Terms of Service

1.Agreement to These Terms#

Welcome to Arbor. These Terms of Service (“Terms”) form a binding legal agreement between you and Arbor (“Arbor,” “we,” “us,” or “our”), operated from Los Angeles, California, United States. They govern your use of the Arbor mobile application, the learnarbor.com website, and every related feature, lesson, conversation, and service we provide (together, the “Service”).

By tapping to accept these Terms, creating an account, or using the Service, you confirm that you have read and agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Service.

We record the date and time you accept these Terms as part of your account record.

2.Who May Use Arbor#

Arbor is for people aged 16 and over.

By using the Service you represent and warrant that:

• you are at least 16 years old;
• you have the legal capacity to enter into a binding contract;
• you are not barred from using the Service under the laws of the United States or of your country of residence; and
• you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

We set the age floor at 16 on purpose. It sits above the threshold in the U.S. Children’s Online Privacy Protection Act and meets the highest digital-consent age applied across the European Union, so one clear rule applies wherever you are.

If you are under 16, you may not create an account or use the Service. If we learn that an account belongs to someone under 16, we will close it and delete the associated data.

If you use Arbor on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.

3.Your Account#

To use most of Arbor you need an account, which you can create with an email address, Apple Sign In, or Google Sign In.

You agree to:

• provide accurate account information and keep it current;
• keep your login credentials and device passcode private;
• accept responsibility for all activity that happens under your account; and
• tell us promptly at noah@learnarbor.com if you believe someone else has gained access to your account.

One person, one account. Please do not share, sell, or transfer your account, or let anyone else use it. We may reclaim a username or close duplicate accounts.

To the maximum extent permitted by law, we are not liable for any loss arising from another person’s use of your account, whether or not you authorized it.

4.What Arbor Is#

Arbor is an AI-powered language learning service. It builds lessons, conversations, stories, review cards, and progress estimates around information you give us about your life, goals, and situation.

Arbor is an educational tool. It is not a substitute for a qualified human teacher, a certified translator or interpreter, an accredited language program, or professional advice of any kind. Nothing Arbor produces is a certification, an accredited qualification, or an official language assessment recognized by any government, university, employer, or examination body.

We may add, change, or discontinue features at any time. We may also set, change, and enforce usage limits — including limits on conversation minutes, review sessions, lessons, and request rates — to keep the Service running well for everyone.

5.Licence to Use Arbor#

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of the Arbor app on an Apple-branded device that you own or control, and to access the Service, in each case for your own personal, non-commercial language learning.

That licence is the whole of what is granted. We reserve all rights not expressly granted. In particular, you may not:

• copy, modify, translate, adapt, or create derivative works of the Service;
• reverse engineer, decompile, or disassemble any part of the Service, or attempt to derive its source code, prompts, models, or algorithms, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or host the Service for third parties;
• remove or obscure any proprietary notice; or
• use the Service to build a competing product or service, or to train any machine learning or artificial intelligence model.

Your use of the app must also comply with the Usage Rules in Apple’s App Store Terms of Service.

6.Free Access and Arbor Pro#

Arbor offers a free tier and a paid subscription called Arbor Pro.

The free tier includes a daily allowance of AI conversation time, a daily allowance of review cards, and one complete lesson per week. Current allowances are shown in the app and enforced by our servers. We may change these allowances at any time.

Arbor Pro lifts those allowances and unlocks additional features. What Pro includes is described in the app at the time you subscribe.

Access to any particular feature is not guaranteed beyond your current paid subscription term.

7.Subscriptions, Auto-Renewal, and Cancellation#

Arbor Pro is an auto-renewing subscription, currently offered on a monthly plan and an annual plan.

Payment is handled by Apple. When you subscribe inside the iOS app, you are buying through your Apple Account. We never receive or store your payment card details. Apple’s payment terms and the App Store Terms of Service apply to that transaction.

