple's Licensed Application End User License Agreement. Where that agreement and these Terms conflict in respect of the licence to the application itself, Apple's terms prevail; in all other respects these Terms apply. This agreement is between you and the Company, not Apple, and the Company alone is responsible for the Service and its content. Apple has no obligation to provide maintenance or support for the application. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Article 14 (Changes to and suspension of the Service)
- The Company may change the content of the Service and will give notice of the change and its effective date in advance.
- Parts of the Service provided free of charge may be changed or discontinued in accordance with the Company's policy.
- If the Company discontinues the Paid Service, it will refund the part of any period you have paid for but not used, or provide equivalent compensation, in accordance with applicable law.
Article 15 (Limitation of liability)
- The Company is not liable for a failure to provide the Service caused by an event beyond its reasonable control.
- The Company is not liable for loss caused by the failure of facilities or services operated by a third party — such as the Store, a telecommunications provider or an authentication provider — except where the Company is at fault.
- The Company takes care over the accuracy of the learning content, but language being what it is, translations and explanations may contain errors or reflect one view among several. The Company does not guarantee any particular learning outcome or examination result.
- Nothing in these Terms excludes or limits our liability where it
would be unlawful to do so. In particular:
- we do not exclude liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation;
- if you are a consumer in the United Kingdom, nothing in these Terms affects your rights under the Consumer Rights Act 2015, including the right to digital content that is of satisfactory quality, fit for purpose and as described;
- if you are a consumer in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms excludes, restricts or modifies those guarantees;
- if you are a consumer in New Zealand, the Consumer Guarantees Act 1993 applies and nothing in these Terms limits it;
- if you are a consumer in the Republic of Korea, nothing in these Terms limits the Company's liability under consumer protection legislation.
Article 16 (Privacy)
The Company collects the minimum personal information needed to provide the Service. How that information is handled is set out in the Privacy Policy.
Article 17 (Notices)
- The Company gives notice to you by in-app notice or by email to the address registered with your Account.
- Notice to users generally may be given by publishing it in the application or on the website for at least 7 days. Matters that materially affect you will be notified individually.
- You can contact the Company at info@menkoni.com.
Article 18 (Governing law and jurisdiction)
- These Terms and any dispute arising from them are governed by the law of the Republic of Korea.
- If you are a consumer, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from under the law of the country in which you are habitually resident.
- The Company and you will try in good faith to resolve any dispute. If that fails, you may bring proceedings in the courts of the Republic of Korea or in the courts of the country in which you are resident. The Company will bring proceedings against a consumer only in the courts of the country in which that consumer is resident.
Addendum
These Terms take effect on October 24, 2026.