Skip to content
Their First Words

Legal

Terms of Service — Their First Words

Last updated: September 2, 2026

1. Agreement

These Terms of Service (“Terms”) govern your use of the Their First Words mobile application (the “App”), provided by Their First Words LLC, a California limited liability company (“we,” “us,” “our”).

By creating an account or otherwise using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

These Terms incorporate by reference any in-App notices, App Store / Play Store policies that apply to your acquisition of the App, and the payment terms of Apple or Google for any in-app purchases you make.

2. Who can use the App

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account. You confirm that you are the parent or legal guardian of the child or children whose profiles you create in the App.

The App is intended for use by parents with their children. The child is the end-user of the flashcard content; the parent is the account holder and the responsible adult for all interactions with the App. The App is not designed for unsupervised use by a child without parental presence.

The App is not intended for use by anyone whose use would be unlawful in their jurisdiction or restricted by sanctions applicable to us.

3. Your account

The App works without an account: you can use the free content, and a child’s profile and progress are stored only on your device. An account is optional and exists to save your child’s progress to the cloud and across devices — typically after purchasing the Pro unlock. Accounts are created by signing in with Apple or Google; there is no separate username or password for the App.

If you create an account, you are responsible for:

  • The security of the Apple or Google account you sign in with
  • All activity that happens under your App account
  • Ensuring the information you provide (and the child profile information you enter on the child’s behalf) is accurate
  • Promptly notifying us at support@theirfirstwords.org if you suspect unauthorized access

You may not create an account using someone else’s Apple or Google account without their permission, or use the App on behalf of a child for whom you do not have parental authority.

4. License to use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, solely for personal, non-commercial use by you and your family.

You may not:

  • Copy, modify, reverse-engineer, decompile, or attempt to extract the source code of the App, except where this restriction is prohibited by applicable law
  • Resell, sublicense, rent, lease, or otherwise commercialize access to the App or its content
  • Use the App to build a competing service or to train a machine-learning model on its content
  • Bypass, disable, or circumvent any technical protections built into the App, including content access controls associated with the Pro unlock
  • Use the App in any manner that violates applicable law

5. Content

The App provides flashcards, audio, images, and other learning content (the “Content”). All Content is owned by us or our licensors and is protected by copyright and other intellectual property laws.

You receive no ownership rights in the Content. The license granted in §4 is the entirety of your rights to use it.

You may not extract, redistribute, publish, or create derivative works from the Content except as expressly permitted in writing.

6. In-app purchase (the Pro unlock)

The App offers “Pro” — a one-time, non-renewing in-app purchase that permanently unlocks the full combined catalog of 1,000+ words and 500+ phrases.

6.1 How payment works

All in-app purchases are processed by Apple (App Store) or Google (Play Store), depending on which version you installed. We never see your payment card information; Apple or Google handles the transaction in its entirety.

6.2 One-time purchase — nothing renews

Pro is a one-time purchase, not a subscription. You are charged once, at the price shown, when you confirm the purchase. There is no recurring billing, no renewal, and nothing to cancel. Where Apple Family Sharing is enabled for the product, Apple may share the purchase within your Apple family group under Apple’s rules; Google Play does not offer family sharing for in-app purchases.

6.3 Pricing

The current price is displayed on the paywall screen in the App and on the App Store / Play Store listing pages. If we change the price in the future, the new price applies only to purchases made after the change — a completed purchase is never re-billed.

6.4 Refunds

All refund requests must go through Apple or Google, in accordance with their respective refund policies:

We cannot issue refunds directly. If Apple or Google grants a refund, the Pro unlock is removed.

6.5 Restore Purchases

If you reinstall the App or move to a new device, tap Restore purchases (on the paywall, or at the bottom of the Account screen) to restore your Pro unlock. Restore relies on the same Apple ID or Google account that originally made the purchase — no App account is required.

6.6 Account deletion and your purchase

Deleting your account in the App (Account → Delete account) removes your account and data, but does not refund or remove your Pro purchase — the purchase belongs to your Apple or Google account and there is no ongoing billing to stop. If you later reinstall the App, Restore Purchases (§6.5) brings the unlock back.

7. Acceptable use

You agree not to:

  • Use the App for any unlawful purpose
  • Attempt to access another user’s account, data, or content
  • Interfere with or disrupt the App’s operation or the servers and networks that support it
  • Use automated means (bots, scrapers, headless browsers) to interact with the App
  • Submit information you know to be false (including making a false claim of being the parent of a child you do not have authority for)
  • Misuse, exploit, or attempt to manipulate the App’s features (for example, fraudulently triggering refunds via Apple / Google)

We may suspend or terminate your account for material violations of these rules; see §14.

8. Privacy

Our handling of your information (including information you provide about your child) is described in our Privacy Policy, which is incorporated into these Terms by reference. Please read it.

Key points the parent should be aware of:

  • The parent is the account holder and provides Verifiable Parental Consent on the child’s behalf via account creation (signing in with a provider-verified Apple or Google account).
  • The child does not interact with the account: every action that creates or modifies data is taken by the parent.
  • You can delete your account and all associated data at any time via Account → Delete account.

9. Notifications and communications

We currently send no marketing, digest, or automated operational account email because no outbound email provider is connected. Material changes to these Terms or the Privacy Policy are communicated in-App and in the updated hosted documents, with another legally permitted channel used when one is available.

The App does not send phone (push) notifications.

