TERMS OF SERVICE
Dona - Oral Language Practice Community
Effective Date: May 25, 2026
Contact: service@dona.ink
These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Dona ("we," "us," or "our") governing your access to and use of the Dona mobile application and all related services, features, content, and tools (collectively, the "Service"). By downloading, installing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICE AND DELETE THE APPLICATION FROM YOUR DEVICE.
1. Acceptance of Terms and Eligibility
1.1 Legal Capacity. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement under the laws of your jurisdiction, and that you are not prohibited from using the Service under any applicable law.
1.2 Age Requirement. The Service is intended exclusively for users who are eighteen (18) years of age or older. By accessing the Service, you confirm that you meet this minimum age requirement. We reserve the right to request proof of age at any time. If we have reason to believe that a user is under the age of 18, we will immediately suspend or terminate that user's account and delete all associated data.
1.3 Geographic Availability. The Service is made available to users worldwide, subject to applicable local laws and regulations. You are solely responsible for ensuring that your use of the Service complies with all laws applicable in your jurisdiction. We reserve the right to restrict access to the Service in certain geographic regions at our sole discretion.
1.4 Business Use. These Terms apply to both personal and business use of the Service. If you are using the Service on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.
1.5 Updates to Terms. We reserve the right to modify these Terms at any time. When changes are material, we will provide advance notice through in-app notifications, email, or prominent postings within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
2. Account Registration and Security
2.1 Account Creation. To access the full features of the Service, you must create a Dona account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date. Providing false or misleading information constitutes a violation of these Terms and may result in immediate account termination.
2.2 Account Credentials. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account credentials with any third party or allow any third party to access the Service through your account. You are responsible for all activities that occur under your account.
2.3 Unauthorized Access. You must notify us immediately at service@dona.ink if you become aware of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to comply with this obligation.
2.4 One Account per User. Each user may maintain only one active Dona account unless explicitly authorized by us. Creating multiple accounts to circumvent bans, manipulate community features, or abuse the token system is strictly prohibited and may result in the permanent termination of all associated accounts.
2.5 Account Transfer. Your account is personal to you and may not be transferred, sold, or assigned to any other person or entity. Any such attempted transfer is void and constitutes a material breach of these Terms.
3. Description of Services
3.1 Core Features. Dona is an oral language practice community offering the following core features: (a) Daily Scene Check-In: a daily prompt-based speaking exercise where users record themselves responding to a randomly generated real-life scenario in their target language; (b) Community Feed: a social sharing space where users post audio recordings of their speaking practice for others to listen to and engage with; (c) AI Coaching: a token-powered feature through which users receive personalized feedback on pronunciation, fluency, vocabulary, and expression from an AI-driven language coach; (d) Progress Tracking: an automatic record of your check-in history, streaks, and archived recordings to help visualize language learning progress over time.
3.2 Service Availability. We strive to maintain consistent availability of the Service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to scheduled maintenance, unplanned outages, technical failures, or other circumstances beyond our control. We will endeavor to notify users of planned downtime in advance.
3.3 Service Modifications. We reserve the right to modify, update, expand, or discontinue any feature of the Service at any time, with or without notice, in our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any feature.
3.4 Beta Features. We may offer features or functionalities that are designated as "beta," "preview," or "experimental." These features are provided as-is and may be subject to additional terms. We do not guarantee their performance, availability, or continued existence.
4. Minor Protection and Child Safety
4.1 Minimum Age Requirement. Dona is strictly intended for users aged 18 and above. We do not knowingly permit users under the age of 18 to create accounts or access the Service. Users who misrepresent their age to gain access are in direct violation of these Terms and may have their accounts permanently terminated.
4.2 Age Verification Measures. We implement age verification mechanisms at the point of registration. These may include age confirmation attestations and, in certain jurisdictions, additional verification steps required by applicable law. We reserve the right to implement additional age verification procedures at any time.
