Milaki Terms of Use

Effective date: [DATE]. Last updated: [DATE].

Entity: [VERIFY: ORTHOREP LLC, a Washington limited liability company, doing business as Milaki [VERIFY: trade-name registration]], [PLACEHOLDER: mailing address]

Acceptance of Terms

By downloading or using Milaki for iPhone, or using Milaki on the web (together, "the App"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use the App. These Terms are effective as of [DATE].

Milaki is operated by [VERIFY: ORTHOREP LLC, a Washington limited liability company]. "We", "our", and "us" mean ORTHOREP LLC.

These Terms, together with our Privacy Policy and, if you buy anything, our Subscription and Refund Terms, are the entire agreement between you and ORTHOREP LLC about the App and replace any earlier agreements or communications. [COUNSEL: confirm the "entire agreement" wording is acceptable for consumers in Australia, New Zealand, and Canada.]

Eligibility

You must be at least 13 years old to use Milaki, or older if the law where you live sets a higher minimum age for using apps like this one. If you are under 18, you may use Milaki only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for any purchases. The App does not verify age. Milaki is not directed to children under 13 and is not in the Kids Category. [CONFIRM: under-18 permission rule.]

[COUNSEL: Is 13 an adequate minimum in Canada (including Quebec), Australia, and New Zealand? Does under-18 parental permission work for contracts in those places?]

Where Milaki Is Available

At launch, Milaki is offered in the United States, Canada, Australia, and New Zealand. On iPhone we use your App Store country; on the web we use a country signal from our hosting provider. If you use Milaki from somewhere else, you do so on your own responsibility and under the laws of that place. We may add or remove countries at any time.

What Milaki Is

Milaki is a Modern Greek learning app for iPhone and the web. It offers graded short stories you read line by line (Greek with American English translations), narration audio, practice exercises, and spaced review cards.

Works offline, without an account. You can use Milaki fully without signing in. Your progress, answers, review cards, settings, and downloads are stored on your own device, and without an account there is no cloud copy of your data.

The App does not include social features or tutoring from a person. Much of its story text and narration is made with artificial intelligence, and optional AI help may be offered, as described in "Educational Content and AI Content Disclaimer" below.

Optional accounts. Some features, such as syncing between devices and live AI help (when available), need an account. We do not offer public self-signup at this time: accounts are created by us. You sign in with your email address and a six-digit one-time code we send you. Keep your email account secure; you are responsible for activity under your account. [CONFIRM: describe how someone gets an account, such as an invitation or waitlist.] You can sign out at any time, and the App asks whether to keep or remove your work on the device.

Free to Use, and Paid Features

Milaki is free to start. Some features need Milaki Plus, a paid subscription billed yearly (with a free trial for eligible new subscribers) or monthly. Milaki Plus is sold only in the iPhone app through Apple’s App Store; nothing is sold on the web. The price, billing, trial, cancellation, and refund rules appear in the App before you buy and in our Subscription and Refund Terms. Those terms are part of these Terms once they apply. We will not charge you for anything you already use for free without asking you first. [CONFIRM: keep only if the paywall honors it; Review stays free, and features that are free today stay free.]

Apple handles billing. If you buy paid features, you agree to the following Apple-standard terms:

• Payment is charged to your Apple ID at confirmation of purchase.
• Subscriptions renew automatically unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within 24 hours before the end of the current period.
• Refunds are handled by Apple under Apple’s policies. Request them through Apple, not through us. This does not limit any right you have under consumer law that cannot be excluded (see "Nothing Limits Your Consumer Rights" below).

The Subscription and Refund Terms cover cancellation, trials, restoring purchases, and the rest.

Your Data

On your device. You are responsible for your devices and for keeping copies of data that matters to you. If you do not sign in, Milaki does not keep a cloud copy, so data that has not been exported is lost if your device is lost, erased, or the App is deleted. We recommend exporting regularly: you can export your review deck, history, and AI-help log from Settings. Subject to "Nothing Limits Your Consumer Rights" below, ORTHOREP LLC is not responsible for data that is lost from your device.

With an account. If you sign in, your progress syncs to our servers, which are run by our service provider Supabase [VERIFY: hosting region, expected US]. See the Privacy Policy for what is stored, how long, and how to delete your data. [COUNSEL: confirm the Terms and Privacy Policy do not conflict on retention and deletion; deletion tools are not built yet, so confirm wording before launch.]

