Legal

Terms of Use

Last updated: June 2026

These Terms of Use ("Terms") govern your use of the Cucaracha mobile app and the cucaracha.app website (together, the "Service"), provided by Deniz Can, Gotenstraße 52, 10829 Berlin, Germany ("we", "us"). By creating an account or using the Service, you agree to these Terms.

1. The Service

Cucaracha is a spaced-repetition flashcard app. It lets you create and study flashcards, generate and edit cards with AI, and ask an AI tutor questions about your cards. Some features require a paid subscription ("Cucaracha Pro").

2. Eligibility

You must be at least 16 years old to use the Service, or older if required in your country. If you are under the age of digital consent in your country, you may only use the Service with the consent of a parent or guardian.

3. Your Account

You sign in using Apple or Google. You are responsible for activity under your account. You may delete your account at any time from within the app, which deletes your associated data.

4. Subscriptions and Payment

Cucaracha Pro is sold through the Apple App Store. Apple is the seller (Merchant of Record). This means:

• Your payment contract for the subscription is concluded with Apple, not with us. Apple processes your payment; we never receive your payment details.
• Subscriptions are auto-renewing. They renew unless cancelled at least 24 hours before the end of the current period. You manage and cancel your subscription in your Apple account settings.
• Billing questions, refunds, and cancellations are handled by Apple in accordance with Apple's terms.
• Current prices are shown in the app before you purchase.

Right of withdrawal (EU consumers): Digital content and services are made available to you immediately on purchase. By purchasing, you request immediate provision and acknowledge that your statutory 14-day right of withdrawal for digital content lapses once provision begins, to the extent permitted by law. Refunds for App Store purchases are handled by Apple.

5. Acceptable Use

You agree not to: use the Service unlawfully; upload content that infringes others' rights or is illegal; attempt to disrupt, reverse-engineer, or gain unauthorised access to the Service; abuse the AI features (e.g. to generate prohibited content); or resell or redistribute the Service without permission.

6. AI Features

Card generation, card editing, and the AI tutor use third-party AI models. AI output can be inaccurate, incomplete, or misleading. It is not professional advice (including, without limitation, medical, legal, financial, or certified language instruction). You are responsible for reviewing AI-generated content before relying on it. Content you enter into prompts and cards is processed by our AI provider as described in our Privacy Policy.

7. Your Content

You retain ownership of the decks, cards, and other content you create ("Your Content"). You grant us a limited licence to host, store, process, and display Your Content solely to operate and provide the Service to you, including processing it through the third-party providers described in our Privacy Policy. You are responsible for Your Content and confirm you have the rights to use it.

8. Our Intellectual Property

The Service, including its software, design, branding, and the name "Cucaracha", is owned by us and protected by law. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own use, subject to these Terms and to Apple's standard licensing terms (see Section 13).

9. Suspension and Termination

We may suspend or terminate your access if you materially breach these Terms, where required by law, or to protect the Service or other users. You may stop using the Service and delete your account at any time. Provisions that by their nature should survive termination (e.g. intellectual property, liability, governing law) will survive.

10. Disclaimers

The Service is provided "as is" to the extent permitted by law. We do not warrant that it will be uninterrupted, error-free, or that AI output will be accurate. This does not affect any mandatory statutory rights you have as a consumer.

11. Limitation of Liability

We are liable without limitation for damages arising from injury to life, body, or health caused by us, and for damages caused by intent or gross negligence, as well as under the German Product Liability Act (Produkthaftungsgesetz) and to the extent we have given a guarantee. For slight negligence, we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible and on which you may regularly rely), and in that case our liability is limited to foreseeable damage typical for this type of contract. Any further liability is excluded. This Section does not limit any mandatory statutory consumer rights.

12. Changes to These Terms

We may update these Terms. If changes are material, we will give you reasonable notice (e.g. in the app or by email). Continued use after changes take effect constitutes acceptance, to the extent permitted by law.

13. Apple App Store Terms

For the iOS app, the following apply in addition to these Terms:

• Your licence to use the app is the Apple "Licensed Application End User License Agreement" (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), as supplemented by these Terms. Where these Terms conflict with that EULA, that EULA governs the licence scope.
• These Terms are between you and us only, not with Apple. Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• To the extent permitted by law, Apple has no warranty obligation; any claims regarding the app are between you and us.
• Apple is not responsible for addressing product claims, including product liability, regulatory, or consumer-protection claims relating to the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence.

15. Contact

Deniz Can, Gotenstraße 52, 10829 Berlin, Germany. Email: [email protected].