4.3 Discovery of Minor Users. If we discover or have reasonable grounds to believe that a user is under the age of 18, we will: (a) immediately suspend or terminate the account without prior notice; (b) delete all personal data associated with the account in compliance with applicable child data protection laws, including COPPA; (c) notify the appropriate regulatory authorities if required by law; and (d) take any additional steps necessary to protect minors from exposure to the Service.
4.4 Parental Notification. If you are a parent or legal guardian and believe that your child under the age of 18 has created an account or submitted personal information to the Service, please contact us immediately at service@dona.ink. We will investigate the matter and take prompt corrective action.
4.5 Child Sexual Abuse and Exploitation (CSAE) Policy. Dona maintains an absolute zero-tolerance policy with respect to any content, behavior, or activity that constitutes or facilitates Child Sexual Abuse and Exploitation (CSAE). The following policies apply without exception:
• Prohibition: Any content - including but not limited to audio recordings, text, links, metadata, or any other form - that constitutes, depicts, promotes, facilitates, solicits, or glorifies the sexual abuse or exploitation of minors is strictly and absolutely prohibited on the Dona platform. This prohibition applies regardless of the claimed purpose, context, or framing of the content.
• Grooming and Solicitation: Any behavior that constitutes grooming, solicitation, manipulation, or any other form of contact designed to exploit minors is expressly forbidden. This includes the use of the platform to establish inappropriate relationships with individuals who may be minors.
• Immediate Detection and Removal: We employ automated scanning tools and human moderation to identify and remove CSAE content. These systems are continuously updated to address new threats and evasion techniques. Content identified as CSAE will be removed immediately upon detection.
• Permanent Account Termination: Any account found to have uploaded, shared, solicited, or facilitated CSAE content will be immediately and permanently terminated. There is no appeals process for CSAE violations. Termination is final and irrevocable.
• Law Enforcement Reporting: We are legally obligated to, and will, report all identified instances of Child Sexual Abuse Material (CSAM) to the National Center for Missing and Exploited Children (NCMEC) CyberTipline and to relevant law enforcement authorities in applicable jurisdictions. We cooperate fully with law enforcement investigations and legal proceedings related to CSAE.
• No Safe Harbor: No claimed justification - including artistic, educational, research, or professional claims - will provide any protection from immediate termination and law enforcement referral for CSAE violations.
4.6 Compliance with Child Protection Laws. We comply with the Children's Online Privacy Protection Act (COPPA) in the United States, the UK Age Appropriate Design Code, the EU General Data Protection Regulation (GDPR) as it relates to children's data, and all other applicable child protection legislation. We will update our practices as these laws evolve.
5. User-Generated Content (UGC) Standards and Policy
5.1 Definition of UGC. "User-Generated Content" or "UGC" refers to any content that you create, upload, record, submit, transmit, or otherwise make available through the Service, including without limitation: audio recordings submitted as daily check-ins, audio posts shared to the community feed, text captions, descriptions, comments, reactions, profile information, and any other material you contribute to the Service.
5.2 Content Ownership and License Grant. You retain all intellectual property rights in the original UGC that you create and upload to the Service. By submitting UGC, you grant Dona a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, distribute, and make available your content solely for the purpose of operating, maintaining, improving, and promoting the Service. This license terminates when you delete the relevant content from the Service or close your account, subject to any legal retention requirements or content already shared within the community feed.
5.3 Content Standards and Prohibited Content. You are solely responsible for all UGC you submit to the Service. You agree that your UGC will not:
• Contain or promote hate speech, harassment, threats, intimidation, or discriminatory content based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic;
• Include, depict, or facilitate sexual content involving minors, or any content that constitutes CSAE (see Clause 4.5 for full CSAE policy);
• Promote, glorify, or facilitate violence, self-harm, eating disorders, terrorism, or any other illegal or dangerous activity;
• Infringe on any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets;
• Contain personal information of third parties without their explicit consent, including real names, addresses, phone numbers, or financial details;
• Be deceptive, misleading, fraudulent, or constitute spam, phishing, or unauthorized advertising;
• Contain malicious software, code, or links designed to damage, disrupt, or gain unauthorized access to any system;
• Violate any applicable local, national, or international law or regulation.
