General
Thank you for using Lingoswift. This website is run by Lingoswift which is a trading name of Corpdesign Ltd ("Us", "We", "Lingoswift", "Our").
Access and use of Lingoswift's website(s), service and app(s) ("Website", "App", "Service") is governed by the Terms and Conditions ("Terms and Conditions", "Terms") on this page, and the Terms also includes the Privacy Policy (defined below). By accessing or using any part of this Service you ("you, your, yours, user") agree that you have read, understood and agree to be bound by these Terms ("Agree", "Agreement"). We may modify these Terms at any time. By continuing to use this Website, this Agreement also includes any updates or modifications of these Terms. If We update these Terms, we will amend the date at the footer of this page, which incdicates when these Terms were last modified. If you do not agree to, or agree to abide by these Terms, you are not authorized to use or access this Service. You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.
Description of this Service
This Service provides users with, but not limited to, a language learning tool, along with other services such as forums and games. We may change any part of the Service at any time. Any changes may include modifying or removing part of the service. This may happen without notice. You acknowledge that this Service is provided without any representations warranties provided by us.
This service is provided as a learning guide, and does not promise to teach a language to any specific level, and we do not assume any responsibility for any improvement of your language learning. You acknowledge that this Service is not intended to be comprehensive. All information provided as part of this Service is for entertainment purposes only.
Information, data, translations, or anything else you access as part of this Service is provided "as is".
We supply or make no warranties of any kind as part of this Service, either express or implied, and any fitness for a particular purpose is expressly denied. We provide no warranty for any part of this service, including accurancy and availability of content (including User Content (defined below)), or that any content therein, will always be available, uninterrupted and free from bugs or viruses. You understand that you should use your own anti-virus software and that you use the Services at your own risk. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. Access to the Services may be slow, limited or unavailable during certain periods such as period of high demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control. Our Content (defined below) and User Content (defined below) available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely.
Your Licence
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use ("Licence"). Your Licence to use Our Content and Service is restricted to use of the end product as designed and intended to be used through the standard interfaces, and it is a condition of the Licence that you do not (and do not allow any third party to) copy, modify, create a derivative work from, re-use, reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree not to copy, sell, re-use or publish any part of this Service including the content and code.
Registration, Your Account, and Access
By registering an account (this includes creating a profile) ("Account") and passing your information over to us, you acknowlege that we will use your information in line with our Privacy Policy. You agree to only provide us with accurate information, and that you are responsible for keeping your account login details, inlcuding keeping your password confidential, private, and secure. You agree to only use the Service for personal use (unless previously and otherwise agreed to by Us), and you agree that only you, as the register of your account will access your account, and you will not allow other people (individuals, organizations or otherwise) use your account or login details, and that you are fully responsible for all activities that occur under your Account. You must immediately notify us via email of any suspected or actual, unauthorized or fraudulent use of your account or any other breach of security. We reserve the right to suspend or delete your Account if we reasonably suspect that any information you provide on your Account is untrue, inaccurate or does not comply with our Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. We accept no liability for deletion of information or content from your profile. You acknowledge and accept that certain User Content (defined below) may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active PRO Subscription (defined below) when we suspend or terminate your Account, you will not receive a refund for any time remaining on your PRO Subscription.
Content and Copyright
Appart for user submitted content, you understand that all content on this Service is owned by Us or is licenced to Us by third-parties ("Our Content"). You acknowledge and accept that you are prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services and within bounds of the intended use of this Service. This licence can be revoked by us at any time. Our name "Lingoswift", "Lingoswift.com" and our Lingoswift logos ("Our Logos") are Our copyright and/or trademarks. You are not granted any right to use Our Logo.
