About Us
Welcome to SenWord—the intelligent wordbook crafted to make IELTS vocabulary memorization faster and more effective.
I'm Sen, the creator and your guide on this journey. After 15 years of teaching across Asia, I understand the specific challenges students here face. That's why SenWord is tailored for you, focusing on memorizing IELTS vocabulary and learning habits that really matter.
Our mission is straightforward: to help Asian students excel in the IELTS exam. We're launching first for Chinese learners, with Japanese and Korean versions coming soon.
Alongside experts from Hong Kong, Canada, and the U.S., we're harnessing AI to make IELTS preparation smarter—starting right here in Asia.
Privacy Policy
Last Updated: April 4, 2025
Introduction
SenWord ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and safeguard your information when you use our IELTS vocabulary learning application.
Information We Collect
Personal Information:
- Email address (for account creation and communication)
- Password (stored in encrypted format)
- Learning preferences and target IELTS score
- Subscription and payment information
Usage Information:
- Learning progress and activity
- Words mastered and quiz results
- App usage statistics and session data
- Device information and IP address
How We Use Your Information
We use your information to:
- Provide and improve our vocabulary learning services
- Process subscriptions and payments
- Send important account notifications
- Personalize your learning experience
- Analyze usage patterns to improve our application
Data Storage and Security
- All user data is stored securely on Supabase's encrypted database servers
- We implement appropriate security measures to protect against unauthorized access
- Personal information is never sold to third parties
- We retain your data for as long as your account remains active
Third-Party Services
We may use third-party services for:
- Payment processing (payment details are not stored on our servers)
- Analytics to improve application performance
- Service hosting and database management
Your Rights
Depending on your location, you may have rights to:
- Access the personal data we hold about you
- Correct inaccurate or incomplete data
- Request deletion of your data
- Export your data in a portable format
- Opt out of certain data processing activities
To exercise these rights, please contact us at: support@senword.com
Customer Service Contact Details
We're here to help you succeed in your IELTS preparation journey. Please don't hesitate to reach out with any questions or concerns.
Email Support: support
Customer Service Hours: Monday-Friday: 9:00 AM - 6:00 PM (UTC+8) Weekend: 10:00 AM - 4:00 PM (UTC+8)
Physical Address:
RM4, 16/F, Ho King Comm CTR 2-16 Fayuen ST, Mongkok Kowloon, Hong KongTEL: +852-53008243
For the fastest response, please include your account email address in all communications.
SenWord Terms of Service
Last Updated: April 19, 2025
These SenWord Terms of Service (“Terms”) are between you (“you” or “your”) and TATOMI INTL (“SenWord”, “we”, “us”, or “our”), a company incorporated or registered in Hong Kong SAR. By accessing or using our Services (defined below) in any way, by completing the account registration process, or by browsing the Website (defined below), you agree to be bound by these Terms.
These Terms apply to your access to and use of the SenWord:
- Website located at senword.com and all associated web pages, websites, and social media pages (the “Website”); and
- IELTS vocabulary learning services (including mobile applications, if any) and products accessible via the Website or our application programming interfaces (APIs, if any), or otherwise made available to you by us (together with the Website, the “Services”).
IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SENWORD'S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECIDE NOT TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 6(A) BELOW.
THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 11.
SECTION 12 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND SENWORD, INCLUDING AN AGREEMENT TO ARBITRATE WHICH, WITH LIMITED EXCEPTIONS, REQUIRES THAT DISPUTES BETWEEN YOU AND SENWORD SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ SECTION 12 CAREFULLY.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to your access to and use of some or all of our Services ("Supplemental Terms"), including:
- Our Privacy Policy, which describes how we handle your personal data in accordance with applicable laws, including the Personal Data (Privacy) Ordinance of Hong Kong;
- Any other terms and conditions disclosed within the Services.
Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of those changes by any reasonable means, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
1. Eligibility and Use Restrictions
(a) Age. If you are under 18 years of age, you may not use our Services.
(b) Authorization. If you register, access or use our Services on behalf of another person or entity, (i) all references to “you” throughout these Terms (other than in this Section 1(b)) will include that person or entity, (ii) you represent that you are authorized to enter into these Terms on that person's or entity's behalf, and (iii) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. If you are an entity using any Services pursuant to these Terms, you are responsible for your employees' and representatives' use of the Services, including ensuring they comply with these Terms.
(c) Use Restrictions. Your access to and use of the Services must comply with these Terms and our Privacy Policy.
2. Personal Data
You may provide certain information to SenWord in connection with your access to or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive communications from SenWord via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to SenWord in connection with the Services is accurate. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy, which complies with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong SAR.