5.4 Content Moderation. We reserve the right, but are not obligated, to review, screen, edit, refuse, or remove any UGC at any time and for any reason, without prior notice and without liability to you. Our moderation system combines automated filtering and human review to enforce our content standards.
5.5 User Reporting. All registered users may report UGC that they believe violates these Terms using the in-app reporting function available on each post. Reports are triaged and reviewed by our moderation team. We will take appropriate action, which may include removal of the content, warning the submitting user, or account termination.
5.6 Content Responsibility and Indemnification. You acknowledge that Dona acts as a passive conduit and is not responsible for the accuracy, completeness, safety, or legality of any UGC submitted by you or any other user. You agree to indemnify and hold Dona harmless from any claims, damages, or liabilities arising out of your UGC or your violation of these content standards.
5.7 Public Nature of Community Content. When you share audio recordings or other content to the Dona community feed, that content is made available to all registered users of the Service globally. You understand and accept this public nature and are advised to exercise caution and discretion in the content you choose to share. Dona is not responsible for how other users interact with or respond to your public content.
6. Virtual Token System and In-App Purchases
6.1 Token System Overview. Dona operates a virtual token economy ("Tokens" or "Dona Coins") that enables users to access certain premium features within the Service, most notably AI coaching sessions. Tokens have no monetary value outside the Service and cannot be exchanged for cash or any real-world currency.
6.2 Earning Tokens. Users may earn Tokens through in-app activities, including but not limited to: completing daily check-in exercises, achieving streak milestones, participating in community engagement activities, or through promotional events conducted by Dona. The specific earning rates and qualifying activities are subject to change at our discretion without prior notice.
6.3 Purchasing Tokens. Additional Tokens may be purchased through in-app purchase mechanisms provided by Apple Inc. ("App Store") or Google LLC ("Google Play"). All Token purchases are final and processed by the respective platform operator. Dona does not directly collect, process, or store any payment card information. By purchasing Tokens, you agree to the pricing, payment, and billing terms presented at the time of purchase, as well as the applicable platform operator's terms and conditions.
6.4 Token Usage. Tokens may be spent to unlock specific features including AI coaching sessions as made available within the Service. The Token cost of each feature is disclosed within the app prior to the transaction. Dona reserves the right to modify the Token costs of features at any time, with reasonable advance notice where practicable.
6.5 Token Validity and Expiration. Purchased and earned Tokens are stored in your account and are subject to the validity and expiration terms published within the Service. Tokens may expire if your account is inactive for an extended period as specified in the app. Dona reserves the right to modify Token expiration policies with prior notice.
6.6 Non-Transferability. Tokens are non-transferable and may not be gifted, sold, traded, or otherwise transferred between user accounts. Any attempt to transfer Tokens through unauthorized means (including third-party marketplaces) constitutes a violation of these Terms and may result in forfeiture of Tokens and account termination.
6.7 Refund Policy. All Token purchases made through the App Store or Google Play are governed by the refund policies of the respective platform operators. Dona does not independently process refunds for in-app purchases. To request a refund: (a) For App Store purchases: contact Apple Support or visit reportaproblem.apple.com; (b) For Google Play purchases: contact Google Play Support through the Play Store app or the Google Play Help Center. Tokens that have already been spent on AI coaching sessions or other features prior to a refund request are not eligible for restoration.
6.8 Disputed Charges. If you believe an unauthorized charge has been made to your account, you should contact your payment method provider or the applicable platform operator (Apple or Google) directly. You may also notify us at service@dona.ink so that we can investigate any potential unauthorized activity on your account.
