Terms and Conditions of Service

1. General

Pebble ("Pebble," "we," "our," or "us") is a product of FTP Software Ltd, an Australian company (ABN 83618203473). Pebble operates the Pebble websites, mobile applications, and related services (together, the "Service").

By accessing or using the Service, you agree that you have read, understood, and accepted these Terms and Conditions ("Terms"), together with our Privacy Policy. If you do not agree, you must not use the Service.

We may amend these Terms from time to time. Updates will be effective upon posting within the Service or on our website. Your continued use of the Service after updates means you accept the revised Terms.

2. Description of the Service

The Service allows users to access a variety of educational tools, including learning and practising languages through the Pebble mobile apps and related websites.

We may, at our sole discretion and at any time, update, change, suspend, improve, or discontinue any aspect of the Service, temporarily or permanently.

3. Registration and Accounts

When registering for and using the Service, you agree to:

• Provide accurate, current, and complete information about yourself;
• Keep your password and login details secure and confidential;
• Promptly update your account information to keep it accurate and complete; and
• Be fully responsible for all use of your account and any actions taken under your account.

4. Acceptable Use

You are responsible for your use of the Service. Our goal is to maintain a safe, positive, and useful experience. To promote this, you must not:

• Violate any applicable law;
• Upload, share, or distribute harmful, offensive, or infringing content;
• Interfere with the proper operation of the Service; or
• Attempt to reverse engineer, decompile, or otherwise tamper with the Service.

5. Additional Terms

Some features of the Service may be subject to additional terms and conditions ("Additional Terms"). By using those features, you agree to the applicable Additional Terms.

6. License to Use the Apps

Subject to these Terms, Pebble grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use one copy of the Pebble app on a device that you own or control, for personal, non-commercial use.

You must not attempt to derive the source code of any part of the Service, nor reverse engineer, decompile, or disassemble the Service. All intellectual property rights in the Service remain with Pebble and its licensors.

App Store Terms

• Apple App Store: These Terms are between you and Pebble, not Apple. Apple is not responsible for the App or its content. Your use of the App must comply with the App Store Terms of Service. For more information, see Apple's Terms of Service. Apple has no obligation to provide maintenance or support. In case of failure, you may contact Apple for a refund of the purchase price (if any).
• Google Play: Use of the App is also subject to Google Play's terms of service.

6A. AI Features and Content

Some parts of the Service include AI-generated content or use artificial intelligence technologies to provide learning experiences (such as practice sentences, translations, chat responses, or recommendations).

• Accuracy: AI-generated content may occasionally contain errors or inappropriate material. Pebble does not guarantee that AI outputs will always be accurate, reliable, or suitable for your purpose.
• User Responsibility: You agree to use your own judgment when relying on AI-generated content, and you must not use it as a substitute for professional advice (e.g., legal, medical, financial).
• Prohibited Use: You must not submit any sensitive, personal, or confidential information (such as financial details, health information, or government ID numbers) into AI features of the Service.
• Third-Party Providers: Some AI features may involve processing by third-party AI service providers. By using these features, you agree to such processing in accordance with our Privacy Policy.

7. In-App Purchases and Subscriptions

Subscriptions & Auto-Renewal

Some features require a paid subscription or one-time purchase ("Paid Services"). Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.

In-App Items

You may purchase limited, personal, non-transferable, revocable licences to use in-app virtual items or currency. These cannot be sold, transferred, or exchanged outside the Service.

Fees & Taxes

You agree to pay all applicable fees and taxes for Paid Services. All purchases are processed by Apple (App Store) or Google (Google Play), subject to their payment terms.

Refunds

To the extent permitted by law, fees are non-refundable. Nothing in these Terms excludes or restricts your rights under the Australian Consumer Law (ACL), including rights to remedies for major failures. For purchases made through Apple or Google, refunds are handled by them directly.

8. Intellectual Property

All content available through the Service, including text, images, graphics, software, audio, video, and other files, is owned by or licensed to Pebble. You are granted only the limited right to use the Service as set out in these Terms.

Any data, content, or materials you generate or submit while using the Service ("User Content") remain yours, but you grant Pebble a worldwide, royalty-free, non-exclusive licence to use, reproduce, and display that content solely for operating and improving the Service.

9. Third-Party Services & Links

The Service may contain links to third-party websites, advertisers, or services. Pebble does not control and is not responsible for third-party sites or services. Your use of them is at your own risk.

10. Indemnity

You agree to indemnify and hold harmless Pebble, its directors, officers, employees, contractors, and licensors against all claims, damages, losses, liabilities, and expenses (including legal costs) arising from:

• Your access or use of the Service;
• Any breach of these Terms; or
• Any content you submit that infringes the rights of third parties.

11. Disclaimers & Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind;
• We are not liable for indirect, incidental, or consequential losses;
• Our liability to you for any claim is limited to the amount you paid to us in the 12 months prior to the claim.

Nothing in these Terms excludes, restricts, or modifies rights under the ACL that cannot be excluded.

12. Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms. You may stop using the Service at any time. Certain sections (e.g., Intellectual Property, Indemnity, Liability) survive termination.

13. Privacy

Use of the Service is also governed by our Privacy Policy, which forms part of these Terms.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and you agree to the exclusive jurisdiction of its courts.

15. Miscellaneous

These Terms constitute the entire agreement between you and Pebble regarding the Service. If any part of these Terms is found invalid, the rest remains enforceable. Pebble may assign its rights under these Terms.