Terms and Conditions

Last Updated: January 2025

Agreement to Terms

Welcome to LangBuddy! These Terms and Conditions ("Terms") govern your access to and use of the LangBuddy mobile application, website, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

IMPORTANT: These Terms contain an arbitration clause and class action waiver (Section 19) that affects your rights. Please read carefully.

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1. Definitions

- "LangBuddy," "we," "us," "our": Refers to [Your Company Legal Name]

- "Service": The LangBuddy mobile application and all related services

- "User," "you," "your": Any person who accesses or uses the Service

- "Account": Your registered user account on LangBuddy

- "Content": Text, audio, images, data, or other materials on the Service

- "Premium Features": Paid subscription features and services

- "Free Tier": Basic features available without subscription

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2. Eligibility

2.1 Age Requirements

You must be at least 13 years old to use LangBuddy. If you are between 13-18 years old, you may only use the Service with parent or legal guardian consent and supervision.

2.2 Account Capacity

By creating an account, you represent and warrant that:

- You have the legal capacity to enter into a binding contract

- You will provide accurate and complete registration information

- You will maintain the security of your account credentials

- You will promptly update your account information as needed

2.3 Restricted Territories

The Service may not be available in all countries. You may not use the Service if:

- Use is prohibited by law in your jurisdiction

- You are located in a country subject to U.S. embargo

- You are on a U.S. government restricted parties list

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3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account providing:

- Valid email address

- Username

- Secure password

- Language learning preferences

3.2 Account Security

You are responsible for:

- Maintaining confidentiality of your password

- All activities that occur under your account

- Notifying us immediately of unauthorized access

- Ensuring your account information is accurate

We are not liable for losses from unauthorized account use if you fail to maintain adequate security.

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

- Violate these Terms

- Engage in fraudulent activity

- Abuse or harass other users or our staff

- Attempt to circumvent payment or usage limits

- Remain inactive for more than 2 years

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4. Service Description

4.1 Core Features

LangBuddy provides:

- Interactive Lessons: Structured language learning content

- AI Conversation Practice: AI-powered speaking practice sessions

- Vocabulary Building: Word lists, favorites, and review tools

- Progress Tracking: Streaks, XP, levels, and achievement system

- Speech Recognition: Voice input and pronunciation feedback

4.2 Free vs. Premium Tiers

Free Tier Includes:

- Limited daily AI conversations (10 messages/day)

- Access to Beginner lessons

- Basic progress tracking

- Limited session time (5 minutes/session)

- 20 vocabulary favorites maximum

- Advertisements

Premium/Pro Tiers Include:

- Unlimited AI conversations

- All lesson levels (Beginner, Intermediate, Advanced, Pro)

- Extended/unlimited session time

- Unlimited vocabulary favorites

- Ad-free experience

- Offline mode

- Priority support

- Premium AI voices

- Advanced analytics

4.3 Service Availability

We strive to provide 99.5% uptime but do not guarantee:

- Uninterrupted or error-free service

- Availability at all times

- Freedom from viruses or harmful components

The Service may be unavailable due to:

- Scheduled maintenance (announced in advance)

- Emergency repairs

- Circumstances beyond our control

- Internet or third-party service disruptions

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5. Subscription and Payment Terms

5.1 Subscription Plans

Available subscriptions:

- Premium Monthly: $9.99/month

- Premium Yearly: $99.99/year (save 17%)

- Pro Monthly: $19.99/month

- Pro Yearly: $199.99/year (save 17%)

Prices subject to change with 30 days notice.

