Terms & Conditions

Thank you for using Recit ("Recit") – a language learning mobile software application available on the Apple App Store allowing you to learn languages through immersive stories (collectively, the "Services").

Recit is operated by VOODOO SAS, a French société par actions simplifiée, whose registered office is at 17 rue Henry Monnier, 75009 Paris, France registered at the Companies Registry of Paris under number 792 483 307 ("Voodoo", "Us", "We" or "Our").

Your use of Recit and of the Services is governed by, and subject to, these terms and conditions (the "Terms").

BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OLD OR OLDER, AND YOU ACKNOWLEDGE THAT THE TERMS ONLY RULE THE RELATIONSHIP BETWEEN YOU AND RECIT.

Please read these Terms carefully before you decide whether to accept them. If you do not agree to these Terms, you may not access, browse, or use Recit or the Services, and should discontinue your activities immediately. If you access Recit, you are agreeing to these Terms.

1. Definitions

Account shall mean Your Recit account created via the App.

Distribution Channels shall mean the distribution channels: the Apple App Store through which Recit is available for download.

User(s) shall mean any individual who accesses Recit ("You" or "Your").

2. Your Access to Recit

Eligibility

Recit may only be accessible and used by Users: 1/ for purely non-commercial and lawful purposes – unless expressly authorized by Voodoo in writing, and 2/ who are 13 years old or older.

Account

In order to access the Services, you shall use your Account.

Account Creation

To create Your Account, You shall download Recit and provide personal information such as name, age, and language preferences.

As part of Your Account creation and, as long as You have an Account, You undertake to:

• provide complete and truthful personal information,
• create and use only one Account – i.e., you shall delete any Accounts You have created/used before creating a new Account,
• choose a username that is not obscene, lewd, slanderous, pornographic, improper, abusive, violent, insulting, indecent, threatening, or contains any harassing language of any kind or infringe any intellectual property right or other rights of a third party.

Voodoo reserves the right, at its sole discretion, to require you to change Your username or any other content submitted or uploaded, or refuse the registration of Users without justification.

Account Deletion

You have the right to delete Your Account at any time through the App. You acknowledge and agree that if You delete Your account, or if We delete Your account in accordance with these Terms, You will lose access to any data in Your account. To terminate your Account, please send an Account deletion request to recitapp.contact@gmail.com. Once a request is received and confirmed:

• We will delete all User information, except for the information that We are legally obliged to retain or which may be necessary for establishing, exercising, or defending Voodoo legally,
• the User will not be able to recreate an Account with Recit,
• all licenses, and rights granted to You under these Terms automatically terminate.

Account Suspension and Termination

Voodoo reserves, at its own discretion, the right to temporarily suspend (for an indefinite period of time) or permanently terminate your Account. In the event of a termination, You will not be permitted to register for a new Account or become a User without Voodoo's express consent.

Account Security

You acknowledge and agree that Your Account is personal to you and that you are not entitled to transfer Your account to any other person. You shall not rent, sell or give away Your Account information. You are responsible for keeping Your Account information secure, secret, and confidential.

In-App Purchases

You may purchase specific features through in-app purchases. No refund shall be granted in case of removal of your User Account.

3. Your Use of the App

You may use Recit and/or the Services only for lawful purposes.

Content

Voodoo provides Recit Users with access to language learning content via the App, including but not limited to stories, texts, audio recordings, vocabulary lists, quizzes, and any other educational materials ("Content").

User's Undertakings

By using the App, and accepting these Terms, You agree to:

• use the Content only for personal, non-commercial language learning purposes,
• not copy, reproduce, distribute, or share any Content outside the App,
• not attempt to circumvent any content protection or access restrictions,
• comply with all applicable laws, rules and regulations.

Privacy

At Voodoo, We take Your privacy seriously. Voodoo has implemented technical and organizational measures to protect Your personal data. For more information, please read Our Recit Privacy Policy accessible at recitapp.com/privacy.

4. Provisions of the Services by Recit

Use

As long as You are in compliance with these Terms, We provide You a non-exclusive, personal, non-transferable, revocable limited license to Recit and the Services only for your personal private non-commercial, entertainment and educational use. You must exercise this license in accordance with these Terms. Recit and the Content are licensed, not sold or transferred to you, and Voodoo and its licensors retain ownership of all copies of Recit software applications and Content even after installation on your devices.

