End User License Agreement

Last Updated: May 17, 2026

The terms and conditions of this End User License Agreement (the "Agreement" or "EULA") govern the access and use of the mobile translation application ("Application"), which may be distributed under different names, brands, or listings depending on the platform or marketplace, including Pakt Translator and Lingofonex, and which is 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 accessing and using the Application, 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 may modify this Agreement from time to time by posting an updated version within the Application or on our website located at https://www.lingofonex.com/eula. Material changes to this Agreement will become effective after a reasonable notice period following posting or other notice provided through the Application, the applicable App Distributor, email, or our website, unless a shorter period is required for legal, security, operational, or regulatory reasons.

Your continued access to or use of the Application after the effective date of an updated Agreement constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must discontinue use of the Application. Any new downloads, installations, purchases, subscriptions, renewals, or access to new features or functionality after the effective date of an updated Agreement may also be subject to the then-current version of this Agreement.

If you have questions regarding this Agreement, you may 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, or the minimum age required in your jurisdiction, whichever is higher. Any access to or use of the Application by Users under 16 years of age 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.

1. Our Application

The Application is a real-time translation application for iOS and Android devices. The Application enables Users to translate between a broad and evolving set of supported languages using features such as voice input, voice output, text entry, and camera-based text recognition and translation (collectively, "Translations"). Translations generally require at least two supported languages that are available to the User based on the User's device, platform, region, operating system, network connectivity, and applicable purchases, subscriptions, passes, feature unlocks, or other access rights associated with the Application. The availability, quality, accuracy, and functionality of Translations may vary by language pair, dialect, feature set, device, platform, operating system, geographic region, connectivity, or third-party service availability, and not all languages, features, or functionality may be available to all Users.

Certain versions, tiers, features, or functionality of the Application may include advertising-supported access, promotional content, subscriptions, passes, one-time purchases, feature unlocks, trials, or other monetization or access models. The Application may be limited, restricted, modified, suspended, or unavailable depending on the User's purchases, subscription status, access rights, platform, region, device compatibility, connectivity, or other factors described within the Application or at the time of purchase. Advertising or Third-Party Content (defined below), where enabled, may be delivered by third-party providers and may involve the processing of limited technical information necessary to provide, measure, personalize, optimize, or improve such content, as further described in this Agreement and our Privacy Policy.

We may also make certain features available on a beta, preview, experimental, or early-access basis. Such features may contain errors, interruptions, reduced functionality, or compatibility limitations and may be modified, suspended, or discontinued at any time without notice.

We reserve the right, in our sole discretion, to modify, add, suspend, limit, discontinue, or replace any aspect of the Application, including supported languages, Translations, features, functionality, monetization models, integrations, pricing, or availability, at any time, including to maintain or improve performance, enhance user experience, comply with applicable laws, protect the security or integrity of the Application, respond to operational or business needs, or address third-party platform or service requirements.

2. Application Privacy and On-Device Processing

The Application is designed with a privacy-first, on-device approach. Core functionality, including speech recognition, Translations, text recognition, camera-based Translation, and speech synthesis, is generally processed directly on the User's device to minimize the collection, transmission, and storage of User Content (defined below). Certain languages, download packages, purchases, passes, updates, or other Application functionality may require a network connection or rely on third-party or cloud-based services. Network connectivity may also be required to download, update, restore, validate, or enable certain languages, features, purchases, subscriptions, or access rights associated with the Application.

We generally do not transmit or store a User's Translation inputs, spoken audio, or captured images on our servers for the purpose of providing core Translation functionality. However, certain operational and support-related functions may involve the transmission, processing, or storage of limited technical, diagnostic, device, subscription, or usage-related information by our third-party service providers or us, including, without limitation, for analytics, crash reporting, subscription validation, app store functionality, advertising delivery, fraud prevention, cloud synchronization, or similar operational purposes. Additional information regarding our data practices and third-party service providers is described in our Privacy Policy.

3. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, access, and use the Application on compatible mobile, tablet, and other supported devices that you own or control, solely for your personal, non-commercial use and subject to the terms of this Agreement. The rights granted under this Agreement are personal to you, and you may not assign, sublicense, transfer, distribute, share, lease, rent, sell, or otherwise make the Application available to any third party except as expressly permitted by the applicable App Distributor's terms or applicable law.

If you are interested in commercial, organizational, institutional, governmental, or enterprise use of the Application beyond the scope of this Agreement, please contact us at info[at]lingofonex.com regarding potential licensing or commercial-use options.

