Terms of Use
1. General
AlmazApp and Langony websites ("Websites"), mobile applications ("Apps"), and associated services (collectively referred to as the "Service") are operated by AlmazApp, Inc. ("AlmazApp", "Langony", "us" "we", or "our"). Your access and use of the Service are governed by the following Terms of Use of Service ("Terms of Use"). By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any future updates. Langony reserves the right to modify, update, or change these Terms of Use. In such cases, we will provide a notice on the Websites for at least 7 days after the changes are posted, and the date of the last revision will be indicated at the bottom of the Terms of Use. The revised Terms of Use will take effect either at the end of the 7-day notice period or the first time you access or use the Service after the changes, whichever comes first. If you do not agree to comply with these Terms of Use, you are not authorized to use, access, or participate in the Service.
1. Description of Website and Service
The Service enables users to access and utilize a range of educational services, such as language learning or practice. Langony reserves the right, at its sole discretion and without prior notice, to update, modify, suspend, enhance, or terminate any aspect of the Service, either temporarily or permanently.
2. Acceptable Use of the Services
You are accountable for your utilization of the Services, as well as any usage of the Services conducted through your account. Our aim is to establish a constructive, beneficial, and secure user experience.
3. Your Representations and Warranties
You also confirm and assure that you do not fall into any of the following categories: (1) being registered under the laws of, operating from, or ordinarily residing in a country or territory targeted by comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) appearing on a list of individuals or entities prohibited or restricted from engaging in certain activities, such as the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons; or (3) being subject to U.S. sanctions in any other way.
You also confirm and assure that you do not fall into any of the following categories: (1) being registered under the laws of, operating from, or ordinarily residing in a country or territory targeted by comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) appearing on a list of individuals or entities prohibited or restricted from engaging in certain activities, such as the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons; or (3) being subject to U.S. sanctions in any other way.
4. Submission of Content
By submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials (collectively referred to as "Content") on the Service, you agree to grant Langony a comprehensive and perpetual license. This license allows Langony to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate into other works, and sublicense the Content through multiple tiers. The license is full-paid, royalty-free, irrevocable, worldwide, non-exclusive, and transferable. Once you submit Content to the Service, you cannot terminate this license.
You confirm that you either own the necessary legal rights for the Content you submit, or you have obtained the required permissions. This allows Langony, you, and others as described in these Terms of Use to use the Content. You acknowledge that other users will have access to the Content, and neither they nor Langony have an obligation to maintain its confidentiality.
You agree not to upload, display, or provide any Content through the Service that: (i) is defamatory, libelous, abusive, threatening, harassing, hateful, offensive, or violates any law or the rights of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) is deemed objectionable by Langony, restricts or inhibits others from using the Service, or may cause harm or liability to Langony or its users, at Langony's sole discretion.
5. Indemnification of Langony
You agree to protect, reimburse, and exempt Langony, its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from any and all losses, claims, legal actions, obligations, liabilities, and damages, including attorney's fees. This applies to any issues arising from or connected to your access or use of the Service, any false statements made to us (within these Terms of Use or otherwise), your violation of any of these Terms of Use, or any claim asserting that any translation provided by us is inaccurate, inappropriate, or defective in any manner.
6. License to Apps
Subject to the terms outlined in these Terms of Use, Langony grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in its object code form solely on an interactive wireless device that you own or control. It is prohibited to attempt to obtain the source code of any App, allow any third party to do so, or engage in activities such as reverse engineering, decompiling, disassembling, or translating any App or its components. Langony and its licensors own and will retain all intellectual property rights and other rights related to the Apps, including any modifications or corrections made to them.
The following Terms of Use specifically apply if you are using the Apps from the Apple App Store. If any other terms in these Terms of Use are less restrictive or conflict with the terms in this paragraph, the more restrictive or conflicting terms of this paragraph will apply solely to the Apps from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Langony, and Apple bears no responsibility for the Apps or their content. Your use of any App must comply with the App Store Terms of Service. Apple is not obligated to provide any maintenance or support services for the Apps. If an App fails to meet any applicable warranty, you can notify Apple and receive a refund if applicable. Apple's warranty obligations are limited to the extent permitted by applicable law, and any other claims, losses, liabilities, damages, costs, or expenses arising from warranty failures will be governed solely by these Terms of Use.
You and Langony acknowledge that Apple is not responsible for addressing any claims made by you or any third party regarding the Apps or your possession and use of any App. This includes, but is not limited to, product liability claims, claims of non-compliance with legal or regulatory requirements, and claims arising from consumer protection or similar legislation. In the event of any third-party claim that an App or your possession and use of it infringes on their intellectual property rights, Langony, not Apple, will be solely responsible for investigating, defending, settling, and resolving such claims to the extent required by these Terms of Use.
