Preamble — Acknowledgement
These Terms of Service and End-User License Agreement ("EULA" or "Agreement") form a legal agreement between you ("End-User" or "you") and DaxTech LLC, a Nevada limited liability company, doing business as StreetTongue App ("DaxTech," "we," or "us"), for use of the StreetTongue mobile application and related services (collectively, the "Licensed Application").
You acknowledge that this Agreement is concluded between you and DaxTech LLC only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Neither Apple nor Google is a party to this Agreement and neither is responsible for the Licensed Application or its content. DaxTech, not Apple or Google, is solely responsible for the Licensed Application and its content.
By downloading, installing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not install or use the Licensed Application.
This Agreement also governs use of the daxtechllc.com website (the "Site"). Together, the Licensed Application and the Site are the "Services."
1. Age Requirement
StreetTongue is rated 16+ in the Apple App Store and Google Play Store and is intended for users who are at least 16 years old. By using the Services, you represent that you are at least 16 years of age. If you are a minor under applicable law, you may not use the Services.
2. License Grant
Subject to the terms of this Agreement, DaxTech grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Licensed Application on any compatible device that you own or control, as permitted by:
- The Apple Media Services Terms and Conditions Usage Rules, for installations from the Apple App Store; and
- The Google Play Terms of Service, for installations from the Google Play Store.
For Apple App Store installations, this license includes the right to access and use the Licensed Application on up to five (5) Apple devices associated with your Apple ID. Family Sharing and volume-purchase program use are permitted to the extent allowed by Apple's Usage Rules.
The Licensed Application is licensed to you, not sold.
3. Restrictions
You may not:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Licensed Application;
- Distribute, sublicense, rent, lease, lend, or sell the Licensed Application or any rights therein to any third party;
- Copy the Licensed Application except as permitted by this license and the applicable store Usage Rules;
- Modify, adapt, translate, or create derivative works based on the Licensed Application;
- Scrape, bulk-download, or systematically extract lesson content, audio, AI-generated content, or other materials from the Licensed Application;
- Use content generated by AI features within the Licensed Application to train, fine-tune, or develop any competing machine learning model or service;
- Access or use the Services through automated means (bots, scrapers, scripts) without our prior written permission;
- Abuse, overload, or interfere with the Services or their underlying infrastructure;
- Share, sell, or transfer your account credentials to any other person;
- Attempt to gain unauthorized access to any part of the Services or related systems;
- Use the Licensed Application in violation of applicable export control or sanctions laws (see Section 11);
- Use the Licensed Application for any unlawful purpose or in any way that violates this Agreement.
4. Account Registration
Use of the Licensed Application requires creating a DaxTech account. You agree to:
- Provide accurate, current, and complete registration information;
- Maintain the confidentiality of your account credentials;
- Notify us promptly at contact@daxtechllc.com of any unauthorized use of your account;
- Accept responsibility for all activity that occurs under your account.
Accounts are personal and non-transferable. You may permanently delete your account and all associated data at any time within the App (Settings → Account → Delete Account).
5. User Audio
When you use pronunciation or speaking features, you submit short audio recordings ("User Audio"). By submitting User Audio, you grant DaxTech a limited, non-exclusive, royalty-free license to transmit that audio to our third-party speech-processing provider (Microsoft Azure Speech Services) solely for the purpose of returning pronunciation feedback to you within the Licensed Application.
We do not retain User Audio. It is held in memory only for the duration of the scoring request and is not written to any database, file system, or cloud storage on our side. See our Privacy Policy for details. Your User Audio is not used to train AI models without your separate, explicit consent.
You represent and warrant that you have the legal right to submit any content you provide through the Licensed Application.
6. Purchases, In-App Purchases, and Warranty
The Licensed Application is distributed through the Apple App Store and the Google Play Store and may offer paid tiers and one-time in-app purchases. Pricing, available tiers, and refund policies for the Licensed Application are described in the StreetTongue Terms of Service.
All billing, payment processing, and refunds for in-app purchases are handled by Apple (for App Store transactions) or Google (for Play Store transactions) in accordance with their respective terms. For direct purchases made through the StreetTongue website, payments are processed by Stripe, Inc.
Warranty. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple (for App Store installations), and Apple will refund the purchase price of the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be DaxTech's sole responsibility.