The Application may not be compatible with all devices, operating systems, carriers, regions, or service providers, and we make no representations or warranties regarding compatibility, availability, or continued support for any particular device or platform. Except for the limited rights expressly granted in this Agreement, we and our licensors reserve all rights, title, and interest in and to the Application and related intellectual property.

Use of the Application is conditioned upon your continued compliance with this Agreement and all applicable laws. The rights granted to you under this Agreement are limited to our and our licensors' intellectual property rights in the Application. Certain software, content, services, or functionality made available through the Application, including, without limitation, Third-Party Content (defined below), may be subject to separate terms, conditions, or licenses provided by their respective owners.

4. Application Disclaimers

The Application is provided as a general-purpose 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 to the following limitations:

5. Our Responsibilities

We may, at our discretion, provide enhancements, bug fixes, updates, upgrades, patches, modifications, or other changes to the Application that we make generally available to users. The Application may receive periodic updates, releases, or modifications intended to improve functionality, security, compatibility, performance, or user experience.

While we may use reasonable efforts to minimize disruptions associated with maintenance, releases, or updates, we do not guarantee that the Application will be available at all times or without interruption. All updates, features, functionality, and continued availability of the Application are provided at our sole discretion, and we are under no obligation to provide any specific maintenance, support, updates, or future functionality.

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.

6. User Account

Your access to certain features or functionality of the Application may be associated with the account you use with the applicable App Distributor (such as the Apple App Store or Google Play Store). You may only access and use the Application through accounts that you own or are otherwise authorized to use. You may not share, sublicense, transfer, sell, lease, or otherwise provide unauthorized third parties with access to the Application, Paid Features, or any associated purchase entitlements except as expressly permitted by the applicable App Distributor's terms or applicable law.

Certain functionality, purchases, subscriptions, usage limits, or feature entitlements may be linked to your device, platform account, operating system account, or App Distributor account and may not transfer across platforms, operating systems, accounts, or devices. Unauthorized use of another person's account, misuse of purchase entitlements, circumvention of usage limitations, or attempts to improperly access the Application may result in suspension of your access to the Application.

7. Your Responsibilities

You are responsible for ensuring your compliance with this Agreement and for all acts and omissions that occur in connection with your access to and use of the Application. This includes any decisions, actions, or failures to act arising from your reliance on Translations, User Content (defined below), or other outputs generated through the Application. You are responsible for maintaining the security and confidentiality of your devices, platform accounts, credentials, and any User Content stored, accessed, created, processed, or transmitted through the Application. We are not responsible for any unauthorized access to your device, platform account, User Content, or other data resulting from your failure to safeguard your device, credentials, account settings, backups, or security protections. You are solely responsible for maintaining, managing, securing, backing up, and deleting any User Content or other data stored on your device through the Application.

8. Restrictions

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 laws, and will not take any action that harms or violates our rights or those of 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.

9. App Distributors

You acknowledge that this Agreement is between you and us only, and not with Apple Inc. or Google, LLC (each, as applicable, an "App Distributor"), and we, and not the App Distributor, are 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 they may refund the purchase price, if any, paid for the Application according to their terms and policies. The 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 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 download, access, or use of the Application, they will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

10. Paid Features

Certain features, functionality, content, usage allowances, or access rights within the Application may be made available for a fee or other consideration ("Paid Features"). Paid Features may include, without limitation, one-time purchases, lifetime feature unlocks, recurring subscriptions, time-limited passes, promotional access, free trials, ad-free access, increased usage limits, additional language access, or other enhanced functionality, as described within the Application at the time of purchase or activation. All purchases and related transactions for Paid Features are processed through the applicable App Distributor. We do not collect, process, access, or store full payment card or billing information used to complete these transactions.

Certain Paid Features may automatically renew unless canceled before the applicable renewal date. BY PURCHASING AN AUTO-RENEWING SUBSCRIPTION, YOU AUTHORIZE THE APP DISTRIBUTOR TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT AT THE RECURRING INTERVAL DISCLOSED AT THE TIME OF PURCHASE UNTIL CANCELED IN ACCORDANCE WITH THE APPLICABLE APP DISTRIBUTOR'S TERMS AND POLICIES.

Other Paid Features may provide access for a fixed period and will expire automatically at the end of the applicable access period unless you repurchase or renew them. Paid Features may be described as "lifetime," "perpetual," "permanent," or similar terms. Unless otherwise stated, such terms refer to the duration of your access rights to the applicable Paid Feature within the commercially reasonable life of the applicable feature, service, or version of the Application then supported by us. We do not guarantee ongoing availability of any particular feature, language, functionality, operating system compatibility, update, support service, cloud functionality, Third-Party Content, or continued operation of the Application indefinitely.