When using any App, you must comply with applicable terms of agreement with third parties. You and Langony acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms of Use in relation to your license of the Apps. By accepting these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary.
7. In-App Purchases
If you choose to purchase a recurring subscription through the Service, your Langony account will be billed continuously for the subscription until you cancel it as explained below. Once your initial subscription period ends, and subsequently after each renewal period, your subscription will automatically renew for an equivalent additional period. If you do not want your subscription to renew automatically or if you wish to modify or terminate your subscription, you must log in to your Langony account and follow the provided instructions, even if you have deleted your account.
Within the Service, you have the option to purchase limited, personal, non-transferable, non-sublicensable, and revocable licenses to use virtual currency (referred to as "virtual gems," among other forms) solely within the Service, as well as virtual in-app items. These together are referred to as "Virtual Items." You are only permitted to acquire Virtual Items through the Service and not through any other means.
Langony retains the right to manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Langony may also adjust the pricing of Virtual Items at its sole discretion and introduce new Virtual Items for additional fees. In exercising these rights, Langony will not be liable to you or any third party.
The transfer of Virtual Items is prohibited unless expressly authorized within the Service. Apart from such authorized transfers, you are not allowed to sell, redeem, or transfer Virtual Items to any individual or entity, including but not limited to the company, another user, or any third party.
You are responsible for paying all fees and applicable taxes incurred by you or anyone using a Langony account registered to you. Langony reserves the right to revise the pricing of goods and services offered through the Service at any time. All information provided in connection with a purchase, transaction, or any monetary interaction with the Service must be accurate, complete, and up-to-date. You agree to bear all charges incurred by users of your credit card, debit card, or other payment methods used in connection with a purchase, transaction, or any monetary interaction with the Service at the prices in effect at the time of such charges. Additionally, you are responsible for any applicable taxes associated with such purchases, transactions, or other monetary interactions.
8. Payment Processors
All monetary transactions associated with the Service will be handled by a third-party payment processor, subject to their specific terms of use, privacy policy, and any relevant payment Terms of Use. We recommend familiarizing yourself with the practices of the respective third party. Langony will not be held responsible for the actions or failures of any third-party payment processor, including but not limited to system disruptions or payment service interruptions.
9. Refund Policy
All payments made are nonrefundable, and there will be no refunds or credits issued for Virtual Items or partially utilized membership periods. However, Langony reserves the right to grant refunds or credits on a case-by-case basis at its sole discretion. It should be noted that Langony's decision to provide a refund or credit in one instance does not create an obligation to do so in the future, regardless of circumstances. If you choose to cancel your recurring subscription to a paid Langony service, you will retain access to the service until the conclusion of your current billing cycle.
10. Third-Party Links, Sites, and Services
The Service may feature links to third-party websites, advertisers, services, special offers, or events that are not owned or controlled by Langony. We do not endorse or assume responsibility for any content, information, materials, products, or services provided on these third-party sites. If you choose to access any such third-party website, service, or content through Langony, please note that our Terms of Use and Privacy Policy do not apply to your use of those sites. You acknowledge and agree that Langony is not responsible or liable, directly or indirectly, for any damage or loss incurred as a result of your use of any third-party website, service, or content.
The Service may also include advertisements that are targeted based on the Content or information available on the Service. The nature and extent of advertising on the Service may change over time. By accessing and using the Service, you agree that Langony, along with its third-party providers and partners, may display such advertising in connection with the display of content or information submitted by you or others, as a condition of granting you access to the Service.
11. Termination
Langony reserves the right to terminate your access and use of the Service at any time, without prior notice or reason. Upon termination, you will no longer have the right to use the Service. You also have the option to terminate your Langony account at any time by following the instructions provided within the Service. Please note that certain sections of these Terms of Use, specifically Sections 1, 3, 5, and 7-23, will continue to be in effect even after termination.
12. Proprietary Rights in Service Content and Activity Materials
The content provided through the Service, including designs, text, graphics, images, information, software, audio files, and other materials (referred to as "Service Content"), is the exclusive property of Langony or its licensors. You are not allowed to modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell any part of the Service Content, in whole or in part, unless expressly permitted in these Terms of Use. Using data mining, robots, scraping, or similar methods to gather or extract Service Content is strictly prohibited.
Regarding the educational activities available on the Service, any data, information, and materials generated as a result of your access and use of these activities (referred to as "Activity Materials"), including any translated content you create, are the sole property of Langony. You do not have the right to use such Activity Materials except as explicitly authorized in these Terms of Use. By using the Service, you agree to assign all rights, including intellectual property and proprietary rights, in the Activity Materials to Langony. Any rights not expressly granted in these Terms of Use are reserved to Langony and its licensors.