6.9 Token Forfeiture upon Termination. In the event that your account is terminated for violation of these Terms, any remaining Token balance will be forfeited without refund or compensation. Dona shall not be liable to you for any lost Token balance in connection with a termination for cause.
6.10 Modification of Token System. Dona reserves the right to modify, suspend, or discontinue the Token system or any related features at any time. In the event of a material change that affects previously purchased Tokens, we will provide reasonable advance notice and take commercially reasonable steps to minimize adverse impact on users.
7. AI Coaching Feature - Terms of Use
7.1 Nature of the AI Coaching Feature. Dona's AI coaching feature provides automated, algorithmic feedback on user audio recordings, covering aspects such as pronunciation accuracy, speaking fluency, vocabulary selection, and expressive clarity. This feature is designed as an educational supplement and does not constitute professional language instruction, certified tutoring, or any form of accredited language assessment.
7.2 Token Expenditure for AI Coaching. Each AI coaching session requires the expenditure of a specified number of Tokens as displayed in the app prior to initiating the session. By initiating an AI coaching session, you authorize the deduction of the stated Token amount from your account balance. This deduction is final and non-reversible.
7.3 Accuracy and Limitations. AI-generated coaching feedback is based on computational analysis and may not always be accurate, complete, or applicable to your specific learning context. We do not guarantee the accuracy, quality, or suitability of AI coaching feedback for any particular educational purpose. Users should exercise independent judgment and are encouraged to seek human instruction to supplement AI feedback.
7.4 Data Processing for AI Coaching. By using the AI coaching feature, you consent to the transmission and processing of your audio recording and associated metadata through our AI systems and, where applicable, third-party machine learning services, as described in our Privacy Policy.
8. Daily Check-In Feature
8.1 Feature Description. The daily check-in feature generates a randomized real-world speaking scenario each day and invites users to record a spoken response in their target language. Completion of the daily check-in is recorded in the user's progress history and may contribute to streak tracking and Token earning.
8.2 Scenario Content. Daily scenarios are algorithmically generated and may cover a broad range of everyday topics. Dona endeavors to ensure that scenarios are culturally sensitive and appropriate for a global adult audience. Users who encounter scenarios they find inappropriate or offensive may use the in-app feedback function to report the issue.
8.3 Recording Storage. Audio recordings submitted through the daily check-in feature are stored on our servers and linked to your account as part of your personal progress history. Recordings are subject to the content standards outlined in Clause 5 and may be reviewed by our moderation team.
8.4 Streak and Progress Records. Dona tracks the continuity of your daily check-ins to provide streak statistics and progress visualizations. These records are for motivational and informational purposes only. Dona does not guarantee the uninterrupted availability of the daily check-in feature and shall not be liable for any loss of streak records arising from technical interruptions.
9. Community Features and Social Conduct
9.1 Community Standards. Dona is a global language learning community. We expect all users to engage with one another in a respectful, constructive, and encouraging manner. Users are prohibited from engaging in any behavior that harasses, intimidates, demeans, or harms other users.
9.2 Prohibited Social Conduct. You agree not to engage in the following conduct on the Dona platform:
• Posting defamatory, abusive, or threatening content directed at any individual or group;
• Engaging in or facilitating coordinated harassment, bullying, or "pile-on" behavior;
• Impersonating any person, including other users, public figures, or Dona employees;
• Spreading misinformation, disinformation, or content designed to deceive other users;
• Soliciting other users for commercial purposes, monetary payments, or personal relationships outside the platform without authorization;
• Interfering with the normal functioning of the Service through any technical means, including bots, scrapers, or automated scripts.
9.3 Consequences of Misconduct. Violations of community standards may result in content removal, temporary account suspension, or permanent account termination, at our sole discretion. Repeat or severe violations will be treated with escalated consequences.
9.4 User Interactions. Dona is not responsible for user-to-user interactions that occur within or outside the platform. We encourage users to report any interactions they find harmful using our in-app reporting tools.