By subscribing you agree that:

• Price. The price is the one shown on the App Store at the moment you confirm the purchase, in your local currency, plus any applicable taxes. The App Store price controls.
• Automatic renewal. Your subscription renews automatically at the end of each billing period for another period of the same length, at the then-current price, unless you cancel.
• Timing of the charge. Apple charges your Apple Account within 24 hours before the end of the current period.
• How to stop renewal. You must cancel at least 24 hours before the end of the current period. Cancelling inside that 24-hour window takes effect at the end of the following period.
• Where to cancel. You cancel through Apple, not through us: open Settings on your device, tap your name, tap Subscriptions, select Arbor, then Cancel. You can also manage subscriptions in the App Store app. Deleting the Arbor app does not cancel your subscription.
• What happens after you cancel. Pro access continues until the end of the period you have already paid for. It does not stop the moment you cancel.
• Introductory offers. If a free trial or introductory offer is ever made available, any unused portion is forfeited when you buy a subscription, and unless you cancel at least 24 hours before the offer period ends, it converts automatically into a paid subscription at the then-current price.

If a charge does not go through, we may pause or downgrade Pro access until payment is resolved.

If we later offer subscriptions outside the App Store, the payment terms for that channel will be presented at checkout and will govern that purchase.

8.Refunds#

All purchases are final except where a refund is required by law.

Because Apple processes App Store purchases, Apple issues refunds under its own policies. We cannot issue, guarantee, or compel a refund for an App Store purchase. You can request one at reportaproblem.apple.com.

We do not provide credits or refunds for partial subscription periods, for periods in which you did not use the Service, or for features that change or are discontinued during your term.

If you live somewhere that gives you a statutory right to withdraw from or cancel a purchase, this section does not affect that right.

9.Price Changes#

We may change subscription prices. A change applies to your subscription only from the start of the next billing period after notice is given, and Apple will notify you and, where required, ask for your consent before charging a higher price. If you do not accept a new price, you may cancel before your next renewal.

10.Apple-Specific Terms#

This section applies to the Arbor app downloaded from the Apple App Store, in addition to the rest of these Terms. If anything in this section conflicts with another section, this section controls for the app.

1. These Terms are between you and Arbor only, not Apple. Apple is not a party to this agreement and is not responsible for the app or its content.
2. Scope of licence. The licence granted in Section 5 is non-transferable and limited to use of the app on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple’s App Store Terms of Service, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. Arbor is solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services.
4. Warranty. Arbor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app does not conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any non-conformity to any warranty are Arbor’s sole responsibility.
5. Product claims. Arbor, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including product liability claims, any claim that the app does not conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy, or similar legislation, and claims relating to the use of the HealthKit or HomeKit frameworks.
6. Intellectual property claims. If a third party claims that the app or your possession and use of the app infringes that third party’s intellectual property rights, Arbor, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints, and claims about the app should be directed to Arbor at noah@learnarbor.com.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the app.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

11.Your Content and the Permission You Give Us#

“Your Content” means anything you provide to or create through the Service: the profile information you enter during onboarding (occupation, interests, goals, situation), sentences you write, answers you give, voice recordings you make, messages you send in conversations and capstones, feedback you submit, and anything else you upload or submit.

Your Content stays yours. We do not claim ownership of it.

To run Arbor we need your permission to handle it. You grant Arbor a worldwide, non-exclusive, royalty-free, transferable licence, sublicensable only to the service providers described below, to host, store, reproduce, transmit, display, adapt, translate, analyze, and create derivative works of Your Content, solely for these purposes:

• delivering the Service to you, including generating your lessons, conversations, stories, review cards, corrections, and progress estimates;
• storing your learning history so your progress persists across sessions and devices;
• passing Your Content to the third-party providers identified in our Privacy Policy strictly so they can carry out processing on our behalf;
• maintaining, securing, debugging, and improving the Service, including improving the quality of our content, teaching materials, and measurement models;
• producing aggregated or de-identified statistics and research that do not identify you; and
• complying with law and enforcing these Terms.