You are responsible for managing your purchases, subscriptions, trials, renewals, cancellations, billing methods, and account settings through the applicable App Distributor. Deleting the Application from your device may not cancel subscriptions or automatically terminate recurring charges.

Except as otherwise required by applicable law or the applicable App Distributor's policies, purchases and fees are non-cancelable and non-refundable once processed. Billing, cancellation, renewal, refund eligibility, Family Sharing availability, and related purchase rights are governed by the applicable App Distributor's terms and policies.

We reserve the right to modify, suspend, discontinue, reprice, limit, or change any Paid Features, monetization models, pricing structures, usage limitations, promotional offerings, trial periods, feature availability, or supported functionality at any time. Any pricing changes applicable to recurring subscriptions will apply prospectively as permitted by the applicable App Distributor's policies and applicable law.

11. Paid Advertising

Certain versions, tiers, regions, platforms, or functionality of the Application may include advertising-supported access, promotional content, sponsored content, or other advertising features. You acknowledge and agree that use of certain free or lower-cost portions of the Application may include the display of advertisements or other Third-Party Content (defined below) within the Application.

Certain features, functionality, or access rights may be made available in exchange for viewing advertisements or interacting with promotional content ("Rewarded Features"). If you choose to access Rewarded Features, you acknowledge that the availability, duration, delivery, and continued availability may depend on the successful delivery or completion of the applicable advertisement or promotional activity and may be modified, limited, suspended, or discontinued at any time. We do not guarantee the availability, accuracy, timing, completion, or continued availability of any Rewarded Feature functionality.

Advertisements and promotional content may be delivered by third-party advertising providers or partners. We do not control and are not responsible for the content, products, services, offers, claims, privacy practices, or availability of any third-party advertisements or advertising providers. Your interactions with any third-party advertisements, products, services, or promotional offers are solely between you and the applicable third party.

Certain Paid Features may reduce, limit, or remove advertising from portions of the Application as described at the time of purchase. However, we do not guarantee that all Third-Party Content, integrations, sponsorships, external links, or promotional materials will be entirely removed unless expressly stated.

We reserve the right to enable, disable, modify, suspend, limit, or discontinue advertisements, Rewarded Features, advertising providers, ad frequency, ad formats, ad targeting settings, or advertising-supported functionality at any time.

12. Free Access

We may make certain portions of the Application available free of charge with limited functionality, restricted access, usage limitations, promotional access, trial access, advertising-supported access, or other limitations ("Free Access"). Free Access may include restrictions on features, functionality, supported languages, usage volume, access frequency, storage, availability, offline functionality, device compatibility, synchronization capabilities, or other aspects of the Application, as determined by us in our sole discretion and as described within the Application.

Certain Free Access functionality may include advertisements, promotional content, usage gating, wait periods, access limitations, feature restrictions, or other conditions, including, without limitation, requirements to view advertisements or interact with promotional content to access certain features or functionality, as further described in this Agreement.

Depending on the platform, App Distributor requirements, promotional offerings, or access method, you may be required to provide payment information or complete additional verification steps to access Free Access functionality.

We reserve the right to modify, suspend, limit, restrict, discontinue, or terminate any aspect of Free Access, including eligibility requirements, usage limitations, available functionality, access methods, supported features, advertising availability, or duration, at any time and without liability to you.

13. Taxes

Applicable taxes, including, without limitation, value-added tax (VAT), goods and services tax (GST), sales tax, use tax, digital services tax, or similar governmental charges imposed by any jurisdiction (collectively, "Taxes"), may be added to purchases of Paid Features where required by applicable law or the policies of the applicable App Distributor. You are solely responsible for all Taxes arising from your purchase or use of Paid Features, other than taxes based on our net income.

Depending on your jurisdiction and the applicable App Distributor's policies, Taxes may be calculated, collected, and remitted by the applicable App Distributor in accordance with applicable laws and regulations. We may rely on App Distributors or third-party payment providers to collect and remit applicable Taxes on our behalf where permitted or required by law.

14. Termination

You may terminate this Agreement at any time by deleting the Application from your device and ceasing all access to and use of the Application. We may suspend, limit, or terminate your access to the Application or certain features of the Application at any time if we reasonably believe that: (i) you have violated this Agreement or applicable law; (ii) your use of the Application creates security, legal, technical, operational, or reputational risks to us, the Application, other users, third parties, or service providers; (iii) your use of the Application is fraudulent, abusive, deceptive, unauthorized, or harmful; or (iv) suspension or termination is otherwise necessary to protect the Application, our rights, or the rights of others.

