Terms of Service

Last updated: 2026-05-09 | Version: 1.0

These Terms of Service (the "Terms") form a binding agreement between you and Lexborn (defined below) and govern your access to and use of the Lexborn voice-AI language-learning service available at lexborn.app and its subdomains (the "Service"). Please read them carefully. By creating an account or using the Service you agree to these Terms; if you do not agree, do not use the Service.

1. Agreement and provider

The Service is provided by Bapusaheb Patil, trading as Nuits, a Finnish toiminimi (sole-proprietorship) with business identifier Y-tunnus 3584845-8, established in Finland ("Lexborn", "we", "us", "our"). Full legal-entity disclosure is at /imprint. You can reach us at hi@lexborn.app for all matters, including privacy and data-subject rights.

2. Eligibility

You must be at least 16 years old to use the Service if you reside in the European Economic Area, the United Kingdom, or Switzerland, and at least 13 years old in other jurisdictions. If you are under the age of majority in your place of residence, your legal guardian must read and accept these Terms on your behalf. By creating an account you represent that you meet these requirements and that you have the legal capacity to enter into a contract.

3. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate registration information, to keep it up to date, and to notify us immediately at hi@lexborn.app if you suspect unauthorised use of your account. We may refuse, suspend, or terminate accounts that we reasonably believe are fraudulent, abusive, or used in breach of these Terms. One person, one account: creating multiple accounts to circumvent free-trial limits, rate-limits, or sanctions is prohibited.

4. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy at /legal/aup, which is incorporated by reference into these Terms. In summary, you must not use the Service to produce or transmit illegal content, attempt to bypass safety or rate-limit controls, scrape or automate access, resell or white-label the Service, harass other users, or engage in commercial-grade synthetic-media abuse. Violation of the AUP is a material breach of these Terms.

5. Subscriptions, trials, and billing

5.1 Plans

We offer the following paid options:

Pro Monthly — recurring monthly subscription with unlimited conversational minutes within the fair-use limits posted on the pricing page.
Pro Annual — recurring annual subscription billed once per year, at the discounted annual rate posted on the pricing page.
Starter Pack — a one-time purchase of 30 minutes of conversational time, valid for 30 days from purchase, non-recurring.

Free-tier and promotional minute pools may be granted from time to time on a non-binding basis and may be revoked or rate-limited to prevent abuse.

5.2 Merchant of Record

Polar.sh acts as our Merchant of Record (MoR). Polar charges you, collects and remits applicable VAT, GST, and sales tax, issues invoices and receipts, and handles chargebacks. Your contract for payment is with Polar in addition to your contract for the Service with Lexborn. Polar's terms apply to payment matters; ours apply to the Service.

5.3 EU/EEA right of withdrawal

If you are a consumer in the EU or EEA, Directive 2011/83/EU on Consumer Rights (the "Consumer Rights Directive" or "CRD") gives you a 14-day right of withdrawal from distance contracts. The Service is digital content not supplied on a tangible medium. Pursuant to Article 16(m) CRD, the right of withdrawal is lost once performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal. Polar.sh collects this consent and acknowledgement at checkout. In practice, your right of withdrawal lapses the moment you start your first AI conversation after purchase.

5.4 Beyond-statutory refund window

Independently of any statutory right, we offer the following voluntary refunds:

Annual plans: full pro-rated refund if requested within 30 days of the original charge or the most recent annual renewal.
Monthly plans: full refund of the most recent month if requested within 14 days of the charge.
Starter Pack: full refund within 14 days only if no minutes have been consumed; once any minute has been used, the Starter Pack is non-refundable.

Refund mechanics and California-ARL and German-BGB-§309-Nr.-9 specifics are in the Refund and Withdrawal Policy at /legal/refund.

5.5 Renewals, cancellation, and California ARL

Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel any time from Settings → Billing or via the Polar customer portal; cancellation takes effect at the end of the current period and you retain access until then. For California residents, in compliance with California's Automatic Renewal Law (Cal. Bus. & Prof. Code §§17600–17606), we send a pre-renewal reminder email before annual renewals containing the renewal date, the price, the cancellation method, and a one-click cancel link.

5.6 Germany BGB §309 Nr. 9

For consumers in Germany, after the first contractual year of a longer-term subscription you may terminate with one month's notice to the end of any month, in line with §309 Nr. 9 BGB.

5.7 Price changes

We may change prices for renewing subscriptions. Where required by law, we will give you at least 30 days' notice by email before any price change takes effect, and the new price applies only from your next renewal. You can cancel at any time before the change takes effect.

6. AI content disclaimer

Lexborn uses third-party large-language-model and speech systems to power its AI personas. The Service is intended for informal language practice and is not a substitute for professional language tuition, accredited testing, certified translation, legal advice, medical advice, financial advice, or any other professional service. AI personas can produce inaccurate, culturally imperfect, biased, offensive, or unsafe content. You should not act, refrain from acting, or make any decision in reliance on AI-generated output without independent verification. Where the AI declines or filters a request, that is by design.

