HablaYa Terms of Service

Version: 1.1 Effective date: 20 May 2026 Last updated: 22 May 2026

This document sets out the terms of use for HablaYa. By using the service, you agree to these terms. If you do not agree, please do not use the service.

Legal precedence: This English version is the authoritative one. In case of conflict between language versions, this English text prevails.

1. Parties

Service provider (hereinafter "HablaYa"):

• Name: Aleksei Skopkarev
• Legal status: autónomo (self-employed individual, Spain)
• NIE: Z0174306V
• Registered address: Las Palmas de Gran Canaria, calle Palmar 80, piso 2
• Contact: privacy@hablaya.work

User — any natural person aged 16 or older, using the service via Telegram bot, Telegram Mini App, or web application.

2. What the service is

HablaYa is an AI-powered language practice application. Core features:

• voice dialog with an AI interlocutor in a chosen language pair (native + target);
• text dialog;
• help functions: translation and "What to reply" prompts;
• personalization of level, topic, and voice.

The service is provided "as is" — we strive for stable operation but do not guarantee continuous availability.

3. AI-generated content

Responses in HablaYa are generated by large language models (LLMs), speech recognition (STT), and speech synthesis (TTS) systems. This means:

• Responses may be inaccurate, incomplete, outdated, or inappropriate for a specific situation.
• AI does not understand context the way humans do, and may err on facts, grammar, or cultural nuances.
• The same prompt may receive different responses.

The user accepts that AI responses are a language practice tool, not guaranteed authoritative expertise.

The service is not:

• legal, medical, financial, or psychological advice;
• a means for making critical decisions;
• a source of truth for academic, professional, or legal tasks.

For important decisions, always consult qualified professionals.

4. Use of external AI providers

For generation, recognition, and synthesis of speech, we use third-party providers (currently OpenAI and Google). Model behavior depends on the selected provider and cannot be fully controlled by us.

The list of providers and their roles is described in the Privacy Policy §6.

5. Best-effort safety measures

HablaYa applies reasonable measures to prevent generation of dangerous, illegal, or otherwise unacceptable content: system prompts with restrictions, moderation (where applicable), incident response procedures.

However, we do not guarantee:

• absolute filtering of unsafe content;
• absence of model errors;
• alignment of responses with your personal expectations or cultural norms.

If you encounter a response that seems unsafe or unacceptable:

1. Stop interacting with that content.
2. Report via the "Report" button in the chat or at privacy@hablaya.work.

6. Age policy

The service may be used by persons aged 16 and older. The first entry into the Mini App includes an age gate where you confirm meeting this requirement.

If we discover that an account has been registered by a person under 16 without proper consent of a parent or legal guardian, we may:

• temporarily restrict access;
• delete the account and data after notice.

Parents and legal guardians may contact us at privacy@hablaya.work to address the situation.

7. User obligations

By using the service, you agree:

• Not to use the service for unlawful purposes, including but not limited to: terrorism, violence, discrimination, fraud, intellectual property infringement.
• Not to attempt to circumvent technical limitations of the service (rate limits, quotas, safety filters, age gate).
• Not to upload personal data of others (names, contacts, voices of other people) without proper rights and grounds.
• Not to use the service for automated attacks (scraping, brute-force, denial-of-service).
• Not to use AI responses for critical decisions without independent verification.
• To comply with applicable laws in your jurisdiction.

In case of violation of these obligations, we may suspend or terminate your access to the service.

8. Subscription and payment

HablaYa offers paid subscription plans (Basic, Pro) on a monthly or yearly basis, alongside a complimentary Free plan.

Merchant of Record. Paid subscriptions are sold and billed through Paddle (paddle.com), which acts as our Merchant of Record and authorized reseller: Paddle is the legal seller of record, charges the customer, processes refunds, and calculates and remits applicable sales tax (VAT, GST, sales tax). The receipt and invoice for your subscription are issued by Paddle.

