Terms of Service – Alemanzo

These terms of service are a legally binding agreement between you (hereinafter referred to as the “User”) and the legal owner of Alemanzo, Alemanzo GmbH, a company registered in accordance with German law at Mühlenstr. 8a, 14167 Berlin, Germany (hereinafter referred to as the Company, we, our or us). These Terms of Service apply to your use of the Alemanzo mobile app, website, and all other services and platforms as may be offered by the Company (collectively “the Platform”). The Platform is designed for Users to learn the German language (the “Services”). You, the User of the Platform, hereby confirm your acceptance of these terms of service. If you do not agree to these Terms of Service, you must immediately uninstall the app and discontinue use of the Platform or any part thereof.

1. Applicability and amendment

These Terms of Service apply to all Services offered on the Platform, except where expressly indicated to the contrary.

If the User uses the Platform, these Terms of Service incorporate by reference Apple’s or Google Android’s terms and conditions and privacy policies (the “Platform Terms”). If there is any conflict between these Terms of Service and the Platform Terms, then these Terms of Service will prevail.

You may not use the Services nor accept these Terms of Service if you are not of legal age or have the required mental capacity to form a binding contract with the Company.

The use of the Services requires the unconditional acceptance by the User of the applicability of these Terms of Service. It is the responsibility of the User to read and understand the Terms of Service. If you do not agree to these Terms of Service, do not use the Platform or any other of the Services.

All terms and conditions maintained by the User that are contrary to these Terms of Service are hereby rejected and therefore do not apply to the use of the Platform.

In the event that one or more of the provisions in these Terms of Service are found to be wholly or partially invalid, the remaining provisions will remain in force. The Company will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.

The Company may unilaterally change these Terms of Service. The amended Terms of Service are immediately applicable to any new User. For existing Users of the Platform, the new Terms of Service will become applicable 30 days after receiving notice of the changes in the Terms of Service. The latest version is always available at https://alemanzo.com/terms with the date that it was last updated.

Except as supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Service contain the entire legal understanding between the Company and the User and supersedes any and all prior or written understandings or agreements in relation to the User’s access to and use of the Services.

2. Performance of the Services

The Company shall perform the Services with reasonable skill, care and diligence.

The Company has the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.

The Company shall have the right to, at its sole discretion, refuse to provide the Services, or part thereof, to any (potential) User, for any reason and at any time.

The Company reserves the right to modify or withdraw, temporarily or permanently the Platform and/or the Services at any time to the extent permitted by the applicable legislation without informing the User.

The Company does not guarantee the continuous and uninterrupted availability and/or accessibility of the Services and/or the Platform. The Company reserves the right to limit the availability of the Platform or certain parts thereof if this is necessary in connection with capacity limits, security or to perform maintenance on the Platform.

The Company has the right to improve and/or change the Services and/or the Platform and to introduce new functions from time to time. Where possible, maintenance will be carried out at a time when the User’s use is least affected.

The quality of service may be interrupted by a number of factors such as poor network connection, other interference or maintenance. If a disruption in the Services occurs due to repairs, updates or other reasons beyond our control (force majeure) the Company is not liable for any damages resulting from such interruptions, disturbances or disruptions. The Company will seek to repair and/or resolve the problems as soon as possible.

3. Use of the Platform

The User hereby warrants and represents to be at least 18 years of age or to have a parent or legal guardian accept these Terms of Service on their behalf.

The User will ensure that all details and information, of which the Company has stated it is required for the performance of the Services, or of which the User should reasonably understand it to be necessary for such performance, will be provided to the Company in a timely, complete and correct manner.

The User shall duly inform the Company of any fact and circumstances that may be relevant in connection with the execution of the Services.

In order to access and use the Services, the User may register and create an account on the Platform (the “User Account”). The User must provide accurate, current, and complete information in order to set up the User Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, the Company has the right to suspend or terminate the User Account.

User must maintain the confidentiality of the passwords and User Account information and agrees to notify the Company if the User suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.

The Company retains the right to, at its sole discretion, block any User from using the Platform or part thereof, for any reason, but including when the User breaches these Terms of Service.

The User acknowledges that you may be charged by your own mobile provider while using certain features of the Platform when not connected to a free internet source. If you are not the bill payer for the mobile device that you are using the Platform on, we assume that you have received permission from the bill payer to use the Platform.

User hereby agrees not to use the Platform in any way that:

  • (i) is unlawful, illegal or unauthorized;
  • (ii) is defamatory of any natural or legal person;
  • (iii) is obscene or offensive;
  • (iv) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • (v) impersonates any other person;
  • (vi) infringes any copyright, database right, or trademark of any other person;
  • (vii) is likely to harass, upset, embarrass, alarm, or annoy any other person;
  • (viii) in any purpose other than for which the Platform is intended;
  • (ix) is likely to disrupt our Services in any way; or
  • (x) advocates, promotes, or assists any unlawful act.

