Lingofonex

End User License Agreement

Last Updated: July 8, 2025

Welcome to Lingofonex!

The terms and conditions of this End User License Agreement (the "Agreement" or "EULA") govern the access and use of the Lingofonex application ("Application"), owned and operated by Lingofonex, LLC ("Lingofonex," "we," "us," or "our"), by all users of the Application ("User," "you," or "your").

YOUR ACCESS TO AND USE OF THE APPLICATION IS CONDITIONAL ON YOUR ACCEPTANCE OF THIS AGREEMENT. BY ACCESSING AND USING THE APPLICATION, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF ANY ORGANIZATION, ENTITY, OR OTHER PERSON ON WHOSE BEHALF YOU MAY ACT TO ACCEPT AND ABIDE BY THIS AGREEMENT FOR EVERY USE OF THE APPLICATION. PLEASE DO NOT DOWNLOAD, ACCESS, OR USE THE APPLICATION IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT.

By agreeing to this End User License Agreement, you also agree to the terms of our Privacy Policy available at https://www.lingofonex.com/privacy-policy.  

THIS AGREEMENT CONTAINS A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

Please read this Agreement carefully before accessing and using the Application. 

Updates to this Agreement

We reserve the right to modify this Agreement at any time by posting an updated version on the Application or our website located at https://www.lingofonex.com/eula. You are responsible for regularly reviewing this Agreement. Your continued use of the Application after the effective date of a change constitutes your acceptance of the updated Agreement. If any modification is unacceptable, you shall cease using the Application. If you have any questions about this Agreement, contact us at info[at]lingofonex.com.

Eligibility

You may only use the Application if you comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 16 or older to use our Application. Any access to or use of the Application by Users under 16 violates this Agreement. The Application may not be available in certain geographical jurisdictions or to Users who have been previously removed from the Application by us.

Access to the Application may not be legal or permitted in all countries or by all persons. Users are responsible for compliance with local laws when using the Application.

Our Application allows Users to quickly communicate in a foreign language completely offline using Android mobile devices (no network connection required). The Application currently provides translation services in Czech, German, English, Spanish, French, Italian, Polish, Portuguese, Romanian, Russian, Ukrainian, and Chinese ("Translations"). We reserve the right, in our sole discretion, to make any changes to the Application that we deem necessary or useful to maintain and enhance the quality of the Application and to comply with applicable laws and regulations. Additionally, we expressly reserve the right to change, modify, or stop supporting certain language Translations at any time. 

We grant you a limited license to download one (1) copy of our Application on your mobile, tablet, and other compatible devices to access and make personal, non-commercial use of the Application for its intended purpose and subject to the terms of this Agreement. Our Application may not be compatible with all devices, carriers, or service providers, and we make no promises regarding compatibility. The rights granted under this Agreement are personal, and you may not transfer or otherwise share your rights under this Agreement with any third parties.

The use of the Application is subject to your fulfillment of all requirements stipulated in this Agreement. The rights granted to you under this Agreement are limited to our and our licensors’ intellectual property rights in the Application. Software products not proprietary to Lingofonex, including, without limitation, Third-Party Content (defined below), are licensed separately from their respective proprietary owner(s). Lingofonex, our licensors, or designees reserve all rights not expressly granted in this Agreement.

The Application is solely a technology tool to help Users translate between the languages the Application supports. Users are solely responsible for their inputs and the associated outputs of the Translations, as well as for any corresponding decisions or actions based on the Translations. Specifically, and without limitation, the following disclaimers explain important limitations about the Application. By using the Application, you agree to accept these limitations as part of your agreement with us and agree not to hold us responsible for the following:

We will, at our sole discretion, deliver enhancements, bug and error fixes, updates, and upgrades to the Application that are made generally and commercially available. The Application is maintained and receives periodic updates and upgrades through releases. We will use reasonable efforts to schedule releases so that any impact on the availability and performance of the Application is kept to a minimum. However, we make no promise that the Application will be available to you at all times. You acknowledge that any updates or upgrades to the Application are entirely at our discretion, and we do not represent or in any way guarantee that additional updates or upgrades will be made to the Application. 

You may request support by email to info[at]lingofonex.com or on our Website at www.lingofonex.com/contact. We will strive to respond to support requests within 24 hours; however, we make no guarantees that we will respond within a specific timeframe or that we will resolve all support requests satisfactorily.

