Terms of Service

Effective date: June 21, 2026

Welcome to Diego. Diego (operated at hablacondiego.com) is a trade name (“doing business as” / DBA) wholly owned and operated by Salty Apparel LLC (“Diego”, “we”, “our”, or “us”). By accessing or using our service you agree to be bound by these Terms of Service (“Terms”). Please read them carefully. If you do not agree, do not use the service.

1. The Service

Diego is an AI-powered voice conversation tutor for Spanish: you have a live, spoken conversation with an on-screen tutor that listens, replies out loud, and corrects gently. We provide software-as-a-service (“SaaS”) accessible via our website and related applications (collectively, the “Service”).

2. Eligibility

You must be old enough to consent to the processing of your personal data where you live to use the Service — at least 13, or 16 in the parts of the EEA that apply the higher age. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms. By creating an account you represent that all information you provide is accurate and that you have the authority to enter into these Terms.

3. Account Registration

You must create an account to access most features. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorised use. We may require an invitation code during sign-up; sharing or selling invitation codes is prohibited.

4. Subscription, Credits & Cancellation

The Service operates on a credit (minutes of practice) model. Credits are allocated on paid subscription plans, billed in advance on a recurring basis (monthly or annually, as you choose) and renewing automatically until cancelled, or purchased as one-time packs. Monthly subscription credits reset with each billing period and do not roll over; one-time pack credits do not expire. Fees are stated and charged in U.S. dollars (USD); your bank or card issuer may apply currency conversion or other charges. Applicable taxes (such as EU/UK VAT) are added where required.

You can cancel at any time from your account or by contacting us; cancellation stops future renewals and takes effect at the end of the current billing period, and you keep access to your remaining credits until then. Except where applicable law (including EU/UK consumer law) or an express refund policy requires otherwise, fees already paid are non-refundable and we do not provide partial-period refunds.

Plans described as “unlimited” are intended for normal personal learning use. We may apply reasonable usage limits to any account whose usage materially and consistently exceeds the typical usage of an average user on the same plan, or that reflects automated, shared, resold, or otherwise abusive use. Where practical we will contact you before applying such limits, except where we reasonably believe the activity is abusive or harmful to the Service or other users.

We use Stripe to process payments. By making a purchase, you also agree to Stripe's Terms of Service.

5. Right of Withdrawal (EEA & UK Consumers)

If you are a consumer in the EEA or the UK, you normally have the right to withdraw from a purchase within 14 days without giving a reason. Because the Service is digital content and online services supplied immediately, you expressly request that we begin providing it as soon as you subscribe and you acknowledge that you lose the 14-day right of withdrawal once the service has been fully performed, or, for digital content, once supply has begun with your consent. Where the withdrawal right still applies, contact us at [email protected] and we will refund any amount owed without undue delay. This section does not affect any stronger mandatory consumer rights you have under your local law.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any law.
• Attempt to reverse-engineer, decompile, or extract our AI models, prompts, or proprietary technology.
• Circumvent rate limits, cost caps, or any other technical restrictions.
• Share your account credentials or allow others to use your account.
• Generate, transmit, or store content that is harmful, offensive, or violates third-party rights.
• Scrape, crawl, or systematically download content from the Service.
• Use automated means to interact with the Service except via our official API, if any.

7. Intellectual Property

The Service, including all software, designs, voice models, and underlying AI systems, is owned by Salty Apparel LLC (operating as Diego) or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the Service.

Conversation content you create during sessions is yours. By using the Service you grant us a limited, non-exclusive licence to process and store that content solely to provide and improve the Service.

8. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.

9. Third-Party Services

The Service integrates third-party providers including Anthropic (AI), Deepgram (speech recognition), Cartesia (text-to-speech), Supabase (authentication and database), and Stripe (payments). Your use of these components is also subject to their respective terms and privacy policies. The sub-processors we use are listed in our Privacy Policy.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

Language learning outcomes depend on individual effort and practice. We make no guarantee of any particular level of language proficiency.

Nothing in this section removes or limits any non-excludable rights or statutory guarantees you have as a consumer under the mandatory law of your country of residence (including EU/UK consumer-protection law).

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIEGO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) US$50.

Some jurisdictions do not allow the exclusion or limitation of certain damages or of liability for death, personal injury caused by negligence, fraud, or other liability that cannot be excluded by law. Nothing in these Terms limits such liability. If you are a consumer in the EEA or the UK, these limitations apply only to the extent permitted by the mandatory law that protects you, and we remain liable for foreseeable loss caused by our breach.

12. Indemnification

You agree to defend, indemnify, and hold harmless Diego and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.

13. Termination

We may suspend or terminate your account if you materially or repeatedly breach these Terms, or where we are required to by law. Other than for cause, we will give you reasonable notice where practical. Upon termination, your right to use the Service ceases. Where we terminate a paid plan other than for your breach, we will refund the unused, pre-paid portion of your current billing period, and unused credits from one-time packs on a pro-rata basis. Refunds otherwise follow Section 4 and your mandatory consumer rights.

You may cancel your subscription or close your account at any time from your account or by contacting us at [email protected].

14. Changes to the Terms

We may update these Terms from time to time. When we do, we will post the revised Terms here with a new effective date and, where the changes are material, notify you by email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles, and any dispute will be resolved by the state and federal courts located in Delaware, USA.

Consumers everywhere keep their home protections. If you use the Service as a consumer, this governing-law and venue choice does not deprive you of the protection of the mandatory consumer-protection rules of your country of habitual residence, and it does not override your right to bring proceedings in, or rely on the mandatory law of, your home jurisdiction. In particular, consumers in the EEA and the UK may bring claims in their local courts and benefit from their local mandatory law. EU consumers may also use the European Commission's Online Dispute Resolution platform, though we prefer to resolve concerns directly at [email protected].

16. Severability & Waiver

If any provision of these Terms is found invalid or unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to enforce it in the future.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Diego with respect to the Service and supersede all prior agreements.

Contact

If you have any questions about these Terms, please contact us at [email protected].