The following terms and conditions (these “Terms & Conditions”) apply to your use of the Service (as defined below) provided by Lingopie Inc. (“Lingopie”, “us”, “we” or “our”) to you (“Customer” or “you”). Each of the Customer and Lingopie a "Party", and collectively, the "Parties".
BY SUBMITTING TO US WITH PAYMENT DETAILS THROUGH A CHECKOUT PAGE FOR SERVICES (“CHECKOUT PAGE”) OR BY ACTIVATING A FREE TRIAL, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. CUSTOMER REPRESENTS AND WARRANTS TO LINGOPIE THAT IT IS AT LEAST 18 YEARS OF AGE. IF CUSTOMER IS ENTERING INTO THESE TERMS & CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (“BUSINESS CUSTOMER”), CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS FULL LEGAL AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF CUSTOMER DOES NOT HAVE SUCH AUTHORITY OR IF CUSTOMER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, CUSTOMER MUST NOT ACCEPT THESE TERMS & CONDITIONS AND MAY NOT USE THE SITE, THE APP AND/OR THE SERVICE.
IF YOU ARE REGISTERING FOR A FREE TRIAL, THE APPLICABLE PROVISIONS OF THESE TERMS & CONDITIONS GOVERN THE FREE TRIAL OR FREE SERVICES.
IF YOU ARE A BUSINESS CUSTOMER, THE APPLICABLE PROVISIONS UNDER “ADDITIONAL TERMS FOR BUSINESS CUSTOMERS” BELOW SHALL FURTHER APPLY.
1. Description of the Service
The Lingopie service offers grant of access to Lingopie’s proprietary language learning software, offered as a software-as-a-service, and/or other language learning services and related websites, applications, content and features, as specified in the Checkout Page (collectively, the “Service”).
2. Software-As-A-Service
The Service is made available to you on a software-as-a-service (SaaS) basis through Lingopie website (the “Website”) and/or the Lingopie App (the “App”), and includes: (i) the software that you access via the Website and/or the App; (ii) the features and functionality made available or provided to you by Lingopie in connection with the Service; and (iii) the content, text, documents, graphics, photos, sounds, videos, interactive features, trademarks, service marks and logos, contained in or made available through the Service. The Service, including without limitation, the design, content and/or any functionality or feature of the Service, may be modified by us in our sole discretion, with or without notice, at any time. Your continued receipt and use of the Service following the modification to the Service shall conclusively demonstrate your acceptance of such modification. You are responsible for acquiring and maintaining any connections and software needed for the use of the Service.
3. Subscription to the Service
Subject to your compliance with these Terms & Conditions and the Checkout Page (if applicable), and payment of all applicable Fees (as defined below) (if applicable), Lingopie hereby grants you, and you hereby accept, solely during the Term, a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable right and license to access and use the Service for your personal non-commercial use only.
4. Restrictions on Use
All rights not expressly granted to you are reserved by Lingopie and its licensors. You must not, and shall not allow any third party to: (i) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (ii) allow any third party to use the Service; (iii) give, sell, rent, lease or timeshare the Service or use it in any service bureau arrangement; (iv) reverse engineer, decompile or disassemble the Service or any components thereof; (v) use the Service to develop a competing service or product; (vi) use any robot, spider, scraper, or other automated means to access the Service; (vii) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or the Lingopie infrastructure (as determined by Lingopie in its sole discretion); (viii) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (ix) make copies of the Service, or copy any ideas, features, functions or graphics of the Service; (x) modify or create a derivative work of the Service, or any part thereof; (xi) reproduce, remove, deface, obscure, or alter Lingopie's or any third party's copyright notices, patents, trademarks, or other proprietary rights affixed to or provided as part of the Service, or use or display logos of the Service differing from those of Lingopie; and/or (xii) use the Service in any unlawful manner or in breach of these Terms & Conditions. Without limiting the foregoing, you may not use the Service to: (a) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; (c) send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Service; or (e) attempt to gain unauthorized access to the Service.
