Terms of Use

2.1 Age Requirements

By using our Services, you confirm that:

• You are at least 13 years old, OR
• If you are between 13-18 years old, you have obtained verifiable parental or legal guardian consent to use our Services
• If you are under 13, you may not use our Services

2.2 Account Creation and Responsibility

You must create an account to use Memoling services. You may register by providing an email address and password, or by connecting through available social media accounts (including Google, Apple, Facebook).

You are responsible for:

• Maintaining account security and keeping login credentials confidential
• All activities occurring under your account
• Providing accurate billing and contact information
• Immediately notifying us of any unauthorized account use via contact@memoling.com

2.3 Account Features

Account access levels and features may vary based on your subscription plan. Your account must be used only by you and must not be shared with or transferred to any other individual. We reserve the right to suspend or terminate accounts that violate these Terms.

3.1 Service Plans

Memoling offers various subscription plans:

• Free Plan: Basic language learning content and features
• Monthly Premium: Full access with monthly billing
• Annual Premium: Full access with yearly billing (typically at a discount)
• Lifetime Premium: One-time payment for permanent access

3.3 Plan and Feature Changes

We reserve the right to modify, update, or discontinue any subscription plans, features, or services at any time without prior notice. This includes but is not limited to:

• Adding, removing, or modifying features within existing plans
• Changing the content, courses, or languages available in any plan
• Introducing new subscription tiers or discontinuing existing ones
• Modifying the technical specifications or functionality of our Services
• Updating learning algorithms, progress tracking, or personalization features

Such changes will not affect your current subscription period, and you will continue to receive the service level you paid for until your current billing period expires. If we discontinue a feature or service that was central to your subscription, we may, at our discretion, offer alternative features or early termination options.

3.3 Free Trials

• Premium subscriptions may include a free trial period as specified during signup
• Free trials cannot be combined with other promotional offers unless explicitly stated
• Billing begins when the trial period ends unless cancelled before expiration
• Only one free trial per user is permitted unless otherwise specified
• Trials can be cancelled anytime through the app store where the trial was initiated

4.1 Our Content

All content available through the Services, including but not limited to lessons, exercises, audio files, graphics, text, software, databases, and learning materials ("Our Content"), is owned by Memoling or licensed to us. Our Content is protected by copyright, trademark, and other intellectual property laws.

4.2 Your License to Use Our Content

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, and non-exclusive license to access and use Our Content solely for your personal language learning purposes. You may not:

• Copy, distribute, or share our proprietary content outside the intended use
• Use automated means to scrape, extract, or download our content
• Reverse engineer, modify, or create derivative works from our platform
• Use our content for commercial purposes or resale
• Share your account access with others

4.3 User-Generated Content

• You retain ownership of content you create (journal entries, practice sentences, recordings, etc.)
• By creating content on our platform, you grant us a non-exclusive license to use, store, and process such content to provide and improve our Services
• You are responsible for ensuring your content complies with applicable laws and does not infringe third-party rights
• You warrant that your content does not contain illegal, harmful, or inappropriate material

Memoling strives to maintain 99.9% uptime for our language learning platform.

Service interruptions may occur for:

• Scheduled maintenance
• Emergency fixes
• Factors beyond our reasonable control

We will make reasonable efforts to notify users of planned maintenance.

Our handling of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you acknowledge that:

• Your learning activity, progress, and usage patterns will be tracked and analyzed
• Your data may be used to personalize your learning experience and improve our Services
• We may analyze anonymized, aggregated data for research and service improvement
• We process and store data in compliance with applicable data protection laws, including GDPR
• You have rights regarding your personal data as outlined in our Privacy Policy

8.1 Payment Terms

You agree to pay all fees according to your chosen subscription plan. All transactions are processed by third-party payment processors (Apple, Google, Stripe). Payment processing is handled securely through Apple, Google or Stripe.

