Lost Arrow Studios, LLC

Terms of Service

Last Updated: [DATE] Effective: [DATE]

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING DIGAMO. BY DOWNLOADING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

About These Terms

These Terms of Service ("Terms") govern your use of the Digamo mobile application (the "App") operated by Lost Arrow Studios, LLC ("Company," "we," "us," or "our"), a New Hampshire limited liability company. These Terms also serve as the End User License Agreement (EULA) required by the Apple App Store.

By downloading, installing, or using the App, you agree to these Terms and our Privacy Policy, which is incorporated herein by reference. We may update these Terms from time to time. Material changes will be communicated via in-app notification. Your continued use after changes take effect constitutes acceptance.

Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent that you meet this requirement. If you are between 13 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Attorney Note Please advise on COPPA compliance and whether the onboarding age gate satisfies the 'reasonable measures' standard. Also advise on whether any jurisdiction requires a minimum age of 16.

License to Use

3.1 — Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial language learning purposes. This license includes use under Apple's Family Sharing feature as permitted by Apple's Usage Rules.

3.2 — Restrictions

You may not:

Copy, modify, distribute, sell, or sublicense the App or any part of it
Reverse engineer, decompile, or disassemble the App or the AI model files included with it
Attempt to extract, copy, or redistribute the AI model (Qwen3) or voice files (Kokoro or Piper) bundled with the App
Use the App for any commercial purpose without our prior written consent
Use automated tools, bots, or scripts to interact with the App
Use the App in any way that violates applicable law

3.3 — AI Model and Voice Files

The App includes third-party AI model and voice files licensed under their respective open-source licenses. Qwen3 is developed by Alibaba Cloud and is subject to the Qwen License Agreement. Kokoro voice models are subject to the Apache 2.0 license. Piper voice models (used for Swedish) are subject to their respective open-source licenses. Your use of these components through the App is subject to those licenses in addition to these Terms.

Attorney Note Please review the Qwen3 license (qwen.readthedocs.io), the Kokoro Apache 2.0 license, and applicable Piper voice model licenses (Swedish: CC0) to confirm there are no commercial use restrictions or attribution requirements that affect App Store distribution.

Subscriptions and Billing

4.1 — Subscription Plans

Digamo requires a paid subscription for full access. Current pricing is displayed in the App and in the App Store listing. We reserve the right to change pricing with reasonable advance notice.

4.2 — Billing Through Apple

All subscriptions are purchased and managed through the Apple App Store. Billing, payment processing, refunds, and subscription management are governed by Apple's terms and handled entirely by Apple. We do not receive, store, or process your payment information.

To cancel your subscription, use the standard Apple subscription cancellation process in your iPhone Settings → Apple Account → Subscriptions. Cancellation takes effect at the end of the current billing period.

4.3 — Free Trial

We may offer free trial periods at our discretion. Trial eligibility is determined by Apple and is generally limited to users who have not previously subscribed. Your subscription will automatically convert to a paid subscription at the end of the trial unless cancelled beforehand.

4.4 — Refunds

Refund requests are handled by Apple in accordance with their refund policy. To request a refund, use Apple's standard process at reportaproblem.apple.com.

4.5 — Family Sharing

Digamo supports Apple's Family Sharing feature. A single subscription may be shared with family members as permitted by Apple's Family Sharing terms. Each family member's use of the App is subject to these Terms.

4.6 — Lifetime Access

We may offer a one-time lifetime access purchase at our discretion. A lifetime access purchase grants you a non-transferable, non-refundable license to use the App for as long as the App remains commercially available, subject to these Terms.

Lifetime access includes all App updates released during the App's active commercial lifetime. It does not guarantee that the App will remain available indefinitely. We reserve the right to discontinue the App at any time in accordance with Section 12 of these Terms. In the event of discontinuation, lifetime access purchasers will receive reasonable advance notice but are not entitled to a refund, as the App will have been provided and available for use during the period of availability.

Lifetime access is for a single Apple ID and does not include Family Sharing unless explicitly stated at the time of purchase. Lifetime access purchases are processed through the Apple App Store and are subject to Apple's standard in-app purchase terms. As with all App Store purchases, refund requests are handled by Apple.

Acceptable Use

5.1 — Permitted Use

The App is for your personal, non-commercial language learning use. You may use it to practice conversation, build vocabulary, and improve your language skills in the supported languages.

