effectLang app - terms of use
GENERAL
These Terms & Conditions (these “Terms”) contain the terms and conditions on which I supply Flashcards. Please read these terms and conditions, carefully before ordering any Products from the third-party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Flashcards,” “I” or “me”, "licensor" refers to the company “Dawid Wnukowski” or the app (effectLang) itself. The term “Device” refers to the device which is used to access the Products including but not limited to smartphones and tablets. The term “you” or "user" refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and me only for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Dawid Wnukowski grants you a limited, non-exclusive, non-transferable, revocable license to use the Product for your personal, non-commercial purposes. You may only use the Flashcards on a device that you own or control.
(c) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to download Flashcards or purchasing the Products inside the app.
(d). Consent to Use of Data: You agree that Dawid Wnukowski may collect and use technical data and related information—including but not limited to technical information about your device, system and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. I may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
(e) Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL I BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty dollars ($20.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
(f) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
CHANGES TO TERMS
I reserve the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances, I may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
MEMBERSHIPS AND SUBSCRIPTIONS
BECOMING A MEMBER
By placing an Order through the Products, you warrant that you are legally capable of entering into binding contracts and your use of the Products does not violate any applicable law or regulation.
USE OF FLASHCARDS BY MINORS
You must be 16 years of age, or the age of majority in your province, territory, or country, to use the Product. Individuals under the age of 16, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
MEMBERSHIP
As a Flashcards Member, you will receive access to features and functions of the Products that are not available to non-members. By agreeing to become a Member you opt-in to receiving an occasional special offer, marketing, survey, and Product based communication messages.
SUBSCRIPTIONS
(a) Flashcards account holders may access the Products in two ways:
“Basic” - Free: a free program, which gives limited access to part of the Flashcard application”
Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the “Basic”. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of my bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
(b) My “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that I am authorized to charge the same credit card as was used for the initial subscription fee or other payment methods (the “Payment Method”) in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. The same applies to other subscription durations, for example, yearly of course with changed duration.
(c) Flashcards offers certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in the Paid Subscription; such Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). We reserve the right to determine if you are a Qualifying User in my sole discretion.
(d) You agree to promptly notify Flashcards of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(e) My obligation to provide the Products only comes into being when I take receipt of your Order. Please quote the Order number in all subsequent correspondence with me. You agree not to hold me responsible for banking charges incurred due to payments on your account. If payment is not received by me from the Payment Method you provided, you agree to pay all amounts due upon demand by me.
CHANGING FEES AND CHARGES
I reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as I may determine in our sole and absolute discretion.
CANCELLATION OF SERVICES
CANCELLATION BY YOU
You may cancel a subscription at any time. Cancellation is effective at the end of the applicable period.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling the automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
CANCELLATION BY ME
I may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products, abusing premium access, or doing any harm to my business for example abusing server and integrated 3rd-party services.
Other
PROHIBITED USE OF THE PRODUCTS
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies, or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
The app allows you to attach media files to flashcards. Before doing so you have to make sure that you have the legal right to use those files for your purposes and that you have the legal right to upload those files to the cloud as those files can be automatically uploaded by the app to the cloud so you can, for example, access it easily on another device.
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
By breaching the provisions of this section, you may commit a criminal offense under applicable laws. I may report any such breach to the relevant law enforcement authorities and I may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
AVAILABILITY OF PRODUCTS
Although I aim to offer you the best service possible, I make no promise that the Products will meet your requirements and I cannot guarantee that the Products will be fault-free. If a fault occurs in the Products, please report it to me and I will review your complaint. If the need arises, I may suspend access to the Products while we address the fault. I will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or Products. I will restore the Products as soon as I reasonably can.
I may (but I don't have to) provide maintenance and support for the Product. Only I, Dawid Wnukowski can provide such maintenance.
PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. While I endeavor to keep the information up-to-date and correct, I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
NO WAIVER
If I delay exercising or fail to exercise or enforce any right available to me under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
FORCE MAJEURE
I will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by me to comply with these Terms, where such lack, unavailability, or failure arises from any cause beyond my reasonable control.
THIRD-PARTY RIGHTS
A person who is not a party to these Terms will not have any rights under or in connection with these Terms if it is not mentioned.
Dawid Wnukowski and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
User must comply with applicable third-party terms of agreement when using Flashcards
Apple is not responsible for any warranties. Apple is not responsible for any claims related to the application or the end user's possession and/or use of the app, "including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation."
In the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Dawid Wnukowski, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
These Terms are effective and were last updated on May 17, 2022.