Terms of Service (End-User License Agreement)

Last updated: February 2026

These Terms of Service and End-User License Agreement ("EULA") govern your use of the Moya Chinese Flashcards app ("Licensed Application") and website ("Service"), operated by Moya Labs Ltd ("we", "us", or "our"). By using the Licensed Application, you agree to these Terms.

1. Acknowledgement

The Licensed Application is made available through Apple's App Store, Google Play, and via the web. This EULA is concluded between you and Moya Labs Ltd only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Moya Labs Ltd, not Apple or Google, is solely responsible for the Licensed Application and its content. Where you download the Licensed Application from the Apple App Store, this EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions as of the date you agree to this EULA. Where you download the Licensed Application from Google Play, you must also comply with the Google Play Terms of Service.

2. Scope of License

We grant you a limited, non-exclusive, non-transferable license to use the Licensed Application on devices that you own or control. Where you download the Licensed Application from the Apple App Store, your use is subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions, and the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Where you download the Licensed Application from Google Play, your use is subject to the Google Play Terms of Service. You may also access the Licensed Application via the web at our website.

You agree not to:

• Copy, modify, or distribute the Licensed Application or its content
• Reverse-engineer or attempt to extract the source code
• Use the Licensed Application for any unlawful purpose

3. Minimum Age

You must be at least 13 years of age to use the Licensed Application. If you are under 13, you may only use the Licensed Application with the consent and supervision of a parent or legal guardian. By using the Licensed Application, you confirm that you meet this age requirement or have obtained parental consent.

4. Maintenance and Support

Moya Labs Ltd is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. Warranty

Moya Labs Ltd is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the applicable app store provider (Apple or Google), and they may refund the purchase price for the Licensed Application to you in accordance with their own refund policies. To the maximum extent permitted by applicable law, neither Apple nor Google has any other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Moya Labs Ltd's sole responsibility.

The Licensed Application is otherwise provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the Licensed Application will be uninterrupted, error-free, or free of harmful components. Moya Chinese Flashcards is a language learning aid and does not guarantee any specific learning outcomes. While we strive to ensure that educational content (including translations, character data, and pronunciation guides) is accurate, we do not warrant the completeness or accuracy of such content.

6. Product Claims

You acknowledge that Moya Labs Ltd, not Apple, is responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of it, including but not limited to:

• Product liability claims
• Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation

This EULA does not limit Moya Labs Ltd's liability to you beyond what is permitted by applicable law.

7. Intellectual Property Rights

All content, design, and functionality of the Licensed Application — including text, graphics, logos, and software — are the property of Moya Labs Ltd and are protected by intellectual property laws. You may not reproduce or redistribute any part of the Licensed Application without our written permission.

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Moya Labs Ltd, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

8. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not subject to any sanctions imposed by the United Kingdom (through the Office of Financial Sanctions Implementation) or the European Union, and you will not use the Licensed Application in violation of any applicable UK or EU sanctions regulations.

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if you are using a wireless data connection, you must not be in violation of your wireless data service agreement when using the Licensed Application.

10. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. Where applicable, Google and its subsidiaries are also third-party beneficiaries of this EULA with equivalent rights.

11. User Data

Your study progress and settings are stored locally on your device. We are not responsible for data loss resulting from device failure, app deletion, or other circumstances beyond our control. Please refer to our Privacy Policy for details on how we handle data.

12. Limitation of Liability

Nothing in this EULA shall exclude or limit Moya Labs Ltd's liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law, including under the Consumer Rights Act 2015

Subject to the above, to the fullest extent permitted by law, Moya Labs Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Licensed Application.

Subject to the above, in no event shall Moya Labs Ltd's total aggregate liability to you for all claims arising out of or relating to the Licensed Application or this EULA exceed the total amount you paid to Moya Labs Ltd for the Licensed Application in the twelve (12) months preceding the event giving rise to the claim.

13. Subscriptions

The Licensed Application is free to use. Certain premium features are available through optional auto-renewing subscription plans. By purchasing a subscription, you agree to the following terms:

• Subscription fees are billed in advance on a recurring basis (e.g. monthly or annually) through your app store account (Apple ID or Google Play account) or via our website.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period (for app store purchases) or before the end of the current billing period (for web purchases).
• You can manage or cancel your subscriptions at any time through your App Store account settings, Google Play account settings, or your account on our website, as applicable.
• Refunds for app store purchases are handled by Apple or Google in accordance with their respective refund policies. For purchases made via our website, no refunds will be provided for any unused portion of the current billing period, except as required by applicable law.
• We may change subscription prices from time to time. For app store purchases, price changes will be communicated in accordance with Apple's and Google's respective policies, which may require your consent before the new price applies. For web purchases, we will notify you of any price changes at least 30 days before the new price takes effect. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

14. Termination

We may terminate or suspend your access to the Licensed Application if you:

• Breach any provision of this EULA and fail to remedy the breach within 14 days of receiving written notice from us
• Engage in any illegal activity in connection with the Licensed Application
• Use the Licensed Application in a manner that could damage, disable, or impair the Service

Where the breach poses an immediate risk to the security or integrity of the Service or to other users, we may suspend your access immediately while we investigate.

We may also terminate your access without cause by providing you with at least 30 days' written notice.

If we terminate your access and you hold an active subscription, we will provide a pro-rata refund for any unused portion of your current subscription period (for web purchases) or assist you in requesting a refund through the applicable app store (for app store purchases), unless the termination is due to your breach of this EULA.

Upon termination, your license to use the Licensed Application is revoked and you must cease all use of it.

15. Governing Law and Dispute Resolution

This EULA is governed by the laws of England and Wales. Nothing in this EULA shall deprive you of any mandatory consumer protection rights under the laws of your country of residence.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute arising out of or relating to this EULA through good-faith informal negotiation. The party raising the dispute must send written notice to the other party describing the nature of the dispute and the relief sought. The parties shall have 30 days from the date of such notice to attempt to resolve the dispute informally.

If the dispute is not resolved within 30 days, either party may pursue resolution through the courts of England and Wales. If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence.

16. Changes to This EULA

We may update this EULA from time to time. For material changes, we will notify you at least 30 days before the changes take effect via email or in-app notification. Non-material changes will be posted on this page and take effect upon posting. Your continued use of the Licensed Application after the effective date of any changes constitutes your acceptance of the revised EULA. If you do not agree to the updated terms, you should stop using the Licensed Application before the changes take effect.

17. No Waiver

The failure of Moya Labs Ltd to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Moya Labs Ltd.

18. Severability

If any provision of this EULA is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

This EULA, together with our Privacy Policy, constitutes the entire agreement between you and Moya Labs Ltd regarding the Licensed Application, and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

20. Assignment

Moya Labs Ltd may assign or transfer this EULA and its rights and obligations hereunder, in whole or in part, without your prior consent (for example, in connection with a merger, acquisition, or sale of assets). You may not assign or transfer this EULA or any rights or obligations hereunder without our prior written consent.

21. Force Majeure

Moya Labs Ltd shall not be liable for any failure or delay in performing its obligations under this EULA where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, pandemics, or other force majeure events.

22. Contact

If you have any questions, complaints, or claims with respect to the Licensed Application, please contact us:

Moya Labs Ltd 86-90 Paul Street London, EC2A 4NE United Kingdom

Phone: +44 330 133 3485 Email: support@moyalabs.com