Participation, Posts & Submitting Content
By submitting content, either text, images, reviews, information, audio, translation or other content, including posting on (but not limited to) the chat, the forum, content suggestions and submissions, or error submissions ("Content", "User Content", "Submission", "Submissions"), you agree that you are submitting any such User Content in line with these Terms, and especially in relation to the parts of these terms labeled "Approprate and Inappropriate Use", and subject to any other and further guidence privided by us. You agree that submitting User Content is done of your own free will, and without desiring or expecting any compensation. By submitting User Content, you agree that you are passing the right of use of this User Content over to Us, for Us to modify, adapt, copy, distribute, sublicence, or use in any other way indefinately and at Our discretion as we see fit. You give to Us royalty-free and fully paid-up, irrevocable use of the User Content. This connot be revoked by you once content is submitted. Before and uppon submitting content, you acknowledge that you own the User Content that you are submitting, and that you have the right to submit the content and that the Content is not copyrighted or owned by anyone else. You acknowledge and agree that you (and not Us) are responsible for submitting that User Content. You acknowledge that by submitting User Content that you do not have the right to submit, that you alone (and not Us) are responsible for any repercussions from submitting that User Content. You understand that by submitting Content, that the content may be publically accessable and usable by others without compensation to yourself.
Appropriate / Inappropriate Use & User Conduct
You will not submit Content, or upload or display on or through the Service any content that:
- is abusive, threatening, harassing, hateful or offensive, including directed at any person or any group of people;
- is indecent, objectionable, tasteless, harmful, unlawful, libelous, defamatory, infringing, abusive, inflammatory, vulgar, obscene, fraudulent, invasive of privacy, or any content that is racially, ethically, sexually, politically or otherwise humanly unacceptable;
- intimidates, mocks, or otherwise harasses another individual;
- is libelous or defamatory;
- is or contains private information of any third party, including but not limited to contact, financial, or other personal details of persons living or deceased;
- is any form of solicitation, including but not limited to, spam, junk mail, schemes or any other form considered an inducement to engage in financial activity;
- is intended as or can be interpreted or deemed as advertising;
- contains a virus, trojans, worms, logic bombs, malware, or other material that is malicious or technologically harmful or in anyway is damaging to either Our Service or a Users electronic device;
- contains software code of any kind;
- would constitute, encourage or provide instructions for a criminal offence, terrorist act or any other illegal or criminal activity;
You are also prohibited from:
- harvesting or collecting email addresses or other personal information from other users for any purpose whatsoever, including but not limited to sending unsolicited emails or messages;
- otherwise violating any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights)
This includes anything that in Our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Us or its users to any harm or liability of any kind.
You must not attempt to gain unauthorised access to our website, Service, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not gain access or attempt to gain access to: (i) any user account that was not set up by you, that is not owned by you or that you do not have the right to access as defined by these Terms; or (ii) User information or content that is not displayed publically or is not intended to be displayed publically; or (iii) any admin area (or similar) of the Service. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iiii) protect the rights, property, or personal safety of us, our users and the general public.
Although we actively monitor and may pre-screen some User Content, inappropriate Content may not come to, or be brought to our attention immediately. You acknowledge and represent that by using the Services, you may be exposed to inappropriate Content. We accept no liability in any way for any inappropriate Content posted and available via the Services. We reserve the right (but not the obligation) in our sole discretion to refuse, move or delete any User Content we consider inappropriate Content that is brought to our attention and breaches these Terms.
Law
You agree to access and use this Service in accordance with UK law and in accordance with your local laws, rules and regulations. You agree that any disputes between yourself and Us will be handled within the UK only. You agree that you will only use this Service when and where legally allowed to do so. You acknowledge that you are solely responsible for how you choose to use any information on that may be found as part of this Service. You agree that you will not hold Us responsible for how you use such information. You agree to only use information found as part of this Service in line with these Terms.
Any dispute arising between you and Us will be resolved by binding arbitration rather than court, except for Our right to seek injunctive relief. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
Indemnification of Lingoswift
You agree to indemnify Lingoswift and hold us harmless (including it's owners, directors, employees, contractors, successors, licensors or suppliers) against all actions, claims, losses, expenses or other liability in respect of loss or damage arising from: (i) the access or use of this Service or it's content, including your breach of any of these Terms, or any claim that any translation or information We provide to you is inaccurate, inappropriate or defective in any way whatsoever; (ii) any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.
Subscriptions, upgrades and Virtual Items
Lingoswift PRO can be cancelled at any time in line with the Terms set out here.