5.2 Payment Processing

- Payments processed through Apple App Store or Google Play Store

- Managed via RevenueCat subscription service

- Pricing may vary by region due to currency conversion and local taxes

- All prices shown in USD unless otherwise specified

5.3 Billing Cycle

- Subscriptions are billed at the start of each period

- You authorize automatic recurring charges

- Payment method will be charged until you cancel

- First charge occurs immediately upon subscription

5.4 Auto-Renewal

Important: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

To cancel:

- iOS: Settings → [Your Name] → Subscriptions → LangBuddy → Cancel

- Android: Google Play Store → Menu → Subscriptions → LangBuddy → Cancel

- Or through LangBuddy app settings

5.5 Free Trials

- Free trials may be offered for new Premium subscribers

- Trial duration specified at signup (typically 7 days)

- Automatic conversion to paid subscription unless cancelled

- One trial per user (determined by Apple/Google account)

5.6 Refund Policy

General Policy: All subscription fees are non-refundable except:

- Technical issues preventing service access (verified by our team)

- Charges made in error

- Within 7 days of initial subscription purchase

- As required by applicable law

Refund Process:

1. Contact support@langbuddy.com with your order number

2. Explain the reason for refund request

3. We'll review within 5 business days

4. Approved refunds processed within 10 business days

Note: Refunds for App Store/Play Store purchases must be requested through Apple or Google following their policies.

5.7 Price Changes

We may change subscription prices with:

- 30 days advance notice via email

- In-app notification

- Existing subscribers grandfathered at current price for 6 months

- Option to cancel before new price takes effect

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6. User Content and Conduct

6.1 Your Content

You retain ownership of content you create, including:

- Voice recordings

- Conversation transcripts

- Notes and vocabulary lists

- Progress data

By using the Service, you grant us a limited, worldwide, royalty-free license to:

- Store and process your content

- Use content to provide and improve the Service

- Generate anonymized analytics

6.2 Content Standards

You agree NOT to create, upload, or share content that:

- Is illegal, harmful, threatening, abusive, or harassing

- Violates intellectual property rights

- Contains viruses or malicious code

- Impersonates others or misrepresents affiliation

- Contains hate speech, discrimination, or violence

- Is pornographic, sexually explicit, or inappropriate for minors

- Violates privacy of others

- Is spam or commercial solicitation

- Promotes illegal activities

6.3 User Conduct Restrictions

You agree NOT to:

- Reverse engineer the app or attempt to extract source code

- Circumvent usage limits, paywalls, or security measures

- Scrape or harvest data from the Service

- Share accounts or sell access to the Service

- Use bots or automated systems (except accessibility tools)

- Interfere with Service operation or other users' experience

- Impersonate LangBuddy staff or other users

- Collect other users' personal information

- Use the Service for any illegal purpose

6.4 AI Conversation Guidelines

When using AI conversation features:

- Be respectful and appropriate

- No abusive language toward the AI

- No attempts to "jailbreak" or manipulate AI responses

- No use for harmful, illegal, or unethical purposes

- Understand AI responses are for learning purposes only

6.5 Consequences of Violations

Violations may result in:

- Warning notification

- Temporary account suspension

- Permanent account termination

- Legal action if applicable

- No refund of subscription fees

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7. Intellectual Property Rights

7.1 LangBuddy Ownership

All Service content, features, and functionality are owned by LangBuddy and protected by:

- Copyright laws

- Trademark laws

- Patent laws

- Trade secret laws

- Other intellectual property rights

This includes:

- Software code and architecture

- Lesson content and curriculum

- AI models and algorithms

- User interface and design

- Branding and trademarks (LangBuddy name, logo)

- Audio and visual materials

7.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

- Access and use the Service for personal, non-commercial purposes

- Download the app on your devices

- Use features according to these Terms

You may NOT:

- Copy, modify, or distribute Service content

- Create derivative works

- Sell, rent, lease, or sublicense access

- Remove copyright or proprietary notices

- Use our trademarks without written permission

7.3 Third-Party Content

Some content may be provided by third parties:

- Language learning materials from licensed sources

- AI technology from Anthropic

- Analytics from Firebase/Google

Such content is subject to respective third-party terms.

