IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 8), REQUIRING THAT DISPUTES BE RESOLVED ON AN INDIVIDUAL BASIS, AND A STRICT LIMITATION OF LIABILITY CAPPING OUR AGGREGATE LIABILITY TO TEN UNITED STATES DOLLARS ($10.00 USD) UNDER ANY AND ALL CIRCUMSTANCES (SECTION 6).
1. Eligibility & Strict 18+ Age Restriction
Makker is strictly intended, licensed, and restricted to adults aged eighteen (18) and older. By accessing, downloading, or registering an account, you represent and warrant under penalty of law that you are at least 18 years old.
ZERO TOLERANCE FOR MINORS: Use of the Service by any person under the age of 18 is strictly prohibited and constitutes a material breach of this Agreement. RettSync reserves the absolute, unilateral right to immediately terminate the account, purge cloud data, and forfeit any accrued points, tokens, or subscription entitlements without prior notice and without refund if underage use is detected.
2. Platform Store Terms (Apple App Store & Google Play)
This Agreement is between you and RettSync only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). RettSync is solely responsible for the App and its content.
- Maintenance & Support: Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.
- Warranties: Apple and Google have no warranty obligations. Any claims or refunds are handled strictly pursuant to Apple/Google store policies.
- Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, with the right to enforce this Agreement against you.
3. Subscriptions, Virtual Points Economy & EU Waiver
Makker utilizes virtual pedagogical compute points (“Points”) to meter high-cost, real-time multimodal artificial intelligence features (e.g., live conversational turns, speech evaluations, pronunciation scoring).
- Zero Monetary Value: Points are NOT property, legal tender, or currency. Points possess strictly zero fiat value, cannot be redeemed for cash, and are non-transferable.
- No Rollover: Daily subscription point allowances refresh at midnight and do NOT accumulate or roll over into future days.
- Unilateral Economy Discretion: RettSync reserves the absolute right to revalue, devalue, alter point costs, change daily allowances, or modify subscription tiers at any time without notice.
- Auto-Renewal & Cancellation: Paid subscriptions renew automatically unless canceled in device settings at least 24 hours prior to the renewal date.
EU STATUTORY WITHDRAWAL WAIVER: Pursuant to Article 16(m) of EU Directive 2011/83/EU and Danish consumer law (forbrugeraftaleloven § 18, stk. 2, nr. 13), by purchasing a digital subscription or point bundle, you expressly acknowledge and agree that immediate performance begins upon purchase, and you IRREVOCABLY WAIVE YOUR 14-DAY STATUTORY RIGHT OF WITHDRAWAL.
4. AI & Gemini LLM Disclaimers ("AS IS" & Non-Reliance)
Conversational simulations, phonetic scoring, feedback, and roasting features are powered by Google Gemini Multimodal APIs. AI outputs are non-deterministic, probabilistic, and generated in real-time.
CRITICAL AI DISCLAIMER: AI outputs may contain hallucinations, grammatical errors, offensive humor, or inaccurate information. ALL AI FEATURES ARE PROVIDED STRICTLY "AS IS" AND "WITH ALL FAULTS". YOU AGREE NEVER TO RELY ON AI OUTPUTS FOR ANY MEDICAL, LEGAL, FINANCIAL, ACADEMIC, IMMIGRATION, OR SAFETY DECISIONS. RETTSYNC DISCLAIMS ALL LIABILITY FOR ANY DECISIONS MADE BASED ON AI OUTPUTS. YOU ASSUME 100% OF ALL RISKS.
5. Unilateral Termination & Anti-Fraud Enforcement
RettSync maintains zero tolerance for unauthorized exploitation, synthetic accounts, and computational abuse.
ABSOLUTE RIGHT TO BAN & VOID ASSETS: RettSync reserves the unquestionable, unilateral right to ban users, revoke credentials, blacklist hardware device IDs and IP addresses, and IMMEDIATELY VOID ALL POINT BALANCES WITHOUT REFUND if we suspect:
• Device spoofing, emulator usage, or hardware attestation failures (e.g. Apple App Attest);
• Registration using temporary, burner, disposable, or forwarding email domains;
• Multiple-account bonus farming or virtual economy manipulation;
• API abuse, prompt injection, automated botting, or web scraping.
6. Strict Limitation of Liability ($10.00 USD Maximum Cap)
MAXIMUM AGGREGATE LIABILITY CAP ($10.00 USD):
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF RETTSYNC, ITS FOUNDER, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), ARISING FROM DATA BREACHES, SERVICE OUTAGES, SYSTEM CRASHES, AI HALLUCINATIONS, OR ANY OTHER CAUSE, EXCEED TEN UNITED STATES DOLLARS ($10.00 USD / APPROX. 70 DKK) OR THE AMOUNT PAID BY YOU TO RETTSYNC IN THE PRECEDING ONE (1) MONTH, WHICHEVER IS GREATER.
UNDER NO CIRCUMSTANCES SHALL RETTSYNC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR EMOTIONAL DISTRESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. User Indemnification
You agree to defend, indemnify, and hold harmless RettSync and its operators from and against any claims, liabilities, damages, losses, penalties, and legal fees arising out of your use of the App, your violation of these Terms, or your infringement of any third-party rights.
8. Mandatory Individual Arbitration & Class Action Waiver
All disputes arising from or relating to these Terms or the App shall be resolved exclusively through final and binding individual arbitration.
CLASS ACTION WAIVER: YOU AND RETTSYNC AGREE THAT ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
ONE-YEAR LIMITATION: ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR BE FOREVER BARRED.
9. Governing Law & Exclusive Jurisdiction
These Terms and your use of the App shall be governed by and construed in accordance with the substantive laws of Denmark. Any permissible judicial proceeding shall be instituted exclusively in the City Court of Copenhagen (Københavns Byret), Denmark.