Your access to the Application is tied to the user account you used to download it from the applicable app store (e.g., Apple App Store, Google Play Store) at the time of installation. You may only download, access, and use the Application through an account that you own or for which you have been granted express authorization. You are not permitted to share, sublicense, or otherwise transfer your rights to access or use the Application to any third party. If you wish to associate the Application with a different account, you must first delete the Application from your device and then re-download it using the desired account credentials. Unauthorized use of another person’s account or sharing access credentials is strictly prohibited and may result in the termination of your right to access and use the Application.

You are solely responsible for ensuring your compliance with this Agreement and for all acts and omissions that occur under your use of the Application. This includes any decisions, actions, or failures to act that arise from reliance on Translations or other content generated by the Application. You are also responsible for maintaining the security and confidentiality of your account credentials and for all content created, accessed, or stored through the Application on your mobile device or associated with your account. We are not liable for any unauthorized access to your account or loss of data resulting from your failure to safeguard your device, credentials, or account settings.

You acknowledge and agree that the Application contains proprietary information protected by applicable intellectual property and other laws.  In using the Application, you must comply at all times with all applicable laws, including, without limitation, all intellectual property, and will not take any action that harms or violates the rights of Lingofonex or any other person or entity. Without limitation, you agree not to:

We reserve the right to investigate and take appropriate legal action, including suspension or termination of your account and removal of content, if you violate this Agreement or any applicable law, or if your conduct is otherwise objectionable to us, even if not expressly outlined in this Agreement.

You acknowledge that this Agreement is between you and Lingofonex only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"), and Lingofonex, not an App Distributor, is solely responsible for the Application and any content available through the Application. 

The license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service. We are solely responsible for providing any maintenance and support services related to the Application, as specified in this Agreement, or as required by applicable law. You acknowledge that each App Distributor has no obligation to furnish any maintenance and support services with respect to the Application. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, according to their terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. 

You acknowledge that we, not the App Distributor, are responsible for addressing any claims relating to the Application or your use of the Application, including any claim that the Application fails to conform to any applicable legal or regulatory requirement; and any claims arising under consumer protection or similar legislation. You acknowledge that, if any third party claims that the Application infringes a third party’s intellectual property rights, the App Distributor is not responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim. 

You acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your first access and use of the Application, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. 

Certain features or functionality of the Application may be made available to you for a fee ("Paid Features"). Paid Features may include one-time purchases or recurring subscription-based services, at the specified amount and duration, as indicated at the time of purchase through the App Distributor. All purchases of Paid Features are processed through the applicable App Distributor, such as the Apple App Store or Google Play Store. We do not collect, access, or store any financial or billing information used to complete these transactions.

When you purchase Paid Features on a recurring basis (e.g., monthly subscription), you authorize the App Distributor to charge the payment method associated with your app store account at the beginning of each billing cycle, and you agree to maintain accurate and up-to-date payment information with the App Distributor. If the App Distributor is unable to successfully charge your payment method for any reason, including expiration or insufficient funds, your access to the Paid Features may be suspended or terminated until payment is received.

YOU ACKNOWLEDGE AND AGREE THAT BY PURCHASING PAID FEATURES ON A RECURRING (E.G., MONTHLY OR ANNUAL) BASIS, YOU AUTHORIZE US TO CHARGE YOU AUTOMATICALLY ON A RECURRING AND PERIODIC BASIS AS SPECIFIED AT THE TIME OF PURCHASE AND UNTIL YOU CANCEL SUCH PAID FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION, IF APPLICABLE, WILL AUTOMATICALLY RENEW FOR SUCCESSIVE EQUAL TERMS UNTIL CANCELLED BY YOU.

Except as otherwise required by the App Distributor, all fees are considered non-cancellable and non-refundable when paid, and no full or partial refunds will be permitted if you cancel your subscription before the end of the applicable subscription period.

The terms of your payment, including renewal, cancellation, and refunds, are governed by the App Distributor’s applicable terms and policies. You are solely responsible for managing your subscription settings and cancellation through your App Distributor account. Deleting the Application from your device will not cancel your subscription or entitle you to a refund.

We reserve the right to modify, suspend, or discontinue any Paid Features, or to adjust pricing, at any time, with or without notice, provided that such changes will not apply retroactively to charges already incurred. Your continued use of the Paid Features after the fee change comes into effect constitutes your agreement to pay the updated fees. 