7.4 Feedback and Suggestions

If you provide feedback, ideas, or suggestions:

- You grant us unlimited rights to use them

- No compensation will be provided

- We're not obligated to implement or acknowledge them

- They become our property without attribution

7.5 Copyright Infringement

We respect intellectual property rights. If you believe content on our Service infringes your copyright:

DMCA Notice to: copyright@langbuddy.com

Include:

1. Your contact information

2. Description of copyrighted work

3. Location of infringing material

4. Good faith statement

5. Accuracy statement

6. Physical or electronic signature

We will investigate and remove infringing content promptly.

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8. Privacy and Data Protection

Your privacy is important to us. Our data collection and use practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

- We collect personal and usage data as described in Privacy Policy

- Data is encrypted and securely stored

- We don't sell your personal information

- You can request data deletion

- See Privacy Policy for complete details

By using LangBuddy, you consent to data practices described in our Privacy Policy.

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9. AI-Generated Content Disclaimer

9.1 Nature of AI Responses

LangBuddy uses AI (Claude by Anthropic) for conversation practice. You acknowledge that:

- AI responses are generated by machine learning and may contain:

 - Inaccuracies or errors

 - Outdated information

 - Inappropriate or unexpected content

 - Cultural or contextual mistakes

- AI is not a human tutor and cannot replace:

 - Professional language instruction

 - Cultural expertise

 - Nuanced feedback on complex topics

9.2 No Warranties on AI Content

We do not warrant that AI-generated content is:

- Accurate or error-free

- Complete or comprehensive

- Appropriate for all contexts

- Reflective of current events (AI knowledge has cutoff dates)

9.3 User Responsibility

You are responsible for:

- Verifying information provided by AI

- Using judgment in applying AI responses

- Not relying solely on AI for critical language needs

- Understanding cultural and contextual appropriateness

9.4 Liability Limitation

We are NOT liable for:

- Errors or omissions in AI responses

- Reliance on AI-generated content

- Damages from AI content inaccuracies

- Offensive or inappropriate AI responses

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10. Third-Party Services and Links

10.1 Third-Party Integrations

LangBuddy integrates with:

- Firebase (Google) - Authentication, database, analytics

- Anthropic - AI conversation engine

- RevenueCat - Subscription management

- Apple App Store / Google Play Store - Payment processing

10.2 Third-Party Terms

Use of third-party services is subject to their terms:

- We are not responsible for third-party practices

- Review their terms and privacy policies

- We don't endorse or control third-party services

10.3 External Links

The Service may contain links to external websites:

- We don't control or endorse linked sites

- Links don't imply partnership or affiliation

- Visit external sites at your own risk

- Review privacy policies of visited sites

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11. Disclaimers and Limitations of Liability

11.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

- Merchantability

- Fitness for particular purpose

- Non-infringement

- Accuracy, reliability, or completeness

- Uninterrupted or error-free operation

- Freedom from viruses or harmful components

11.2 Language Learning Results

We make no guarantees about:

- Language proficiency improvements

- Speed of learning

- Test performance (TOEFL, IELTS, etc.)

- Career or academic outcomes

- Fluency achievement

Results vary based on: Individual effort, practice frequency, prior knowledge, learning aptitude, and other factors beyond our control.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANGBUDDY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR:

- Indirect, incidental, special, consequential, or punitive damages

- Lost profits, revenue, data, or opportunities

- Business interruption

- Loss of goodwill or reputation

- Cost of substitute services

- Damages resulting from:

 - Use or inability to use the Service

 - Unauthorized access to your account

 - Errors or omissions in content

 - Third-party conduct

 - AI-generated content inaccuracies

TOTAL LIABILITY CAP: Our aggregate liability is limited to the amount you paid us in the 12 months preceding the claim, or $100 (whichever is greater).

11.4 Jurisdictional Variations

Some jurisdictions don't allow limitation of implied warranties or liability for incidental/consequential damages. In such cases, our liability is limited to the extent permitted by law.

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12. Indemnification

You agree to indemnify, defend, and hold harmless LangBuddy, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

1. Your use or misuse of the Service

2. Violation of these Terms

3. Violation of any law or third-party rights

4. Your Content or conduct

5. Unauthorized access to your account due to your failure to secure credentials

6. Disputes with other users

We reserve the right to assume exclusive defense of any claim, at your expense.

