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 ("Phayan," "we," "us," or "our").

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 at least 13 years old (or 16 in the EEA)
• 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

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
• 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 ten 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 0–2 are free, and Premium (levels 3–9) is coming soon. 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.

We do not use your learning data for advertising, and we do not use it to train AI models. We never sell your data.

6. Subscription Plans and Payments

6.1 Subscription Tiers

• Free Plan: Levels 0–2 — 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 3–9. Premium is coming soon; the price will be published here and on the pricing page at launch. Joining the waitlist is free and does not create any obligation.

6.2 Payment Processing

Subscriptions purchased on our website are processed by Stripe. Subscriptions purchased through the iOS app are processed by Apple and billed to your Apple App Store account — see section 6.7, which governs those purchases.

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 your subscription at any time:

• For subscriptions purchased on our website, through your account settings (cancellation takes effect at the end of the current billing period)
• For subscriptions purchased through the Apple App Store, through your Apple account settings (see section 6.7)

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

If you are a consumer in the EU/EEA, you have a 14-day right of withdrawal from your purchase under the Consumer Rights Directive (2011/83/EU). Because Phayan provides digital access immediately, you expressly request, when you complete your purchase, that the Service be supplied immediately, and you acknowledge that the right of withdrawal expires once the digital content has been supplied.

If you do not request immediate supply, you may withdraw from the purchase within 14 days of the contract date by contacting us at the address in section 18. In that case, we will refund any amounts paid, and we will not provide the paid content until the withdrawal period ends.

For annual subscriptions purchased on our website, an EU consumer may withdraw within 14 days and receive a pro-rata refund for the unused period, subject to the request for immediate supply above.

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 Through the Apple App Store

If you purchase a subscription through our iOS app, the following terms apply in place of sections 6.2 through 6.4:

• Payment is charged to your Apple App Store account at confirmation of purchase
• The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
• You can manage and cancel the subscription in your Apple account settings; no cancellation is possible during an active period
• Refunds are handled by Apple, not by Phayan, in accordance with Apple's policies

RevenueCat is used to validate and restore subscriptions purchased through the Apple App Store or Google Play.

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 solely to provide the Service — for example, to run your review queue and sync your progress. We do not use your data for advertising, marketing, or AI training.

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 Content Restrictions

You agree not to use the Service to:

• Upload content you do not have the right to use
• Post unlawful, harmful, or infringing content
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Attempt to disrupt or gain unauthorized access to the Service

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
• Harass, abuse, or harm other users
• 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
• Collect user information without consent

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 Payment Processing

• Stripe: Secure payment processing for subscriptions purchased on the web
• Apple App Store: In-app subscription purchases made through our iOS app
• RevenueCat: Manages and validates in-app subscriptions on mobile

10.3 Security Services

• Google reCAPTCHA: Protection against spam and automated abuse

10.4 Analytics

• PostHog: Product analytics to understand and improve Service usage
• Google Analytics: Usage statistics to improve the Service
• Meta Pixel: Advertising measurement and optimization

10.5 Error Monitoring

• Sentry: Error tracking and performance monitoring to maintain Service reliability

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.

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 [email protected] 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 [email protected] 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.

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: