TERMS AND CONDITIONS
Last updated: January 11, 2025
AGREEMENT TO TERMS
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fractal Technologies Cluster ("Company," "we," "us," or "our") concerning your access to and use of the Orato mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
ELIGIBILITY
You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
DESCRIPTION OF SERVICE
Orato is a vocabulary and language learning application that helps users expand their vocabulary and master eloquent communication. The App provides curated linguistic content including words, phrases, quotes, metaphors, rhetorical devices, and other language resources, along with AI-powered features for premium subscribers.
USER ACCOUNTS
Account Creation
To access certain features of the App, you must create an account using Apple Sign-In authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Security
You agree to:
Provide accurate and complete information when creating your account
Notify us immediately of any unauthorised access to your account
Not share your account with others or allow others to access your account
SUBSCRIPTIONS AND PAYMENTS
Subscription Plans
The App offers subscription-based premium features. Subscription options include weekly, monthly, and yearly plans. Pricing is displayed in the App at the time of purchase.
Payment Processing
All payments are processed through Apple's App Store. We accept payment via Visa, Mastercard, and American Express. All prices are displayed in US dollars unless otherwise specified.
Automatic Renewal
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
Cancellation
You may cancel your subscription at any time through your Apple ID account settings (Settings > Apple ID > Subscriptions). Cancellation will take effect at the end of the current billing period.
Refunds
All purchases are handled through the Apple App Store. Refund requests must be submitted directly to Apple in accordance with their refund policies. We do not process refunds directly.
Free Tier
The App offers a free tier with limited features. No payment is required to use the free tier.
PROHIBITED ACTIVITIES
You agree not to:
Use the App to advertise or offer to sell goods and services
Sell, transfer, or otherwise assign your account or profile to any other person or entity
Use the App for any illegal or unauthorised purpose
Attempt to gain unauthorised access to the App, other accounts, or computer systems
Interfere with or disrupt the App or servers or networks connected to the App
Upload or transmit viruses, malware, or other malicious code
Collect or harvest any information from the App or other users
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Violate any applicable laws or regulations
Engage in any activity that could damage, disable, or impair the App
INTELLECTUAL PROPERTY
Our Content
The App and its original content, features, and functionality are owned by Fractal Technologies Cluster and are protected by international copyright, trademark, and other intellectual property laws.
User License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.
Restrictions
You may not:
Copy, modify, or distribute the App or its content
Reverse engineer or attempt to extract the source code of the App
Remove any copyright or proprietary notices from the App
Use the App's content for commercial purposes without our express written consent
THIRD-PARTY ADVERTISEMENTS
The App may display advertisements from third-party advertising networks, including Google AdMob. These advertisements are provided by third parties and are subject to their own terms and privacy policies. Premium subscribers may have an ad-free experience.
DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that:
The App will be uninterrupted, secure, or error-free
The results obtained from the App will be accurate or reliable
Any errors in the App will be corrected
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRACTAL TECHNOLOGIES CLUSTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fractal Technologies Cluster and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the App or violation of these Terms.
DISPUTE RESOLUTION
Informal Resolution
Before initiating any formal dispute resolution proceedings, you agree to first contact us to attempt to resolve any dispute informally. We will attempt to resolve the dispute through informal negotiations within thirty (30) days from the date the dispute is raised.
Arbitration
If we cannot resolve a dispute through informal negotiations, any dispute arising out of or relating to these Terms or the App shall be finally settled by binding arbitration in the United Kingdom. The arbitration shall be conducted in accordance with applicable arbitration rules.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
TERMINATION
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:
Your right to use the App will immediately cease
We may delete your account and all associated data
All provisions of these Terms which by their nature should survive termination shall survive
CHANGES TO TERMS
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App before the changes become effective. Your continued use of the App after any changes constitutes your acceptance of the new Terms.
ACCOUNT DELETION
You may request deletion of your account at any time through the App's account settings. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fractal Technologies Cluster regarding your use of the App and supersede all prior agreements and understandings.