This licence is limited to those purposes. We do not sell Your Content. We do not publish it, display it publicly, or use it in marketing that identifies you without your separate permission.

The licence ends when you delete the content or your account, with three narrow exceptions: copies held in routine backups for a limited period, aggregated or de-identified data that no longer identifies you, and anything we are required to keep to comply with law.

You represent and warrant that you own or have the necessary rights to Your Content, and that Your Content does not infringe anyone’s rights or violate any law.

You are responsible for what you put into Arbor. Please do not enter sensitive information you would not want stored — government identification numbers, financial account details, health information, or another person’s personal information — into lessons, conversations, or your profile.

You can export your data or delete your account at any time from the Profile tab in the app. Our Privacy Policy explains what each of those does.

12.Voice Recordings and Speech Processing#

Speaking is central to Arbor, so this gets its own section.

When you speak to Arbor, your device records audio and sends it to our servers. We pass that audio to specialist third-party providers to turn it into text and to score pronunciation, and we send text to a speech synthesis provider so Arbor can speak back to you. Those providers process it on our behalf under contract.

In normal operation we process voice audio in memory to produce a transcript and a pronunciation score, and we do not retain the audio recording afterwards. We do store the resulting transcripts, scores, and learning signals as part of your learning history, because your progress is built from them.

Please record only yourself, only where recording is lawful, and please do not record other people without their permission.

Microphone access is requested through your device’s permission system and you can withdraw it at any time in iOS Settings. Speaking features will not function without it.

13.AI-Generated Content#

Much of what you see in Arbor — explanations, example sentences, corrections, conversation replies, stories, and coaching messages — is generated by artificial intelligence models, including third-party models we access on your behalf. It is produced automatically. No human reviews it before it reaches you.

AI-generated content can be inaccurate. A translation may not be idiomatic. A grammar explanation may be incomplete or oversimplified. A correction may miss the mark. Cultural notes may be dated or may not reflect regional usage. This is a known and, today, unavoidable property of the technology.

You agree that:

• you will not rely on Arbor’s output for any consequential purpose — legal, medical, financial, immigration, academic, safety-related, or professional translation — without independent verification by a qualified human;
• you will use your judgement before repeating anything Arbor produces in a real-world setting; and
• AI output is provided for educational purposes only, on an “as is” basis.

Two users may receive different output from the same prompt, and output for the same prompt may change over time. We do not warrant that AI output is accurate, complete, current, appropriate for your situation, or suitable for any particular purpose.

If something Arbor produces looks off, please tell us at noah@learnarbor.com or through in-app feedback. It is genuinely useful, and it is how the Service gets better.

14.Progress Estimates and Learning Outcomes#

Arbor estimates your ability across several dimensions and describes it using CEFR levels (A1, A2, B1, and so on). We are direct about what that is: an inference drawn from your activity inside Arbor, not an official assessment.

Those estimates are produced by our own measurement models from the evidence available to us. They may move up or down as evidence accumulates. They are not administered under exam conditions, not proctored, not standardized, and not recognized by any government, university, employer, or examining body. Capstone conversations and any level shown in the app are internal to Arbor.

We do not guarantee any learning outcome. We do not promise that you will reach any particular level, pass any external examination, achieve fluency, hold a conversation by any date, or gain any professional, academic, or immigration benefit. Language learning depends on your effort, your consistency, your prior experience, your circumstances, and factors outside anyone’s control.

Any timeline, goal, projection, memory forecast, or “building toward” statement shown in the app is a motivational estimate based on typical patterns. It is not a promise, a commitment, or a guarantee of results.

15.Acceptable Use#

Use Arbor to learn a language. You agree not to do any of the following.

