Terms of Service

Last Updated: February 1, 2026

1. Acceptance of Terms

By creating an account, accessing, or using any Avena language learning application or website (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

These terms apply to all Avena products including:

• Avena HSK: Chinese language learning and HSK exam preparation (hsk.goavena.com)
• Avena Hamza: Arabic language learning and Hamza Arabic Proficiency Test preparation (hamza.goavena.com)

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility and Age Requirements

2.1 General Eligibility

The Service is designed for users aged 6 years and older.

2.2 Users Under 13 (COPPA Compliance)

• Parents or guardians must create and manage accounts for children under 13
• Certain features may be restricted or require additional parental approval
• Social features (leaderboards) are disabled by default
• AI tutoring features require separate parental consent

2.3 Users Aged 13-17

May use the Service with parental awareness and consent. Parents or guardians agree to be responsible for the minor's use of the Service and compliance with these Terms.

2.4 Parental Responsibilities

Parents and guardians of minor users agree to:

• Supervise the minor's use of the Service
• Be responsible for the minor's compliance with these Terms
• Accept responsibility for any charges incurred by the minor
• Ensure age-appropriate content settings are maintained

3. Description of Service

3.1 Core Features

Avena provides language learning tools including:

• Adaptive Placement Testing: Assessment to determine your proficiency level
• Spaced Repetition Learning: FSRS algorithm-powered vocabulary review for optimal retention
• Microlearning Sessions: 5-30 question practice sessions (2-15 minutes)
• Character/Root Decomposition: Radical-based learning (Chinese) and trilateral root analysis (Arabic)
• Progress Tracking: Analytics, statistics, and exam readiness scores
• Gamification: Streaks, XP, achievements, and optional leaderboards
• Offline Mode: Full offline functionality with automatic sync

3.2 Avena HSK (Chinese)

• HSK exam preparation for levels 1-6
• 3,000+ vocabulary items with pinyin, tones, and meanings
• Character decomposition using 214 Kangxi radicals
• Tone and pronunciation practice

3.3 Avena Hamza (Arabic)

• Arabic vocabulary building aligned with Hamza Arabic Proficiency Test (A2-C1)
• Root-based word learning using trilateral root system
• Pattern recognition for Arabic morphology
• Vocabulary expansion from core roots to derived forms

3.4 Free and Premium Tiers

3.5 Service Availability

We strive for continuous availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control.

4. User Accounts

4.1 Account Creation

To access certain features, you must create an account. You may register using:

• Google Sign-In
• Email and password

You must provide accurate information and keep your account credentials secure.

4.2 Account Responsibilities

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 at support@goavena.com

4.3 Account Restrictions

You may NOT:

• Create multiple accounts to circumvent limits or bans
• Share your account credentials with others
• Transfer your account without our written consent
• Use another person's account without permission

5. User Conduct and Acceptable Use

5.1 Permitted Use

You may use the Service for:

• Personal, non-commercial educational purposes
• HSK, Hamza, or general language proficiency preparation
• Vocabulary and character/root learning

5.2 Prohibited Conduct

You agree NOT to:

• Violate Laws: Use the Service for any unlawful purpose
• Interfere: Disrupt, damage, or overburden the Service or its servers
• Reverse Engineer: Decompile, disassemble, or extract source code
• Automated Access: Use bots, scrapers, or automated tools without authorization
• Circumvent Security: Bypass security measures or access restrictions
• Misrepresent Identity: Impersonate others or misrepresent your affiliation
• Commercial Use: Resell, redistribute, or commercialize our content without permission
• Manipulate System: Artificially inflate statistics, XP, streaks, or achievements
• Abuse AI: Submit inappropriate, offensive, or excessive queries to AI features
• Harm Others: Harass, threaten, or harm other users
• Collect Data: Harvest or collect user data without permission

5.3 Consequences of Violations

Violations may result in:

• Warning or temporary suspension
• Permanent account termination
• Loss of learning progress and achievements
• Legal action where appropriate

6. Premium Subscriptions and Payment

6.1 Subscription Plans

We offer premium subscription plans that provide access to additional features. Subscription details, including pricing and features, are displayed in the app and on our website.

6.2 Billing and Renewal

• Subscriptions are billed in advance on a recurring basis (monthly or annual)
• Subscriptions automatically renew unless cancelled before the renewal date
• Price changes will be communicated at least 30 days in advance
• Payments are processed in USD unless otherwise specified
• You must provide accurate and complete payment information

6.3 Free Trial

We may offer free trial periods for premium features. At the end of the trial, you will be automatically charged unless you cancel before the trial ends.