You acknowledge that SenWord may process personal data relating to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models and learning algorithms, improvement of its systems and technologies, and compliance with law, all as further detailed in our Privacy Policy.
3. Accounts
We require that you create an account in order to use our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If your account is closed or terminated, you will forfeit any remaining subscription period and any data associated with your account may be deleted, subject to applicable law and our Privacy Policy.
4. Content
(a) Inputs and Outputs. You may provide data and information as input to our Services, such as your learning preferences, target scores, quiz answers, or custom vocabulary entries ("Input"). When you use the Services, you may receive content generated and returned by SenWord, such as vocabulary lists, definitions, example sentences, quiz questions, performance feedback, and progress reports (“Output”) (Input and Output, collectively, the “Content”). Your access to and use of the Services, including for the purposes of providing Input and receiving and using Output, is subject to these Terms and our Prohibited Use Policy. We may enable you to download certain Output (e.g., word lists) from some Services; in such cases, you are permitted to use such downloaded Output solely for your personal, non-commercial study purposes outside of the Services, always subject to these Terms and our Prohibited Use Policy. If you choose to make any of your information publicly available through the Services (if such functionality exists) or otherwise, you do so at your own risk.
(b) Rights to Content.
- (i) Your Input: Except as expressly set forth herein, as between you and SenWord, you retain all rights you hold in your Input (such as your personal contact information or any unique text you personally author and provide).
- (ii) SenWord Materials: SenWord and its licensors own all rights, title, and interest in and to the Services, including the underlying AI models, learning algorithms, vocabulary data, definitions, example sentences, quiz structures, user interface, and all Output generated by the Services (collectively, “SenWord Materials”). Output generated by our AI models may not be unique across users.
- (iii) Output: Subject to your compliance with these Terms, SenWord grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Output solely in connection with your permitted use of the Services for your personal learning purposes.
(c) License to Your Input. You hereby grant to SenWord a license to access, use, process, copy, distribute, perform, export, and display your Input solely as reasonably necessary to provide, maintain, improve and update the Services, to prevent or address service, security, or technical issues, to develop new services and features, and as required by law or permitted by the Privacy Policy. For avoidance of doubt, this includes using your learning progress and interactions to personalize your experience and enhance our underlying AI models and learning algorithms. Such license shall be:
- perpetual and irrevocable (subject to your data deletion rights under applicable law and our Privacy Policy),
- nonexclusive,
- royalty-free and fully paid,
- worldwide, and
- sublicensable (e.g., to our hosting providers or service partners).
(d) Necessary Rights. You may not provide Input for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Input, and our use of your Input as permitted by these Terms, will not violate any rights of any person or entity, or cause injury to any person or entity.
(e) No Sensitive Data. You may not provide any Input that includes sensitive personal data beyond what is necessary for account creation and use of the Services (e.g., avoid providing health information, financial account numbers unrelated to payment, etc.).
(f) Data Deletion and Opt Out. You may request access to or correction or deletion of your personal data as required under applicable law, including the PDPO. Please see our Privacy Policy ([Link to Privacy Policy]) for more information on exercising your rights. You may also have options to manage how your data is used for service improvement as described in the Privacy Policy or your account settings.
(g) Moderation. We do not undertake to review all Input, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Input. Although we have no obligation to screen, edit, or monitor Input, we may:
- delete or remove Input or refuse to process any Input at any time and for any reason with or without notice, including for any violations of applicable law, these Terms, or the Prohibited Use Policy;
- terminate or suspend your access to all or part of the Services, temporarily or permanently, if your Input or use of the Services is reasonably likely, in our sole determination, to violate applicable law, these Terms, or the Prohibited Use Policy (see also Section 14);
- take any action with respect to Input that is necessary or appropriate, in SenWord's sole discretion, to ensure compliance with applicable law and these Terms, or to protect SenWord's rights, or to protect any third-party rights, including intellectual property and privacy rights, or to respond to threats to the personal safety of users or the public; and
- as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing Input or using the Services.
5. Our Intellectual Property
(a) Ownership. The Services, including the text, graphics, images, photographs, videos, illustrations, software, algorithms, data models, and other content contained therein (excluding your Input as defined above), and all intellectual property rights therein and thereto, are owned by SenWord or our licensors. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.
(b) Limited License. Subject to your compliance with these Terms (including the Prohibited Use Policy), SenWord hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your personal IELTS vocabulary learning purposes. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and may result in termination of your account.