Regarding the Service

• access the Service by any means other than our published app and website, including scraping, crawling, automated scripts, bots, or unauthorized API clients;
• circumvent, disable, or interfere with usage allowances, subscription gating, rate limits, authentication, or any security or access control;
• probe, scan, or test the vulnerability of any Arbor system, or breach any security or authentication measure;
• introduce malware, or interfere with, overload, or disrupt the Service or the servers and networks behind it;
• extract, harvest, or systematically collect content, prompts, curricula, or data from the Service;
• attempt to discover, extract, or reproduce our system prompts, rubrics, model instructions, or assessment logic, or manipulate the Service into revealing them;
• use the Service or its output to develop, train, fine-tune, evaluate, or benchmark any machine learning or artificial intelligence model, or any competing product; or
• resell, sublicense, or commercially exploit the Service or access to it.

Regarding content and conduct

• submit content that is unlawful, infringing, defamatory, harassing, hateful, sexually explicit, or that sexualizes minors in any way;
• submit content that promotes violence, self-harm, terrorism, or illegal activity;
• attempt to make Arbor produce any of the above, or use the Service to generate spam, disinformation, fraudulent material, or content designed to deceive;
• impersonate any person or organization, or misrepresent your affiliation with one;
• upload another person’s personal information without their permission, or record another person without their consent; or
• use the Service in violation of any applicable law, export control, or sanctions regime.

We may investigate suspected violations, and we may remove content, restrict features, or suspend or close accounts as described in Section 20. Where conduct may be unlawful, we may report it to the appropriate authorities.

Some of these limits are enforced automatically, including content filtering and rate limiting. Automated protections are imperfect, and how they operate does not waive any of our rights.

16.Feedback#

If you send us ideas, suggestions, bug reports, or feature requests, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose, without compensation, attribution, or any obligation to you. Please do not send us anything you consider confidential or proprietary.

17.Our Intellectual Property#

The Service and everything in it other than Your Content — including the Arbor name and logo, the app and website, our software, designs, user interfaces, animations, curricula, lesson structures, exercises, stories, audio, measurement models, system prompts, rubrics, and databases, and all associated intellectual property — is owned by Arbor or our licensors and is protected by United States and international copyright, trademark, trade secret, and other laws.

Content generated for you by the Service, to the extent it is protectable and to the extent we hold rights in it, is licensed to you under Section 5 for your personal learning. It is not assigned to you.

You may not use the Arbor name, logo, or branding without our prior written permission.

18.Copyright Complaints#

We respect intellectual property rights. If you believe material on the Service infringes your copyright, send a notice to noah@learnarbor.com containing:

• your physical or electronic signature;
• identification of the copyrighted work you claim is infringed;
• identification of the material you claim is infringing, and where it is located on the Service;
• your address, telephone number, and email address;
• a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We will respond to valid notices in accordance with the Digital Millennium Copyright Act, and we will close the accounts of repeat infringers in appropriate circumstances.

19.Third-Party Services#

The Service depends on third parties, including Apple, our cloud and database hosts, AI model providers, speech recognition and speech synthesis providers, pronunciation assessment providers, subscription management, analytics, and monitoring. Our Privacy Policy identifies the categories of providers that process your data.

We are not responsible for third-party services, their availability, their content, their terms, or their privacy practices. Your use of a third-party service is governed by that party’s terms. If a third-party service becomes unavailable, changes, or shuts down, features that depend on it may change or stop working, and we are not liable for that.

The Service may contain links to third-party websites. A link is not an endorsement.

20.Suspension and Ending Your Account#

You may leave at any time. Delete your account from the Profile tab in the app. Deletion removes your learning data as described in our Privacy Policy. If you hold an active subscription, please cancel it separately through Apple — deleting your account does not cancel an App Store subscription, and neither does deleting the app.

We may suspend or close an account if we reasonably believe you are not complying with these Terms, if your use creates legal risk or harm to us, to other users, or to third parties, if your use threatens the security or integrity of the Service, if we are required to act by law, or if we discontinue the Service.

Where it is reasonable and lawful to do so, we will give you notice and, for conduct that can be put right, a chance to put it right. For serious or repeated conduct, or where advance notice would create risk, we may act immediately.