You must immediately cease use of the Application upon termination of this Agreement or termination of your access rights. Termination or suspension of access to the Application does not entitle you to any refund, reimbursement, or compensation except as otherwise required by applicable law or the applicable App Distributor's policies.

Certain Paid Features may be described as "lifetime," "perpetual," or similar terms; however, such terms do not guarantee that the Application, any feature, functionality, language support, integration, operating system compatibility, cloud-based functionality, or related service will remain available indefinitely. We reserve the right to modify, suspend, discontinue, or sunset any aspect of the Application in accordance with this Agreement.

Our termination or suspension rights under this Agreement do not limit any other remedies available to us at law or in equity. 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.

15. Proprietary Rights

The Application is licensed, not sold, to you. We and our licensors retain all rights, title, and interest in and to the Application and all related technology, software, code, interfaces, designs, trademarks, service marks, logos, branding, audio, visual content, documentation, Translations, text, graphics, features, functionality, machine learning or language assets, and other materials made available by us through or in connection with the Application (collectively, "Application IP").

Except for the limited rights expressly granted under this Agreement, this Agreement does not grant you any ownership rights or other rights in or to the Application IP. You may not modify, reproduce, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, create derivative works from, reverse engineer, exploit, or otherwise use the Application IP except as expressly permitted under this Agreement or applicable law. No rights are granted to you other than the limited rights expressly provided in this Agreement, and you agree not to take any action that infringes, misappropriates, dilutes, impairs, or otherwise violates our rights or the rights of our licensors in the Application IP.

16. Feedback

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.

17. User Content

"User Content" means any text, speech, audio, voice input, images, photographs, Translations, prompts, recordings, communications, inputs, outputs, or other content that you submit, create, generate, process, store, access, transmit, or otherwise make available through the Application. You retain ownership of your User Content, subject to the rights necessary for us and our service providers to operate, maintain, improve, secure, and provide the Application and related functionality in accordance with this Agreement and our Privacy Policy.

The Application is designed to process core Translation functionality locally on your device, and we generally do not store or retain your User Content on our servers for purposes of providing core Translation functionality. However, certain features, integrations, operational services, support interactions, crash reports, analytics, remote configuration systems, advertising systems, cloud-based functionality, synchronization services, or future features may involve the temporary transmission, processing, storage, or handling of limited User Content or related technical information by our third-party service providers or us, as further described in this Agreement and our Privacy Policy.

You are responsible for your User Content and for maintaining, managing, backing up, securing, and deleting any User Content stored on your device or accessible through the Application. We do not guarantee the continued availability, recoverability, or retention of any User Content. If your device is lost, stolen, damaged, reset, compromised, or otherwise inaccessible, your User Content may be permanently lost, and we will not be responsible or liable for such loss. You are responsible for implementing appropriate device-level and account-level security protections, including, without limitation, passcodes, encryption, biometric authentication, backups, and account security settings.

You represent and warrant that you have all rights, permissions, and authority necessary to use, process, transmit, and store your User Content through the Application and that your User Content and use of the Application do not violate applicable law or the rights of any third party.

18. User Privacy

Our collection, use, disclosure, processing, storage, retention, and handling of Personal Information are described in our Privacy Policy. By accessing or using the Application, you acknowledge that your Personal Information may be processed as described in our Privacy Policy.

We generally do not store or retain User Content, including Personal Information, on our systems and may not be able to access, recover, restore, or provide copies of User Content stored locally on your device. You are solely responsible for maintaining, managing, backing up, securing, and, if desired, deleting any User Content or other data stored within the Application on your device. If your device is lost, stolen, damaged, compromised, reset, or otherwise inaccessible, you acknowledge that User Content or other locally stored data may be permanently lost, and we will have no responsibility or liability for such loss. You are also responsible for taking appropriate measures to secure your device and any data stored on it, including, without limitation, maintaining device-level security protections such as passcodes, encryption, backups, or biometric authentication.

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

19. Third-Party Content and Services

The Application may incorporate, display, access, integrate with, or provide access to content, data, information, software, technologies, services, advertisements, APIs, SDKs, websites, integrations, or materials provided by third parties ("Third-Party Content"). Third-Party Content may include, without limitation, advertising services, analytics services, subscription management services, remote configuration systems, language resources, cloud-based services, external APIs, app distribution platforms, links to third-party websites or services, or other third-party functionality or infrastructure.