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13. Modification of Service and Terms

13.1 Service Changes

We reserve the right to:

- Modify or discontinue features (temporarily or permanently)

- Add new features or services

- Change lesson content or structure

- Update AI capabilities

- Change pricing or subscription tiers

Notice: Material changes will be announced via:

- In-app notification

- Email to registered address

- 30 days advance notice when possible

We are not liable for modifications or discontinuation.

13.2 Terms Changes

We may revise these Terms at any time by:

- Posting updated Terms in the app

- Sending email notification

- Updating "Last Updated" date

Acceptance: Continued use after changes constitutes acceptance. If you disagree, you must stop using the Service and cancel your subscription.

Material Changes: We'll provide 30 days notice for significant changes affecting your rights.

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14. Account Termination

14.1 Termination by You

You may terminate your account at any time:

- Through app settings → "Delete Account"

- By emailing support@langbuddy.com

- Cancelling doesn't trigger refund (see Section 5.6)

- Data deleted within 30 days per Privacy Policy

14.2 Termination by Us

We may suspend or terminate your account immediately if:

- You breach these Terms

- You engage in fraudulent activity

- Required by law or government request

- Service is discontinued

- We suspect unauthorized use

Effect of Termination:

- Immediate loss of access to Service

- No refund of unused subscription fees (unless required by law)

- Deletion of your data per Privacy Policy

- Survival of certain provisions (indemnification, disclaimers, dispute resolution)

14.3 Cancellation vs. Deletion

- Cancelling subscription: Stops future charges, access continues until period ends

- Deleting account: Immediate loss of access, data deletion process begins

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15. Geographic Restrictions and Export Controls

15.1 Availability

LangBuddy is operated from [Your Country]. We make no representation that the Service is appropriate or available in all locations.

15.2 Access from Other Locations

If you access from outside [Your Country], you do so at your own initiative and are responsible for compliance with local laws.

15.3 Export Controls

The Service may be subject to export control laws. You agree not to:

- Export or re-export the Service

- Use the Service in violation of export controls

- Access the Service from restricted countries

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16. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

- Natural disasters (earthquakes, floods, fires)

- War, terrorism, civil unrest

- Government actions or regulations

- Pandemics or public health emergencies

- Internet or telecommunications failures

- Third-party service outages (Firebase, Anthropic, etc.)

- Cyber attacks or hacking

- Labor disputes

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17. Accessibility

We strive to make LangBuddy accessible to users with disabilities in accordance with applicable laws (ADA, Section 508, WCAG 2.1 Level AA).

Current Accessibility Features:

- Screen reader compatibility (in progress)

- Keyboard navigation support

- Adjustable text sizes

- Voice input alternatives

Feedback: Report accessibility issues to accessibility@langbuddy.com

We will make reasonable efforts to accommodate users with disabilities.

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18. Communications and Notices

18.1 Electronic Communications

By using LangBuddy, you consent to receive communications electronically:

- Email notifications

- In-app messages

- Push notifications (if enabled)

- SMS (if you provide phone number and opt-in)

18.2 Opt-Out

You can opt out of marketing communications:

- Through app settings

- By clicking "unsubscribe" in emails

- Cannot opt out of service-related communications (security, legal, billing)

18.3 Notice to You

We may provide notices by:

- Email to your registered address

- In-app notification

- Posting on our website

Notices are effective when sent.

18.4 Notice to Us

Send notices to:

- Email: legal@langbuddy.com

- Address: [Your Company Legal Address]

Notices must be in writing.

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19. Dispute Resolution and Arbitration

19.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

19.2 Informal Dispute Resolution

Before filing a claim, you agree to contact us at legal@langbuddy.com and attempt to resolve the dispute informally for at least 30 days.

