(Terms of Use / EULA)
Last updated: 14 June 2025
Interpretation & Definitions
Interpretation
Words with initial capital letters have meanings set out below. Definitions apply equally to singular and plural forms.
Definitions:
Account: A unique profile created to access the Application or its features.
Affiliate: Any entity that controls, is controlled by, or is under common control with a party (control = ≥50% voting securities).
Application: The Captain English software provided for download or online use.
Application Store: The Apple App Store or Google Play Store.
Company: JAIK LLC, Delaware file #10055496, EIN 33-2814867, DUNS 119468303, 16192 Coastal Highway, Lewes, DE 19958, USA (“JAIK,” “we,” “us,” or “our”).
Country: United States of America.
Device: Any hardware that can access the Application (e.g., smartphone, tablet, computer).
Feedback: Ideas or suggestions you send us regarding the Application.
Free Trial: A 7-day no-charge period for trying paid features.
In-app Purchase: Purchases made within the Application for services or content.
Subscription: Paid, auto-renewing access (monthly, annual, lifetime).
Terms: This agreement between you and the Company.
Third-party Service: Services/content provided by non-affiliated parties (e.g., Stripe, Klaviyo, RevenueCat).
You / Your: The individual or legal entity using the Application.
Acknowledgment
These Terms govern the Application and form a binding contract between You and the Company.
By accessing or using the Application, You:
confirm that You are 18 years or older.
accept these Terms and Our Privacy Policy;
agree to comply with all applicable laws.
If You disagree with any part of these Terms, do not use the Application.
User Accounts
Signup: Magic-link sign-in only; no passwords. You must provide a valid, accessible email.
Accuracy: Information must be accurate, complete, and current.
Security: You’re responsible for securing Your email account and immediately notifying Us of unauthorized access.
Username Restrictions: Offensive, misleading, or trademark-infringing names are prohibited.
Multiple Accounts: We may remove or merge duplicative accounts at Our discretion.
Subscriptions
4.1 Subscription Periods
Monthly: Billed every 30 days.
Annual: Billed every 365 days.
Lifetime: Single upfront payment for perpetual access (subject to Section 15 termination rights).
Subscriptions renew automatically under identical conditions unless canceled.
4.2 Subscription Cancellations
Cancel anytime via the relevant Application Store or by emailing hello@captainenglish.com. Access continues until the end of the paid period; fees already paid are non-refundable except as required by law (see Section 4.4).
4.3 Billing
Payments are processed by Stripe, RevenueCat, Apple, or Google. You must provide accurate billing information. If automatic billing fails, We may issue an invoice requiring manual payment within a stated deadline.
4.4 Fee Changes & Refunds
We may change fees with at least 30 days’ notice. Continued use constitutes acceptance.
Refunds: You may request a refund within 14 days of initial purchase; approval is at Our sole discretion unless mandatory law applies. Store-purchased Subscriptions follow the store’s refund policy.
Free Trial
A 7-day free trial is available exclusively for users who subscribe via the mobile application (through the Apple App Store or Google Play Store). Purchases made via our website may not eligible for a free trial. At the end of the 7-day trial, unless cancelled, the subscription will automatically renew at the standard subscription rate. You may cancel the trial at any time before the trial period ends through your respective app store settings.
In-app Purchases
All In-app Purchases are final once download begins and cannot be redeemed for cash. Issues with a purchase? Contact Us or the relevant Application Store for resolution or refund per store policy.
Generative AI
Inputs and outputs from AI features are Activity Materials and are owned by Us (Section 10).
Outputs may not be unique; similar results may be provided to others.
Do not rely on AI outputs as a sole factual source; You use them at Your own risk.
Feedback
By submitting Feedback, You irrevocably assign all rights to Us. If assignment is ineffective, You grant Us a perpetual, royalty-free license to use, modify, and commercialize the Feedback without restriction.
Links to Other Websites & Third-Party Services
The Application may display or link to third-party content (e.g., Klaviyo email forms). We are not responsible for third-party policies, content, or practices. Review their terms before engaging.
Termination
We may suspend or terminate Your Account immediately for any breach. Upon termination:
Your license to use the Application ceases;
Outstanding fees remain due;
Sections intended to survive (e.g., Intellectual Property, Limitation of Liability) continue.
You may terminate by canceling Subscriptions and ceasing use.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its Affiliates, officers, employees, and agents against all claims, losses, or damages arising from: (a) Your misuse of the Application; (b) breach of these Terms; (c) infringement of any right of a third party.
Limitation of Liability
Maximum Liability: the greater of USD $100 or the amount You paid Us in the previous 12 months.
No Special Damages: We are not liable for indirect, incidental, or consequential losses (profit, data, goodwill, etc.). Some jurisdictions do not allow such exclusions; liability is limited to the maximum permitted by law.
“AS IS” & “AS AVAILABLE” Disclaimer
The Application is provided without warranties of any kind. We do not warrant uninterrupted, error-free operation, accuracy of AI outputs, or virus-free content. Use is at Your sole risk.
Governing Law
These Terms are governed by Delaware law, without regard to conflict-of-law principles. Your local consumer rights remain unaffected.
Dispute Resolution; Binding Arbitration
16.1 Informal Negotiation
Contact hello@captainenglish.com to try to resolve any dispute informally first.
16.2 Binding Individual Arbitration
Except for IP injunctions or small-claims court, disputes seeking monetary relief are resolved by binding arbitration under AAA Consumer Arbitration Rules in English, seated in Delaware.
16.3 Opt-Out – 30 Days, Email Only
Email hello@captainenglish.com within 30 days of first accepting these Terms with:
Your legal name
Account email
Statement: “I hereby elect to opt out of the Arbitration provision in the Captain English Terms.”
Date of acceptance
Timely opt-out lets You litigate in court; failure binds You to arbitration and waives class or collective actions.
16.4 Class Action Waiver
Disputes are arbitrated individually. If a court finds this waiver unenforceable, the arbitration clause is void.
16.5 Changes
We may update this arbitration agreement. Reject changes within 30 days by email; otherwise, continued use constitutes acceptance.
EU & California Consumers
EU: You retain any mandatory rights under your resident country’s laws.
California: Complaints may be filed with the California DCA, 1625 N Market Blvd., Suite N-112, Sacramento, CA 95834, (800) 952-5210.
U.S. Federal & Export Compliance
The Application is a “Commercial Item” under 48 C.F.R. § 2.101.
You certify you are not in an embargoed country nor on a U.S. sanctions list.
Severability & Waiver
If any provision is unenforceable, it will be modified to fulfill its intent; remaining provisions stay in force. Failure to enforce any right is not a waiver.
Changes to Terms
We may revise these Terms at any time. Material changes receive at least 30 days’ notice via email or in-app message. Continued use after the effective date constitutes acceptance.
Contact
JAIK LLC
16192 Coastal Highway, Lewes, Delaware 19958, USA
E-mail: adminllc@jaik.app
© 2025 JAIK LLC. All rights reserved.