CONTACT US
If you have any questions about these Terms, please contact us at: Fractal Technologies Cluster Email: support@fractaltechnologiescluster.com Website: https://www.fractaltechnologiescluster.com
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TERMS AND CONDITIONS
Last updated: January 11, 2025
TABLE OF CONTENTS
Agreement to Terms
Eligibility
Description of Service
User Accounts
Subscriptions and Payments
Free Tier and Premium Features
Cancellation Policy
Returns and Refunds
Prohibited Activities
User-Generated Content
Intellectual Property Rights
Third-Party Advertisements
Third-Party Links
Privacy and Data Protection
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution
Governing Law
Termination
Account Deletion
Changes to These Terms
Severability
Entire Agreement
Contact Information
1. AGREEMENT TO TERMS
These Terms and Conditions ("Terms," "Terms and Conditions," or "Agreement") constitute a legally binding agreement between you ("User," "you," "your," or "yourself") and Fractal Technologies Cluster ("Company," "we," "us," or "our"), a company registered in the United Kingdom, concerning your access to and use of the Orato mobile application ("App," "Application," or "Service"). By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not download, install, or use the App. These Terms apply to all users of the App, including without limitation users who are browsers, customers, subscribers, and contributors of content.
2. ELIGIBILITY
Age Requirement
You must be at least eighteen (18) years of age to use this App. By downloading, installing, or using the App, you represent and warrant that:
You are at least 18 years old
You have the legal capacity to enter into a binding contract
You are not barred from using the App under any applicable laws
You will comply with these Terms and all applicable local, national, and international laws, rules, and regulations
If you are under 18 years of age, you are not permitted to use this App under any circumstances. We do not knowingly collect information from or provide services to individuals under 18 years of age.
Geographic Restrictions
The App is hosted on servers located in the United Kingdom (London). While the App may be accessible from other locations, we make no representation that the App is appropriate or available for use in other jurisdictions. Those who access or use the App from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
3. DESCRIPTION OF SERVICE
Orato is a vocabulary and language learning mobile application designed to help users expand their vocabulary and master the art of eloquent communication.
Services Provided
The App provides the following services:
Curated Linguistic Content: Access to a comprehensive database of words, phrases, quotes, metaphors, rhetorical devices, aphorisms, historical references, cognitive biases, puns, intellectual jokes, and other language resources
Daily Content Discovery: Daily curated content to expand your linguistic knowledge
Content Exploration: Multi-tiered content exploration with basic and detailed information
Bookmarking and Organisation: Ability to save and organise favourite content items (subject to subscription tier limits)
AI-Powered Features: Premium subscribers have access to AI-powered chat functionality for deeper exploration of linguistic concepts ("Deep Dive" feature)
Home Screen Widgets: Customisable widgets to display vocabulary content on your device's home screen (subject to subscription tier limits)
Push Notifications: Optional notifications to support your learning journey
Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
4. USER ACCOUNTS
Account Creation
To access certain features of the App, you must create an account. Account creation is facilitated exclusively through Apple Sign-In authentication. By creating an account, you agree to:
Provide accurate, current, and complete information during the registration process
Maintain and promptly update your account information to keep it accurate, current, and complete
Maintain the security and confidentiality of your account credentials
Accept all responsibility for all activities that occur under your account
Notify us immediately if you become aware of any unauthorised use of your account or any other breach of security
Account Restrictions
You may only create and maintain one (1) account. You may not:
Create an account using false or misleading information
Create an account on behalf of another person without their permission
Use another person's account without their permission
Share your account credentials with any third party
Account Security
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.
Social Media Linking
The App does not link to or integrate with social media platforms. Apple Sign-In is used solely for authentication purposes and does not constitute social media linking.
5. SUBSCRIPTIONS AND PAYMENTS
Subscription Plans
The App operates on a freemium model, offering both free and premium subscription tiers. Premium subscriptions unlock additional features and remove certain limitations. Premium subscription options include:
Weekly Subscription: Billed weekly
Monthly Subscription: Billed monthly
Yearly Subscription: Billed annually (best value)
Current pricing is displayed within the App at the point of purchase. Prices are quoted in United States Dollars (USD) and may vary by region.
