Terms of Service

Last updated: October 30, 2025

These Terms of Service (“Terms”) are a contract between you (“You”) and Wordsmith (“we”, “us”, “our”). They govern your access to and use of the Wordsmith mobile application, websites, and related services (collectively, the “Service”). By using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who We Are

Wordsmith is provided by a sole trader based in New Zealand. Contact details are listed in the Contact Us section below.

2. Eligibility & Accounts

• You must be at least 13 years old to use the Service.
• You are responsible for any activity that occurs under your account and for keeping your sign-in credentials secure (including third-party sign-in such as Google).
• You must provide accurate information and keep it up to date.
• We may suspend or terminate your access if you violate these Terms or applicable laws.

3. License & Ownership

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to install and use the app for your personal, non-commercial use. We reserve all rights not expressly granted. You may not reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works from the Service, nor may you bypass security or access the Service via unauthorized means.

All software, features, branding, logos, and other materials in the Service are owned by us or our licensors and are protected by intellectual property laws.

4. Your Content

You may submit, store, or sync content (for example, words, notes, collections, learning progress) (“User Content”). You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content solely as needed to provide, maintain, protect, and improve the Service (including backups, security, and support). You are responsible for your User Content and must have the necessary rights to upload it.

We may remove or restrict content that violates these Terms or applicable law.

5. Acceptable Use

• Do not infringe intellectual property, privacy, or other rights.
• Do not upload malicious code, attempt to disrupt or overload the Service, or interfere with security features.
• Do not scrape, harvest, or access the Service by automated means other than our publicly supported interfaces.
• Do not harass, abuse, or harm others or promote illegal activity.

6. Telemetry, Analytics & Privacy

We provide in-app controls for Analytics (usage & events) and Crash & Performance diagnostics. Your choices are respected in the app. Details about data types, retention, regional behavior, and third-party processors are described in our Privacy Policy. Key points:

• Regional behavior: In the EEA/UK, analytics do not start until you opt in. Outside the EEA/UK, analytics run by default with a clear in-app opt-out (we may choose to apply EEA/UK behavior globally for consistency).
• Legal bases (summary): Core features (e.g., account, sync, storage) are processed as necessary to provide the Service. Analytics in the EEA/UK rely on your consent (opt-in). Diagnostics (Crashlytics/Performance) are gated by your in-app “Crash & Performance diagnostics” setting.
• No ads: We do not run ads and we configure Firebase to disable ad-related signals (ad storage, ad user data, ad personalization).
• Data Safety: Our Google Play Data safety disclosure reflects analytics and diagnostics collection, their purposes, whether data is linked, and your choices.

By using the Service, you also agree to the processing described in the Privacy Policy. You can change your telemetry choices in Settings at any time.

7. Third-Party Services

The Service may rely on third-party services (for example, Firebase Analytics, Crashlytics, Performance Monitoring, Google Sign-In, and app-store distribution). Your use of those services may be subject to their own terms and policies. See our Privacy Policy for more information.

8. Payments & Subscriptions

There are currently no paid features or subscriptions. If we introduce paid features in the future, we will provide clear information about pricing, billing, auto-renewal (if any), cancellation, and refunds, and update these Terms accordingly.

9. Beta Features & Changes

Some parts of the Service may be offered as beta or experimental features. They may change, break, or be removed without notice. We recommend regularly exporting or backing up your important data.

10. Disclaimers

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory (including warranties of merchantability, fitness for a particular purpose, and non-infringement). We do not warrant that the Service will be uninterrupted, secure, or error-free.

Nothing in these Terms limits any non-excludable rights you may have under New Zealand law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986).

11. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, goodwill, or business opportunities, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Where liability cannot be excluded under applicable law, our total aggregate liability arising out of or relating to the Service shall be limited to the greater of NZD $100 or the amount (if any) you have paid directly to us for the Service in the 12 months preceding the event giving rise to the claim.

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if we discontinue the Service, or where required by law. Upon termination, your right to use the Service ends. Data retention and deletion are described in the Privacy Policy.

13. Governing Law & Disputes

These Terms are governed by the laws of New Zealand, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of or relating to the Service or these Terms, except where consumer protection laws provide you with mandatory rights to bring claims in another forum.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by posting the updated Terms here or showing an in-app notice). The “Last updated” date at the top indicates when these Terms were last revised. By continuing to use the Service after changes take effect, you agree to the updated Terms.

15. Contact Us

If you have questions about these Terms, contact us:

• By email: hello@wordsmith-app.com

• By visiting: www.wordsmith-app.com#contact-us-section