User Content

"User Content" means what you create in the App, such as typed answers, notes on review cards, drafts, self-ratings, and flags or reports you send us (for example "This looks wrong"). You own your User Content. Without an account, it stays on your devices and we do not receive it. The App processes it on your devices only to provide the features you use.

If you sign in, you give us a limited, non-exclusive, worldwide, royalty-free license to store, process, copy, and display your User Content only as needed to run the service for you: for example, to sync it between your devices, show it back to you, and review a flag you sent so we can fix a mistake.

We will never sell your User Content or use it to train artificial intelligence or machine learning models. [VERIFY: provider terms also bar training on your data, including Anthropic’s commercial terms.]

When you flag content as wrong, you agree we may use your report to improve Milaki without owing you anything. [COUNSEL: scope of the flag-report license and whether a separate feedback clause is needed.]

Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the App, except where the law allows it regardless of this clause
• Redistribute, sublicense, or resell App content, including the story catalog, translations, and audio
• Use automated means, such as scraping or crawling, to extract App content
• Use Milaki content to train artificial intelligence or machine learning models
• Abuse AI help, such as running automated or bulk requests, trying to get around limits or safety checks, or using it for anything unrelated to learning Greek
• Circumvent sign-in, access controls, or any App Store purchase requirement
• Use the App for any unlawful purpose or in violation of these Terms
• Interfere with or disrupt the App or the systems that deliver it

Educational Content and AI Content Disclaimer

Milaki is a learning aid, not a certification. It does not teach to or prepare you for any exam, and completing stories or exercises does not earn any certificate, qualification, or proof of fluency. Do not rely on Milaki for translations where accuracy matters, such as legal, medical, immigration, or safety documents. Use a qualified human translator for those.

Translations and AI content may be wrong. Much of the story text and its translations is drafted with AI (Claude, by Anthropic) and is labeled in the App as "AI-generated · unreviewed" until a person has reviewed it. Narration audio may be an AI voice (made with ElevenLabs) and is labeled as AI audio. AI makes mistakes: Greek may be unnatural or incorrect, translations may miss meaning, and audio may mispronounce words.

Labels. We label content so you can tell what you are getting, such as "Human-written", "Human voice", and "Reviewed by a person". A label says how the content was made or checked. It does not guarantee the content is error-free. Human-written text may be paired with an AI voice, and the App will say so. [VERIFY: label wording matches what ships.]

AI help. Live AI help (hints and "Explain with AI") is not available yet [VERIFY before launch: hosted AI help is hard-disabled until provider DPAs and the hint guard are in place]. When we turn it on, it will be off by default and will work only when you are signed in and online. It will be labeled "AI, unverified, may be wrong." Check anything important against other sources. Use "This looks wrong" to tell us about a mistake.

Fixed hints. Some hints are written in advance and are not produced by a model.

[COUNSEL: Is this disclaimer enough, and is it effective in Australia and New Zealand, where we may not exclude guarantees about acceptable quality or fitness? Consider rewording for any "services" supplied. OrthoRep’s health risk-assumption and hold-harmless language was deliberately not carried over.]

Intellectual Property

The Milaki name, logo, branding, user interface, stories, translations, narration and other audio, artwork, and all related intellectual property belong to ORTHOREP LLC or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the App for your own personal, non-commercial learning, on Apple devices you own or control (and on the web), under these Terms and Apple’s App Store terms. All other rights are reserved. You may not use our trademarks or branding without written permission.

Public-domain texts. Some stories are based on texts in the public domain, and some audio comes from public-domain recordings such as those from LibriVox. Those original texts and recordings stay in the public domain, and nothing in these Terms takes them out of it. Our own recordings, translations, edits, annotations, selection, and arrangement of them belong to us or our licensors, and the Acceptable Use rules apply to them. [COUNSEL: confirm how far we can claim rights in translations, edits, and arrangement of public-domain material, and whether this wording could be read as restricting the public-domain originals. Also confirm credit and attribution duties for LibriVox and any other licensors. Separately, US Copyright Office guidance says purely AI-generated text is not copyrightable; consider "to the extent rights exist" wording for AI-drafted stories (see 05-ai-content-disclosure.md, counsel note 7).]

Contributors. Where people are paid to write or record content for Milaki, we own the work and credit them. [CONFIRM: contributor credit wording.]

Third-party licenses. Pre-launch checklist: Buy the ElevenLabs commercial plan before launch (planned, Evan 2026-11-06); confirm rights cover audio generated earlier on the free tier, or regenerate it. [COUNSEL: do commercial-plan rights cover narration generated earlier on the free tier, or must it be regenerated? Free-tier output is non-commercial and needs attribution. Q-21.]