5. Account
In order to use the Service, you have to create an account ("Account"). Except with respect to Business accounts, as set forth under Section 23 below, You must not allow anyone other than yourself to access and use your Account. You acknowledge and agree: (i) to provide accurate and complete Account and login information; (ii) to keep all Account login details and passwords secure at all times; (iii) you remain solely responsible and liable for the activity that occurs in connection with your Account, (iv) that the Account login details may only be used by you; and (v) to promptly notify Lingopie in writing if you become aware of any unauthorized access or use of your Account or the Service. You may use the Service tools to disable and enable certain Service features or activities at any time. Lingopie reserves the right to cancel dormant accounts if there is no use of the account during a consecutive period of 24 months. Kindly note that User’s separate payment accounts cannot be merged into one Account. Lingopie may merge two or more Accounts by the same User at its sole discretion following receipt of the user's written request.
6. Terms applicable to Free Trials and Free Services
6.1 Free Trials. If You have registered for a free trial, Lingopie will make the applicable Service(s) available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered, or (b) the start date of any non-free Service subscriptions ordered by you for such Service(s), or (c) termination by Lingopie in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page and are incorporated herein by reference. UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR APPLICABLE UPGRADED SERVICES, ANY DATA ENTERED INTO THE SERVICE, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND INDEMNIFICATION OBLIGATIONS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND LINGOPIE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD. WITHOUT LIMITING THE FOREGOING, LINGOPIE AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS AND/OR REACH CERTAIN RESULTS, (B) YOUR USE OF THE SERVICE DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO LINGOPIE AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOU USE OF THE SERVICE DURING THE FREE TRIAL PERIOD, ANY BREACH BY YOU OF THESE TERMS & CONDITIONS AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
6.2 Free Services. Lingopie may from time to time make certain Services available to you for free (“Free Services”). Your use of Free Services is subject to these Terms & Conditions and this section, which will control in the event of a conflict. Free Services may be subject to certain limits as described in the Free Services registration web page which shall be incorporated herein by reference. Usage over these limits requires your purchase of additional services. Lingopie, in its sole discretion and for any or no reason, may terminate your access to the Free Services in whole or in part. Lingopie may terminate your access to the Free Services without prior notice, and Lingopie will not be liable to you or any third party for such termination. You are solely responsible for exporting Data from the Free Services prior to termination of your access to the Free Services for any reason. NOTWITHSTANDING THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND INDEMNIFICATION OBLIGATIONS, THE FREE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND LINGOPIE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES. WITHOUT LIMITING THE FOREGOING, LINGOPIE AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FREE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR REACH CERTAIN RESULTS, (B) YOUR USE OF THE FREE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA PROVIDED THROUGH THE FREE SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY. IN THE “LIMITATION OF LIABILITY” SECTION BELOW, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO LINGOPIE AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE FREE SERVICES, ANY BREACH BY YOU OF THESE TERMS & CONDITIONS AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.
7. Content
7.1 Website/App Content. The content available on the Website, the App and on the Service generally consists of (a) content that is the property of the Company, including but not limited to the trademarks, trade dress and "look and feel" of the Website/App and the content created and/or acquired and owned by us ("Lingopie Content"), (b) content that is owned by third parties and licensed/made available to the Company for specific uses on the Website/App ("Third Party Content"), which may or may not include Lingopie’s Service tools, subtitles, etc., and (c) content that may be posted and /or uploaded to the Site by you ("User Content"). However, as between you and other registered users, content posted by other registered users is considered "Third Party Content." All of the foregoing is collectively referred to as “Website/App Content”.
