1. Introduction

This website and its related services ("LingoLeap," "our platform," or "the Service") are owned and operated by LingoLeap, Inc ("Company,' 'we,' 'us,' or 'our'). By accessing and using LingoLeap, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms, please do not use our services. You are responsible for agreement with any applicable local laws. Should you disagree with any of these terms, you must refrain from using the platform. All content within this website is provided for general information purposes only.

2. Account Registration and Security

By registering on LingoLeap, you'll receive an account and password. It's imperative that you keep these details secure. If any unauthorized use of your account occurs or is suspected, you must notify us immediately. You accept full responsibility for all actions taken on your account.

3. Use License

LingoLeap grants you a limited, revocable, non-exclusive license to access and use our platform for personal, non-commercial purposes. Under this license, you shall not:

• Modify, reproduce, or duplicate the content;
• Use the content for commercial purposes or public display;
• Attempt to reverse engineer our software;
• Remove copyright or other proprietary rights from the content;
• Transfer content to another person or "mirror" it on other servers.
• Any breach of these terms will result in an immediate termination of your license. Post-termination, you must delete all content you have acquired, in both digital and printed formats.

4. Ownership and Intellectual Property

The Service, including all its content, graphics, interfaces, and code, is the property of LingoLeap and is protected by copyright, patent, and trademark laws. Unauthorized use of our content may violate these laws and our terms, and we reserve the right to pursue any unauthorized use to the fullest extent permitted by law.

5. Prohibited Actions

Users are strictly prohibited from:

• Engaging in unlawful, misleading, or fraudulent activity;
• Using LingoLeap for any illegal purposes or to promote harmful activities;
• Attempt to reverse engineer our software;
• Attempting to exploit or harm minors;
• Breaching or attempting to breach our security measures;
• Interfering with other users' enjoyment of the platform.

6. Warranties and Disclaimers

LingoLeap is provided “as is”. We make no guarantees regarding the accuracy, safety, or relevance of the content within. Any reliance on the content is at your own risk. We disclaim all warranties, whether express or implied, including those of merchantability or fitness for a particular purpose.

7. User Content

You are entirely responsible for the content you upload or share. By uploading, you guarantee you possess the right to share said content and that doing so doesn't infringe on any third-party rights.

8. Limitation of Liability

Under no circumstance will LingoLeap, or its affiliates, be liable for any direct, indirect, consequential, or other damages arising from the use of our platform.

9. Amendments

Content on LingoLeap might include inaccuracies or typographical errors. While we strive to ensure its accuracy, we reserve the right to make updates at any time without prior notice.

10. Links and Third-Party Content

LingoLeap may contain links to external websites that we do not operate or endorse. We're not responsible for their content, and accessing them is at your own risk.

11. Site Terms of Use Modifications

LingoLeap, Inc may amend these terms of use for its platform at any time without prior notification. By utilizing this platform, you concur to be bound by the present version of these Terms of Use.

12. Governing Law

Any claim relating to LingoLeap, Inc's platform shall be regulated by the laws of the State of Delaware, excluding its conflict of law provisions.

13. Proprietary Rights

You recognize and consent that the Service, along with any indispensable software related to the Service, consists of proprietary and confidential details safeguarded by relevant intellectual property and other regulations. Moreover, you acknowledge and agree that content presented through the Service is shielded by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

14. Indemnification

You commit to indemnify and safeguard LingoLeap and its affiliated entities, their officers, directors, and employees, from any claims, losses, damages, liabilities, expenses, inclusive of rational attorney's fees (collectively, a “Claim”), arising from your misuse of the Service, violation of this Agreement, or infringement of intellectual property or other rights of any individual or entity. This does not mandate you to the extent the Claim arises from LingoLeap's intentional misconduct or gross negligence. LingoLeap retains the right to undertake the exclusive defense of any matter which you are obliged to indemnify and you concur to cooperate in our defense of these claims.

15. Miscellaneous

Any failure by LingoLeap to enforce any rights or provisions of these Terms and Conditions of Use shall not constitute a waiver of such rights or provisions. If a provision of these Terms is deemed invalid, the rest shall remain effective and enforceable.

16. Plan Period

You are authorized to access the Service only within the plan period (“Plan Period”) stipulated in your payment confirmation.

17. Payment Terms

You concur to pay LingoLeap the fee specified during the Plan Period (“Fee”). A legitimate credit card is required for Service access. The Fee is payable upfront and is non-refundable and non-transferable, unless explicitly stated in our Money Back Guarantee Policy.

18. Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION. Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant's name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference. The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (“AAA Rules”), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language. If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration. If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA's Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against Duolingo must comply with the AAA's Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA's Supplementary Rules for Multiple Case Filings. If you do not want to arbitrate disputes with Lingoleap and you are an individual, you may opt out of this arbitration agreement by sending an email to support@lingoleap.ai within 30 days of the day you first access or use the Service. Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.

19. Additional Terms for Android Users in China

These Terms and Conditions stand as an agreement between you and LingoLeap, Inc, a Delaware corporation headquartered in the U.S. All paid LingoLeap Services are conceived and operated from the U.S. When you pay for a LingoLeap Service, your payment is received by LingoLeap, Inc in the U.S. By purchasing or subscribing to a paid LingoLeap service, you acknowledge that you are availing an offshore service based in the U.S.