Terms of Use

1. Agreement and eligibility

These Terms of Use ("Terms") are an agreement between you and Pasha Labs LLC, a Texas limited liability company ("Pasha Labs", "we", "us"), about your use of Hana: Japanese for Your Trip for iPhone, including its widgets (the "App").

Your license to use the App is governed by Apple's Licensed Application End User License Agreement (the "Standard EULA", apple.com/legal/internet-services/itunes/dev/stdeula). These Terms supplement the Standard EULA. If they conflict, the Standard EULA controls. By downloading or using the App, you agree to both. If you do not agree, do not use the App.

You must be at least 13 years old to use the App. If you are under 18, you may use the App only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf. Only an adult may make purchases.

2. What Hana is, and what it is not

Hana gives you educational and travel-help content: Japanese phrases with romaji and English, audio, practice conversations, pronunciation feedback, etiquette tips, place guides and cards you can show to staff. Hana and Tanu are animated characters, and their voices are generated with AI.

We check the Japanese in the App carefully, but language is nuanced and mistakes can happen. The content is provided as is, for learning and convenience. In particular:

• It is not a certified or professional translation. Do not rely on it for contracts, official documents, immigration, customs or any other legal or official matter.
• It is not medical, legal or safety advice.
• Pronunciation feedback is automated and approximate. It is a practice aid, not an assessment of your ability.
• Etiquette tips and place guides are general. Customs vary by place and change over time. Opening hours, prices, rules and access for shops, shrines, venues and transport can change. Follow posted signs and staff instructions. We are not affiliated with any business, rail company, venue or tourism board mentioned in the App.

3. Emergency, allergy and safety phrases

Trip mode includes emergency, allergy and directions phrases and shows the emergency numbers. These are aids to help you communicate, not a substitute for emergency services, a medical professional, or an interpreter.

• In an emergency in Japan, call 110 for police or 119 for an ambulance or fire. Do not wait to find a phrase in the App.
• If you have a food allergy or other medical condition, do not rely on the App alone. Confirm with staff, carry your own written information and any medication you need, and follow your doctor's advice.
• Staff may not understand a phrase, may answer in a way the App does not cover, or may give information that is incomplete. You are responsible for your own decisions and safety.

4. Acceptable use

You agree not to:

• copy, resell, redistribute or publish the App's content (including its phrases, audio, illustrations and characters) outside the App, except sharing your own progress card for personal, non-commercial purposes;
• reverse engineer, decompile or modify the App, except where the law allows it despite this restriction;
• get around the paywall, purchase checks, Talk to Hana limits, or any security feature; or
• use the App in violation of any law or anyone else's rights.

5. Subscriptions and the Trip Pass

After you build your plan, full access to the App (your full 21-day plan, every practice situation, Talk to Hana, offline Trip mode and the lock-screen phrase) requires one of the following purchases through Apple's App Store:

There is no free trial. Prices are in U.S. dollars, may differ in other countries and currencies, and taxes may apply. The price and billing period that apply to you are shown in the App and on Apple's purchase confirmation sheet before you buy.

• Automatic renewal (Weekly and Yearly). Payment is charged to your Apple Account when you confirm the purchase. Your subscription automatically renews at the end of each billing period at the same price, unless you cancel at least 24 hours before the end of the current period. Your account is charged for the renewal within 24 hours before the current period ends. It continues until you cancel.
• Trip Pass. The Trip Pass is charged once to your Apple Account when you confirm the purchase and gives full access for 30 days. When the 30 days end, access to paid features ends and nothing more is charged. There is nothing to cancel. Buying a Trip Pass does not cancel a Weekly or Yearly subscription you already have; cancel that separately (Section 6).
• Talk to Hana includes up to 30 minutes of voice practice per week, counted on your iPhone, with any paid plan.

Apple sends a receipt to the email address on your Apple Account. You can see your subscription, its price and its next renewal date at any time in iOS Settings (Section 6). If you delete the App, a subscription keeps renewing until you cancel it. If you reinstall the App or move to a new iPhone with the same Apple Account, tap Restore on the paywall or in the App's Settings.

6. How to cancel

You can cancel a Weekly or Yearly subscription at any time, online, without contacting us:

1. Open the Settings app on your iPhone.
2. Tap your name (your Apple Account, formerly Apple ID), then Subscriptions.
3. Tap Hana, then Cancel Subscription.