7.2 User Content. "User Content" means all information and content that a user submits, posts and/or uploads to, or uses with, the Website/App (for example, content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.4). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Lingopie. Because you are solely responsible for your User Content, you expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Company has no obligation to make backup copies of any User Content and your User Content may be deleted at any time without notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you so choose. Without limiting the foregoing, Lingopie may offer and/or facilitate group lessons, as well as open classes and webinars, where users engage and/or interact with other users. Lingopie reserves the right, from time to time, to record these sessions and upload them to its YouTube channels and/or other platforms for educational or promotional purposes. By participating in any of these group lessons, open classes and webinars, you acknowledge and agree that your voice, image, likeness and contributions may be included in such recordings, and be displayed and made available to the public.
7.3 License to User Content. You hereby grant (and you represent and warrant that you have the right to grant) Lingopie an irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to reproduce, distribute, publicly display, publicly perform, prepare works derivatives, incorporate into other works and otherwise use and exploit your User Content, and grant sublicenses of the foregoing rights, solely for the purpose of including your User Content on the Website. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
7.4 Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Website, the App and/or the Service to collect, upload, transmit, display or distribute any User Content (i) that violates any right of any third party, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property right or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, intolerance, hatred or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligation or restriction imposed by any third party. Additionally, you agree not to: (i) upload, transmit or distribute to or through the Website, the APP and/or the Service any computer viruses, worms or any other software intended to damage or alter a computer system or data; (ii) send through the Website, the App and/or the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Website, the App and/or the Service to collect information or data about other users, including email addresses, without their consent; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (iii) attempt to gain unauthorized access to the Website, the App and/or Service (or other computer systems or networks connected to the Website, App and/or Service), whether through password mining or other means; (iv) harass or interfere with any other user's use and enjoyment of the Website, the App and/or the Service; or (v) use software, automated agents or scripts to create multiple accounts on the Website, the App and/or the Service, or generate automated searches, requests or queries to (or extract, scrape or mine data from) the Website, the App and/or the Service (however, we conditionally grant engine operators public search engines revocable permission to use spiders to copy materials from the Website/App for the sole purpose and solely to the extent necessary to create publicly available indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our archive robots.txt).
7.5 Compliance. We reserve the right (but are not obligated) to review any User Content and to investigate and/or take appropriate action in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms & Conditions, or otherwise create liability for us or anyone else. Such actions may include deleting or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.
7.6 Third-Party Content. As indicated above, the Service may include or provide access to Third Party Content. The ability to use of the Service and/or certain capabilities of the Service may be conditioned on your registration and or subscribing (as the case may be) with the owners/licensors of such Third-Party Content. Accordingly, such Third-Party Content may be subject to separate terms and conditions, including but not limited to licensing restrictions, registration requirements, or subscription fees, as determined by the respective third-party providers. By using the Service, you acknowledge and agree that:(a) the Company does not own or control any Third-Party Content and makes no representations or warranties regarding such content;(b) your access to and use of any Third-Party Content is at your own risk and subject to the applicable third-party terms, including any fees or registration or license requirements; and(c) the Company shall not be liable for any loss, damage, cost, or liability arising from your use of or reliance on any Third-Party Content or your dealings with any third-party provider. You are solely responsible for reviewing and complying with all applicable third-party terms, including payment of any fees and adherence to any access or usage restrictions.
8. Title
Lingopie (or its licensors) retains title to the Service, and all modifications, alterations, derivative works, and enhancements thereto, and all copies thereof and Proprietary Rights therein. Except as specified herein, you do not acquire any rights, express or implied, in the Service, and you have no right to commercialize or transfer the Service, in whole or in part. No license, right or Proprietary Right in any Lingopie trademark, trade name or service mark is granted pursuant to the Checkout Page or these Terms & Conditions. You agree that any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service (collectively, the "Feedback") shall be the sole property of Lingopie and Lingopie shall be free to use any Feedback you provide for any purpose. For purposes of these Terms & Conditions “Proprietary Rights” means all patents, trademarks, service marks, copyright and related rights, registered designs, utility models, software, know-how, trade secrets, inventions (whether patentable or not), improvements, publicity rights, rights of privacy, and all other intellectual property rights and proprietary rights, including goodwill therein, whether registered or not, arising under the laws of any country or jurisdiction, including all rights or causes of action for infringement or misappropriation of any of the foregoing.