10. Intellectual Property Rights
10.1 Dona's Intellectual Property. The Service, including all software, algorithms, designs, interfaces, brand assets, trademarks, logos, and proprietary content developed by Dona, is owned by or licensed to Dona and is protected by applicable intellectual property laws worldwide. Nothing in these Terms grants you any rights in Dona's intellectual property except as expressly set forth herein.
10.2 License to Use the Service. Subject to your compliance with these Terms, Dona grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial language learning purposes. This license does not include the right to: sublicense, sell, or otherwise transfer the Service to any third party; modify, adapt, or create derivative works based on the Service; reverse engineer, decompile, or disassemble any part of the Service; or use the Service for any commercial purpose without our prior written consent.
10.3 Feedback and Suggestions. If you provide Dona with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant Dona a worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, modify, and commercialize such Feedback without any obligation of compensation or attribution to you.
10.4 Third-Party Content. The Service may contain content or links provided by third parties. Dona does not own or control such third-party content and makes no representations about its accuracy or suitability. Access to third-party content is at your own risk.
10.5 Copyright Infringement Claims. If you believe that your copyrighted work has been used on the Dona platform in a manner that constitutes copyright infringement, please contact us at service@dona.ink with: (a) a description of the copyrighted work; (b) the location of the allegedly infringing content; (c) your contact information; and (d) a statement of good faith belief and accuracy. We will investigate valid claims and take appropriate action.
11. Privacy and Data Protection
11.1 Privacy Policy. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, share, and protect your personal information. By agreeing to these Terms, you also consent to our data practices as described in the Privacy Policy.
11.2 Microphone Permission. Dona requires access to your device's microphone to enable audio recording for daily check-ins, community posts, and AI coaching sessions. You may grant or revoke microphone access at any time through your device settings. Revoking microphone access will prevent you from using core features of the Service.
11.3 Data You Provide. You acknowledge that any information you provide to Dona, including profile information, audio recordings, and text content, may be processed and used in accordance with our Privacy Policy. Please do not submit personal data belonging to third parties without their consent.
11.4 Data Security. We implement industry-standard security measures to protect your data. However, no internet-based service can guarantee absolute security, and you use the Service at your own risk with respect to data security.
12. Prohibited Activities
12.1 General Prohibitions. You agree that you will not, directly or indirectly, engage in any of the following activities in connection with your use of the Service:
• Uploading, transmitting, or sharing content that is illegal, harmful, offensive, or in violation of these Terms or applicable law;
• Attempting to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service;
• Using any automated means, including bots, scrapers, crawlers, or scripts, to access, collect data from, or interact with the Service without express prior written permission;
• Interfering with, disrupting, or creating an undue burden on the infrastructure of the Service or networks connected to the Service;
• Circumventing, disabling, or otherwise interfering with security-related features of the Service, including features that enforce usage limitations or prevent unauthorized copying of content;
• Engaging in any form of cheating, exploitation, or manipulation of the Token earning system or streak tracking mechanism;
• Creating fake accounts, purchasing or selling account credentials, or using someone else's account;
• Reproducing, distributing, publicly displaying, or creating derivative works from any portion of the Service without express prior written authorization from Dona;
• Using the Service in any manner that could damage, disable, overburden, or impair the Service or servers or networks connected to the Service.
12.2 Consequences. Any violation of the prohibitions in this Clause may result in immediate termination of your account, forfeiture of your Token balance, legal action, and reporting to appropriate law enforcement or regulatory authorities.
13. Account Suspension and Termination
13.1 Termination by User. You may close your Dona account at any time through the in-app account settings. Upon closure, your account will be deactivated, your profile will be removed from public view, and your personal data will be handled in accordance with our Privacy Policy. Any remaining Token balance will be forfeited upon voluntary account closure.
