Please read these terms and conditions carefully before using Our Application.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms & Conditions:
These are the Terms and Conditions governing the use of this Application and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application.
Your access to and use of the Application is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application.
By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Application and you should cease its use immediately.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Application.
Your access to and use of the Application is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Application.
The Application or some parts of the Application may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing Your Subscription.
At the end of each Subscription period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Application until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the applicable Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the applicable Application Store and is governed by such Application Store’s own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of Your then-current Subscription period.
The Company will endeavor to provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Application after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the applicable Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the applicable Application Store’s own terms and conditions or in your Device’s Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the issue or being notified about the issue by You, investigate the reason for the issue. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the issue. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Application.
You are responsible for safeguarding the password that You use to access the Application and for any activities or actions under Your password, whether Your password is with Our Application or a Third-Party Social Media Application.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Application and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. All content available through the Application, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Application Content”), are the proprietary property of the Company or its licensors. No Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Application Content. As between you and the Company, all data, information, and materials generated from Your access and use of the educational activities made available on or through the Application, including translated content generated by You (“Activity Materials”), shall be exclusively owned by the Company, and You shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Application, You hereby assign to the Company any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of the Company or its licensors that are not expressly granted in these Terms and Conditions are reserved to the Company and its licensors.
The Application is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our intellectual property, including but not limited to trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Additional terms apply when you use the Company’s generative AI services and features.
You may use generative AI features to submit inputs and receive generated outputs. When you use generative AI features, the inputs and outputs are your Activity Materials. You are responsible for your Activity Materials and will not use the Company’s generative AI features in a way that infringes, violates, or misappropriates any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering generative AI, outputs may not be unique and the Company may generate the same or similar output for third parties.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Application may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Application will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Application.
You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Application, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the lesser of the amount actually paid by You through the Application or USD$100.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
THE COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM USE OF GENERATIVE AI FEATURES, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY OUTPUTS OR SUITABILITY FOR YOUR USE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY GENERATIVE AI OUTPUTS IS DONE AT YOUR SOLE RISK. DUE TO THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT RELY ON THE COMPANY’S GENERATIVE AI AS A SINGLE SOURCE OF FACTUAL INFORMATION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of Delaware, USA, excluding its conflicts of law rules, shall govern this Terms and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Application, You agree to first try to resolve the dispute informally by contacting the Company.
THEREAFTER ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE APPLICATION 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 the Company and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of the day you first access or use the Application.
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.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms and Conditions are a contract between you and the Company based in the United States. All paid Subscriptions are developed and operated from the United States. When you pay for a Subscription, your payment goes to the Company in the United States. By purchasing a Subscription, you agree that you are buying an offshore service based in the United States.
If You are a U.S. federal government end user, our Application is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Application. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Application.
If you have any questions about these Terms and Conditions, You can contact us:
Download the Praktika app
© Praktika.ai Company 2024. All rights reserved.
