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EverGrasp
Terms of Use
Last Updated: April 20, 2025

These Terms of Use ("Terms") govern your access to and use of the EverGrasp web application, including any content, functionality, and services offered on or through evergrasp.com (the "Service"), operated by Daniel Mikula, a sole trader established under the laws of Czechia, with registered address at Osadní 869/32, 170 00 Prague 7, Czechia and IČO (Identification Number): 04949421 ("we," "us," or "our").

Please read these Terms carefully before you start to use the Service. By creating an account or by accessing or using the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.

1. Eligibility and Account Registration

  • Eligibility: You must be at least 16 years old (or the minimum age required in your jurisdiction to consent to data processing, whichever is higher) to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement.
  • Account Creation: To access the core features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a "strong" password (a password that uses a combination of upper and lower case letters, numbers, and symbols) with your account. You agree to notify us immediately at info@evergrasp.com of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Description of Service

EverGrasp is a web application designed to assist users in learning languages and other subjects. Features include managing vocabulary, tracking learning progress, accessing learning materials, and utilizing integrated tools which may include features powered by third-party artificial intelligence (AI) services (such as OpenAI and Google Cloud) for functionalities like translation or audio generation.

3. Use of the Service

  • License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial language learning purposes.
  • Acceptable Use: You agree not to misuse the Service. For example, you must not:
    • Use the Service for any illegal purpose or in violation of any local, national, or international law.
    • Probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
    • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
    • Interfere with or disrupt the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
    • Attempt to access or search the Service or download content from the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers.
    • Scrape, replicate, or attempt to reverse engineer any part of the Service.
    • Impersonate or misrepresent your affiliation with any person or entity.
    • Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
    • Violate the privacy or intellectual property rights of others.

4. User-Generated Content

  • Your Content: You may submit your own content to the Service, such as custom vocabulary ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.
  • License to Us: By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, process (including processing through third-party AI services as described in our Privacy Policy), and perform your User Content in connection with operating, providing, and improving the Service. Your User Content is not shared with or visible to other users of the Service. Administrators may access User Content as necessary for service maintenance, support, troubleshooting, and security purposes, as further detailed in our Privacy Policy.
  • Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to submit the User Content and to grant the license described above, and that your User Content does not violate any laws or infringe upon the rights of any third party.
  • AI Processing: You acknowledge that providing certain features (like translation or audio) requires sending your User Content (specifically, the text you submit for these features) to third-party AI services. We only send the necessary text and do not include personal identifiers like your email. Please review our Privacy Policy for details on data processing by these third parties.

5. Intellectual Property Rights

Other than your User Content, the Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by Czech and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows: your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials; you may store files that are automatically cached by your Web browser for display enhancement purposes.

6. Third-Party Services

The Service integrates or relies on third-party services, including hosting, AI processing, and potentially others. Your use of these third-party services may be subject to their respective terms and privacy policies. We are not responsible for the practices, content, or availability of these third-party services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge that features relying on these services may change or become unavailable based on the decisions of these third parties.

7. Fees and Payment

The Service is currently provided free of charge. We reserve the right to introduce fees for certain features or for the Service as a whole in the future. If we decide to introduce fees, we will provide you with reasonable prior notice regarding the changes, allowing you time to decide whether to continue using the paid features or Service.

8. Cookies and Local Storage

We use cookies and browser local storage to operate and improve the Service. By using the Service, you agree to our use of these technologies as described in our Privacy Policy.

9. Termination

  • By You: You may terminate your account and these Terms at any time by using the account deletion feature within the Service settings. Upon deletion, your data will be handled as described in our Privacy Policy.
  • By Us: We may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, particularly if we believe, in our sole discretion, that you have violated these Terms or applicable law, or engaged in conduct harmful to the Service or other users.

10. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

13. Governing Law and Jurisdiction

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Czechia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the competent courts located in Prague, Czechia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. We will notify you of significant changes, for example via email or a notification within the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

15. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and Daniel Mikula regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
  • Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  • Waiver: No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms, please contact us at:
Daniel Mikula
Osadní 869/32, 170 00 Prague 7, Czechia
Contact Email: info@evergrasp.com