Content Protection

You must not copy, reproduce, republish, redistribute, modify, license, sublicense, distribute, transmit, display, perform, publish, reverse engineer, create derivatives based on Recit or any content made available on Recit, or otherwise exploit, through any means or media, any of the Content.

No Ownership

You acknowledge and agree that you shall have no right, title, or interest in any of Recit or the Services, including without limitation any content that appears in Recit, other than the license granted to you by these Terms.

Changes in the Services

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to:

• stop offering and/or supporting the Services or part of the Services;
• terminate or suspend Your license to use the Services or any part of it;
• modify or discontinue the Services;
• modify or remove any of the information contained in the Services;
• charge fees in connection with the use of the Services;
• modify any legal documentation related to Recit including these Terms & Conditions.

Recit's Proprietary Rights

The Services are the property of Voodoo or Voodoo's licensors. All Recit trademarks, service marks, trade names, logos, domain names, and any other features of Recit brand are the sole property of Voodoo or its licensors. These Terms do not grant you any rights to use any Recit's proprietary rights whether for commercial or non-commercial use.

Equipment and Devices

You accept that You are solely responsible for the supply and maintenance of all the devices that You use in order to access the Services. We do not warrant that the Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use the Services.

5. Term and Termination

These Terms shall apply from the moment You accept them and access the Services and shall remain in force until deletion of Your account, whether by You or Voodoo. All provisions of these Terms which, by nature, are intended to survive termination shall remain in effect, including but not limited to Section 6 - Limitation of Liability.

6. Limitation of Liability

RECIT, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT RECIT OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOUR USE OF RECIT IS AT YOUR OWN RISK.

IN NO EVENT WILL VOODOO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, THE APP, THE USE OF THE SERVICES, OR THE DELAY OR INABILITY TO USE THE SERVICES.

In no event shall Our total liability for all damages, losses, and causes of action exceed the amount paid by You during the three (3) months preceding the claim. You acknowledge and agree that, if you have not paid anything to Us during this time period, your sole remedy (and our exclusive liability) is for you to stop using Recit and the Services.

Indemnification

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of these Terms; (2) any activity in which you engage on or through the Service; and (3) your violation of any law or the rights of a third party.

Apple App Store Notice

If you have downloaded Recit from Apple Inc. ("Apple") App Store or if you are using Recit on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Voodoo only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

7. Dispute Resolution by Arbitration

Agreement to Arbitrate

All claims and disputes arising out of or relating to this Agreement or its Terms, the Privacy Policy, the App, the Services, the Content, and/or your Use of any of the Application shall be finally settled by binding arbitration administered by JAMS (for U.S. residents), under their rules and procedures as applicable.

YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR PRIVATE ATTORNEY GENERAL ACTION.

Informal Resolution

Prior to initiating arbitration, You must first raise Your complaint with the customer support team at recitapp.contact@gmail.com ("Informal Resolution"). If the parties do not reach an agreement within ninety (90) days, then either party may initiate binding arbitration.

Class Action Waiver

You and We agree that disputes will be resolved only on an individual basis, not part of a class, collective, or representative action.

Governing Law and Venue

If you reside or use our Services in the U.S, you agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms. You and We irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California.

8. Miscellaneous

Entire Agreement and Severability

The Terms and the policies and agreements incorporated herein by reference, as amended, constitute the entire agreement between You and Voodoo. If any part of the agreement is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You may not transfer, assign, sub-license, or pledge in any manner Your account or any of your rights or obligations under these Terms. We may transfer, assign, sub-license, or pledge in any manner any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party, without notifying you or receiving your consent.

Language

You acknowledge that these Terms and all documents incorporated by reference have been drafted in English. If any of the agreements are translated into another language, the English language version shall prevail in any event.

Force Majeure

Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident or energy shortage, pandemic, or any other cause outside of our control, We shall not be liable for any delay or failure of any provisions.

Contact

If You have any questions about these Terms or the Services in general, please contact Us at recitapp.contact@gmail.com.