Terms and Conditions

Welcome to Daily Kana. By accessing or using our platform, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully before using our services. If you do not agree to these Terms, you may not access or use Daily Kana.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Daily Kana.

If you are using Daily Kana on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Eligibility

You must be at least 13 years of age to use Daily Kana. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use Daily Kana under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using Daily Kana, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the platform.

3. User Accounts

3.1 Account Creation

To access certain features of Daily Kana, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Daily Kana will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abuse of our services.

4. AI Service Usage and Abuse Prevention

4.1 Acceptable Use

Daily Kana provides AI-powered conversation practice and feedback services. These services are intended solely for language learning purposes. You agree to use the AI services in good faith and in accordance with their intended purpose.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Attempting to generate excessive or infinite API calls to our AI services with the intent to induce financial costs to our infrastructure
• Using automated scripts, bots, or other tools to spam our AI conversation system or feedback analysis
• Making rapid, repeated requests to our services in a manner that could disrupt service availability for other users
• Attempting to reverse engineer, decompile, or extract the underlying AI models or algorithms
• Using the service to generate content for commercial resale or redistribution without express written permission
• Submitting malicious, harmful, or deliberately nonsensical input designed to confuse or corrupt the AI systems
• Attempting to bypass, circumvent, or manipulate any usage limits, rate limiting, or billing mechanisms

4.3 Rate Limiting and Fair Use

Daily Kana implements reasonable rate limiting and usage monitoring to ensure fair access for all users and to protect our infrastructure. We reserve the right to throttle, suspend, or terminate access to users who engage in usage patterns that we determine, in our sole discretion, to be abusive, excessive, or inconsistent with normal language learning activities.

4.4 Cost Recovery

In the event that you engage in activities that result in excessive and unreasonable infrastructure costs due to abuse of our AI services, we reserve the right to seek recovery of such costs. This includes, but is not limited to, costs incurred from deliberate service abuse, automated attacks, or malicious usage patterns. We will make reasonable efforts to contact you and resolve the issue before pursuing cost recovery.

5. Service Availability and Modifications

Daily Kana is provided on an "as is" and "as available" basis. We do not guarantee that the service will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice.

We may perform scheduled or emergency maintenance that temporarily restricts access to the platform. We will make reasonable efforts to notify users of planned maintenance in advance, but are not obligated to do so.

6. Subscription and Payment Terms

6.1 Pricing

Daily Kana offers both free and paid subscription tiers. Pricing for paid tiers is displayed on our website and may be changed at any time. We will provide advance notice of any price changes for existing subscribers, and such changes will take effect at the start of your next billing cycle.

6.2 Billing

Paid subscriptions are billed on a recurring basis according to the billing cycle you select (monthly or annually). By subscribing to a paid tier, you authorize us to charge your payment method on a recurring basis. You are responsible for providing current and accurate payment information.

6.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing period, and you will retain access to paid features until that time.

We do not offer refunds for partial subscription periods, except as required by law or in cases of technical failure on our part that prevents you from accessing the service. Free trial periods may be offered at our discretion and are subject to the terms specified at the time of the offer.

7. Intellectual Property

7.1 Platform Content

All content on Daily Kana, including but not limited to text, graphics, logos, scenarios, AI-generated responses, software, and the compilation of all content, is the property of Daily Kana or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 User Content

You retain ownership of any content you submit to Daily Kana during conversation practice. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and analyze your submissions for the purposes of providing and improving our services, including training and refining our AI models.

7.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from Daily Kana without our express written permission. You may not use any automated means to scrape, collect, or harvest content from the platform.

8. AI-Generated Content Disclaimer

Daily Kana utilizes artificial intelligence to generate conversation scenarios, dialogue responses, and linguistic feedback. While we strive to provide accurate and helpful content, AI-generated responses may contain errors, inaccuracies, or culturally inappropriate content.

We do not guarantee the accuracy, completeness, or appropriateness of any AI-generated content. Users should exercise their own judgment and, when necessary, consult with qualified language instructors or native speakers for verification.

Daily Kana is not responsible for any reliance you place on AI-generated content or for any consequences resulting from such reliance.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Daily Kana and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service
• AI-generated content, including but not limited to inaccurate linguistic feedback, inappropriate cultural guidance, or errors in conversation scenarios

In no event shall Daily Kana's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the service during the twelve (12) months immediately preceding the event giving rise to liability, or one hundred dollars ($100), whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Daily Kana and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the service, including but not limited to your user content, any use of the service's content other than as expressly authorized in these Terms, or your violation of any rights of a third party.

11. Privacy

Your use of Daily Kana is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

12. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Daily Kana operates, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or your use of Daily Kana shall be resolved through good faith negotiation. If a dispute cannot be resolved through negotiation, you agree to submit to the exclusive jurisdiction of the courts located in our jurisdiction of operation.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of this document. We may also notify you via email or through an in-platform notification.

Your continued use of Daily Kana after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the service.

14. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination, your right to use the service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the service, constitute the entire agreement between you and Daily Kana concerning your use of the service and supersede any prior agreements between you and Daily Kana regarding the same.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Daily Kana
Email: vranken.eben@outlook.com