In addition to the foregoing, the User will not directly or indirectly:

  • (i) Violate these Terms of Service;
  • (ii) Violate any party’s rights by using, operating, copying, distributing, reproducing, editing, translating, making publicly available or decompiling information and content;
  • (iii) Monitor or extract content on the Platform using robots, spiders, scrapers, data extraction mechanisms, or other automatic instruments;
  • (iv) Use the Platform for purposes other than those referred to in these Terms of Service;
  • (v) Attempt to gain unauthorized access to the Platform;
  • (vi) Upload or transmit to the Platform any content or programs that, by reason of their size or nature, may damage the computers or networks of the Company or other Users;
  • (vii) Derive, decompile, reverse engineer, copy, modify or redistribute the source code of the Platform, used algorithms, or any part thereof;
  • (viii) Upload any content to the Platform that violates applicable criminal or other laws or encourages such breaches;
  • (ix) Attack the Platform using Denial-of-Service;
  • (x) Post or transmit information that is in any way false, fraudulent or misleading, or performs an act that could be considered "phishing" (primary, secondary or otherwise) or give rise to criminal or civil liability;
  • (xi) Post any unlawful, threatening, insulting, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
  • (xii) Refer to the Company or another User in any way that may lead someone to believe that the User is sponsored by, affiliated with, or approved by the Company.

4. Fees and Payments

To use the Services on the Platform, the User may enter into an auto-renewable, paid subscription. The subscription and payments are managed by Apple or Google.

The User can subscribe for 1/3/6-month, or yearly subscription periods. The subscription will be automatically renewed at the end of the duration of the chosen subscription period. The method of payment listed when the User creates a User Account will be charged automatically at the end of the current subscription period.

If the User is eligible to use a 7-day free trial, the User may use the Platform and the Services thereon free of charge for 7 days, after which the free trial will automatically roll over into a paid subscription. The User will not be charged if the subscription is cancelled prior to the expiration of the free trial.

The Company reserves the right to revoke any trial if it deems that these Terms of Service have been violated. For serious violations, the Company may close or suspend the User Account, either temporarily or permanently or commence legal actions if applicable and warranted.

As a consumer, the User has the legal right to change their mind, without giving the Company a reason, and cancel their subscription within 14 days of the date the User activated their plan in order to receive a refund. By accepting these Terms of Service, the User expressly acknowledges that the right of withdrawal starts on the first day the User enters into an agreement with Alemanzo. If the User opts to use a free trial prior to entering into a paid subscription, the first day of the free trial shall count as the first day of the 14-day withdrawal period. The right of withdrawal does not apply to any renewals of the subscription period, whether monthly or yearly.

The User agrees to pay any applicable taxes and reimburse us for any collection costs and interest for overdue amounts, including (extra)judicial collection costs such as reasonable attorney’s fees.

5. Limitation of Liability

To the maximum extent permitted by law, the Company makes no representations or warranties, express or implied, about the accuracy, correctness, quality or completeness of any information provided on the Platform. Similarly, the Company makes no warranties with respect to merchantability or fitness for a particular purpose.

The Company strives to provide the User a Platform that is secure, free of bugs, and does not contain any incorrect or misleading content or information. However, the Company cannot guarantee that this will not occur, and the Company will take reasonable measures to fix any issues that may arise.

The Company will do everything that is reasonably in its power to provide the Services so that the User has the best possible opportunity for language-learning. However, the Company does not provide any warranty of any kind and does not assume any responsibility for any improvement of the User’s language learning.

The Company is not liable for possible damage caused under these Terms of Service or your use of the Platform, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of the Company.

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of or inability to use our Platform or (b) any conduct of any party other than the Company itself.

The User indemnifies the Company against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If the Company is held liable by a third party in relation to the Platform, the User is obliged to pay the Company all costs related to thereto.

6. Intellectual Property

The Company name, logo, and other trademarks, copyrights, graphics and/or service marks, used in connection with the Platform, may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.

The content, organization, graphics, text, images, video, audio, software, design, compilation, advertising and all other material on the Platform are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of the Company or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly of any part of the Platform, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

The Company hereby grants you a limited, personal, non-exclusive, non- transferable, revocable licence to use the Platform for your personal, non-commercial use either on an Apple or Android device. All other rights are reserved by the Company.

When using the Platform, the User may from time to time submit certain content to the Platform, which includes, but is not limited to flashcards, translations, images, audio or video files, comments, reviews, ratings, or other materials (collectively the “User Content”). The User hereby grants to the Company an unlimited, perpetual, royalty-free, worldwide, irrevocable, transferable, sublicensable license to use, reproduce, copy, adapt, modify, distribute, and create derivative works from such User Content.

The User acknowledges that this license cannot be terminated after submission of User Content. The User further warrants and represents that User Content does not violate any third-party rights and that the User shall be solely responsible and liable for the User Content.

7. Term and Termination

The Company reserves the right to modify, suspend, or delete the User Account and terminate the User’s access to the Platform and Services if the Company, at its sole and absolute discretion, believes that the User has breached these Terms of Service. Following such termination, the User’s license to use the Platform will be automatically revoked. The Company shall not be liable for any such actions taken, nor for the deletion of information or content from the User Account. The User shall not be entitled to receive a refund for any time remaining on the subscription period.

The User may delete their User Account and terminate the use of the Services by following the step-by-step process as set out on the Platform. The User may request the User Account to be deleted and terminate the use of the Services by contacting the Company at support@alemanzo.com. Once the User Account is deleted, the license granted to the User for use of the Platform is revoked. The User shall not be entitled to receive a refund for any time remaining on the subscription period.

8. Applicable law

Only the laws and regulations of Germany apply to the legal relationship between User and the Company.

The Courts of Germany are authorized (in the first instance) to take cognizance of any dispute between User and the Company, unless otherwise required by law.

The Company and User shall always attempt to the best of their abilities to resolve any dispute or issue in mutual consultation before commencing any legal proceedings.

9. Language

These Terms of Service were written in English. By accepting these Terms of Service, the User unconditionally agrees to all these terms, even when the User does not speak English.

10. Contact

Questions about the Terms of Service or your rights can be sent to support@alemanzo.com.