Auto-renewal and cancellation. Paid subscriptions renew automatically until cancelled (monthly or yearly depending on the chosen plan). You may cancel your subscription at any time through the Paddle buyer portal — links to it are included in Paddle's receipt emails. After cancellation, access to paid features is retained until the end of the period already paid for, after which the plan reverts to Free.

Refunds. Refund terms are set out in a separate document — the Refund Policy (public page /refund). It includes, among other things, a 14-day refund guarantee on the first purchase.

Statutory consumer rights. This section does not limit your statutory consumer rights — in particular, the 14-day right of withdrawal from a digital service contract for consumers in the EU/EEA. See the Refund Policy §4 for details.

The payment provider is also listed in the processor list in the Privacy Policy §6.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• HablaYa is not liable for direct or indirect damages, lost profits, data loss, reputational harm, or other adverse consequences arising from use of AI-generated content.
• HablaYa is not liable for decisions you make based on service responses.
• HablaYa is not liable for the actions of third parties (including AI providers and infrastructure partners), except as expressly provided by applicable law.

Aggregate liability cap of HablaYa towards a user is limited to:

• the amount actually paid by the user for the service during the 12 months preceding the event giving rise to liability;
• or €100, whichever is greater;
• but no more than the amount expressly set by mandatory rules of applicable law (e.g., for consumers in the EEA, the cap may be adjusted by mandatory consumer protection rules).

This limitation does not apply to liability for intentional acts, gross negligence, or other damages that cannot be limited under applicable law (e.g., harm to life and health).

10. Intellectual property

• The software code, design, brand identity, and documentation of HablaYa are the property of HablaYa and/or its licensors.
• AI-generated content (model responses) is provided to you for personal non-commercial use within language practice. Commercial resale of generated responses is not allowed.
• You retain all rights to your own messages (texts and audio) that you send to the service, and grant HablaYa a non-exclusive, royalty-free, revocable license to process them to the extent necessary to provide the service (including transmission to AI providers for response generation). The license terminates when the corresponding data is deleted under the retention policy.

11. Termination

You may stop using the service at any time:

• by deleting your account via Mini App → Settings → Privacy → "Delete account and data";
• or by sending a request to privacy@hablaya.work.

We may suspend or terminate your access in case of:

• violation of these Terms;
• service abuse (including circumvention of technical limitations);
• a lawful request from a competent public authority;
• technical or commercial impossibility of continuing service provision.

Upon termination, the retention policy in Data Retention Schedule applies.

12. Governing law and jurisdiction

• These Terms are governed by the law of the Kingdom of Spain.
• Any disputes are subject to the competent courts of the Kingdom of Spain at HablaYa's place of registration as autónomo.
• For consumers residing in the EEA, mandatory consumer protection rules of their country of residence apply, and they may bring proceedings in the courts of their place of residence under Regulation (EU) No 1215/2012 (Brussels I bis).
• For users outside the EEA — Spanish law applies without regard to its conflict-of-law rules.

13. Changes to the Terms

HablaYa may update these Terms upon changes in service functionality, the provider stack, legal requirements, or business model.

Material changes (e.g., introduction of paid features, change of liability cap, expansion of processed data) are communicated to users at least 14 days before they take effect, via:

• a Mini App banner;
• email notification (if provided).

If you disagree with the updated Terms, you may stop using the service and delete your account before the effective date. Continued use of the service after the effective date means acceptance of the updated Terms.

14. Contacts

15. Miscellaneous

• Severability: If any provision of these Terms is held invalid, the remaining provisions remain in force.
• No waiver: Failure by HablaYa to enforce any provision does not constitute a waiver of the corresponding right.
• Language versions: In case of conflict between language versions (RU/EN/ES), this English version (docs/legal/en/TOS.md) prevails.
• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding use of the service.

16. Change history

Author: Claude | Model: Claude Opus 4.7 (1M context) | Mode: implementation (Paddle migration Phase 6 prep — legal-docs fix after quality review) | Reasoning: not reported by system | Timestamp: 23 May 2026, 00:00 (Europe/Madrid) [2026-05-23T00:00:53+0200]