(c) Trademarks. The name “SenWord” and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of SenWord and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
(d) Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about SenWord or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or technologies in SenWord's sole discretion. SenWord will exclusively own any improvements to, or new inventions based upon, the Services based on the Feedback. You understand that SenWord may treat any Feedback as nonconfidential.
6. Subscription Services; Payment (Adapt or remove if SenWord is free)
(a) Subscriptions. To access and use certain features of the Services, you may be required to enroll in a Recurring Subscription. Your Recurring Subscription will automatically renew until you cancel it or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that SenWord is unable to charge your payment method(s) as authorized by you, SenWord may in its sole discretion (i) suspend your access to the paid features of the Services until payment is received or (ii) seek to update your payment method information through third-party sources (e.g., your bank or a payment processor) to continue charging your payment method as authorized by you. You may cancel your subscription through your account settings. You may cancel a Recurring Subscription at any time, but if you cancel before the end of the current subscription period, we will not refund any subscription fees already paid to us unless required by law. Following any cancellation, you will continue to have access to the applicable paid Services through the end of your current subscription period. SenWord may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services or notifying you via email; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription before the changes take effect (e.g., at least 7 days before renewal, as specified during purchase or in your account settings). If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and SenWord will charge your on-file payment card or method on the first day of the renewal of the subscription term.
(b) Other Usage Charges. (Include if applicable) In the event your usage exceeds the volume provided under your Recurring Subscription or plan, you may be charged usage overage fees, as indicated to you upon subscribing or in the Service. In such event, you hereby authorize us to charge your payment method on file or any other payment method you choose for these charges.
(c) Payment. You represent and warrant that you have the right to use any payment method that you submit in connection with a payment. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect at the time such charges are incurred, including applicable taxes where required by law. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all reasonable expenses incurred to recover sums due, including legal fees and other legal expenses on a full indemnity basis.
(d) Refunds. All sales are final, and no refunds will be issued unless required by applicable law (such as consumer protection laws in Hong Kong SAR) or otherwise stated at the time of purchase or at our sole discretion.
(e) Reservation of Rights. SenWord reserves the right, including without prior notice, to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment options for services; and to refuse to provide any user with any Service.
7. Copyright Complaints
(a) Our Policy. We respect the intellectual property rights of others and expect our users to do the same. We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers of copyright.
(b) Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringes any copyright that you own or control, you may notify SenWord by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury (where applicable law permits), that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send your notice to:
TATOMI IntlBy Mail: support@senword.com
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).
8. Third-Party Services and Content
(a) Our Services may rely on or interoperate with third-party products and services, including data storage services, communications technologies, AI service providers (if applicable), analytics services, payment processors, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.
(b) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
(c) We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content or Services (including terms of service or privacy policies of the providers). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.
9. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless SenWord and our officers, directors, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to: (a) your access to or use of the Services; (b) your Input or Feedback; (c) your violation of these Terms or the Prohibited Use Policy; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will cooperate with SenWord in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including legal fees). SenWord will have control of the defense or settlement, at SenWord's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SenWord.
10. Disclaimers
YOUR USE OF OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SENWORD DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, SENWORD DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ACCESS TO OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE SENWORD ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, OUTPUT GENERATED BY THE SERVICES MAY NOT BE UNIQUE ACROSS USERS, AND THE SERVICES MAY PRODUCE THE SAME OR SIMILAR OUTPUT FOR YOU AND A THIRD PARTY. SIMILARLY, AI-GENERATED FEEDBACK OR CONTENT MAY CONTAIN INACCURACIES OR ERRORS. SENWORD MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OUTPUT FOR YOUR SPECIFIC LEARNING NEEDS.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION 10 AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF SENWORD AND SENWORD'S RESPECTIVE SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
(c) No Guarantee of IELTS Score. You acknowledge and agree that SenWord provides helpful tools and strategies to support your IELTS test preparations. However, it is solely your responsibility to make the most effective use of these tools to improve your readiness for the IELTS. SenWord does not guarantee, promise, or warrant that you will achieve any particular IELTS score, including your desired IELTS score, by using our Services.
11. Limitation of Liability
(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SENWORD AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOSS OF PROFITS, EVEN IF SENWORD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE TOTAL AGGREGATE LIABILITY OF SENWORD AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF: (I) FIVE HUNDRED HONG KONG DOLLARS (HKD 500); AND (II) THE AMOUNT PAID BY YOU TO USE OUR SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(c) THE LIMITATIONS SET FORTH IN THIS SECTION 11 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW IN HONG KONG SAR.
12. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Scope. This Section 12 applies to any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes"), between you and SenWord.