There are serveral 'items' that can be added, gained or collected on or through your Account ("Add") as part of the Service. This includes: (i) virtual coins, gems and trading cards and 'power-ups' (such as 'Streak Restore' and 'Streak Protectors') ("Virtual Items", "Item(s)"); (ii) the Lingoswift PRO subscription, either a trial or paid, either a monthly or yearly ("Lingoswift PRO", "PRO Subscription(s)", "Item(s)"). Any of these Virtual Items that you Add through your account belong soley to your account, and can not be transferred to any other account or sold by you or any other user.
You understand, agree and acknowledge that when you Add a PRO Subscription to your account, that you are joining and agreeing to a subscription of Lingoswift PRO and a repeat payment ("Renewal") will be deducted from your default payment method on your Account at the interval and price stated on your Account. The amount will be changed on, or as close as possible to the date stated on your Account. You understand that the Renewal will automatically be switched on ("Auto Renewal"). The price, interval and default payment method will be stated on your account, and will not be changed by us or cannot be changed by yourself for 7 days before the next payment is to be taken, unless express permission has been granted by both Us and You. You can cancel your PRO Subscription at anytime, but not within 3 days of renewal, and only in line with these Terms. Cancelling the PRO Subscription will cancel the next Renewal and switch off the Auto Renewal, except in the following case: Cancelling the PRO Subscription within 3 days of the next Renewal will cancel the Renewal after that one. Your PRO Subscription will stand for the remainder of the subscription period until the next Renewal is due.
Our prices are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to update our prices from time to time, and that not all prices will be the same for all users or be available at all times, especially for promotions. You understand that at the end of a promotion that the price will probably change, but that you will be informed as laid out in these Terms. If you join Lingoswift PRO and the price of Lingoswift PRO changes, we will do our utmost to keep your Renewal price the same for the period that you keep your Auto Renewal switched on. You understand that you can manage your PRO Subscription, Renewal and Auto Renewal from your account.
Your PRO Subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, or as specified. If you begin your subscription with a free trial, the Renewal will be the day after the free trial expires. E.g for 7 day free trial the Renewal will be the 8th day after the start of the trial, and the cancelation terms as described above still apply. However, no charges will be made if you cancel the subscription prior to the end of your free trial period in line with the Terms above.
Purchases and Paymement Processing
There are serveral Items that can be purchased with 'real-world' money as part of the Service. These include Virtual Items and PRO Subscriptions. By purchasing these items you understand, agree and acknowledge that you are purchasing using real-world money. On the Website, these transactions will usually take place through a URL starting with or including "lingoswift.com/shop/cart/". You also acknowledge that Virtual Items are a digital download. All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will we be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages, or any breach.
Refund Policy
You waive your right to any refund; Content is made available digitally and therefore, as a digital download, you waive any right to a "cooling-off period" or to change your mind regarding payment, and we provide no money back guarantee. In the event that you cease to use the Service, that the Service is un-accessible or that your access or use of this Service (including your account) is blocked, suspended, closed, terminated or deleted by Us (for any reason determinded by Us), or you close your account voluntarily, or your account is closed due to any breach of these Terms (including allowing anyone else access to your account), you acknowledge, agree and understand that your will receive no refund or compensation of anykind for any Virtual Items (user or unused), PRO Subscription (user or unused), Virtual Currency (user or unused), account upgrades (user or unused), loss of data or information, loss of any other Content, digital or virtual items, or for anything else.
Third Party Websites and Links
The Service may contain link or redirects to third party websites including but not limited to advertisers, services, Google, social media, and user submited links ("Third Party Website(s)"). We do not endorse, recommend, check or accept resposibility for any Third Party Website or your use of it. You acknowledge that we are not in control of Third Part Websites or their content. You acknowledge that you are responsible for any Third Partk Websites that you visit or use, and you understand that their terms and privacy policy will differ and be separate from ours Terms and Privacy Policy. You acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of content on or accessed through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country. We advise your to research any Third Party website before you visit it, and only visit Third Party websites that you trust.
Language
This agreement was originally written in English (GB). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Last Modified
25 May 2021