We may provide you with access to Paid Features, free of charge, to evaluate their features and functionalities ("Free Trial"). You may be required to enter your billing information to sign up for a Free Trial. UNLESS YOU CANCEL THE PAID FEATURES BEFORE THE END OF THE FREE TRIAL, YOU WILL BE AUTOMATICALLY CHARGED FOR ALL THE APPLICABLE FEES FOR PAID FEATURES PURCHASED BY YOU FOR THE REMAINDER OF THE PERIOD.

Prices for any Paid Features are exclusive of any applicable taxes, including, without limitation, value-added tax (VAT), goods and services tax (GST), sales tax, use tax, digital services tax, or any similar charges imposed by tax authorities in any jurisdiction (collectively, "Taxes"). You are solely responsible for the payment of all such Taxes arising from your access to or use of the Application or the purchase of Paid Features, other than Taxes based on our income. For users located in the European Union, the United Kingdom, or any other jurisdiction that collects taxes from digital services, any applicable VAT or other digital services-related taxes may be calculated and collected by the App Distributor (e.g., Apple, Google) in accordance with their respective policies and local tax regulations. We do not collect or remit such Taxes directly unless expressly required to do so by law. 

You may terminate this Agreement at any time by deleting our Application and ceasing all use of the Application. We, without prior notice, may terminate your license to use the Application at any time if, in our sole discretion, your use of the Application is in violation of this Agreement or applicable laws or if we otherwise reasonably believe that your use of the Application could cause damage to the Application, the rights of other Users, or for any other reason, even if not expressly outlined in this Agreement. You must delete and cease all use of the Application immediately upon termination of your license to use the Application by us. Our right to terminate your license to the Application does not limit our right to seek any other remedy under this Agreement or at law. Termination of this Agreement for any reason does not impact either party’s rights or obligations related to the use of the Application before termination, and each party continues to be bound by the terms of this Agreement after termination for all use of the Application occurring before this Agreement’s termination.

The Application is licensed, not sold, to you, and we retain all rights, title, and interest in and to the Application, including, without limitation, the software code used to provide the Application, our trademarks (all names and logos), and all other content provided on or through the Application by us (collectively, "Lingofonex IP"). This Agreement does not grant you any right to modify, distribute, license, sell, transfer, publicly display, perform, or otherwise exploit the Lingofonex IP other than as expressly provided in this Agreement. No rights are granted to you other than as provided in this Agreement, and you agree not to take or permit any actions or inactions that would impair the rights of Lingofonex or our licensors in the Lingofonex IP.

You may provide us with notes, emails, postings, letters, suggestions, reviews, concepts, or other written materials related to the Application (collectively, "Feedback"). You acknowledge and agree that all Feedback will be our property exclusively, and you do not maintain and will not assert any ownership, intellectual property rights, or other rights to the Feedback. You further agree that we may publicly display, modify, create derivative works of, or otherwise use the Feedback for any legitimate purpose. Should the ownership of the Feedback be found under applicable law not to be our property exclusively, you hereby grant us or our designees a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use any Feedback provided by you relating to the Application for any legitimate purpose.

The Application was designed and built with User privacy in mind, and all data is processed and maintained on the User’s mobile device and not shared with us. It is still possible, however, that we may receive certain Personal Information (defined in our Privacy Policy) that you share directly with us or which is provided to us by third parties (such as your mobile device provider in the case of a crash report). Our Privacy Policy outlines the categories of Personal Information and other data we may collect, as well as how we collect, store, and use it. By accepting this Agreement, you expressly consent to our disclosure and use of your Personal Information as described in our Privacy Policy. 

We encourage you to read our Privacy Policy before you use the Application.

The Application may incorporate, display, or provide access to content, data, information, services, or materials provided by third parties and not owned or controlled by us ("Third-Party Content"), including, without limitation, translation engines, dictionaries, external APIs, advertising, or links to third-party websites or services. We do not control, endorse, or assume any responsibility for any Third-Party Content, including its accuracy, completeness, legality, reliability, or appropriateness. Access to or use of any Third-Party Content is at your own risk and may be subject to separate terms and privacy policies established by the relevant third-party providers. Certain links, services, or resources presented within the Application may be sponsored or monetized. While we do not share User data, including Personal Information, with Third-Party Content providers, they may be able to associate your use of the Application with your activity when you click on or interact with Third-Party Content. We make no representations or warranties regarding the content, products, services, or practices of any third party, and we expressly disclaim all liability arising from or relating to your use of or reliance on any Third-Party Content or your interactions with third-party providers. You expressly relieve us from any liability arising from your use of Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we are not responsible for any reliance or damages relating to your use of Third-Party Content.