Payment Processing
All payments for premium subscriptions are processed through Apple's App Store. We do not directly collect, store, or process any payment card information. By making a purchase, you agree to Apple's terms of service and payment processing terms. We accept payment via:
Visa
Mastercard
American Express
Other payment methods supported by the Apple App Store
Billing
When you purchase a subscription, your payment method will be charged immediately for the subscription period selected. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.
Price Changes
We reserve the right to change subscription prices at any time. If you have an active subscription, price changes will take effect at the start of your next billing period following notice of the price change. Your continued use of the Service after a price change constitutes your agreement to pay the new price.
Taxes
All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for paying any taxes that may apply to your subscription based on your jurisdiction.
6. FREE TIER AND PREMIUM FEATURES
Free Tier
The App offers a free tier that provides access to limited features at no cost. There is no free trial period for premium features; instead, the free tier is available indefinitely with the following limitations:
AI Features: Not available on free tier
Bookmarks: Limited to 20 saved items
Buckets (Collections): Not available on free tier
Daily Content Access: Limited to 30 item opens per day
Content Expansion: Limited to 10 detailed expansions per day
Content Categories: Access to core content types only
Widgets: Limited to 1 widget with basic customisation
Advertisements: Free tier users will see advertisements
Premium Features
Premium subscribers enjoy the following benefits:
Unlimited AI-powered Deep Dive conversations
Unlimited bookmarks and custom bucket creation
Unlimited daily content access
Access to all content categories
Enhanced widget options and customisation
Ad-free experience
7. CANCELLATION POLICY
How to Cancel
You may cancel your subscription at any time. To cancel your subscription:
Open the Settings app on your iOS device
Tap your Apple ID at the top of the screen
Tap "Subscriptions"
Select your Orato subscription
Tap "Cancel Subscription" and confirm
Alternatively, you can manage your subscription through the App Store app by tapping your profile icon and selecting "Subscriptions."
Effect of Cancellation
If you cancel your subscription:
You will continue to have access to premium features until the end of your current billing period
Your subscription will not renew, and you will not be charged for subsequent periods
After the current billing period ends, your account will revert to the free tier
Any content saved beyond free tier limits may become inaccessible (but not deleted) until you resubscribe
No Partial Refunds
Cancellation takes effect at the end of the current billing period. We do not provide partial refunds for unused portions of a subscription period.
8. RETURNS AND REFUNDS
No Direct Refunds
As all purchases are made through the Apple App Store, we do not process refunds directly. The App does not sell physical goods that can be returned.
Apple App Store Refunds
If you believe you are entitled to a refund for a subscription purchase, you must request a refund directly from Apple. To request a refund:
Visit reportaproblem.apple.com
Sign in with your Apple ID
Select "Request a refund"
Choose the reason for your refund request
Select the subscription and submit
Apple will review your request and determine whether a refund is appropriate according to their refund policy. We have no control over Apple's refund decisions.
Subscription Issues
If you experience technical issues with premium features, please contact us before requesting a refund. We will make reasonable efforts to resolve any technical problems.
9. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities:
Commercial Activities
Use the App or its content to advertise, promote, or offer to sell any goods or services
Use the App for any commercial purpose not expressly authorised by us
Resell, redistribute, or commercially exploit any aspect of the Service
Account Violations
Sell, transfer, assign, or otherwise convey your account or profile to any third party
Create multiple accounts or use another person's account
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Provide false or misleading information when creating an account
Technical Violations
Attempt to gain unauthorised access to the App, user accounts, or computer systems or networks connected to the App
Interfere with, disrupt, or create an undue burden on the App or the networks and services connected to the App
Use any automated means, including robots, crawlers, or scrapers, to access the App or collect data
Bypass, disable, or otherwise interfere with security-related features of the App
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
Upload, transmit, or distribute any viruses, malware, or other malicious code
Introduce any material that is or may be defamatory, obscene, or otherwise objectionable
Content Violations
Copy, reproduce, modify, distribute, or create derivative works based on the App's content without our express written permission
Remove any copyright, trademark, or other proprietary notices from the App or its content
Use the App's content in any manner that infringes upon any third party's intellectual property rights
Legal Violations
Use the App for any purpose that is illegal or prohibited by these Terms
Violate any applicable laws, regulations, or third-party rights
Engage in any activity that could damage, disable, overburden, or impair the App
We reserve the right to terminate your access to the App if you engage in any prohibited activities.