If we close your account because you have not complied with these Terms, you are not entitled to a refund of any prepaid amount, to the extent permitted by law. If we discontinue the Service entirely while you hold a paid subscription, we will make a reasonable effort to arrange a pro-rata refund for the unused portion of your paid term, noting that App Store refunds are issued by Apple.

Provisions that by their nature should survive do survive, including Sections 11, 13, 14, 16, 17, and 21 through 29.

21.Disclaimer of Warranties#

Please read this section carefully. It limits what you may expect from us as a matter of law.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

To the maximum extent permitted by applicable law, Arbor and its officers, employees, agents, suppliers, and licensors disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting that, we do not warrant that:

• the Service will be uninterrupted, timely, secure, or free from defects;
• defects will be corrected;
• the Service or the servers behind it are free of harmful components;
• any content, translation, correction, explanation, pronunciation score, level estimate, or other output is accurate, complete, reliable, current, or fit for any purpose;
• the Service will meet your requirements or produce any particular result; or
• your data will always be available, retained, or recoverable.

You use the Service at your own discretion and risk, and you are solely responsible for any loss of data or damage to any device or system resulting from that use.

No advice or information, whether oral or written, obtained from Arbor or through the Service, creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. In that case, such warranties are limited to the minimum duration and scope permitted by law.

22.Limitation of Liability#

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Arbor and its officers, directors, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, use, or business opportunity, arising out of or relating to these Terms or the Service, whether based in contract, tort (including negligence), strict liability, warranty, statute, or any other theory, and whether or not we were advised of the possibility of such damages.

This includes, without limitation, damages arising from: your use of or inability to use the Service; any inaccuracy in AI-generated content, translations, corrections, or level estimates; any decision you make or action you take in reliance on the Service; any interruption, suspension, or discontinuation of the Service; any loss or corruption of your data; any unauthorized access to your account or your data; and the conduct of any third party.

Our total aggregate liability arising out of or relating to these Terms or the Service, for all claims combined, will not exceed the greater of (a) the total amount you actually paid Arbor for the Service in the twelve months immediately before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply even if a remedy stated in these Terms does not achieve its essential purpose. They are a fundamental basis of the bargain between us: our pricing reflects this allocation of risk, and without it we could not offer the Service on these terms.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or under any consumer protection law that cannot be waived.

23.Indemnification#

You agree to indemnify, defend, and hold harmless Arbor and its officers, directors, employees, agents, suppliers, and licensors from and against any claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your Content;
• your use of the Service;
• your violation of these Terms;
• your violation of any law or of the rights of any third party, including intellectual property and privacy rights; and
• any recording you make of another person.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of that claim. You will not settle any matter that imposes an obligation on us without our prior written consent.

24.Governing Law#

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of California, without regard to its conflict of law rules, and by applicable federal law of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 25, you and Arbor agree that the exclusive venue for any dispute not subject to arbitration is the state or federal courts located in Los Angeles County, California, and each party consents to personal jurisdiction there.

If you are a consumer resident in a jurisdiction whose law grants you the protection of mandatory local consumer rules, this section does not affect those rules.

25.Dispute Resolution, Arbitration, and Class Action Waiver#

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY TRIAL.

25.1 Informal resolution first. Most concerns can be sorted out quickly. Before starting arbitration or any proceeding, you agree to contact us at noah@learnarbor.com with a written description of the dispute, the relief you are seeking, and the email address on your account, and to allow us 60 days to resolve it informally. We agree to do the same for any dispute we raise with you. This step is a condition precedent to starting arbitration, and any limitations period is tolled while it runs.

25.2 Agreement to arbitrate. If we cannot resolve a dispute informally, you and Arbor agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship — including its formation, interpretation, breach, termination, validity, or enforceability, and including claims that arose before you accepted these Terms — will be resolved exclusively by final and binding individual arbitration, and not in court.