6.4 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods, except as required by applicable law
• You retain access to premium features until the end of your paid period

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of the Service are owned by Avena or its licensors and protected by international intellectual property laws, including:

• Avena name, logo, and branding
• Software code and algorithms (including FSRS implementation)
• User interface and experience design
• Original mnemonics and learning materials
• Gamification systems and mechanics

7.2 Educational Content

HSK vocabulary lists are based on publicly available Hanban/Chinese Testing International standards. Arabic vocabulary is aligned with recognized proficiency frameworks. Our implementation, supplementary materials, and learning methodologies are proprietary.

7.3 Third-Party Content

We incorporate certain third-party content under appropriate licenses:

• Unihan Database (Unicode License)
• Public domain example sentences and definitions

7.4 Your License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial educational purposes, subject to these Terms.

7.5 Your Content and Data

You retain ownership of your personal learning data. By using the Service, you grant us a license to use this data to provide, improve, and personalize the Service.

8. AI Features and Limitations

8.1 AI Tutoring (Premium Feature)

Our "Ask AI" feature is powered by Anthropic's Claude API and provides:

• Character, grammar, and vocabulary explanations
• Personalized study recommendations
• Mnemonic suggestions and memory aids
• Answers to learning-related questions

8.2 AI Limitations and Disclaimers

• AI responses may occasionally be incorrect or incomplete
• AI cannot guarantee exam success or specific learning outcomes
• AI features are subject to usage limits (see subscription tiers)
• AI features may be modified, updated, or discontinued
• For users under 13, AI features require parental consent

8.3 AI Usage Guidelines

When using AI features, you agree NOT to:

• Submit harmful, offensive, illegal, or inappropriate content
• Attempt to manipulate or "jailbreak" the AI system
• Use AI for purposes unrelated to language learning
• Share AI-generated content in ways that violate intellectual property rights
• Rely solely on AI responses for critical decisions

9. Disclaimers

9.1 "As Is" Provision

THE SERVICE 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, AND NON-INFRINGEMENT.

9.2 No Guarantees

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from using the Service will be accurate or reliable
• Using our Service will guarantee passing any language proficiency examination (HSK, Hamza, CEFR, or other standardized tests)
• Defects in the Service will be corrected

9.3 Educational Disclaimer

Avena is designed to supplement language learning and exam preparation. Success depends on individual effort, study habits, prior knowledge, and exam-day performance. We make no guarantees regarding specific exam results.

9.4 Third-Party Services

We are not responsible for the availability or performance of third-party services (Google Firebase, Anthropic) beyond our reasonable control.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVENA SHALL 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 or your data
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar issues transmitted through the Service
• Any errors, inaccuracies, or omissions in content or materials
• Your reliance on AI-generated content or recommendations

10.2 Cap on Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the greater of:

• The amount you paid to us in the preceding 12 months, OR
• $100 USD

11. Indemnification

You agree to defend, indemnify, and hold harmless Avena and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or share through the Service

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@goavena.com to attempt to resolve any dispute informally. We will respond within 30 days.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, except for claims related to intellectual property rights, which may be brought in court.

12.3 Class Action Waiver

12.4 Exceptions

Nothing in this section shall limit either party's right to seek injunctive or other equitable relief in court for intellectual property infringement or other urgent matters.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Using the "Delete Account" option in Settings
• Contacting us at support@goavena.com

13.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Fraudulent, illegal, or abusive activity
• Non-payment of subscription fees
• Extended inactivity (after notice)
• Discontinuation of the Service

13.3 Effect of Termination

Upon termination:

• Your license to use the Service is immediately revoked
• Your account and data will be deleted in accordance with our Privacy Policy
• Unused subscription time may be forfeited (except where refunds are required by law)
• Provisions that should survive termination (intellectual property, limitation of liability, indemnification, dispute resolution) will remain in effect

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. EU users retain statutory consumer rights under applicable EU law.

14.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avena regarding the Service.

14.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.4 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Any waiver must be in writing.

14.5 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign our rights and obligations freely.

14.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/infrastructure failures.

15. Contact Information

For questions about these Terms, please contact us:

• General Support: support@goavena.com
• Legal Inquiries: legal@goavena.com
• Privacy Matters: privacy@goavena.com
• Website: https://goavena.com