Terms of Service
Last Updated: January 5, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MemoKat ("MemoKat," "we," "us," or "our") concerning your access to and use of the MemoKat mobile application and related services (collectively, the "App" or "Service").
By downloading, installing, accessing, or using the MemoKat app, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
MemoKat is a language learning and study application that helps users master vocabulary and knowledge through customizable flashcards and interactive quizzes. The Service includes:
- Multiple study modes: flashcards, multiple-choice, re-order, listening, speaking, and typing exercises
- Ability to create and organize study sets by language or subject
- Progress tracking with points and daily streaks
- Spaced repetition review system
- Audio playback for pronunciation
- Learning and review modes
- Ability to save and share study sets
3. Eligibility and Account Registration
3.1 Age Requirements
Users must be at least 13 years of age to use the Service. Users between the ages of 13 and 17 must have permission from a parent or legal guardian to use the Service and should be supervised while using the App.
3.2 Account Creation
When creating an account, you agree to:
- Provide accurate, complete, and current registration information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
3.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You shall use all reasonable efforts to prevent unauthorized access to your account.
4. License and Permitted Use
4.1 License Grant
Subject to your compliance with these Terms, MemoKat grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App for your personal, non-commercial educational purposes.
4.2 Permitted Uses
You may use the Service to:
- Create, organize, and study flashcard sets
- Access learning and review materials
- Track your progress and achievements
- Share study sets with other users as permitted by the App
- Use audio features for pronunciation practice
4.3 Restrictions
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction while using the Service
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission
- Reverse engineer, decompile, or disassemble the App or attempt to access its source code
- Circumvent or disable any security features or usage controls
- Use automated systems (bots, scripts, scrapers) to access the Service
- Upload viruses, malware, or other malicious code
- Interfere with or disrupt the Service or servers
- Impersonate any person or entity or misrepresent your affiliation
- Harass, abuse, or harm other users
- Collect or store personal data about other users without consent
5. User-Generated Content
5.1 Your Content
You retain all ownership rights to the content you create, upload, or share through the Service, including flashcard sets, notes, and other study materials ("User Content").
5.2 License to MemoKat
By uploading User Content, you grant MemoKat a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing, operating, promoting, and improving the Service.
5.3 Content Standards
You represent and warrant that your User Content:
- Does not violate any third-party intellectual property rights, copyrights, or trademarks
- Does not contain illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
- Does not contain viruses or malicious code
- Complies with all applicable laws and regulations
5.4 Content Monitoring and Removal
MemoKat reserves the right, but has no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable, in our sole discretion. We may remove such content without prior notice.
5.5 Shared Content
When you share study sets with other users, you understand that other users may access, view, and use that content in accordance with the sharing settings you select.
6. Intellectual Property Rights
6.1 MemoKat Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by MemoKat, its licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Trademarks
MemoKat name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MemoKat. You may not use such marks without our prior written permission.
6.3 Restrictions
Nothing in these Terms grants you any right, title, or interest in the Service or MemoKat's intellectual property, except for the limited license expressly set forth herein.
7. Subscription and Payments
7.1 Free and Premium Features
MemoKat may offer both free and premium subscription tiers. Certain features may require a paid subscription to access.
7.2 Subscription Fees
If you purchase a premium subscription, you agree to pay the applicable subscription fees as displayed in the App. Fees are charged in advance on a recurring basis (monthly or annually, as selected).
7.3 Payment Method
You must provide current, complete, and accurate payment information. By submitting payment information, you authorize MemoKat or its third-party payment processor to charge your payment method for all fees incurred.
7.4 Automatic Renewal
Your subscription will automatically renew at the end of each subscription period unless you cancel before the renewal date. You will be charged the then-current subscription fee.
7.5 Cancellation
You may cancel your subscription at any time through your account settings or the app store through which you purchased. Cancellation will take effect at the end of your current billing period.
7.6 Refunds
All subscription fees are non-refundable except as required by law or as expressly stated in these Terms. We do not provide refunds or credits for partial subscription periods.
7.7 Price Changes
MemoKat reserves the right to change subscription fees at any time. We will provide you with advance notice of any fee increases, and the changes will apply to subsequent subscription periods.
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.
9. Progress Tracking and Data
9.1 Learning Data
MemoKat collects and stores data about your learning activities, including study sessions, quiz results, progress metrics, streaks, and points earned, to provide personalized learning experiences and track your progress.
9.2 Data Backup
While we make reasonable efforts to maintain your data, MemoKat is not responsible for the backup or retention of your User Content. You are solely responsible for maintaining backup copies of your important study materials.
9.3 Data Deletion
Upon account termination or deletion, your User Content and learning data may be permanently deleted in accordance with our data retention policies.
10. Third-Party Services and Links
10.1 Third-Party Services
The Service may integrate with or contain links to third-party services, websites, or content. MemoKat does not control, endorse, or assume responsibility for any third-party services.
10.2 Third-Party Terms
Your use of third-party services is subject to those parties' terms and conditions and privacy policies. You agree that MemoKat is not liable for any loss or damage caused by third-party services.
10.3 Audio and Speech Recognition
Audio playback and speech recognition features may utilize third-party service providers. Your voice recordings may be processed by these providers to provide the Service features.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
MEMOKAT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- That the Service will be uninterrupted, timely, secure, or error-free
- That any errors or defects will be corrected
- That the Service will meet your requirements or expectations
- The accuracy, reliability, or completeness of any content or information
MemoKat does not warrant that the Service will help you achieve any specific learning outcomes or results.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MEMOKAT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Unauthorized access, use, or alteration of your transmissions or content
- Any other matter relating to the Service
IN NO EVENT SHALL MEMOKAT'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO MEMOKAT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless MemoKat and its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
- Your use or misuse of the Service
14. Term and Termination
14.1 Term
These Terms commence when you first access or use the Service and continue until terminated in accordance with this section.
14.2 Termination by You
You may terminate your account at any time by discontinuing use of the Service and deleting your account through the App settings.
14.3 Termination by MemoKat
MemoKat may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately, including if:
- You breach these Terms
- Your conduct is harmful to MemoKat, other users, or third parties
- We are required to do so by law
- Continuing to provide the Service creates a legal or security risk
14.4 Effect of Termination
Upon termination, your right to use the Service will immediately cease. MemoKat may delete your account and User Content. Sections that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution.
15. Modifications to the Service and Terms
15.1 Service Changes
MemoKat reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, without liability to you.
15.2 Terms Changes
We may revise these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App or by other reasonable means. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
15.3 Rejection of Changes
If you do not agree to modified Terms, you must stop using the Service and may terminate your account.
16. Dispute Resolution and Governing Law
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions.
16.2 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@memokat.com. We will attempt to resolve the dispute informally for at least 30 days.
16.3 Binding Arbitration
If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of Vietnam, rather than in court.
16.4 Exceptions
Notwithstanding the arbitration provision, either party may bring a claim in small claims court or seek equitable relief in court for intellectual property infringement.
16.5 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
17. Miscellaneous
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MemoKat regarding the Service.
17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
17.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
17.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without MemoKat's prior written consent. MemoKat may assign these Terms without restriction.
17.5 No Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority to bind MemoKat in any respect.
17.6 Force Majeure
MemoKat shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control.
17.7 Export Controls
You agree to comply with all applicable export and import control laws and regulations in your use of the Service.
18. Contact Information
If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:
MemoKat Support Email: support@memokat.com Website: memokat.com
By using MemoKat, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.