13.2 Suspension and Termination by Dona. We reserve the right to suspend or permanently terminate your account, with or without prior notice, if we determine that you have: (a) violated any provision of these Terms; (b) engaged in conduct that endangers other users, third parties, or the integrity of the Service; (c) engaged in fraudulent activity; (d) uploaded CSAE content or committed other serious violations of applicable law; or (e) created a risk or potential legal liability for Dona.
13.3 Effect of Termination. Upon termination of your account for any reason: (a) your license to use the Service immediately terminates; (b) you must cease all use of the Service; (c) any remaining Token balance will be forfeited; (d) we may delete your account data in accordance with our Privacy Policy and applicable law. Termination does not relieve you of obligations incurred prior to termination.
13.4 Survival. Sections of these Terms that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) shall survive termination.
14. Third-Party Services and Links
14.1 Third-Party Integrations. The Service may integrate with or provide access to third-party services, platforms, and content (e.g., Apple Sign-In, Google Sign-In, payment processors, AI providers). These third-party services are governed by their own terms of service and privacy policies. Dona is not responsible for the practices of any third-party service.
14.2 Third-Party Links. The Service may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse, control, or guarantee the accuracy, relevance, or completeness of any third-party content. Accessing third-party resources is at your own risk.
14.3 App Store and Google Play. Your download and use of the Dona application from the Apple App Store or Google Play is subject to the respective platform's terms and conditions. To the extent there is a conflict between these Terms and the App Store or Google Play terms, the App Store or Google Play terms will govern solely with respect to your relationship with Apple or Google.
15. Disclaimer of Warranties
15.1 As-Is Basis. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DONA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
15.2 No Guarantee of Results. We do not warrant or guarantee that: (a) the Service will meet your specific language learning needs or goals; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be accurate, reliable, or complete; (d) AI coaching feedback will result in measurable improvement in your language proficiency.
15.3 User Content. We do not warrant the accuracy, completeness, reliability, or appropriateness of any UGC submitted by users. You rely on UGC at your own risk.
15.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions shall apply to the maximum extent permitted by applicable law.
16. Limitation of Liability
16.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DONA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
16.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DONA TO YOU FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT YOU HAVE PAID TO DONA FOR IN-APP PURCHASES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED US DOLLARS (USD $100.00).
16.3 Essential Basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS CLAUSE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT DONA WOULD NOT ENTER INTO THESE TERMS WITHOUT SUCH LIMITATIONS. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16.4 Jurisdictional Limitations. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, the limitations above shall apply to the maximum extent permitted by law.
17. Indemnification
17.1 User Indemnification. You agree to defend, indemnify, and hold harmless Dona, its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
• Your use of, or inability to use, the Service;
• Any UGC you submit, post, or transmit through the Service;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party rights;
• Any misrepresentation you make in connection with the Service, including misrepresentation of your age or identity.
17.2 Cooperation. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Governing Law and Dispute Resolution
18.1 Governing Law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with applicable law, taking into account the jurisdiction of the user where required by law. Nothing in these Terms shall deprive consumers of any mandatory legal protections available to them under the laws of their home jurisdiction.
18.2 Informal Resolution. Before initiating any formal legal proceedings, you agree to first contact us at service@dona.ink to attempt to resolve the dispute informally. We will use commercially reasonable efforts to resolve disputes amicably within thirty (30) days of receiving written notice of the dispute. This informal resolution requirement does not apply to claims for injunctive relief or enforcement of intellectual property rights.
18.3 Arbitration Agreement. If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service (other than claims for injunctive relief) shall be resolved by binding individual arbitration. Class action arbitration and class action lawsuits are waived to the fullest extent permitted by applicable law. The arbitration shall be conducted in English. This arbitration agreement does not apply to users who are residents of jurisdictions where mandatory consumer protection laws prohibit such agreements.
18.4 Opt-Out Right. You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to service@dona.ink stating your name, account information, and your wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
18.5 Consumer Rights Preservation. Nothing in this Clause shall limit any rights you may have as a consumer under the mandatory laws of your jurisdiction, including the right to bring claims in local courts of competent jurisdiction. Users in the European Economic Area, United Kingdom, and other jurisdictions with mandatory consumer protection legislation retain all rights afforded to them under applicable law.