10. USER-GENERATED CONTENT
No User Reviews
The App does not currently feature a system for users to submit reviews, ratings, or feedback on content items within the App. Any feedback about the App itself should be directed to our contact information provided below.
AI Chat Content
When using the AI-powered chat features, you acknowledge that:
Your conversations may be processed to provide the Service
You should not share sensitive personal information in chat conversations
AI-generated responses are for informational and educational purposes only
We do not guarantee the accuracy of AI-generated content
11. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, audio, video, design, selection, and arrangement thereof) are owned by Fractal Technologies Cluster, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks
"Orato," the Orato logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fractal Technologies Cluster or its affiliates or licensors. You must not use such marks without our prior written permission.
Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Download and install the App on a device that you own or control
Access and use the App for your personal, non-commercial purposes
This license does not include any right to:
Modify, copy, or create derivative works based on the App
Sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the App
Reverse engineer or access the App in order to build a competitive product or service
Copy any ideas, features, functions, or graphics of the App
Content Ownership
All linguistic content provided through the App (including but not limited to words, definitions, phrases, quotes, examples, and explanations) is either owned by us, licensed to us, or used with permission. You may not reproduce, distribute, or use such content for commercial purposes without our express written consent.
12. THIRD-PARTY ADVERTISEMENTS
Advertising
The App displays advertisements from third-party advertising networks, including Google AdMob. These advertisements help support the free tier of our Service.
Third-Party Ad Networks
Advertisements are served by third-party advertising networks and are subject to the terms, conditions, and privacy policies of those networks. We do not control the content of third-party advertisements and are not responsible for:
The accuracy, relevance, or appropriateness of advertisements
Any products or services advertised
Any actions you take based on advertisements
Any data collection by third-party advertisers
Ad-Free Experience
Premium subscribers enjoy an ad-free experience within the App.
Interest-Based Advertising
Third-party advertisers may use cookies, pixels, and similar technologies to collect information about your use of the App and other websites and applications to provide interest-based advertising. You can opt out of certain interest-based advertising through your device settings or by following the instructions provided by the relevant advertising networks.
13. THIRD-PARTY LINKS
Links to Third-Party Websites
The App may contain links to websites operated by third parties that we do not own or control. Currently, the App only links to websites owned by Fractal Technologies Cluster (including our Privacy Policy and these Terms and Conditions).
No Endorsement
The inclusion of any link does not imply endorsement, approval, or control by us of the linked website. We are not responsible for the content, accuracy, privacy practices, or availability of any linked website.
Your Responsibility
If you access any third-party website from the App, you do so at your own risk and subject to the terms and conditions of use and privacy policies of such websites. We encourage you to review the terms and policies of any website you visit.
14. PRIVACY AND DATA PROTECTION
Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is available at: https://www.fractaltechnologiescluster.com/privacy-policy The Privacy Policy describes how we collect, use, store, and share your personal information. By using the App, you consent to the collection and use of information as described in the Privacy Policy.
Data Protection
We are committed to protecting your personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Data Location
Our primary database and servers are located in the United Kingdom (London).
15. DISCLAIMER OF WARRANTIES
"As Is" Basis
THE APP AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
WARRANTIES THAT THE INFORMATION OR CONTENT PROVIDED THROUGH THE APP WILL BE ACCURATE, RELIABLE, OR COMPLETE
WARRANTIES THAT DEFECTS WILL BE CORRECTED
WARRANTIES THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
Educational Content Disclaimer
The linguistic content and AI-powered features provided through the App are for educational and informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of any content, and we are not responsible for any decisions you make based on such content.
