Terms of Service

1. Agreement to Terms

Welcome to Phayan! These Terms of Service ("Terms") govern your access to and use of the Phayan website and related services (collectively, the "Service"). The Service is operated by Zava Solutions LLC, a Wyoming limited liability company ("we," "us," or "our"), trading as Phayan.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must meet the following requirements to use the Service:

• You must be old enough, where you live, to agree to the processing of your personal data. In the EEA that is 16 unless your country has set a lower age, which is never below 13; elsewhere we require 13.
• You must be able to form a binding contract under applicable law
• You must not be prohibited from using the Service under any applicable laws
• You must provide accurate and complete registration information

The Service is not directed to children. We do not ask for your date of birth and we do not verify your age, so this requirement rests on you. If you are a parent or guardian and believe a child has created an account, write to us at the address in section 18 and we will delete it.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You may register:

• With an email address and password
• With a passkey (Face ID, Touch ID, Windows Hello, or a security key)
• Through Google Sign-In
• Through Apple Sign-In

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information is accurate and up-to-date

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, illegal activity, or any other reason at our sole discretion. You may delete your account at any time through your account settings.

4. Description of Service

Phayan is a Thai alphabet learning service that allows you to:

• Progress through 24 levels of lessons, from the five tones to connected reading
• Practice the five tones with interactive audio drills
• Build real Thai words from letter variants in typing rounds
• Watch stroke-order animations for the letters of the alphabet
• Review letters and words on a spaced-repetition schedule (1, 3, 7, and 21 days)
• Hear recorded and synthesized audio for every letter and word
• Sync your progress across devices when signed in

The Service is offered on a freemium model: levels 0–4 are free, and Premium (levels 5–31) unlocks the rest — see section 6.1 for current pricing. The Thai alphabet has 44 symbols, of which 42 are in use; the Service teaches all of them, with the retired letters ฃ and ฅ labeled in the chart.

5. Learning Data and Your Progress

Your learning progress (completed rounds, drill answers, tone statistics, and the spaced-repetition review queue) belongs to you. It is stored on your account, is included in your data export, and is permanently deleted when you delete your account.

Progress made without signing in is stored locally in your browser and merges with your account when you sign in. The merge is per-round and keeps the highest completion state on each item.

6. Subscription Plans and Payments

6.1 Subscription Tiers

• Free Plan: Levels 0–4, the five tones, first words, and more vowels, including tone-hearing drill previews and audio for every free word. No card needed.
• Premium Plan: Unlocks levels 5–31. It costs $14.99/month, or $79.99/year. The price shown at checkout, in your own currency and including any tax, is the price that governs.

6.2 How You Can Buy

There are two purchase routes, and which one you used matters later on:

• On this website: payment is processed by Stripe. Stripe handles the card details; we store only the customer and subscription identifiers Stripe gives us, never your card number.
• Inside the Phayan iOS or Android app: payment goes through Apple's In-App Purchase or Google Play Billing, because the app stores require it. We use RevenueCat to read back which subscription the store granted you and to unlock Premium on your account.

A store purchase is billed by the store, not by us. Your receipt, your billing history, and your payment method live in your Apple or Google account, and the store's own terms and refund policy apply to that transaction alongside these Terms.

6.3 Billing and Renewal

Premium subscriptions billed on a recurring basis will be charged automatically at the start of each billing period until cancelled. Subscription prices may change for future billing periods, and we will give you advance notice of any price change. If you do not agree to a price change, you may cancel before the new price takes effect.

6.4 Cancellation and Refunds

You may cancel at any time. If you bought on this website, open Settings Subscription Manage billing, which takes you to Stripe's billing portal. If you bought inside the app, cancel in your Apple or Google account's subscription settings; we cannot cancel a store subscription for you.

Cancellation takes effect at the end of the billing period you have already paid for: you keep Premium access until then, and you are not charged again. Cancelling is not the same as withdrawing: section 6.5 covers the 14-day withdrawal right, which ends the contract immediately and refunds the unused part.