Disclaimer of Warranties

SUBJECT TO "NOTHING LIMITS YOUR CONSUMER RIGHTS" BELOW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". ORTHOREP LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR ITS CONTENT WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DATA WILL NOT BE LOST, OR THAT DEFECTS WILL BE CORRECTED. We may change, discontinue, or stop supporting features or the App at any time without liability, and we will tell you in advance where we reasonably can.

[COUNSEL: This follows OrthoRep’s wording. It is likely not enforceable as written against consumers in Australia (ACL), New Zealand (CGA), and parts of Canada (such as Quebec’s Consumer Protection Act). See "Nothing Limits Your Consumer Rights" below. "Without liability" in the last sentence may also be too broad for those consumers.]

Limitation of Liability

SUBJECT TO "NOTHING LIMITS YOUR CONSUMER RIGHTS" BELOW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORTHOREP LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DATA LOSS, ERRORS IN STORIES, TRANSLATIONS, AUDIO OR AI HELP, OR LOSS OF PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or gross negligence or intentional misconduct where the law requires.

[COUNSEL: Milaki is free at launch, so "the amount you paid" is zero for most users and the cap would bar nearly all claims, which may be unenforceable or unfair. OrthoRep’s cap has no floor (its access is paid). The earlier Milaki draft suggested "the greater of the amount you paid and US$[PLACEHOLDER]"; it is not in the text above because it would change OrthoRep’s cap. Decide whether to add a floor.]

[COUNSEL: Review for Australia (including the limit on remedies for consumer guarantee failures, which may be limited to resupply or repair only where "fair and reasonable"), New Zealand, and Canada. Quebec law restricts exclusions of liability for intentional or gross fault and bodily injury.]

Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless ORTHOREP LLC and its officers, members, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of another party’s rights. This does not apply to consumers where the law does not allow it.

[COUNSEL: consumer indemnities are often unenforceable, and "arising from your use of the App" is broad for a free learning app. Consider narrowing to third-party claims from your violation of these Terms, or removing for consumers.]

Nothing Limits Your Consumer Rights

Nothing in these Terms limits any right you have as a consumer that cannot be excluded or limited by law where you live. In particular:

• Australia. Our services come with guarantees under the Australian Consumer Law that cannot be excluded, including that services are provided with due care and skill and are fit for their purpose. If we fail to meet a guarantee, you may be entitled to remedies as the law provides.
• New Zealand. Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. [COUNSEL: the CGA may allow contracting out only between businesses; confirm wording and whether any "business use" carve-out is needed.]
• Canada. Nothing in these Terms limits your rights under the consumer protection laws of your province or territory, including Quebec’s Consumer Protection Act and Ontario’s Consumer Protection Act, 2002. If you live in Quebec, you may be entitled to have a dispute heard in the courts of Quebec, and these Terms are provided in English at your request [COUNSEL: Charter of the French Language and Quebec language requirements for consumer contracts; confirm whether a French version is needed to launch in Canada].
• Everywhere. If any part of these Terms conflicts with a mandatory consumer law that applies to you, the mandatory law applies and the rest of the Terms continue.

[COUNSEL: Please confirm this clause and whether each country needs more specific text.]

Dispute Resolution

Governing law. These Terms are governed by the laws of the State of Washington, without regard to its conflict of law rules, except that the consumer laws of the place where you live still apply to you as stated above.

Binding arbitration (United States). If you live in the United States, any dispute arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in the State of Washington. The arbitrator’s decision is final and binding. Discovery is limited to information directly relevant to the dispute, and the proceedings and result are confidential. [COUNSEL: AAA consumer fee rules; who pays filing fees; whether the location should be your county, or by video or phone; OrthoRep’s text has no informal "talk to us first" step, which counsel may want to add.]

Exceptions. Either party may bring a qualifying claim in small claims court. ORTHOREP LLC may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or the App content.

Class action waiver (United States). If you live in the United States, disputes will be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, consolidated arbitration, private attorney general action, or other representative proceeding against ORTHOREP LLC. Claims may not be joined or consolidated unless ORTHOREP LLC agrees in writing.

30-day opt-out. You may opt out of the arbitration and class action waiver provisions by emailing [PLACEHOLDER: legal@milaki.app] within 30 days of first accepting these Terms. Include your name, a way to contact you, and a clear statement that you wish to opt out.