9. Financial Terms
9.1 Prices. In consideration for the Service, you will be required to pay Lingopie the prices as set forth in the Checkout Page ("Prices"). You will pay all Prices specified in the Checkout Page. Unless expressly set forth otherwise herein or in the Checkout Page, the Prices are charged based on Services purchased and not on actual usage. Lingopie reserves the right to change the Price at each subscription renewal point based on its then-current price list.
9.2 Third-party charges. In addition to the Prices set forth in the Checkout Page, You agree to cover and solely bear all third-party charges and/or costs that may be incurred and/or imposed by third-party providers and/or financial institutions in connection with your use of and/or payment by credit card, wallet or other payment method used for any financial transaction with the Service.
9.3 Package Plans. At its discretion, Lingopie may offer different Service subscription plans to choose from (each a "Plan"). The details of all available Plans are set forth in the Checkout Page or on the Website. The Plans may be amended from time to time. Your access to and use of the Service under any Plan is subject to your payment in full of the relevant prices applicable to the Plan you choose, as set forth in the Checkout Page. Following your initial subscription period, and each subsequent renewal, your subscription will automatically renew for an additional equivalent period. If you do not wish for your subscription to renew automatically, or if you wish to modify or cancel your subscription, you must log in to your Account and follow the instructions to make changes -or terminate your subscription.
9.4 Payment Terms. Payment terms are set forth in the Checkout Page. All Prices shall be paid in US Dollars or the equivalent in other currencies offered from time to time by Lingopie. You may not set-off any amounts owing to you against any payments owing to Lingopie hereunder.
9.5 Payment Failure. We reserve the right to deactivate your Account and/or to suspend, terminate and/or discontinue your access to the Website and/or the Service if for any reason Lingopie is unable to make automatic payment via your used payment method (e.g. credit card) or for any other default in your payment schedule. Without limitation from the foregoing, you hereby authorize Lingopie, in case of payment failure, to initiate multiple retry attempts for any declined or failed payment transactions using the payment method provided.
9.6 Taxes and Duties. Except for taxes based on Lingopie’s net income, you are liable and responsible for paying all sales, foreign withholding, value added, use, property, excise, service and other taxes, and all duties and customs fees relating to your receipt or use of the Service or sale of your products, whether or not Lingopie invoices you for such taxes, duties or customs fees.
9.7 Refund Policy. Payments made through the Apple App Store or Google Play Store are processed by the respective platform providers and are subject to their terms and conditions. We do not control and are not responsible for the payment processing practices of these third parties. Any matters related to payments made through these platforms should be directed to the respective platform provider.
Eligibility for a refund exists if:
* A mistaken charge occurred due to an overlooked subscription cancellation, provided the refund request is made within the Free Trial Period.
* A verified payment discrepancy exists, such as an incorrect billing amount or a duplicate charge or other payment processing error.
Refunds are not offered for:
* Requests made after the free trial period has ended.
* Failure to contact customer support via the designated email.
* Partial or non-use of the service during a billing period.
9.8 No refunds or credits are provided for partially used subscription periods. If a periodic subscription is canceled, access to the service will continue until the end of the current billing period.
9.9 Refund Request Process: To request a refund, an email must be sent to customer support at support@lingopie.com from the registered Lingopie email address within fourteen (14) calendar days of the charge. The email should include full name, account email, and the date of the charge.
9.10 Refund Processing: Eligible refunds are processed within 2-3 business days of approval and are issued to the original payment method.
9.11 Modifications to the Refund Policy: Lingopie reserves the right to modify this Refund Policy at any time. Any changes will be effective immediately upon posting the updated policy on our website. Continued use of our services after such changes constitutes acceptance of the new terms.