6.5 EU/EEA Consumers: 14-Day Right of Withdrawal

If you are a consumer in the EU or EEA, you have 14 days from the day your subscription contract is concluded to withdraw from it, under the Consumer Rights Directive (2011/83/EU). You do not need a reason and you do not lose this right by starting to use Premium straight away.

Phayan is a digital service, not a fixed piece of digital content: the curriculum grows, your review queue responds to your answers, and the lessons you are shown change as you use them. The exception in Article 16(m), which can end the withdrawal right once digital content has been supplied, therefore does not apply to this subscription, and we do not ask you to waive anything at checkout.

What happens when you withdraw, under Article 14(3) of the Directive: your Premium access ends immediately, you pay a proportionate amount for the days you actually had it, and the rest of what you paid is refunded to your original payment method. We email you a confirmation.

If you bought on this website: open Settings Subscription and use “Withdraw from contract”. The page shows you the amount you paid, the pro-rata charge, and the refund before you confirm. You may also withdraw by any clear statement sent to the address in section 18. An email saying you withdraw is enough, and you may use the model withdrawal form in Annex I(B) of the Directive, though you are not obliged to.

If you bought inside the app: the money went to Apple or Google, not to us, so we cannot refund it. Request the refund through that store's own process: Report a Problem for the App Store, the Play Store order history for Google Play. Write to us at the address in section 18 at the same time: we will end your Premium access immediately on request and support your claim with the store.

6.6 Failed Payments

If a payment fails (for example, an expired card), we will retry the payment and notify you by email. If payment continues to fail, your Premium access may be downgraded to the Free plan. You can update your payment method at any time in your account settings.

6.7 Purchases Made Inside the App

If you subscribe inside the Phayan iOS or Android app, the purchase is an in-app purchase in the Apple App Store or Google Play. These points apply to it:

• Payment is charged to your Apple or Google account when you confirm the purchase.
• The subscription renews automatically until you turn auto-renewal off in that account.
• Manage, pause, or cancel it in your Apple or Google subscription settings. We have no ability to do any of those things on your behalf.
• Refunds for that payment are decided by the store under its own refund policy. Section 6.5 explains what we do alongside a refund request from an EU or EEA consumer.

We use RevenueCat to receive the entitlement the store granted you and to restore it when you reinstall the app or sign in on a second device. RevenueCat receives an account identifier and the store's purchase and entitlement data; it is not given your email address, and it never sees your payment details.

7. User Data and Intellectual Property

7.1 Your Data

Your account information and learning progress remain yours. You grant us a limited license to store and process this data to provide the Service, for example, to run your review queue and sync your progress between your devices.

We do use analytics and advertising measurement tools on the website, and we send marketing email to the people who ask for it. The Privacy Policy names each tool and each kind of message, and says how to switch it off; marketing email also has an unsubscribe link in every message and a switch in Settings Email preferences.

7.2 Our Intellectual Property

The Service, including the curriculum, the software, the visual design, and the Phayan name and logo, is owned by Phayan and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service except as expressly permitted by these Terms.

7.3 What You Can Upload

There are only two things you can send us: a profile picture, and a screenshot attached to a feedback or support message. Nothing you upload is shown to any other user. For both, you agree that:

• You own the image or have the right to use it
• It is not unlawful, hateful, or sexually explicit
• It does not impersonate another person

7.4 Content Monitoring and Removal

We may remove content that violates these Terms or applicable law. We reserve the right to terminate accounts of users who repeatedly violate these Terms.

8. Privacy and Your Data

8.1 Private by Default

Phayan has no public profiles, no social feed, and no user-to-user content sharing. Your account, progress, and review queue are visible only to you. We do not sell, rent, or trade your personal information to third parties for marketing purposes.

8.2 Progress Sync

When you sign in, your progress syncs between your devices. Sync data is limited to your progress tree and is transferred only between your own devices and our servers. We do not share your progress with any other user.