8.2 Refund Policy

Direct Purchases (through our website):

• We offer a 14-day money-back guarantee for new subscribers
• Refund requests after 14 days will be considered case-by-case for extraordinary circumstances
• Refunds are processed through the original payment method within 5-10 business days
• No partial refunds for unused portions of billing periods after the 14-day period

App Store Purchases:

• Subscriptions purchased through Apple App Store or Google Play are subject to their respective refund policies
• We cannot directly process refunds for app store purchases - you must contact the app store directly
• We may provide account data to app stores to assist with refund requests when authorized by you
• App store refund policies and timelines apply instead of our direct refund terms

8.3 Cancellation Policy

• You may cancel your subscription at any time through your account settings or the app store where purchased
• For monthly subscriptions, service will continue until the end of the current billing period
• For annual subscriptions, service will continue until the end of the current annual term
• No partial refunds are provided for unused portions of your billing period after the 14-day guarantee period

8.4 Dispute Resolution

• If you have a billing dispute, please contact our customer service team
• We aim to resolve all disputes within 5 business days
• Unresolved disputes may be subject to the terms of our payment processor

Memoling may offer promotional discounts, free trials, or special offers.

Promotional terms:

• Limited-time offers will clearly state their expiration date
• Promotional codes may have usage restrictions
• Free trials will automatically convert to paid subscriptions unless cancelled
• Discounts may apply only to initial billing periods
• We reserve the right to modify or discontinue promotions

Each user is eligible for one free trial period unless otherwise specified.

Our Services may integrate with or contain links to third-party services, including:

• Social media platforms (Google, Apple, Facebook) for account creation
• Payment processors (Apple, Google, Stripe)
• Analytics and service improvement tools
• External educational content or resources

We do not control third-party services and are not responsible for their content, privacy practices, or availability. Your use of third-party services is subject to their respective terms and policies. We do not endorse or guarantee third-party services.

Customer support is available through:

• Email: contact@memoling.com
• In-app support chat
• Help center and knowledge base

Support hours:

• Monday to Friday: 9:00 AM - 6:00 PM EST
• Weekend support: Limited to email only
• Response time: Within 24 hours for standard inquiries
• Priority support may be available for Premium subscribers

12.1 Termination by You

• You may delete your account at any time through account settings
• Account deletion results in loss of all progress, settings, and user-generated content
• We cannot restore deleted accounts or associated data
• Active subscriptions are not refunded upon voluntary account deletion
• For assistance with locked accounts, contact us at contact@memoling.com

12.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or our Acceptable Use Policy, engage in fraudulent or illegal activities, abuse our Services or other users, or fail to pay required fees (after notice and opportunity to cure).

Upon termination by us, your license to use our Services immediately ends, we may delete your account and associated data, no refunds will be provided for remaining subscription time, and some user content may remain as permitted by law and these Terms.

13.1 Service Disclaimers

Our Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement; guarantees of learning outcomes or language proficiency improvements; assurance of uninterrupted, secure, or error-free service; and accuracy or completeness of content or learning materials.

13.2 Limitation of Liability

To the maximum extent permitted by applicable law:

• For Paid Services: Our total liability to you shall not exceed the amount you paid to us in the 12 months preceding the claim
• For Free Services: We shall have no liability for any damages of any kind
• Excluded Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages

Mandatory Liability: Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or other liabilities that cannot be excluded under applicable law.

14.1 Governing Law and Jurisdiction

These Terms are governed by the laws of Estonia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved in the competent courts of Estonia. You consent to the personal jurisdiction of Estonian courts and waive any objection to venue.

14.2 Indemnification

You agree to defend, indemnify, and hold harmless Memoling, Publia OU, and our officers, directors, employees, contractors, agents, and licensors from and against any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your violation of these Terms, your violation of any rights of another party, your user-generated content, or your breach of any laws or regulations.

14.3 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Memoling. These Terms supersede all prior agreements, representations, and understandings between us.

14.4 Other Provisions

• Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect
• Assignment: We may assign these Terms without your consent. You may not assign these Terms without our prior written consent
• Amendments: We may update these Terms from time to time with notice through our Services
• Language: These Terms are originally written in English. In case of conflict between English and translated versions, the English version shall prevail