9.12 Cancellation Policy: Canceling your subscription means that auto-renewal will be turned off, but you will still have access to all features of your subscription for the remainder of the current period. Cancelled subscriptions will not be refunded for the unused or remaining part of the ongoing service until the end of the Term. Please note that deleting the app does not cancel your subscriptions.
If you purchased a subscription or enabled a trial in the Apple App Store: You can cancel a trial or subscription at any time by turning off auto-renewal through your Apple ID account settings. To avoid charges, cancel your subscription in your Apple ID account settings at least 24 hours before the end of the trial or current subscription period. Only you can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Apple's support page.
If you purchased a subscription or enabled a trial on Google Play Store: You can cancel a trial or subscription at any time by turning off auto-renewal through your Play Store account settings. To avoid charges, cancel your subscription in your account settings at least 24 hours before the end of the trial or current subscription period. Only you can manage your subscriptions. Learn more about how to manage subscriptions (and how to cancel them) on the Google support page.
If you purchased a subscription or enabled a trial on our Website: You can cancel a trial or subscription via your Account on the Website before the end of the trial or current subscription Term. The foregoing does not include lingopie’s lifetime plan(s) or other non-cancelable Plans as set forth in the Checkout Page and/or on the Website/App.
10. Term and Termination
10.1. Term. These Terms & Conditions commences on the date you first accept it and continues until all subscriptions hereunder have expired or have been terminated.
10.2. Subscription Term. The term of each subscription shall be as specified in the applicable Checkout Page (the “Initial Subscription Term”). Unless otherwise expressly provided under an Checkout Page, each subscription (other than for Free Trial and/or Free Services) shall automatically renew for additional period(s) of equivalent duration (each a “Renewal Term”, and all Renewals Terms with the Initial Subscription Term, collectively, the “Term”)). Upon termination or expiration of these Terms & Conditions or the Checkout Page, you will lose all access to the Service, to your Account(s), and to any User Content that we may be storing on your behalf. We do not accept any liability resulting from the suspension, termination or expiration of these Terms & Conditions, the Service, an Account, or to User Content that is deleted or lost in connection thereto. Any terms of these Terms & Conditions that would, by their nature, survive the termination or expiration of this Agreement shall so survive including, without limitation, Sections 1.4, 3 through 18 (inclusive).
10.3. Termination. Notwithstanding the provisions under Sections 6.1 and 6.2 above, Lingopie, at its sole option and discretion, may terminate these Terms & Conditions, any Checkout Page or any portion of any Checkout Page, at any time prior to the cessation of the Term, at its sole discretion, including for any use of the Website and/or the Service in violation of these Terms & Conditions. Upon expiration or termination of these Terms & Conditions or a Checkout Page, all outstanding Fees and other amounts obligated under these Terms & Conditions or a Checkout Page, shall become immediately due and owing and you shall immediately cease using the Service.
11. Warranty Disclaimer
Lingopie shall not be held responsible or liable for any actions taken by you, either wholly or in part, based on the User Content or information provided to Lingopie by you or any third party, or for any loss, damage, expense or injury resulting from any transactions conducted by you with any third party as a result, by way of or through the use of the Service. THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL SOFTWARE, CONTENT, REPORTS AND INFORMATION PROVIDED AS PART OF THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. You assume all responsibility for the selection of the Service to achieve your intended results. In addition, since Lingopie cannot verify all User Content or information provided by you or other third parties, and errors in gathering or reporting such User Content or information may occur, Lingopie does not represent or warrant that the Service is always accurate, complete or current and shall not be liable for or responsible for decisions taken by you as a result thereof LINGOPIE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LINGOPIE DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETE, ACCURATE, SECURE, UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. LINGOPIE DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY SOFTWARE, CONTENT, REPORTS, INFORMATION, OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE. YOUR USE OF AND RELIANCE UPON THE SERVICE IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND LINGOPIE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM THIRD PARTY'S HARDWARE, SOFTWARE, COMMUNICATIONS SERVICES OR MATERIALS, OR FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH, THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, DELAYS OR INTERRUPTIONS OR OVERLOAD OF OUR OR OTHER SERVERS) ANY TELECOMMUNICATIONS, INTERNET PROVIDERS OR OTHER THIRD-PARTY SERVICE PROVIDERS. Applicable law may not allow the exclusion of certain warranties, so to that extent the above exclusions may not apply.