You can also reach this screen from the App under Settings > Manage subscription, or from the App Store app by tapping your profile picture, then Subscriptions. Apple's instructions are at support.apple.com/118428.

When you cancel, you keep access until the end of the period you already paid for, and you will not be charged again.

7. Refunds and price changes

All purchases are processed by Apple, and Apple's refund policies apply. We cannot issue refunds ourselves. To request one, go to reportaproblem.apple.com. Nothing in these Terms limits any refund right you have under the law where you live.

We may change prices. A new price for the Trip Pass applies only to future purchases. If we raise the price of your subscription, Apple will notify you in advance and, where required, ask for your consent before the new price applies. If you do not agree, you can cancel before it takes effect.

8. Our app and intellectual property

The App, including its software, phrases, translations, audio, illustrations, the Hana and Tanu characters, and the Hana name and logo, belongs to Pasha Labs or its licensors and is protected by intellectual property laws. Subject to these Terms and the Standard EULA, you may use the App on Apple-branded devices that you own or control, for your personal, non-commercial use. The App includes open-source components that are licensed under their own terms.

If you send us feedback or ideas, including corrections to our Japanese, we may use them without any obligation to you.

9. Privacy

Our Privacy Policy explains what information the App handles. In short: your trip and progress stay on your iPhone, speech recognition runs on your iPhone, and we never upload or store your voice.

10. Disclaimers

To the fullest extent permitted by law, the App and all of its content are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that any phrase, translation, pronunciation, feedback, tip or place information is accurate, complete, current or suitable for your situation, or that it will be understood by the people you speak with. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, Pasha Labs and its members, managers, employees and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill, travel plans or bookings, arising out of or related to the App, its content or these Terms, even if we were told such damages were possible.

To the fullest extent permitted by law, our total liability for all claims arising out of or related to the App or these Terms is limited to the greater of (a) the amount you paid for the App and purchases in it in the 12 months before the event giving rise to the claim, or (b) US $50.

These limits do not apply to liability that cannot be limited or excluded by law, such as liability for fraud, gross negligence or willful misconduct where the law does not allow it to be limited.

12. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless Pasha Labs and its members, managers and employees from any claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the App or your violation of these Terms or anyone else's rights.

13. Termination

You can stop using the App at any time by deleting it (remember to cancel any subscription separately, as described in Section 6). We may suspend or end your access to the App if you seriously or repeatedly break these Terms, or if we stop offering the App. Sections 2, 3, 8 and 10 through 16 survive termination.

14. Governing law and disputes

Except where the Standard EULA provides otherwise, these Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict of laws rules.

Try us first. If you have a concern, email support@gethana.app with a short description and what you would like us to do. We will try in good faith to resolve it within 30 days before either of us starts a formal proceeding.

Courts. There is no arbitration agreement in these Terms. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you and we consent to the personal jurisdiction of those courts. Either of us may instead bring an individual claim in small claims court where it qualifies.

If you are a consumer, nothing in these Terms takes away any protection you have under the mandatory consumer protection laws of the place where you live, including any right to bring a claim in your local courts where that right cannot be waived.

15. Apple terms

If you downloaded the App from Apple's App Store, you and we also acknowledge and agree that:

• These Terms are between you and Pasha Labs only, not Apple. Pasha Labs, not Apple, is solely responsible for the App and its content.
• Your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses from any failure to conform to a warranty are Pasha Labs' responsibility, to the extent not disclaimed in these Terms.
• Pasha Labs, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the App or your possession and use of it infringes their intellectual property rights, Pasha Labs, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example, your wireless data agreement) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the App go to Pasha Labs at the contact details in Section 17.

16. General

Changes. We may update these Terms. We will post the new version here with a new effective date and, for material changes, tell you in the App before they take effect. Changes will not apply retroactively. If you keep using the App after changes take effect, you accept them. If you do not agree, stop using the App and cancel your subscription.

Entire agreement. These Terms, the Standard EULA and our Privacy Policy are the entire agreement between you and us about the App.

Severability and waiver. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not transfer these Terms. We may transfer them as part of a merger, acquisition or sale of assets.

17. Contact us

Pasha Labs LLC
Texas, United States
support@gethana.app