18.6 Limitation Period. Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year of the event giving rise to the claim, to the extent permitted by applicable law.
19. Accessibility and Service Support
19.1 Accessibility Commitment. We are committed to making the Dona Service as accessible as possible to users across the globe, including users with disabilities. We welcome feedback on accessibility barriers and will work to address them on a reasonable efforts basis.
19.2 Technical Support. We provide user support through our in-app Help & Support function and via email at service@dona.ink. We will make commercially reasonable efforts to respond to support inquiries within five (5) business days. We do not guarantee resolution of all technical issues within any specific timeframe.
19.3 System Requirements. The Service requires a compatible mobile device, internet connectivity, and a functioning microphone. Dona does not guarantee compatibility with all device models or operating system versions. Users are responsible for ensuring that their devices meet the minimum technical requirements as published in the respective app store listing.
20. Force Majeure
20.1 Definition. A "Force Majeure Event" means any event beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, labor disputes, power outages, failure of the internet or telecommunications infrastructure, cyberattacks, or denial-of-service attacks.
20.2 Effect. Dona shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by a Force Majeure Event. We will use commercially reasonable efforts to resume normal operations as soon as practicable.
21. Modifications to the Service and Terms
21.1 Modifications to the Service. Dona reserves the right to modify, update, suspend, or discontinue any aspect of the Service at any time, including features, pricing, Token earning rates, and AI coaching availability, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
21.2 Modifications to These Terms. We may revise these Terms at any time. When revisions are material, we will provide at least fourteen (14) days' advance notice through in-app notifications or email. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes.
21.3 Rejection of Changes. If you do not agree to any revised Terms, your sole remedy is to stop using the Service and close your account before the effective date of the changes. Closing your account does not entitle you to a refund of any purchased Tokens.
22. Miscellaneous Provisions
22.1 Entire Agreement. These Terms, together with our Privacy Policy and any supplemental terms or policies incorporated by reference, constitute the entire agreement between you and Dona with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings.
22.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
22.3 Waiver. The failure of Dona to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.
22.4 Assignment. Dona may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor, or in connection with a merger, acquisition, or sale of assets. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is null and void.
22.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights. Only you and Dona (and our respective permitted successors and assigns) have any rights under these Terms.
22.6 Language. These Terms are written in English. In the event of any conflict between an English-language version of these Terms and any translated version, the English version shall prevail.
22.7 Headings. The section headings used in these Terms are for organizational convenience only and have no legal or contractual significance.
23. Notices and Communications
23.1 Notices to You. We may provide notices to you via in-app notifications, push notifications, email to your registered address, or through postings on the Service. You are responsible for keeping your contact information current and for monitoring in-app notifications.
23.2 Notices to Us. Notices to Dona should be sent by email to service@dona.ink. Notices relating to legal matters (including copyright infringement claims and arbitration demands) must be clearly labeled as such. We will use commercially reasonable efforts to acknowledge receipt within five (5) business days.
23.3 Electronic Communications. By using the Service, you consent to receive electronic communications from Dona. You agree that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
24. Contact Information
24.1 General Inquiries. For any questions, concerns, or feedback regarding these Terms of Service or the Dona platform, please contact our team using the following:
• Email: service@dona.ink
• App Name: Dona
• Support Portal: Available within the Dona app under Settings > Help & Support
24.2 Response Commitment. We are committed to acknowledging all inquiries within five (5) business days. Complex or legal matters may require additional time to investigate and resolve.
24.3 Reporting Violations. To report a Terms of Service violation, CSAE content, or any other urgent safety concern, please use the in-app reporting function or contact service@dona.ink immediately. Safety-related reports are treated with the highest priority and reviewed as expeditiously as possible.
Last Updated: May 25, 2026 | Dona - service@dona.ink