Last modified: January 22, 2023
THESE TERMS OF SERVICE ("TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND LINGOODIE ("LINGOODIE"). BY DOWNLOADING, INSTALLING ANY LINGOODIE APPLICATION (THE "APPLICATION") AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY LINGOODIE OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE "SERVICE") YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with Lingoodie. You may opt out of the binding individual arbitration and class action waiver as provided below.
Lingoodie reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service or on at lingoodie.com (this "Site"). Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that Lingoodie may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), and Apple (Apple, Inc.) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to Lingoodie, not third parties. You also agree that as a condition of participating in the Service you shall release the above listed third parties from any and all liability arising out of your participation in said Service.
Lingoodie will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy ("Privacy Policy") available within the Application and on the Site. By accessing or using the Service, You consent to the collection, use and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service department at hello@lingoodie.com.
In order to access and use the Service (including, but not limited to accumulating and redeeming Lingoodie Points and Rewards) and to post any User Content, You must create an account with Lingoodie. By creating an Account with Lingoodie, You agree to the following rules to protect the security of Your Account:
Any personal information You provide to us, which may include Your name, birth date and email address, will be held and used in accordance with Lingoodie's Privacy Policy. You agree that You will supply accurate and complete information to Lingoodie, and that You will update that information promptly after it changes.
To use the Service You must have a mobile device that is compatible with the Application. Lingoodie does not warrant that the Application will be compatible with your mobile device. If you decide to use the Service, subject to Your agreement and compliance with these Terms, the Privacy Policy, and applicable terms and conditions of our partners, Lingoodie hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by You.
You may only utilize the Lingoodie app on one device at a time. You may not have multiple accounts, even if you have multiple devices. Lingoodie also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Lingoodie can terminate this license at any time and with or without any reason.
You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application; or (v) delete the copyright and other proprietary rights notices on the Application.
Your use of the Lingoodie Applications may allow you to earn Virtual Items ("Virtual Items") such as Rewards and Lingoodie Points, in various ways. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of bitcoin or its equivalent. Rather, by "earning" Virtual Items, You are granted a limited license to use the software programs that manifest themselves as the Virtual Items.
Lingoodie prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service. You may not sublicense, trade, sell or attempt to sell in-app Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a Lingoodie app, without Lingoodie's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination.
You may accumulate points on our platform ("Lingoodie Points") by taking certain actions while using the Services. Lingoodie Points have no monetary value. For Android users: Lingoodie Points are platform-wide loyalty points earned by taking certain actions, such as by learning a language, referring friends or "liking" certain aspects of the Service. For iOS users: Lingoodie Points are platform-wide rewards earned for certain outcomes, such as registering a Lingoodie account or winning a competition against an opponent.
If you elect to redeem Lingoodie Points in your Lingoodie Account for cryptocurrency, upon request through specific means and subject to minimum amounts and limitations set out in the Service, such cryptocurrency may be paid out to you by Lingoodie (or a third party payment processor on our behalf). Upon submitting your request for payment, Lingoodie may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such request or payment, as applicable.
Lingoodie is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Lingoodie Points you redeem. You are responsible for and agree to promptly pay all charges, including applicable taxes and processing fees. You may only send one redemption request every seven (7) days.
Lingoodie reserves the right to change the number of Lingoodie Points awarded, conversion rates, fees and charges associated with the Service at any time without notice. Lingoodie Points have no cash or monetary value and are non-transferable.
If You do not use your Account by learning a language on a Lingoodie Application to completion at least once every 30 days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by learning a language on a Lingoodie Application to completion. When an Account has been deemed inactive, Lingoodie may, at its own discretion, expire any Virtual Items, Lingoodie Points, or Rewards accumulated by You.
YOU AGREE THAT LINGOODIE AND ITS PARTNERS AND AFFILIATES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND RESULTING FROM YOUR INACTIVITY ON THE SERVICE.
Occasionally, we partner with third parties ("Reward Partners") to provide additional opportunities for You to earn Virtual Items. Rewards Partners reserve the right to change, amend, suspend, cancel, or terminate any reward program they offer at any time, with or without notice.
Lingoodie may terminate or suspend Your Account and/or Your access to Service at any time, including for breach of these Terms, registering with temporary or disposable email services, registering with invalid emails, using VPNs, learning a language on multiple devices simultaneously, or otherwise, without notice. Upon any such termination, Your access to the Service, including all User Content and Virtual Items, will be disabled and You will lose any Lingoodie Points that you have accumulated.
You represent and warrant that You have full right and authority to use the Service and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that You shall not defraud, or attempt to defraud, Lingoodie or other users, and that You shall not act in bad faith in Your use of the Service. By way of example, You specifically agree that You shall not:
The Service and all content thereon or therein are protected by copyright, trademark, and other laws. Except as expressly provided in these Terms, Lingoodie and its licensors exclusively own all rights, titles, and interests in and to Service and all content thereon or therein, including all associated intellectual property rights.
The Service may contain links to third-party websites or resources that are not owned or controlled by Lingoodie. You acknowledge and agree that Lingoodie is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services available from such websites or resources.
You acknowledge and agree that Lingoodie may update the Service with or without notifying You. Lingoodie conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems can be reported by emailing us at hello@lingoodie.com.
THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. THE LINGOODIE PARTIES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER THE LINGOODIE PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL THE LINGOODIE PARTIES' AGGREGATE LIABILITY EXCEED FIVE EUROS (5€).
You agree to indemnify, save, and hold the Lingoodie Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service.
iOS: You acknowledge that these Terms are between you and Lingoodie only, and not with Apple, Inc. Your use of the iOS App must comply with Apple's then-current App Store Terms of Service. Lingoodie, and not Apple, is solely responsible for the iOS App and the services and content available thereon.
Android: You acknowledge that these Terms are between you and Lingoodie only, and not with Google, Inc. Your use of the Android App must comply with Google's then-current Google Play Terms of Service. Lingoodie, and not Google, is solely responsible for the Android App.
These Terms and any action related thereto will be governed by the laws of Portugal without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action will be the state and federal courts located in Lisbon, Portugal.
These Terms constitute the entire and exclusive understanding and agreement between Lingoodie and You regarding the Service.
You may not assign or transfer these Terms without Lingoodie's prior written consent. Lingoodie may assign or transfer these Terms at its sole discretion, without restriction.
Any notices or other communications permitted or required hereunder will be in writing and given by Lingoodie via email to the address that You provided.
The failure of Lingoodie to enforce any right or provision of these Terms will not constitute a waiver of future enforcement. If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.
WARNINGS: READ BEFORE LEARNING OR WATCHING
Photo-sensitivity / seizures warning: A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures." Immediately stop using the app and consult a doctor if you experience lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness.
These Terms are issued by The Oodies, Lda, based in Lisbon, Portugal, operating under the brand name Lingoodie.
For questions about these Terms, contact us at hello@lingoodie.com.