10. Third-party services

The App relies on third-party services to function, including but not limited to:

  • Firebase / Google Cloud (Authentication, Database, Storage, Analytics, Cloud Functions)
  • Apple / Google (direct in-app purchase processing and same-store ownership restore)

We are not responsible for the availability, accuracy, or content of these third-party services. Outages or failures in these services may affect the App’s availability. Your interactions with Apple or Google for purchase matters are governed by their own terms.

11. Educational disclaimer

The App is designed to support parent-led early-language and vocabulary learning. It is not a substitute for direct parent-child interaction, professional speech therapy, formal early childhood education, or medical advice.

We make no guarantees about specific learning outcomes for any individual child. Children develop language skills at different paces, and many factors outside the App contribute to vocabulary development.

If you have specific concerns about your child’s speech, language development, or cognitive milestones, please consult a qualified pediatrician, speech-language pathologist, or early childhood educator.

12. Disclaimers

To the maximum extent permitted by applicable law:

  • The App is provided “as is” and “as available.” We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components.
  • We make no warranty as to the accuracy, completeness, or reliability of any Content.
  • We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions, the exclusions above apply to the maximum extent permitted by law, and you may have additional statutory rights that these Terms cannot override.

13. Limitation of liability

To the maximum extent permitted by applicable law:

  • We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use of the App.
  • Our aggregate liability arising out of or related to these Terms or the App will not exceed the greater of (a) the total amount you have paid us for the App in the 12 months preceding the event giving rise to the claim, or (b) USD $50.

These limitations apply regardless of the legal theory on which the claim is based (contract, tort, statute, or otherwise).

Carve-outs. Nothing in this section excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot lawfully be excluded or limited under applicable law

EU/UK consumers. If you are a consumer in the EU or UK, your statutory consumer rights are not affected by this section.

14. Termination

14.1 By you

You may terminate your account at any time via Account → Delete account in the App. Deletion is immediate and irreversible. See the Privacy Policy §8 for details on what data is deleted.

14.2 By us

We may suspend or terminate your account if:

  • You materially violate these Terms (including the acceptable-use rules in §7)
  • We are required to do so by law
  • We discontinue the App (we will provide at least 30 days’ notice for a voluntary discontinuation)

In the event of termination by us for a non-violation reason, we will request a refund of your Pro purchase on your behalf, processed via Apple or Google’s refund mechanisms.

14.3 Surviving terms

The following provisions survive termination of these Terms: §4 (License — to the extent of any continuing restrictions on extracted Content), §5 (Content ownership), §11 (Educational disclaimer), §12 (Disclaimers), §13 (Limitation of liability), §15 (Indemnification), §16 (Governing law), §17 (Dispute resolution), §18 (General).

15. Indemnification

You agree to indemnify and hold harmless Their First Words LLC, its affiliates, officers, directors, employees, and agents, from any claim, demand, loss, or damages arising out of or related to:

  • Your breach of these Terms
  • Your misuse of the App
  • Your violation of any law or the rights of any third party

We will notify you of any such claim and give you reasonable opportunity to participate in its defense.

16. Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles.

For consumers in the EU/UK, mandatory consumer protection laws of your country of residence apply notwithstanding this section, where they provide stronger protection than the governing law.

17. Dispute resolution

Talk to us first. If you have a concern or dispute, contact us at support@theirfirstwords.org before starting any formal legal proceeding. We will try in good faith to resolve it with you, and you agree to give us 30 days from the date you notify us to do so.

Small claims. Either you or we may instead bring an eligible individual claim in a small-claims court of competent jurisdiction.

Where disputes are heard. Any dispute not resolved informally is subject to the governing law and courts identified in §16, and you consent to the personal jurisdiction of those courts — subject to the mandatory consumer rights below.

Individual basis. To the extent permitted by applicable law, disputes will be resolved on an individual basis, and you and we agree not to bring or participate in a class, collective, or representative action. This limitation does not apply where it is prohibited by the law that applies to you.

EU / UK consumers. Nothing in this section removes your right, as a consumer in the EU or UK, to bring proceedings in the courts of your country of residence or to rely on the mandatory consumer-protection laws there. You may also use any applicable national consumer dispute-resolution body available in your country. The former European Commission Online Dispute Resolution platform was discontinued on July 20, 2025.

18. General

18.1 Entire agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the App and supersede any prior agreements on that subject.

18.2 Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you in-App at least 30 days before the change takes effect and use another legally permitted channel when one is available. Continued use after a non-material update indicates acceptance. If you do not agree to a material change, your remedy is to delete your account.

18.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

18.4 No waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

18.5 Assignment

You may not assign these Terms or your account to anyone else without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, provided your rights under the Privacy Policy are preserved.

18.6 Force majeure

We are not liable for failure to perform due to causes beyond our reasonable control (natural disasters, acts of war, government action, internet or infrastructure failures, etc.).

18.7 Apple-specific terms

To the extent the App is downloaded from the Apple App Store:

  • These Terms are between you and us, not Apple. Apple is not responsible for the App or its content.
  • Apple has no obligation to provide support or maintenance for the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.

18.8 Google-specific terms

To the extent the App is downloaded from Google Play:

  • These Terms are between you and us, not Google.
  • Google Play’s terms of service apply to your acquisition of the App from Google Play.
  • We are responsible for App support; Google is not.

18.9 Export controls

You may not use or export the App in violation of US export laws or regulations, or any other applicable export controls.

19. Contact

For any questions about these Terms:

  • Email: support@theirfirstwords.org
  • Postal: Their First Words LLC, 2108 N St, Ste N, Sacramento, CA 95816, United States

For privacy-specific inquiries, use the privacy contact listed in the Privacy Policy.