We do not control, endorse, or assume responsibility for any Third-Party Content, including, without limitation, its accuracy, completeness, legality, availability, reliability, security, functionality, appropriateness, or continued availability. Access to and use of Third-Party Content is at your own risk and may be subject to separate terms, conditions, and privacy policies established by the applicable third-party providers. Certain Third-Party Content, advertisements, integrations, services, or links presented within the Application may be sponsored, monetized, personalized, or promotional. Third-party providers may use device identifiers, cookies, analytics technologies, advertising identifiers, or similar technologies to collect, process, associate, or use information relating to your interactions with Third-Party Content, subject to their own terms and privacy policies.

We make no representations or warranties regarding any third party or any Third-Party Content and expressly disclaim all liability arising from or relating to your access to, use of, reliance on, interaction with, or inability to access any Third-Party Content. Any relationship, transaction, dispute, or interaction between you and any third-party provider is solely between you and the applicable third party. You expressly release and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses arising from or relating to your use of or reliance upon any Third-Party Content.

20. Open Source Software

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 the related terms used in the Application is available upon request by emailing 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.

21. Disclaimer of Warranties

THE APPLICATION IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THAT: (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR INTENDED USES; (II) THE APPLICATION OR ANY FEATURES, FUNCTIONALITY, TRANSLATIONS, USER CONTENT, THIRD-PARTY CONTENT, OR RELATED SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, AVAILABLE, ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE; (III) DEFECTS, ERRORS, OR INACCURACIES WILL BE CORRECTED; (IV) ANY PARTICULAR FEATURE, LANGUAGE, FUNCTIONALITY, INTEGRATION, PLATFORM COMPATIBILITY, OR SERVICE WILL CONTINUE TO BE AVAILABLE; OR (V) ANY OUTPUTS, TRANSLATIONS, TRANSCRIPTIONS, TEXT RECOGNITION RESULTS, CAMERA-BASED TRANSLATIONS, OR OTHER CONTENT GENERATED THROUGH THE APPLICATION WILL BE RELIABLE, APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.

THE APPLICATION MAY RELY ON THIRD-PARTY SERVICES, NETWORKS, CLOUD-BASED SYSTEMS, DEVICE CAPABILITIES, OPERATING SYSTEMS, APP DISTRIBUTORS, OR THIRD-PARTY CONTENT THAT ARE OUTSIDE OF OUR CONTROL. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, PERFORMANCE, SECURITY, ACCURACY, LEGALITY, OR RELIABILITY OF ANY SUCH THIRD-PARTY SYSTEMS OR SERVICES.

THE APPLICATION AND ALL OUTPUTS, TRANSLATIONS, INFORMATION, CONTENT, AND FUNCTIONALITY PROVIDED THROUGH THE APPLICATION ARE PROVIDED FOR GENERAL INFORMATIONAL, COMMUNICATION, AND CONVENIENCE PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE PROFESSIONAL ADVICE, PROFESSIONAL TRANSLATION SERVICES, HUMAN REVIEW, OR INDEPENDENT VERIFICATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY ARISING FROM OR RELATING TO: (A) YOUR ACCESS TO OR USE OF THE APPLICATION; (B) YOUR RELIANCE ON ANY TRANSLATIONS, OUTPUTS, USER CONTENT, OR THIRD-PARTY CONTENT; (C) ANY DECISIONS, ACTIONS, OR FAILURES TO ACT BASED ON THE APPLICATION OR ITS OUTPUTS; OR (D) YOUR SHARING OF THE APPLICATION, USER CONTENT, OR TRANSLATIONS WITH ANY THIRD PARTY.

IF YOU PROVIDE THIRD PARTIES WITH ACCESS TO THE APPLICATION OR SHARE TRANSLATIONS, USER CONTENT, OR OTHER OUTPUTS GENERATED THROUGH THE APPLICATION, YOU ASSUME ALL RESPONSIBILITY FOR SUCH ACTIONS AND AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD US AND OUR LICENSORS, SERVICE PROVIDERS, AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING FROM OR RELATING TO SUCH ACCESS, SHARING, OR USE.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, 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.

23. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS ("INDEMNIFIED PARTIES") HARMLESS 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.

24. Allocation of Risk

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.

25. Release

To the maximum extent permitted by applicable law, you hereby release and hold harmless us, our 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.

26. Entire Agreement

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

27. Severability

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.

28. No Waiver

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.

29. Headings

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.

30. Arbitration

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.

31. No Class Action; No Jury Trial

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.

32. Governing Law and Venue

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.

33. Injunctive Relief

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.

34. Notices; Electronic Communication

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.

35. Technology Export

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.

36. Language and Translation Disclaimer

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.

37. Contact

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

Lingofonex, LLC
2108 N Street, Suite N
Sacramento, CA, 95816, USA