You are talking to an AI; we surface this in-product. Do not share information you would not be comfortable sharing with a third-party AI vendor.

7. Intellectual property

7.1 Our IP

The Service, including the Lexborn name and brand, the personas, the curriculum scaffolding, the spaced-repetition logic, the user-interface designs, and all software and content created by us (other than user content), is owned by Bapusaheb Patil trading as Nuits and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial language-learning purposes, subject to these Terms.

7.2 Your content

You retain all rights you have in the audio, text, and other content you submit to the Service ("User Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, transcribe, and process your User Content solely to provide the Service to you (e.g. to run the conversation, generate flashcards, and surface session reviews). This licence ends when you delete the relevant User Content or your account, subject to reasonable backup-retention windows and any legal-retention obligations.

7.3 No third-party AI training on User Content

We do not use your User Content to train any third-party AI model. Our agreements with our model providers (including OpenAI under its API terms) prohibit them from using API-submitted data to train their models.

7.4 Feedback

If you send us feedback, suggestions, or feature requests, we may use them without obligation or compensation.

8. Service availability

The Service is provided on an "as is" and "as available" basis. We aim for high availability but do not guarantee uninterrupted, error-free, or secure access; planned maintenance, third-party outages (including outages at OpenAI, Convex, Clerk, Polar.sh, or Vercel), force majeure events, and necessary security responses may interrupt the Service from time to time. Where possible, we will post status updates and pro-rate paid time materially lost to extended outages.

9. Termination

You may stop using the Service and delete your account at any time from Settings → Account. We may suspend or terminate your access if (i) you materially breach these Terms or the AUP, (ii) we are required to do so by law, (iii) prolonged inactivity (12 months on a free account with no purchases), or (iv) we discontinue the Service, in which case we will give reasonable notice and pro-rate any unused paid period. Sections that by their nature should survive termination (IP, disclaimers, liability, indemnity, governing law, and miscellaneous) survive.

10. Disclaimers and limitation of liability

To the fullest extent permitted by applicable law, Lexborn disclaims all warranties not expressly given in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mandatory consumer-protection rights under Finnish and EU law (including the Finnish Consumer Protection Act, Kuluttajansuojalaki 38/1978, and the CRD) are not affected by this section.

To the fullest extent permitted by applicable law, our total cumulative liability arising out of or relating to these Terms or the Service, regardless of the form of action, is limited to the greater of (a) the fees you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred euros (€100). We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or learning progress, even if advised of the possibility.

Nothing in these Terms limits or excludes liability for: (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, (iii) gross negligence or wilful misconduct, or (iv) any other liability that cannot lawfully be limited or excluded.

11. Indemnity

You agree to indemnify and hold harmless Lexborn (and its founder Bapusaheb Patil) from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (i) your breach of these Terms or the AUP, (ii) your User Content, (iii) your violation of any law or third-party right, or (iv) your fraudulent or wilfully unlawful use of the Service. We may participate in the defence of any such claim with counsel of our choice at our expense.

12. Governing law and dispute resolution

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the laws of Finland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The courts of Helsinki, Finland (Helsingin käräjäoikeus) have exclusive jurisdiction, save that consumers domiciled in another EU/EEA Member State retain the protective jurisdiction rights conferred by Regulation (EU) No 1215/2012 ("Brussels I bis") and may bring proceedings in the courts of their place of domicile.

EU consumers may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. We are not, however, obliged to participate in dispute-resolution proceedings before a consumer-arbitration body within the meaning of §36 of the Finnish Act on Out-of-Court Resolution of Consumer Disputes.

Finnish consumers may also contact the Consumer Advisory Service (Kuluttajaneuvonta) and refer disputes to the Consumer Disputes Board (Kuluttajariitalautakunta, https://www.kuluttajariita.fi).

13. Changes to these Terms

We may amend these Terms from time to time. For material changes we will give you at least 30 days' notice by in-app banner and email before they take effect. If you do not accept the change, you may terminate your subscription before the new Terms take effect; continued use after the effective date constitutes acceptance.

14. Miscellaneous

These Terms, together with the Privacy Policy, the Cookie Policy, the Acceptable Use Policy, the Refund Policy, and any plan-specific terms shown at checkout, form the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganisation, merger, or sale of substantially all the assets of the business, on notice to you. Notices to you are by email to your account address; notices to us are to hi@lexborn.app.

15. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, acts of war, civil unrest, government action, network or power outages, or third-party-vendor outages. The affected party must notify the other promptly and resume performance as soon as reasonably possible.

16. Contact

General support, contractual notices, privacy, and data-subject rights: hi@lexborn.app
Legal-entity details: /imprint