(b) Informal Negotiation. You and SenWord agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one party to the other. SenWord will send its notice to the email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
(c) Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be administered by a chosen arbitration provider under its rules then in effect, except as modified by this Section 12. The rules of the chosen arbitration provider may be available on their website. The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties or appointed in accordance with the rules of the chosen arbitration provider. The seat, or legal place, of arbitration shall be Hong Kong SAR. The language to be used in the arbitral proceedings shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
(d) Exceptions to Arbitration. This agreement to arbitrate does not apply to Disputes related to: (i) claims qualifying for the Small Claims Tribunal in Hong Kong SAR; or (ii) claims seeking injunctive or other equitable relief for the alleged unlawful use or infringement of intellectual property rights (such as patents, copyrights, trademarks, trade secrets). For such excepted Disputes, you and SenWord agree to submit to the exclusive jurisdiction of the courts of Hong Kong SAR as set forth in Section 13.
(e) Arbitration Fees. Each party will bear its own costs and legal fees associated with the arbitration, unless the arbitrator determines otherwise.
(f) Confidentiality. The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) shall not be disclosed beyond the arbitral tribunal, the parties, their counsel, experts, witnesses, and any person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise, without the prior written consent of all parties.
(g) Individual Basis Only. YOU AND SENWORD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SenWord agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
13. Governing Law and Venue
These Terms and any Disputes arising out of or related hereto will be governed by and construed and enforced in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong SAR"), without regard to conflict of law rules or principles. If arbitration under Section 12 is found not to apply to you or to a particular Dispute, or for any Disputes excepted from arbitration under Section 12(d), you and SenWord agree that any judicial proceeding will be brought exclusively in the courts of Hong Kong SAR. Both you and SenWord irrevocably consent to venue and personal jurisdiction there.
14. Modifying and Terminating Our Services
We reserve the right to modify, impose limits on, replace, upgrade, update, suspend, discontinue, or terminate providing all or part of our Services at any time, with or without notice, without liability to you. We may also charge, modify, or waive any fees required to use the Services or offer opportunities to some or all users. All modifications and additions to the Services will be governed by these Terms or applicable Supplemental Terms, unless otherwise expressly stated by SenWord in writing.
Furthermore, SenWord reserves the right to suspend or terminate your access to the Services, immediately and without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms or the Prohibited Use Policy. Specifically, we may terminate or suspend your account immediately if we suspect, in our sole discretion, that you are engaging in activities that violate these Terms or applicable law, including but not limited to:
- Attempting to access, scrape, copy, or download proprietary data, algorithms, or learning materials belonging to SenWord.
- Attempting to reverse engineer, decompile, or otherwise discover the source code or underlying mechanisms of the Services.
- Using the Services for any purpose other than your personal IELTS vocabulary learning.
- Interfering with the operation of the Services or imposing an unreasonable load on our infrastructure.
- Any fraudulent, abusive, or illegal activity.
Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Services or use the account deletion features if available. We are not responsible for any loss or harm related to your inability to access or use our Services. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Export Control
You agree to comply with all applicable export and re-export control laws and regulations, including those of Hong Kong SAR and the United States, that may apply to the access and use of the Services. You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes by relevant authorities, and that you are not listed on any restricted party lists maintained by such authorities.
16. Miscellaneous
(a) SenWord'S FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION. THESE TERMS, TOGETHER WITH ANY APPLICABLE SUPPLEMENTAL TERMS (LIKE THE PRIVACY POLICY AND PROHIBITED USE POLICY), REFLECT THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND SUPERSEDE ALL PRIOR AGREEMENTS, REPRESENTATIONS, STATEMENTS, AND UNDERSTANDINGS OF THE PARTIES.
(b) EXCEPT AS OTHERWISE PROVIDED HEREIN, THESE TERMS ARE INTENDED SOLELY FOR THE BENEFIT OF THE PARTIES AND ARE NOT INTENDED TO CONFER THIRD-PARTY BENEFICIARY RIGHTS UPON ANY OTHER PERSON OR ENTITY.
(c) COMMUNICATIONS AND TRANSACTIONS BETWEEN US MAY BE CONDUCTED ELECTRONICALLY.
17. Additional Terms Applicable to Mobile Devices (Include if SenWord has mobile apps)
(This section remains largely the same as it pertains to App Store platform rules, but ensure consistency with Hong Kong consumer law)
If you download our mobile application associated with the Services (“Mobile App”) from an app store or distribution platform (each, an “App Store”), you acknowledge and agree that:
(Subsections (a) through (g) from the previous version can generally remain, but should be reviewed by Hong Kong legal counsel for compliance with local consumer protection standards regarding app warranties and claims handling.)