13. Trademarks
The name "Langony" and all other trademarks, service marks, graphics, and logos associated with the Service are either trademarks or service marks owned by Langony or their respective owners. Some of these marks are registered with the United States Patent and Trademark Office or other trademark authorities. Your access and use of the Service do not grant you any right or license to reproduce or use the Langony name or any trademarks, service marks, graphics, or logos of Langony or third parties, unless expressly authorized.
14. Governing Law
These Terms of Use are subject to and shall be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, irrespective of your country of origin or the location from which you access the Service. Any conflicts of laws provisions are excluded from governing these Terms of Use.
15. Choice of Forum
Except for disputes subject to Section 24 (Dispute Resolution & Arbitration), any legal actions or proceedings concerning these Terms of Use or the Service shall be initiated in the state or federal courts located in Allegheny County, Pennsylvania. Both parties agree to submit to the personal jurisdiction of these courts and waive any objections to venue in such courts.
16. Language
In the event of any conflict between the English (US) version of this agreement and any translated version, the English version shall prevail and control.
17. California Resident
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.
18. Additional Terms for Android Users in China
These Terms of Use establish a contractual agreement between you and AlmazApp Inc., a Delaware corporation based in the United States. All paid Langony Services are developed and operated from the United States, and any payments made for Langony Services are directed to AlmazApp Inc. in the United States. Therefore, by purchasing or subscribing to a paid Langony service, you acknowledge and agree that you are acquiring an offshore service that originates from the United States.
19. Dispute Resolution & Arbitration
According to this section, any dispute or claim seeking monetary relief related to these Terms of Use or the Service will be resolved through binding arbitration on an individual basis. Before initiating arbitration, the party initiating the claim must first send a written Notice of Claim to the other party, including specific information about the claim and the relief sought. The parties will then engage in at least one settlement conference in an attempt to reach a resolution. If no settlement is reached, arbitration will proceed.
The arbitration will be conducted by a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules and the provisions outlined in this section. If the AAA is unavailable, alternative arbitration methods may be agreed upon. The arbitration will be conducted in English.
If a claim falls within the jurisdiction of a small claims court, either party may choose to have the case heard in that court instead of proceeding with arbitration.
If twenty-five or more similar arbitration claims are filed against or on behalf of the same party, the AAA's Supplementary Rules for Multiple Case Filings may apply. However, class or collective arbitration and joinder of claims are generally not permitted, unless otherwise provided for in the AAA's Supplementary Rules.
Individuals who do not wish to resolve disputes with Langony through arbitration may opt out of this arbitration agreement within 30 days of their first access or use of the Service by sending an email to almazappstudio@gmail.com.
Both parties retain the right to seek non-monetary, injunctive remedies or urgent relief in court without going through arbitration or informal dispute resolution processes.
20. No Representations or Warranties by Langony
The Service, including all images, audio files, and other content contained within it, as well as any other information, property, and rights granted or provided to you by Langony, are provided on an "as is" basis. Langony and its suppliers do not make any representations or warranties of any kind, either express or implied, regarding the Service. All such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Langony does not make any representation or warranty regarding the accuracy, availability of the Service, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the Service may be unavailable during periods of high demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for other reasons. Please note that some jurisdictions may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
21. Limitation of Types of Damages or Limitation of Liability
To the fullest extent permitted by applicable law, Langony shall not be liable to you or any third party claiming through you (whether based on contract, tort, strict liability, or any other theory) for indirect, incidental, special, consequential, or exemplary damages arising from or related to the access or use of, or inability to access or use, the Service or any part thereof. This includes but is not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages resulting from the loss or corruption of data, data inaccuracy, the cost of recovering any data, the cost of substitute services, or claims by third parties for any damage to computers, software, modems, telephones, or other property, even if Langony has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Langony's liability to you or any third party claiming through you for any cause of action, regardless of the form of the action, is limited to the amount paid, if any, by you to Langony for the Service within the 12 months preceding the initial action giving rise to liability. This limitation of liability is an aggregate limit, and the existence of more than one claim will not increase this limit.
You acknowledge and agree that we have established our prices and entered into these Terms of Use with you based on the limitations of liability outlined in these terms, which allocate the risks between us and serve as the foundation of our agreement.
22. Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.langony.com/privacypolicy. By using the Service, you consent to the terms of the Privacy Policy.
23. Miscellaneous
These Terms of Use represent the complete agreement between Langony and you regarding the subject matter discussed herein. If any provision of these Terms of Use is deemed unenforceable by a court or other competent jurisdiction, such provision will be limited or removed to the minimum extent necessary, while the remaining terms will continue to be fully effective. The failure of Langony or you to enforce any provision of these Terms of Use or to address any breach thereof on a particular occasion does not waive that provision or any subsequent breach. Langony has the right to assign its rights or obligations under these Terms of Use without any conditions. These Terms of Use are binding on Langony and you, as well as on their respective successors and permitted assigns, and will be enforceable for their benefit.
Last revised on Jun 5th, 2023