Outside the United States. The arbitration and class action waiver above do not apply to you if you live in Australia, New Zealand, or Canada, or anywhere else where applicable law does not allow them for consumers. In that case, you and we may bring claims in the courts that have jurisdiction under the law where you live, and you keep any right to take part in a class or representative action that the law gives you. [CONFIRM: carve-out approach versus attempting arbitration in those countries.]

[COUNSEL: Please decide for each market. (a) Australia: ACL and unfair contract terms law (the Competition and Consumer Act 2010 now penalizes unfair terms in standard-form consumer contracts); a class waiver and a Washington forum may be unfair or void; consider whether Washington law as governing law is wise. (b) New Zealand: Fair Trading Act unfair contract terms rules and CGA. (c) Canada: Quebec (Consumer Protection Act bars mandatory arbitration clauses and class waivers in consumer contracts; the Quebec Civil Code too) and Ontario (Consumer Protection Act, 2002 bars binding arbitration and class waivers in consumer agreements); other provinces differ. Also consider the Supreme Court of Canada’s decisions on consumer arbitration clauses. (d) Whether a single global arbitration clause with a long savings clause is better than the carve-out in this draft. (e) Whether the opt-out should be offered to US users only.]

Apple App Store Provisions

If you obtained Milaki through the Apple App Store:

• These Terms are between you and ORTHOREP LLC, not Apple. ORTHOREP LLC is solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• Apple is not responsible for any product warranties. If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; Apple has no other warranty obligation.
• Apple is not responsible for addressing claims relating to the App, including product liability, consumer protection, or intellectual property claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You must comply with Apple’s App Store Terms of Service and any applicable third-party terms.

[COUNSEL: confirm these match Apple’s current minimum EULA terms, and whether we use this text as a custom EULA or use Apple’s standard EULA. OrthoRep’s version does not state who handles third-party IP infringement claims, a legal-compliance representation, or the developer name and address that Apple’s minimum EULA terms describe; confirm whether they are needed.]

Third-Party Services

The App integrates with services from other companies as described in the Privacy Policy: Supabase (accounts and sync), Anthropic (AI help, requested through our server, without your name, email, or IDs), Vercel (web hosting), and Apple (distribution and App Store country). [VERIFY: email provider for sign-in codes; content host for story downloads.] We use ElevenLabs only to make narration before release; it does not receive your data. ORTHOREP LLC is not responsible for the availability or accuracy of third-party services, and your use of them is subject to their own terms. The App may also offer optional preview features, which are provided "as is" and may change or be removed without notice. [VERIFY before each release: no analytics, crash reporting, ads, or tracking.]

Modifications

We may update these Terms. We will post the updated Terms at [PLACEHOLDER: milaki.app/terms] and in the App, and update the "Last updated" date. For material changes, the App will ask you to review and accept the new Terms [VERIFY: Milaki has no re-consent flow like OrthoRep’s; if not built, delete this sentence], and we will tell you in the App or by email at least [PLACEHOLDER: 30] days beforehand where we reasonably can. Continued use after the effective date is acceptance of the updated Terms. If you do not agree, stop using the App. [COUNSEL: consumer-law limits on unilateral changes in AU, NZ, Canada, especially Quebec’s rules on changing consumer contracts.]

Termination

You may stop using the App at any time by deleting it, and, if you have an account, you can delete it in Settings > Account > "Delete my account", at [PLACEHOLDER: milaki.app/delete-account], or by emailing [PLACEHOLDER: privacy@milaki.app] [VERIFY: in-app and web deletion are not built yet (Steady outbox item 47)]. We may suspend or end your right to use the App if you violate these Terms or engage in fraudulent or unlawful activity, and we may discontinue the App. If we discontinue the App, we will give notice where we reasonably can and let you export your data. Your App Store purchases remain subject to Apple’s policies. Provisions that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution) survive.

Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in full force.

Force Majeure

ORTHOREP LLC is not liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government action, power or telecommunications failures, App Store or hosting outages, fire, floods, or strikes. This does not limit any consumer right that cannot be excluded.

Assignment

You may not assign or transfer these Terms without our written consent. ORTHOREP LLC may assign these Terms without restriction, including in a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this section is void. [COUNSEL: consumer-law limits on assignment, if any.]

Export Compliance

You agree to comply with applicable export and re-export control laws, including the US Export Administration Regulations. You represent that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.

Contact

Email: [PLACEHOLDER: legal@milaki.app]

Support: [PLACEHOLDER: support@milaki.app]

Entity: [VERIFY: ORTHOREP LLC, a Washington limited liability company], [PLACEHOLDER: mailing address]