12. Limitation of Liability
LINGOPIE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUE, LOSS OF GOODWILL, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE, DELAY OR MALFUNCTION) ARISING OUT OF THE ORDER FORM AND/OR THESE TERMS & CONDITIONS OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LINGOPIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LINGOPIE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CLAIMS AND DAMAGES ARISING FROM OR OUT OF THE CHECKOUT PAGE AND/OR THESE TERMS & CONDITIONS IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR FIRST CLAIM. Applicable law may not allow the exclusion or limitation of liability, so to that extent the above limitations or exclusions may not apply.
13. Indemnification
You agree to defend, indemnify and hold harmless Lingopie and our affiliates and our respective officers, directors, agents, consultants and employees (each an “Indemnified Party”) from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) by you and /or any third party arising from: (i) your use of the Website and/or the Service; (ii) your breach of the Checkout Page or these Terms & Condition; (iii) your violation of applicable laws; and/or (iv) your User Content. An Indemnified Party need not seek recovery from a third party or otherwise mitigate its losses in order to make a claim under this Section 10. We have the right to participate in the defense of a Claim and in selecting counsel therefore. You shall not, without first obtaining our prior written consent, settle any Claim in any manner that (a) restricts or limits our ability to deliver the Service; or (b) involves a remedy relating to admission of liability by, injunctive relief against, or other affirmative obligations by an Indemnified Party without the Indemnified Party’s consent.
14. Third Party Links
The Site and Service may contain links to third-party websites and services and/or display advertisements for third parties (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of Lingopie, and Lingopie is not responsible for any Third-Party Links. Lingopie provides access to these Third Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third Party Links at your own risk and should apply an appropriate level of caution and discretion in doing so. When you click on any Third-Party Links, the terms and policies of the applicable third party apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
15. Privacy Policy
Please visit our Privacy Policy (located at http://lingopie.com/privacy-policy) to learn how we collect, use, protect and share your Personal Information. The terms of our Privacy Policy constitute an inseparable part of these Terms & Conditions. By expressing your consent to these Terms & Conditions, you acknowledge and agree to the terms of the Privacy Policy.
16. Copyrights Policy
It is Lingopie's policy not to infringe or violate the intellectual property rights or other rights of any third party, and Lingopie will refuse to use and remove any User Content in connection with the Service that infringes the rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998 (the "DMCA"), Lingopie will remove any Content (including, without limitation, any User Content) if it is properly notified that such material infringes the rights of third parties, and may do so at its sole discretion, without prior notice to users at any time. Lingopie's policy is to terminate the accounts of repeat infringers in appropriate circumstances. You are the best judge of whether User Content violates the intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with the User Content. Lingopie will remove any Content (including, without limitation, any User Content) if it is properly notified that such material infringes the rights of third parties, and may do so in its sole discretion, without prior notice to users at any time. If you believe that something appearing on the Service infringes your copyright, you can send us a notice requesting that it be removed or access blocked. If you believe that a notice has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must comply with DMCA requirements. We suggest that you consult your legal counsel before filing a notice or counter-notice. Please note that there may be substantial penalties for false claims. Send notifications and counter-notifications through our email info@lingopie.com.