5.2 — Prohibited Conduct

You agree not to:

Attempt to circumvent, disable, or interfere with the App's security or functionality
Attempt to reverse engineer, extract, or redistribute the AI model or voice files
Attempt to manipulate the AI language partner through prompt injection, jailbreaking, or other techniques designed to cause it to operate outside its intended purpose
Use the App to generate, distribute, or transmit content that is unlawful, harmful, or otherwise objectionable
Resell or sublicense access to the App or its features
Use the App in any way that violates applicable laws or regulations

5.3 — AI Limitations

The App provides AI-generated language practice for conversational use only. The AI language partner:

Is not a licensed teacher, certified language instructor, or professional translator
May make errors, produce unnatural phrasing, or provide inaccurate information
Runs on your device and generates responses based on the on-device model; quality may vary by device and language
Should not be relied upon as the sole source of language instruction for high-stakes purposes

We make no representation that use of the App will result in any particular level of language proficiency.

Intellectual Property

6.1 — Our Property

The App, excluding the third-party AI model and voice files, is owned by Lost Arrow Studios, LLC and protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the App.

6.2 — Third-Party Components

The App incorporates third-party open-source components including Qwen3 (AI language model, Alibaba Cloud), Kokoro (text-to-speech voice models, Apache 2.0), and Piper (text-to-speech voice models for Swedish). These components are subject to their respective open-source licenses. Nothing in these Terms grants you rights beyond those provided by the applicable open-source licenses.

6.3 — Feedback

If you submit feedback or suggestions about the App, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation or attribution.

Privacy

Your use of the App is subject to our Privacy Policy, available within the App under Settings → Legal → Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

Digamo is designed so that your conversations, voice, and learning data never leave your device. See the Privacy Policy for full details.

Disclaimers

THE APP 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. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

The App relies on AI models that may produce errors, inconsistencies, or inaccurate language guidance. We make no guarantees regarding language learning outcomes. Results depend on many factors outside our control, including user effort and consistency of practice.

The App requires an iPhone 16 or later with iOS 26 or later. Performance may vary by device. We make no warranty regarding the App's performance on any specific device configuration.

Attorney Note Please review disclaimer language for enforceability under New Hampshire law and applicable consumer protection statutes. Some jurisdictions do not allow exclusion of implied warranties.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOST ARROW STUDIOS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).

Attorney Note Please review the liability cap for enforceability under New Hampshire law.

Indemnification

You agree to indemnify and hold harmless Lost Arrow Studios, LLC and its members, officers, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any applicable law or third-party rights.

Dispute Resolution

11.1 — Informal Resolution

Before initiating any formal dispute, please contact us at support@digamo.ai and attempt to resolve the matter informally. We will use good-faith efforts to resolve issues within 30 days.

11.2 — Governing Law

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict of laws principles.

11.3 — Arbitration

Attorney Note Please draft an arbitration clause appropriate for a consumer-facing mobile app under New Hampshire law, including: (1) arbitration organization and rules; (2) small claims court carve-out; (3) class action waiver and enforceability in NH; (4) location and cost allocation.

Changes to the App

We may update, modify, or discontinue the App or any feature at any time. App updates may include improved AI models or voice files, which will be downloaded to your device when available. We will provide reasonable notice of material changes that affect paid subscribers.

Termination

These Terms remain in effect until terminated. You may terminate by deleting the App and cancelling your subscription. We may terminate your license if you violate these Terms. Sections 6, 8, 9, 10, 11, and 14 survive termination.

Apple App Store Additional Terms

These Terms of Service serve as the End User License Agreement (EULA) for purposes of the Apple App Store. The following additional provisions apply to users who downloaded the App from the Apple App Store:

These Terms are between you and Lost Arrow Studios, LLC only, not Apple. Apple is not responsible for the App or its content.
Apple has no obligation to provide maintenance or support services for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
If a third party claims the App infringes their intellectual property rights, Lost Arrow Studios, LLC — not Apple — is solely responsible for the investigation, defense, settlement, and discharge of that claim.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government prohibited or restricted parties list.
You must comply with applicable third-party terms of agreement when using the App, including your wireless data carrier's terms of service.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.

General Provisions

15.1 — Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Lost Arrow Studios, LLC regarding your use of the App.

15.2 — Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.

15.3 — Waiver

Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.

15.4 — Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger or acquisition.

15.5 — Export Compliance

You represent that you are not located in a country subject to U.S. export controls or sanctions and are not a prohibited or restricted party under applicable U.S. law.

15.6 — Contact

Questions about these Terms:

Lost Arrow Studios, LLC

Email: support@digamo.ai

PO Box 703, Intervale, NH 03845