No Professional Advice
Nothing in the App constitutes professional advice of any kind. You should seek appropriate professional advice before making any decisions based on information obtained through the App.
16. LIMITATION OF LIABILITY
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRACTAL TECHNOLOGIES CLUSTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP
DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP
DAMAGES RESULTING FROM UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
DAMAGES RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US FOR SUBSCRIPTION FEES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY SUBSCRIPTION FEES, OUR MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (USD $100).
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Essential Purpose
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
17. INDEMNIFICATION
Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Fractal Technologies Cluster and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:
Your violation of these Terms
Your use of the App
Your violation of any rights of any third party
Any content you submit or transmit through the App
Your violation of any applicable laws or regulations
Our Right to Control
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defence of such claim.
18. DISPUTE RESOLUTION
Informal Resolution First
Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App ("Dispute") informally. To initiate informal dispute resolution, you must send a written notice describing the nature of the Dispute and your desired resolution to our contact address. We will attempt to resolve the Dispute through good-faith informal negotiations within thirty (30) days from the date you send the notice.
Binding Arbitration
If we cannot resolve a Dispute through informal negotiations within thirty (30) days, either party may initiate binding arbitration. Any Dispute that cannot be resolved through informal negotiations shall be finally settled by binding arbitration. The arbitration shall:
Be conducted in the United Kingdom
Be administered in accordance with applicable arbitration rules
Be conducted in the English language
Be conducted by a single arbitrator mutually agreed upon by the parties
The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
19. GOVERNING LAW
These Terms and any Dispute arising out of or related to these Terms or the App shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom for the resolution of any Disputes not subject to arbitration.
20. TERMINATION
Termination by You
You may terminate your account at any time by deleting your account through the App's settings or by contacting us.
Termination by Us
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you:
Breach any provision of these Terms
Engage in any prohibited activities
Fail to pay any fees when due
Provide false or misleading information
Engage in conduct that we determine, in our sole discretion, is harmful to us, other users, or third parties
Effect of Termination
Upon termination:
Your right to use the App will immediately cease
Any licenses granted to you under these Terms will immediately terminate
We may delete your account and all associated data
You will remain liable for any fees accrued prior to termination
All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability
No Refund Upon Termination
If we terminate your account due to your breach of these Terms, you will not be entitled to any refund of subscription fees.
21. ACCOUNT DELETION
Your Right to Delete
You have the right to request deletion of your account and associated personal data at any time. You can delete your account through the App's account settings or by contacting us using the contact information provided below.
Deletion Process
Upon receiving your deletion request:
We will verify your identity
We will delete your account and personal data within 30 days
Some information may be retained for legal, regulatory, or legitimate business purposes as described in our Privacy Policy
Deletion is permanent and cannot be undone
Effect of Deletion
When you delete your account:
All saved content, bookmarks, and preferences will be permanently deleted
Your subscription (if any) will be cancelled
You will lose access to any premium features
AI conversation history will be deleted
22. CHANGES TO THESE TERMS
Right to Modify
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. We will not make retroactive changes that reduce your rights.
Notice of Changes
When we make material changes to these Terms, we will notify you before the changes become effective through one or more of the following methods:
Posting a notice within the App
Sending a notification through the App
Updating the "Last updated" date at the top of these Terms
Your Acceptance of Changes
Your continued use of the App after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App and may terminate your account.
Review of Terms
We encourage you to periodically review these Terms to stay informed of any changes. Changes are effective when posted unless otherwise specified.
23. SEVERABILITY
If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions shall continue in full force and effect.
24. ENTIRE AGREEMENT
Complete Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by us on the App, constitute the entire agreement between you and Fractal Technologies Cluster regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
25. CONTACT INFORMATION
If you have any questions, concerns, or complaints about these Terms and Conditions, or if you wish to report a violation of these Terms, please contact us at: Fractal Technologies Cluster Email: support@fractaltechnologiescluster.com Website: https://www.fractaltechnologiescluster.com For informal dispute resolution, please include "Dispute Resolution" in the subject line of your communication and provide a detailed description of the dispute and your desired resolution.
BY USING THE ORATO APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.