25.3 Rules and forum. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this section. Those rules are available at adr.org. Arbitration will be before a single arbitrator. The seat of arbitration is Los Angeles County, California; hearings may be held by telephone or video, or in the county of your residence if you ask. The Federal Arbitration Act governs the interpretation and enforcement of this section.

25.4 Authority of the arbitrator. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has exclusive authority to decide the enforceability of the Class Action Waiver in Section 25.6. The arbitrator may award any relief available in court on an individual basis. The award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

25.5 Costs. AAA’s Consumer Arbitration Rules govern the allocation of filing and arbitration fees. Each party is responsible for its own attorneys’ fees unless a statute or the arbitrator’s award provides otherwise. If the arbitrator finds that a claim or a request for relief was brought for an improper purpose, the arbitrator may shift fees as permitted by the AAA rules and applicable law.

25.6 Class action waiver. YOU AND ARBOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If a court decides this Class Action Waiver is unenforceable as to a particular claim or a particular request for relief, then that claim or request for relief — and only that one — will proceed in court, and the remainder of the dispute will proceed in arbitration. Nothing in this section prevents you from seeking public injunctive relief to the extent that right cannot be waived under applicable law.

25.7 Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, you and Arbor each waive any right to a trial by jury.

25.8 Exceptions. This section does not apply to: (a) claims brought in small claims court, provided the claim stays individual and stays in that court; (b) claims for temporary or permanent injunctive relief to stop unauthorized use or abuse of the Service, or infringement of intellectual property rights; and (c) any claim that applicable law does not permit to be arbitrated.

25.9 Your 30-day right to opt out. Arbitration is not compulsory. You may opt out of Sections 25.2 through 25.7 by emailing noah@learnarbor.com within 30 days of the date you first accept these Terms, with the subject line “Arbitration Opt-Out” and including your name and the email address on your account. Opting out does not affect any other part of these Terms, and we will not treat you differently for doing it.

25.10 Changes to this section. If we materially change this Section 25 after you have accepted these Terms, you may reject the change by emailing us within 30 days of the change taking effect, in which case the most recent version you accepted will apply between us.

26.Changes to These Terms#

We may update these Terms as Arbor changes and as the law changes. When we do, we will update the “Last updated” date at the top.

If a change is material, we will give you reasonable advance notice — by in-app notice, by email, or by asking you to accept the updated Terms before you continue.

Changes are not retroactive. Continuing to use the Service after an update takes effect means you accept the updated Terms. If you do not accept them, please stop using the Service and delete your account. Section 25.10 governs changes to the arbitration agreement.

27.General Terms#

Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for a specific feature or purchase, are the entire agreement between you and Arbor regarding the Service, and supersede any earlier agreement or understanding.

Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force. Section 25.6 contains its own rule, and that rule controls for the Class Action Waiver.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

No third-party beneficiaries. Except for Apple as stated in Section 10, and except for the parties indemnified under Section 23 and the parties whose liability is limited under Sections 21 and 22, these Terms create no third-party beneficiary rights.

Force majeure. We are not liable for any delay or non-performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, government action, epidemics, power or internet outages, and the unavailability or interruption of any third-party service the Service depends on.

Notices. We may give you notice by email to the address on your account, by in-app message, or by posting on the Service. You give us notice at noah@learnarbor.com. Notices take effect when sent.

Independent parties. These Terms create no partnership, joint venture, employment, or agency relationship.

Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version controls.

U.S. Government users. The app is “commercial computer software” under applicable federal acquisition regulations, and any use, duplication, or disclosure by the U.S. Government is subject to the restrictions in these Terms.

Export. You agree to comply with all applicable export and re-export control laws and regulations.

28.Notice for California Residents#

Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

You may cancel your subscription at any time through the App Store as described in Section 7, and you keep any cancellation rights California law gives you.

29.Contact Us#

Arbor
[legal entity name]
Los Angeles, California, United States
noah@learnarbor.com

We read everything that arrives there. If something in these Terms is unclear, please ask — we would rather explain it than have you agree to something you do not follow.