7. Maintenance and Support
DaxTech is solely responsible for providing maintenance and support services for the Licensed Application, as required by applicable law and as described in this Agreement. Neither Apple nor Google has any obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
For support, contact: contact@daxtechllc.com
8. Product Liability and Consumer Claims
DaxTech, not Apple or Google, is solely responsible for addressing any End-User or third-party claims relating to the Licensed Application or the End-User's possession or use of the Licensed Application, including but not limited to:
- Product liability claims;
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection, privacy, or similar laws.
9. Intellectual Property
All content in the Services, including phrase libraries, audio recordings, conversation scripts, cultural guides, software, design, and trademarks, is owned by or licensed to DaxTech LLC. The license granted in Section 2 does not transfer any ownership rights to you.
In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, DaxTech, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
DaxTech represents and warrants that it has the right to grant the licenses set forth in this Agreement and that the Licensed Application does not infringe the intellectual property rights of any third party.
10. AI-Generated Content and Pronunciation Scores
Certain features of the Licensed Application generate content in real time using artificial intelligence models provided by third parties, including OpenAI for text features and Microsoft Azure Speech Services for pronunciation scoring.
AI-generated content may contain errors or inaccuracies. Pronunciation scores are approximations produced by an automated speech service. Both are intended as practice aids and should not be treated as authoritative instruction, linguistic certification, or professional advice. DaxTech is not responsible for any decision, action, or outcome resulting from reliance on AI-generated content or pronunciation scores.
11. Legal Compliance and Export Restrictions
The Licensed Application may be subject to U.S. export laws and the laws of the country where you are located. You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and
- You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable domestic and international export laws and regulations.
12. Third-Party Terms
The Licensed Application incorporates or interoperates with third-party software and services. When using the Licensed Application you must comply with the applicable terms and conditions of those third parties, including:
- Apple Media Services Terms and Conditions (for App Store distribution and In-App Purchases);
- Google Play Terms of Service (for Play Store distribution and Google Play Billing);
- Microsoft Online Services Terms (for pronunciation features powered by Azure Speech Services);
- OpenAI's applicable API terms (for text-based AI features).
13. Disclaimer of Warranties
THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAXTECH LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT PRONUNCIATION SCORES WILL BE ACCURATE OR CONSISTENT ACROSS DEVICES AND ACCENTS; THAT AI-GENERATED CONTENT WILL BE CORRECT, COMPLETE, OR APPROPRIATE FOR ALL LEARNERS; OR THAT THE LICENSED APPLICATION WILL MEET YOUR SPECIFIC LANGUAGE LEARNING OBJECTIVES.
YOUR USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK.
Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAXTECH LLC OR ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF LEARNING PROGRESS, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, EVEN IF DAXTECH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, DAXTECH LLC'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
15. Termination
This Agreement is effective until terminated. Your rights under this Agreement terminate automatically without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Licensed Application and delete all copies from your devices. DaxTech may also terminate this Agreement at any time for any reason with reasonable notice.
Termination does not entitle you to a refund. Sections of this Agreement intended to survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Governing Law) will survive.
16. Dispute Resolution and Governing Law
If you have a concern or dispute about the Services, please contact us first at contact@daxtechllc.com. We will attempt to resolve the issue informally.
If we cannot resolve the dispute informally within thirty (30) days, both parties agree to submit to binding arbitration or, where arbitration is not permitted, to the exclusive jurisdiction of the state or federal courts located in Clark County, Nevada.
This Agreement is governed by the laws of the State of Nevada, without regard to its conflict-of-law provisions.
EU/EEA and UK residents: If you are a consumer in the European Union, the European Economic Area, or the United Kingdom, you may also have recourse under mandatory consumer protection laws applicable in your country of residence, and nothing in this Agreement limits those rights.
17. Apple and Google as Third-Party Beneficiaries
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement with respect to your use of the Licensed Application on Apple devices, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
To the extent applicable under Google Play's Developer Distribution Agreement, Google, and Google's subsidiaries, are also third-party beneficiaries of this Agreement with respect to your use of the Licensed Application on Android devices obtained through the Google Play Store.
18. Severability and Waiver
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. A waiver of any breach does not constitute a waiver of any subsequent breach.
19. Changes to These Terms
DaxTech may modify this Agreement from time to time. For material changes, we will provide at least thirty (30) days notice via in-app notice or by emailing the address associated with your account before the changes take effect. Continued use of the Licensed Application after the effective date of any changes constitutes your acceptance of the revised Agreement.
20. Developer Contact
For questions, support, or legal notices:
DaxTech LLC
A Nevada limited liability company, doing business as StreetTongue App
732 S 6th St Ste N
Las Vegas, NV 89101
contact@daxtechllc.com
(702) 625-2414