01Agreement
These Terms are an agreement between you and One FortySeven Limited (“we,” “us,” “our”), the company that operates Tongda. They govern your use of tongda.app, our emails, and the Tongda app, including test versions. By using Tongda, you agree to these Terms and acknowledge our Privacy Policy.
If you do not agree, do not use Tongda.
02The service
Tongda is a simplified Chinese learning app. The website describes the app. The app, including any test version, may include accounts, mnemonic scenes, generated suggestions, review scheduling, and audio. Some features may not be available yet or in every region. In test versions, features and stored data may change or be reset.
Features, screenshots, availability, pricing, and timing may change as the app develops.
We may change, suspend, or discontinue Tongda or any part of it at any time. If we discontinue Tongda, we will give reasonable notice where possible. Any refund for an unused paid period is handled by the store under its terms, and your statutory rights remain unaffected.
03Eligibility and accounts
You must be at least 13 years old to use Tongda. Tongda is not directed at children under 13. If you are not old enough to enter a binding contract where you live, you may use Tongda only after a parent or legal guardian has reviewed and agreed to these Terms and given you permission to use the service.
You need an account to use the app. Keep your sign-in secure, and do not share, sell, or transfer your account. You are responsible for activity under it.
04Emails
We may email you about your account, security, subscription, or support when needed, for example before a free trial ends. If you ask for them, we also send product news and tips to your account email. You can unsubscribe at any time, and this does not affect your account.
05App stores and subscriptions
Tongda is offered as an auto-renewable subscription. The price, billing period, and any free-trial length are shown in the app and on the store's payment sheet before you subscribe; a free trial converts to a paid subscription at the shown price unless you cancel before the trial ends.
A subscription unlocks Tongda for the account you were signed in to when you bought it. Restore brings it to that account on another device; it cannot be moved to a different Tongda account while it is active.
Any paid subscription is billed through your Apple App Store or Google Play account and continues until you cancel it through the store. To avoid the next charge, cancel before the renewal date the store shows you. You can manage or cancel a subscription in your App Store or Google Play account settings. The store handles purchases, billing, and refunds under its own terms, and nothing in these Terms limits non-waivable refund, cancellation, or consumer rights that apply where you live. If we change the price of your subscription, the store will notify you and, where required, ask for your agreement before the new price applies.
If you are a consumer in the EU, EEA, or UK, you may have a statutory right to withdraw from a purchase within 14 days, and nothing in these Terms waives it. Where the law allows this right to end when digital content or services begin immediately, the store obtains any required express request and acknowledgment from you at checkout, not through these Terms.
If you install Tongda from the Apple App Store or Google Play, the following also apply. This agreement is between you and us only, not with Apple or Google, and we, not the store, are solely responsible for the app, its content, maintenance, support, and warranties, and for addressing any claims relating to the app, including product-liability, regulatory, and intellectual-property claims.
For an app obtained through Apple, your license is a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Apple Media Services Usage Rules, including any access permitted through Family Sharing or volume purchasing. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to an applicable warranty, you may notify Apple, and for App Store purchases Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms when using the app.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
06Your content and generated content
You keep ownership of personal content you enter into Tongda, such as the people, places, things, and details you add, and your support messages. You grant us a worldwide, non-exclusive, royalty-free license to host, process, display, generate from, and share that content with our service providers, only as needed to operate, secure, support, and improve Tongda. This license ends when the content is deleted, except for the limited backup and legal retention described in our Privacy Policy. You may use generated results for your personal learning. Results may not be unique. If you send us feedback or suggestions, we may use them without any obligation to you.
Generated suggestions and mnemonic scenes may be inaccurate, repetitive, unusual, or unsuitable. You choose what to accept, edit, regenerate, skip, or rely on for study. You can report generated content in the app, and we may review the reported text to act on the report. Tongda is an educational tool, not a guarantee of fluency, exam performance, translation accuracy, or any specific learning result.
07Our rights
The Tongda name, logo, website, app design, code, curriculum presentation, prompts, workflows, text, graphics, and audio arrangement are owned by us or our licensors. You may use Tongda for personal learning, but you may not copy, scrape, resell, reverse engineer, or build a competing product from Tongda except where law allows it or we give written permission.
08Acceptable use
Do not break the law, infringe anyone’s rights, submit false or unauthorized information, misuse generated-content features, bypass security or rate limits, attack or overload the service, scrape data, send spam or malware, or use Tongda to create harmful or abusive content. We may suspend or remove access if we believe your use creates legal, security, abuse, payment, or product-integrity risk.
You can stop using Tongda at any time and delete your account in the app. Sections covering your content and our rights, disclaimers, liability, indemnity, and governing law survive any termination.
09Third-party services
Tongda relies on third-party services for things like hosting, email, analytics, authentication, support chat, generation, and payments. Their own terms and policies may apply. We are not responsible for services they provide to you independently of us, but this does not limit our responsibility for providers acting on our behalf or any liability the law does not allow us to exclude.
10Disclaimers, liability, and indemnity
To the fullest extent permitted by law, Tongda is provided “as is” and “as available,” without warranties of any kind. We do not guarantee that the website, app, generated content, audio, review schedule, or third-party services will be error-free, always available, or produce specific learning results.
To the fullest extent permitted by law, we and our directors, officers, employees, and contractors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost data, service interruption, or learning outcomes arising from or related to the service. To the fullest extent permitted by law, our total liability for all claims relating to Tongda is limited to the amount you paid for Tongda through the store in the 12 months before the claim arose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded or limited under the law that applies to you, including non-waivable consumer rights.
You agree to cover reasonable losses we incur from your breach of these Terms, your misuse of Tongda, or content you submit, to the extent those losses are caused by you. This does not apply where a loss results from our own conduct, and it does not limit any non-waivable rights you have as a consumer.
11Changes
We may update these Terms as the product, providers, laws, or platform requirements change. We will update the date above and notify you in advance of material changes, unless an urgent legal or security change requires faster action. Changes apply from their stated effective date and do not reduce rights or claims that arose earlier. If you do not agree with updated Terms, stop using Tongda before they take effect. Continuing to use Tongda after that date means you accept them.
12Governing law
These Terms are governed by the laws of Hong Kong. The courts of Hong Kong have jurisdiction over disputes relating to these Terms, except where laws where you live give you rights that cannot be waived by contract, including, if you are a consumer in the EU, the right to bring proceedings in the courts where you live.
If any part of these Terms is invalid or unenforceable, the rest stays in effect, and not enforcing a right is not a waiver of it. We may transfer these Terms to a successor in a merger, acquisition, or sale of assets, as described in our Privacy Policy. You may not transfer them.
