Terms of Use (EULA)

Effective Date: 2026-08-26 · Version 1.0

This End User License Agreement ("Agreement", "Terms") is a legal agreement between you and Oleh Herasymenko, Röntgenstraße 5, 88048 Friedrichshafen, Deutschland ("Licensor", "we", "us", "our"), governing your use of the mobile application Eduvia (the "App"), available on the App Store.

By downloading, installing or using the App, you agree to these Terms. If you do not agree, do not use the App.

Age requirement: You must be at least 16 years old to use the App. By using the App, you confirm that you meet this requirement.

IMPORTANT: This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, Inc. (available at Apple Standard EULA). The terms of this Agreement are not less restrictive than Apple's standard EULA terms.

1. What Eduvia is

Eduvia is an app for practicing spoken German with an AI voice tutor ("Thorsten"). It offers:

The interface and content are available in ten languages.

Eduvia is a conversation practice tool, not exam preparation software: the App contains no exam simulations (Section 3). Thorsten is an artificial intelligence, not a human teacher.

2. Scope of license

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

This license does not allow you to use the App on any Apple device you do not own or control. Except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices simultaneously.

3. An independent tool: no affiliation with exam providers, no guarantee of results

Eduvia is an independent tool for practicing spoken German. It is not affiliated with, endorsed by, sponsored by or otherwise connected to telc gGmbH, Goethe-Institut e.V., the German Federal Office for Migration and Refugees (BAMF) or any other examination body, language school or authority. Examination names are trademarks of their respective owners.

You can set an examination as your personal learning goal. This only guides the topics of your conversations; the App contains no exam simulations and does not reproduce official examination content.

No guarantee of results. CEFR level estimates and accuracy figures in the App are informational study aids. They are not official results and have no legal effect, for example on residence, citizenship or integration course matters. The App does not provide legal or immigration advice. The Licensor is not an accredited school or examination center, and the App issues no certificates.

4. AI content

The tutor's understanding of your speech and its replies, corrections, translations, summaries and level estimates are generated by an AI model (Google Gemini) and may contain errors. AI feedback is automated and approximate; it is not equivalent to evaluation by a qualified human examiner. You remain responsible for your own decisions, including whether and when to register for a real examination.

Details of voice processing, including exactly which data is transmitted and where, are in the Privacy Policy. The microphone is active only during a practice session you start; the App does not listen in the background.

5. Not a medical or emergency service

Some scenarios cover health topics, for example talking to a doctor or describing symptoms. These conversations are language practice only. The tutor's replies are not medical advice, diagnosis or treatment. In an emergency, contact local emergency services (112 in Germany and across the EU).

6. Acceptable use

You must be at least 16 years old to use the App. You agree that you will:

The Licensor may suspend or terminate accounts that violate these rules (Section 10).

7. Account

You sign in with Sign in with Apple or Google Sign-In (via Firebase Authentication). Registration with email and password is not supported.

You are responsible for your account and for all activity under it. If you notice unauthorized use of your account, notify us immediately at thevaltorna@gmail.com.

8. Free features and subscriptions

What is free

Without a subscription you can:

In addition, every account includes exactly one completed introductory session with the tutor: the getting-to-know-you conversation during onboarding. Once you complete it, every further session requires a subscription.

Viewing your own data is never limited: not by the subscription and not by the fair-use cap below.

What requires Eduvia Pro

Plans and prices

The App offers two auto-renewable subscription plans via Apple In-App Purchase, in one subscription group:

These are the base prices for Germany; the App Store shows and charges the price for your country and currency. Both plans are in the same subscription group, so you can switch between them; switching is handled by Apple.

The free trial exists only on the yearly plan; the monthly plan has no trial. Trial eligibility is determined by Apple based on your Apple ID. The trial converts into a paid subscription unless you cancel at least 24 hours before it ends. You are not charged during the trial.

Unlimited practice and fair use

Pro gives you unlimited practice with the tutor: we do not count your sessions, minutes or messages. Like any unlimited service, it is subject to fair use: to protect the service from automated and abusive load, a monthly intensity cap applies that normal daily learning does not reach. The cap renews monthly from your payment date, including on the yearly plan. If you ever reach it, the App shows you the exact renewal date. For technical stability, a single live session is limited in length (currently about 50 minutes); you can start the next session right away. Viewing your own data (your conversation history, summaries and vocabulary) is never limited.

Payment, renewal, cancellation

9. Refund policy

All purchases are processed through Apple. Refunds are handled by Apple under Apple's refund policies; the Licensor cannot issue refunds directly. To request a refund, visit reportaproblem.apple.com.

EU consumers: you may have a statutory right of withdrawal. Since all purchases are processed through Apple, withdrawal requests are directed to Apple via the link above.

10. Termination

By you: You can end this Agreement at any time by deleting your account in the App (your Profile, the Danger Zone section at the bottom) and uninstalling the App.

By the Licensor: The Licensor may suspend or terminate your access with reasonable notice if you breach these Terms or the App Store terms. In cases of material breach, fraud, abuse, or where required by law, termination may be immediate.

Upon termination, your license to use the App ends. Sections 3, 4, 12, 13, 14, 19 and 24 survive termination.

11. Account deletion

You can delete your account in the App: open your Profile and scroll to the Danger Zone section at the bottom.

Deletion happens in this order:

  1. Your sign-in record is deleted first. Access to the account stops immediately.
  2. All your data is deleted from the database.
  3. We ask RevenueCat, the subscription service, to delete your customer record there.

If a step fails, the App shows an error and asks you to try again. Partial deletion is never shown as success, and your data with us is deleted first in any case: even if RevenueCat is temporarily unreachable, your data on our side is already gone when you see the error.

Also important:

12. Intellectual property and open-source components

The Licensor owns the App's code and design, the 202 scenarios, the learning texts, the prompts and the Eduvia brand, all protected by applicable intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the App under these Terms.

Examination names mentioned in the App are trademarks of their respective owners (Section 3) and are not licensed to you.

You may not copy, modify or create derivative works of the App or its content, extract or scrape content, prompts or AI outputs, remove proprietary notices, or use the Eduvia branding without prior written permission.

The App and the service include open-source components, including the Piper text-to-speech engine on our servers and the on-device voice activity detection. The list of components and licenses is available at https://geteduvia.com/third-party-notices. Nothing in these Terms limits any rights you have under those open-source licenses.

13. Service quality and your statutory rights

The App is provided as it is and as available. We do not promise that:

Your statutory rights as a consumer, including statutory warranty rights, remain unaffected by this section.

In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.

14. Liability

The Licensor is liable without limitation:

In cases of slight negligence, the Licensor is liable only for the breach of essential contractual obligations, meaning obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment you may regularly rely. In these cases, liability is limited to the damage that is typical for this type of contract and foreseeable at the time the contract was concluded.

Any further liability for slight negligence is excluded. Mandatory statutory liability remains unaffected.

15. Maintenance and support

The Licensor, not Apple, is solely responsible for providing maintenance and support for the App. Apple has no obligation to provide any maintenance or support services for the App.

For support, contact: thevaltorna@gmail.com

16. Product claims

The Licensor, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection legislation.

17. Intellectual property infringement

In the event of any third-party claim that the App infringes intellectual property rights, the Licensor, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such claim.

18. Legal compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple has the right to enforce this Agreement against you as a third-party beneficiary.

20. Governing law and dispute resolution

These Terms are governed by the laws of Germany. If you are a consumer, the mandatory consumer protection provisions of the country where you habitually reside remain unaffected, and the statutory places of jurisdiction apply.

If you have a problem, please contact us first at thevaltorna@gmail.com: most issues can be resolved directly.

The European Commission's platform for online dispute resolution (ODR) was discontinued on 20 July 2025. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

21. Changes to these Terms

We may change these Terms. For material changes, we will notify you in the App in advance and give you the opportunity to review the changes before they take effect. If you do not agree, you can end the agreement by deleting your account before the changes take effect. Silence alone is not treated as consent to material changes.

For minor changes, such as clarifications, editorial corrections or changes required by law, we publish the updated version with a new Effective Date.

22. Severability

If a provision of these Terms is or becomes invalid, the remaining provisions remain in effect. In place of the invalid provision, the statutory rules apply.

23. Entire agreement

These Terms, together with the Privacy Policy, form the entire agreement between you and the Licensor regarding the App.

24. Indemnification

If a third party raises claims against the Licensor because you culpably violated these Terms or applicable law (for example, by recording another person without their consent), you will indemnify the Licensor against these claims, including reasonable costs of legal defense. This does not apply where you are not responsible for the violation.

25. Language versions

These Terms are available in English and German. For consumers residing in Germany, the German version prevails; otherwise, the English version prevails.

The App interface and its content are offered in ten languages. German and English are the source languages; other language versions are partly machine-generated and may contain imperfections. Only the English and German versions of these Terms and of the Privacy Policy are binding.

26. Contact

Oleh Herasymenko
Röntgenstraße 5
88048 Friedrichshafen
Deutschland
Email: thevaltorna@gmail.com
Website: https://geteduvia.com

For questions about App Store purchases, contact Apple Support.

27. Changelog

Version 1.0 (2026-08-26): Initial release.

© 2026 Oleh Herasymenko. All rights reserved.