Portions of the Application may include Open Source Software, which is subject to third-party terms and conditions. "Open Source Software" or "OSS" means all software that is distributed as "open source software" or under similar licensing or distribution terms (including, without limitation, to the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Affero General Public License (AGPL), Mozilla Public License (MPL), BSD licenses, the Artistic License, the Netscape Public License, the Sun Community Source License (SCSL), the Sun Industry Standards License (SISL) and the Apache License). A list of all third-party OSS and their related terms used in the Application is available by sending an email to info[at]lingofonex.com. If there is a conflict between any third-party OSS terms and the terms of this Agreement, the third-party OSS terms shall prevail, but solely in connection with the related third-party OSS. Notwithstanding anything in this Agreement to the contrary, we do not provide any warranty or guarantee with respect to any third-party OSS.

WE PROVIDE THE APPLICATION ON AN "AS-IS," "AS-AVAILABLE," AND "WITH ALL FAULTS" BASIS. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (III) DEFECTS IN THE APPLICATION, IF ANY, WILL BE CORRECTED; OR (IV) THE TRANSLATION, INFORMATION, OR CONTENT PROVIDED ON OR THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, OR CURRENT. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION AND ANY CONTENT PROVIDED BY US ON THE APPLICATION ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE SPECIFIC ADVICE OR ENDORSEMENT.

LINGOFONEX EXPRESSLY WAIVES ANY LIABILITY OR RESPONSIBILITY RELATING TO THE APPLICATION, LANGUAGE TRANSCRIPTION SERVICES, OR ANY ACTIONS OR INACTIONS TAKEN BY YOU OR OTHERWISE RELATED TO YOUR USE OF THE APPLICATION. IF YOU PROVIDE ACCESS TO THE APPLICATION OR TRANSLATIONS FROM THE APPLICATION TO THIRD PARTIES, YOU ASSUME RESPONSIBILITY FOR SUCH ACTIONS AND AGREE TO HOLD LINGOFONEX AND ITS AFFILIATES AND LICENSORS HARMLESS FROM AND AGAINST ANY LIABILITIES WHATSOEVER RELATED TO THE ACCESS TO THE APPLICATION PROVIDED BY YOU. 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE APPLICATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, RELIANCE, LOST DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE APPLICATION; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY TRANSLATIONS OR MESSAGES YOU SEND US; (III) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE APPLICATION OR TRANSLATIONS. 

USERS ARE SOLELY RESPONSIBLE FOR THE ACTIONS OR INACTIONS THEY TAKE AS A RESULT OF THE TRANSLATIONS PROVIDED BY THE APPLICATION, AND WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR YOUR PROPERTY RESULTING FROM ANY SUCH ACTS OR OMISSIONS. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE 12-MONTH PERIOD PRECEDING THE DATE OF THE MOST RECENT ACT OR OMISSION GIVING RISE TO OUR LIABILITY. ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS LINGOFONEX AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS ("INDEMNIFIED PARTIES'') FROM ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE APPLICATION THAT, WITHOUT LIMITATION, INCLUDES: (I) YOUR ACCESS TO OR USE OF THE APPLICATION FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (II) YOUR USE OF THE TRANSLATIONS PROVIDED THROUGH THE APPLICATION; (III) YOUR VIOLATION OF THIS AGREEMENT; OR (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY. IN ANY EVENT, WE WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF OUR OWN CHOOSING AT OUR OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION REQUIRING THE PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO SUBSECTIONS (I) THROUGH (IV) ABOVE.

You acknowledge and agree that we provide the Application in reliance upon the disclaimers of warranty and the limitations of liability contained in this Agreement and that the terms of this Agreement reflect an allocation of risk between you and us (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the provisions herein form an essential basis of the bargain between you and us. If you are subject to applicable laws that prohibit you from indemnifying us or prohibit you from entering into the risk allocation arrangement as outlined in this Agreement, then the terms will apply to you to the fullest extent permitted by applicable law. The parties agree that each wishes to enforce the provisions of this Agreement to the maximum extent permitted by applicable law.