17. Compliance with Laws
Each party shall comply with all applicable laws relating in any way to its performance of its obligations under the Checkout Page and these Terms & Conditions. You agree to comply fully with all applicable export laws and regulations as well as any data privacy laws in any jurisdiction to ensure that neither the Service nor any technical data related thereto are shared, exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
18. Assignment
These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns. You may not assign your rights or obligations under these Terms & Conditions or the Checkout Page without our prior written consent. Any purported assignment in violation of this Section 15 shall be null and void. Our rights and obligations under these Terms & Conditions and the Checkout Page are freely assignable.
19. Attorneys' Fees
In the event of any dispute, claim or litigation between us relating to these Terms & Conditions or an Checkout Page, if we prevail, we shall be entitled to reimbursement of all of our costs and expenses, including reasonable attorneys' fees, incurred in connection with such dispute, claim or litigation, including any appeal therefrom. For purposes of this Section 16, the determination of whether we are the prevailing party shall be decided by the court of competent jurisdiction or independent party (i.e., mediator or arbitrator) that resolves such dispute, claim or litigation.
20. Injunctive Relief
You understand and agree that in the event of a breach or threatened breach of any of the covenants or promises contained in the Checkout Page or these Terms & Conditions, Lingopie may suffer irreparable injury for which there is no adequate remedy at law and Lingopie may seek injunctive relief enjoining said breach or threatened breach. You further acknowledge, however, that Lingopie shall have the right to seek a remedy at law as well as or in lieu of equitable relief in the event of any such breach.
21. Changes to Terms & Conditions
These Terms & Conditions are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if applicable) and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you provided to us is not valid or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the email. Any changes to these Terms & Conditions will be effective upon the lapse of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website, the earlier to occur. These changes will be effective immediately for new users of our Website. Continued use of our Site following notice of such changes will indicate your acknowledgment of the changes and your agreement to be bound by the terms and conditions of such changes.
22. General
The Checkout Page, these Terms & Conditions and the Privacy Policy represent the complete agreement concerning the Service between you and Lingopie and supersede all prior agreements and representations related to the subject matter hereof. Section headings are provided for convenience only and have no substantive effect on construction. Lingopie will not be liable for any loss, damage or delay resulting from any event beyond Lingopie’s reasonable control. Nothing in the Checkout Page or these Terms & Conditions shall be construed to create any employment relationship, partnership, joint venture or agency relationship or other form of business association or to authorize any party to make any representation on behalf of the other party enter into any commitment or agreement binding on the other party. In the event that any provision of the Checkout Page or these Terms & Conditions, is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of the Checkout Page and these Terms & Conditions, and the application of such provision in any other circumstances, will not be affected thereby. The failure by a party to exercise any right hereunder or under the Checkout Page or these Terms & Conditions shall not operate as a waiver of such party's right to exercise such right or any other right in the future. The Checkout Page and these Terms & Conditions shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes under the Checkout Page and these Terms & Conditions shall be the competent courts located in Tel-Aviv, Israel, and each party hereby irrevocably consents to the jurisdiction of such courts. All definitions not otherwise defined in these Terms & Conditions shall have the meaning ascribed to them in the Checkout Page.
23. Business Customer
If you are a Business Customer, the following terms and conditions shall apply to you and/or any of your authorized employees, agents and/or contractors working on your behalf and using the Service ("End User").
You are responsible for your End User’s use of the Account, the Website and/or the Service, and undertake to make sure each of whom are in compliance with these Terms & Conditions. You will protect any Indemnified Person and hold it harmless from, and indemnify any Indemnified person for, any Claims under Section 10 above in connection with and/or deriving from any such End User’s use of the Account, the Website and/or the Service. Any invoicing terms shall be set forth in the Checkout Page. Lingopie shall be entitled to refer to you as a customer of Lingopie and as a user of the Service, directly or indirectly, in any advertisement, news release, or publication, subject to obtaining your prior approval which shall not be unreasonably delayed or withheld.
Last updated April 2025 Copyright © 2025 Lingopie Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and/or the Service are our property or the property or third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
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Inglese
Portoghese
Francese
Tedesco