19.3 Binding Arbitration

IMPORTANT - READ CAREFULLY:

You and LangBuddy agree that disputes will be resolved through binding individual arbitration, not in court, except for:

- Small claims court matters (under jurisdictional limit)

- Intellectual property disputes

- Injunctive relief requests

Arbitration Rules:

- Governed by Federal Arbitration Act (FAA)

- Administered by American Arbitration Association (AAA)

- AAA Consumer Arbitration Rules apply

- Arbitrator's decision is final and binding

- One arbitrator appointed per AAA rules

Arbitration Costs:

- We'll pay AAA filing, administration, and arbitrator fees for claims under $10,000

- For claims over $10,000, costs split per AAA rules

- Each party bears own attorney's fees unless awarded by arbitrator

Location:

- Arbitration held in your county of residence

- Or via telephone/video conference

- Or another mutually agreed location

19.4 Class Action Waiver

YOU AND LANGBUDDY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR REPRESENTATIVE.

- No class arbitrations

- No class actions

- No representative actions

- No consolidated proceedings

If class action waiver is found unenforceable, the arbitration agreement doesn't apply to that claim.

19.5 Opt-Out of Arbitration

You may opt out of arbitration by:

- Sending written notice to: legal@langbuddy.com

- Within 30 days of accepting these Terms

- Stating: "I opt out of arbitration"

- Including your name and email address

Opting out doesn't affect other Terms provisions.

19.6 Exceptions to Arbitration

Either party may bring suit in court for:

- Injunctive relief

- Intellectual property infringement

- Small claims court matters

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20. Miscellaneous Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LangBuddy, superseding any prior agreements.

20.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force. The unenforceable provision will be modified to make it enforceable while preserving intent.

20.3 Waiver

Our failure to enforce any right or provision doesn't constitute a waiver. Any waiver must be in writing.

20.4 Assignment

You may not assign or transfer these Terms or your account. We may assign our rights and obligations to any party (e.g., in case of merger or acquisition).

20.5 No Third-Party Beneficiaries

These Terms don't create rights for any third parties.

20.6 Headings

Section headings are for convenience only and don't affect interpretation.

20.7 Survival

Provisions that by nature should survive termination will survive, including: ownership, disclaimers, indemnification, limitations of liability, and dispute resolution.

20.8 Language

These Terms are written in English. Any translations are for convenience only. The English version governs in case of conflicts.

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21. Contact Information

For questions about these Terms:

General Inquiries: support@langbuddy.com 

Legal Matters: legal@langbuddy.com 

Privacy Concerns: privacy@langbuddy.com 

Business Address: [Your Company Legal Address] 

Website: www.langbuddy.com

Business Hours: Monday-Friday, 9 AM - 5 PM [Your Timezone] 

Response Time: We aim to respond within 48 hours

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22. App Store Specific Terms

22.1 Apple App Store

If you download LangBuddy from Apple App Store:

- These Terms are between you and LangBuddy only, not Apple

- Apple has no obligation to provide support

- Apple is not responsible for the app or content

- You comply with Apple Media Services Terms

- Apple is a third-party beneficiary and may enforce these Terms

- You represent you're not in a country subject to US embargo

22.2 Google Play Store

If you download LangBuddy from Google Play:

- These Terms are between you and LangBuddy only, not Google

- Google has no obligation or liability regarding the app

- You comply with Google Play Terms of Service

- Google is a third-party beneficiary and may enforce these Terms

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23. Acknowledgment

BY CREATING AN ACCOUNT OR USING LANGBUDDY, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms 

✓ You agree to be bound by these Terms 

✓ You are of legal age to form a binding contract 

✓ You meet all eligibility requirements 

✓ You have read and agree to the Privacy Policy 

✓ You understand the limitations on liability 

✓ You understand and agree to arbitration and class action waiver 

If you do not agree, do not use LangBuddy.

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These Terms and Conditions are effective as of January 2025.

Last Reviewed: January 2025 

Version: 1.0

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Thank you for choosing LangBuddy for your language learning journey! 🌍📚