If a dispute arises between you and any third party in connection with your use of the Application or any Translations, you agree to release Lingofonex (and our affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

To the maximum extent permitted by applicable law, you hereby release and hold harmless Lingofonex, our affiliates, officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, or expenses (including attorneys’ fees) arising out of or in any way related to any dispute, interaction, or relationship between you and any third party in connection with your use of the Application or any Translations generated, processed, or delivered through the Application. This includes, without limitation, any content you share with third parties, decisions made in reliance on Translations, or any misunderstanding, error, or harm resulting from your use or distribution of Translations. You acknowledge that you assume all risk arising from your communications or dealings with third parties in connection with your use of the Application. You hereby waive California Civil Code §1542 (or any similar laws in another jurisdiction), which states:

A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, and that, if known by them, would have materially affected their settlement with the debtor or released party.

You acknowledge and agree that this waiver is an essential and material term of this release and that without such waiver, the Licensor would not enter into this Agreement.

This Agreement and any other terms and agreements incorporated herein by reference constitute the entire agreement between you and us concerning the Application.

If any provision of this Agreement is considered invalid, illegal, or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Our failure at any time to enforce any of the provisions of this Agreement or any right or remedy available under this Agreement or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. A waiver of any default by us will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or affect such section.

For any dispute with us, you agree to first contact us at info[at]lingofonex.com and attempt to resolve the dispute informally for at least 90 days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity of any provision, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (AAA) under the Commercial Arbitration Rules. Each party will be responsible for paying AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The arbitration shall be conducted in Santa Cruz County, California, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party in any arbitration is entitled to the costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses. This arbitration provision is governed by the Federal Arbitration Act.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The laws of the United States and the State of California shall govern this Agreement without regard to conflict of laws principles. Any dispute between the parties excluded from the arbitration agreement or that cannot be heard in small claims court shall be resolved in the United States District Courts for the Northern District of California, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Courts for the Northern District of California, then the exclusive forum and venue for any such action shall be the state courts located in Santa Cruz County, California, and the parties hereby submit to the personal jurisdiction of that court.

Nothing in this Agreement shall exclude or limit any rights you may have under applicable mandatory consumer protection laws in the jurisdiction where you reside. However, to the fullest extent permitted by applicable law, this Agreement shall be interpreted and enforced in accordance with its written terms.

You acknowledge that a breach of the section of this EULA entitled ‘Proprietary Rights’ could cause irreparable injury to us that may not be adequately compensated in monetary damages. In the event of such a breach, we shall be entitled to seek equitable relief to protect our interests, including preliminary and permanent injunctive relief.

By downloading the Application, you consent to receive our related communications and notices electronically through the Application, and you agree that all agreements, notices, disclosures, and other communications that we provide to you via the Application satisfy any legal requirement for such communications to be in writing. You may also send us physical notices at the address specified below.

You may not use, export, re-export, import, or transfer the Application except as authorized under the export control and sanctions laws of the jurisdiction in which the Application was originally downloaded, as well as any other applicable laws and regulations. Without limiting the foregoing, you represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country or region that is subject to applicable export restrictions or trade sanctions; or (b) listed on any governmental list of prohibited or restricted parties, including but not limited to any list maintained by the United States government, the European Union, or other relevant authorities. You agree not to use the Application for any purposes prohibited by applicable law, including, without limitation, in connection with the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons, or in connection with terrorist activities or organizations designated under applicable law. You further agree not to provide access to the Application or any portion thereof to any person or entity in violation of such laws or regulations.

This Agreement may be translated into other languages for your convenience. However, the English-language version of this Agreement will control in the event of any conflict, ambiguity, or inconsistency between the English version and any translated version. You acknowledge and agree that the English version reflects the original intent of the parties and governs your use of the Application. Any translations of this Agreement are provided solely for reference and do not create any binding obligations beyond those set forth in the English version. If you are not fluent in English, you are responsible for ensuring you understand the terms before using the Application.

For questions regarding this End User License Agreement, contact us at info[at]lingofonex.com, or by mail at:

Lingofonex, LLC

2108 N ST STE N

SACRAMENTO COUNTY

Sacramento, CA, 95816, USA