8.3 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

9. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to the Service or other accounts
• Use automated tools (bots, scrapers) without permission
• Reverse engineer or decompile the Service
• Remove or modify any copyright or proprietary notices
• Use the Service to distribute spam or malware

10. Third-Party Services

The Service integrates with and relies on third-party services:

10.1 Authentication Services

• Google Sign-In: OAuth authentication
• Apple Sign-In: OAuth authentication

10.2 Payments

• Stripe: card processing, billing portal, and invoices for subscriptions bought on this website
• Apple App Store and Google Play: payment and billing for subscriptions bought inside the app
• RevenueCat: receives the entitlement a store granted you, so Premium unlocks on your account and restores on a new device

10.3 Security

• Google reCAPTCHA: checks a form submission for automated abuse. The reCAPTCHA script is loaded when you submit such a form, not when you open a page.

10.4 Analytics and Advertising Measurement

PostHog loads only after you allow analytics cookies, and not at all if your browser sends a Global Privacy Control signal. Google Analytics, Google Ads, and the Meta Pixel in your browser are not currently configured, so none of them loads today, regardless of that choice; when configured, the Meta Pixel would follow the same consent rule as PostHog. A separate server-side event to Meta on sign-up and on purchase, when configured, runs regardless of any of the above. See the Privacy Policy, section 2.2, for what each of these collects.

• PostHog: product analytics and session replay
• Google Analytics and Google Ads: usage statistics and conversion measurement, when configured
• Meta Pixel: advertising measurement, when configured, in your browser and, separately, a server-side conversion event

10.5 Running and Supporting the Service

• Sentry: error and performance monitoring. This one runs regardless of your cookie choice, because it is how we learn the Service is broken.
• Resend: delivers our email
• Cloudflare R2: stores profile pictures and any screenshot you attach to a support message
• Google Cloud Text-to-Speech: generates the Thai pronunciation audio for the curriculum. It receives Thai words, never anything about you.

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services. The Privacy Policy explains what each one receives.

11. Copyright and DMCA

11.1 Respect for Copyright

Phayan respects the intellectual property rights of others and expects users to do the same. You may only upload content that you own or have the right to use.

11.2 DMCA Takedown Requests

If you believe that content on our Service infringes your copyright, you may submit a DMCA takedown notice to support@phayan.com with:

• Identification of the copyrighted work
• Identification of the infringing material and its location on our Service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

11.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification with the required information under the DMCA.

11.4 Repeat Infringers

We will terminate the accounts of users who are repeat infringers in accordance with the DMCA.

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may experience downtime for maintenance, updates, or technical issues.

12.3 Data Backup

While we implement backup systems, you are responsible for maintaining your own backups of important content. We are not liable for any loss of data.

12.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHAYAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Phayan and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your User Data
• Your violation of these Terms
• Your violation of any rights of another party

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at support@phayan.com to attempt to resolve the dispute informally.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

14.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law. You waive your right to a jury trial or to participate in a class action.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

14.5 Consumers in the EU, EEA, and UK

If you are a consumer, nothing in these Terms takes away the rights your own country's law gives you. The choice of Wyoming law in section 14.2 does not deprive you of the protection of the mandatory consumer rules where you live, and you can always bring a claim in the courts of the country where you live. Sections 14.3, 12 and 13 apply to you only so far as your law allows: your statutory rights against us for a service that is faulty or not as described, and your right to go to a court rather than to arbitration, are not waived by anything you agreed to here.

We do not commit to using any alternative dispute resolution body. Your national consumer authority or a European Consumer Centre can tell you what is available where you live.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may delete your account.

16. Termination

16.1 By You

You may terminate your account at any time by deleting it through your account settings. Upon termination, your access to the Service will cease.

16.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your account is inactive for an extended period
• We are required to do so by law
• We discontinue the Service

16.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We will delete your data in accordance with our Privacy Policy
• You remain liable for any outstanding payments
• Sections that by their nature should survive termination will survive

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Phayan.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or technical failures.

18. Contact Information

If you have questions about these Terms, please contact us: