1. Preamble
1.1
Lingvano is an online learning system (e-learning platform) that helps developing your sign language skills in a simple, modern and efficient way.
1.2
Lingvano is offered under the internet domain www.lingvano.com (“Website“) from Lingvano GmbH, located at Sieveringer Straße 72, 1190 Vienna, Austria (“Lingvano“). In addition, Lingvano offers its services via an iOS and Android application which can be obtained from the respective app stores (each an “App“). Unless otherwise specified in these General Terms and Conditions (“GTC“), all provisions of the GTC apply equally to the Website and the Apps. You (“User“) can find further information in our imprint as well as in data protection documents.
1.3
These GTC and the services regulated by them apply to all contracts between Lingvano and Users who are consumers, i.e. in particular to contracts for the use of the app and the services offered by Lingvano beyond that. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to a commercial nor to a self-employed professional activity. Deviating and supplementary provisions shall only apply if this has been expressly agreed in writing. These GTC do not apply to the contracts concluded between the User and the respective license distributor (Apple App Store, Google Play Store, Paddle, Digistore24); instead, only the terms and conditions on which these are used by the respective distributor apply to these contractual relationships.
1.4
Some functions and contents of Lingvano are available to the User free of charge. Services that are not free of charge are clearly marked as such and can be used against payment of the corresponding fees or prices.
2. Creation of a user account and execution of the contract
2.1
The User can create a free basic user account at Lingvano. To do so, he must enter his first name and e-mail address in the registration form, set a password of his choice, and accept these GTC and the privacy policy. Alternatively, it is possible to register via third-party providers; in this case, the registration and further administration is carried out by the respective provider (for more details, see also our app privacy policy). Further data can be specified via the personal profile page after the user account has been created. Each User may only register once.
2.2
The User is obliged to choose a sufficiently secure password and to keep it secret. As soon as the User becomes aware, or should have become aware, that a third party has gained access to his password, he must change the password immediately.
2.3
Lingvano will communicate with the User and may inform the User in particular about declarations of intent relevant to the contract (e.g. notices of termination) primarily via his e-mail address provided in the registration form. The User can inform Lingvano about a change of his e-mail address at any time.
2.4
By creating a user account at Lingvano, a binding user contract is concluded between Lingvano and the User. These GTC apply for the duration of the existence of a user account.
3. Basic Contract
3.1
After creating a user account, the use of the basic learning functions is available (“Basic Contract“). The User is entitled to access these contents and functions free of charge.
3.2
Basic contracts can be terminated at any time. The user account will be deleted upon receipt of the user’s instructions to terminate the account.
3.3
The User can delete his account independently within the App in the profile settings, whereby such a deletion is deemed to be a termination of the contract. If a current Premium Contract exists, deletion is only possible after termination of the Premium Contract (see below clause 4.). Alternatively, the customer can exercise his right of termination by informing Lingvano of the decision to terminate this contract by means of a clear declaration via a ticket through the support portal.
4. Premium Contract
4.1
Lingvano’s fee-based services (“Premium Contract“) are offered according to different pricing models. As far as prices are indicated by Lingvano, these prices are in the respective currency indicated. The final price including the respective applicable statutory VAT and sales tax will be displayed at the latest at the end of the sales process.
4.2
The billing type, price, and contract term are listed as part of the ordering process and are fully summarized before the order is completed. The Premium Contract comes into effect by clicking the “Pay now” button (or similar).
4.3
Premium contracts are concluded for the fixed term selected by the User. Premium contracts concluded via the Website can be terminated at any time as described in clause 3.3. Premium contracts concluded via the App can be terminated within the App via the “Manage Subscription” function (or similar) or directly via the respective app store operator, effective at the end of the purchased term.
5. Test version & money-back guarantee
5.1
When concluding a Premium Contract, the User may be granted the right to either use a limited free access to a test version or to withdraw from the contract and receive a refund of the purchase price within the scope of a money-back guarantee after a certain period of time.
5.2
A test version entitles the User to use the services of the Premium Contract free of charge for a limited period of time specified when concluding the trial version. Prior to the start of the trial version, the billing type, billing period, price and contract term shall be specified in accordance with clause 4.2 of the GTC. The billing period for the services of the Premium Contract shall begin on the day following the last day of the trial version. During its term, the trial version may be terminated by the User in accordance with the terms and conditions used of the selected app store operator or distributor pursuant to clause 7.3. These terms and conditions may also provide for a notice period under certain circumstances. When using one of the Apps, the User will be informed of the expiration two days before the trial version ends, provided that the User has activated in-app notifications (so-called “push notifications”). The selected means of payment will not be debited until the start of the billing period.
5.3
The money-back guarantee entitles the customer in the event of termination (see above clause 4.3) within the period specified in the offer to a refund of the purchase price. The refund of the purchase price is to be made directly by means of a support request to the service provider in accordance with clause 7.3 or according to clause 3.3 of the GTC. In this case, the User will be refunded all payments made for the Premium Contract by Lingvano and is not obligated to make any further payments under the terminated Premium Contract.
6. Term of premium contracts
6.1
Unless otherwise specified when the contract is concluded, Premium contracts are subscriptions that are automatically extended by the respective contractually agreed term (e.g. 1, 3 or 12 months), unless the User or Lingvano terminates the respective Premium Contract up to 48 hours before the contract term expires. Fees for extension periods are also charged in advance (cf. clause 7.1.).
6.2
The right to terminate for cause remains unaffected.
6.3
For termination see above clause 4.
7. Contractual partner & terms of payment
7.1
Unless otherwise specified in the order process, Premium Contracts are payable in advance for the entire contract term.
7.2
If the purchase is made via the App, it is processed via the respective app store. All payment options offered by the respective app Store are available to the User. Upon payment via the App, the User acquires the license to use the Premium Contract pursuant to clause 11.4 of the GTC from the respective app Store operator. In this case, the purchase contract is concluded between the User and the app store operator. The terms and conditions of the respective app store (available at https://play.google.com/intl/en_us/about/play-terms/index.html or https://www.apple.com/legal/) are primarily applicable to this contractual relationship.
7.3
If the purchase is made via the Website, Lingvano uses an external distribution partner, currently Paddle (“Paddle“), to process the order. The payment can be made using any payment method specified on the Website. When purchasing via the Website, the User acquires the license to use the Premium Contract according to clause 11.4 of the GTC directly from Paddle. In this case, the purchase contract is concluded between the User and Paddle. The General Terms and Conditions of Paddle shall be primarily applicable to this contractual relationship.
7.4
For Users who have already concluded their Premium Contract with Digistore24, the General Terms and Conditions of Digistore24 continue to apply.
8. Right of Withdrawal
8.1
Users who are consumers within the meaning of the Consumer Protection Act may, in principle, withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract – if there is no statutory exemption – within 14 working days in accordance with Sec 11 of the Distance and Out-of-Home Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG).
8.2
However, the statutory right of withdrawal does not exist according to Sec 18 para. 1 line 1 and 11 FAGG, in particular, if the User has expressly requested that Lingvano begins with the performance of the contract before the expiry of the withdrawal period according to Sec 11 FAGG, the User expressly confirms his knowledge of the loss of the right of withdrawal upon complete performance of the contract, Lingvano has begun with the performance of the service before the expiry of the withdrawal period according to § 11 FAGG, the service or provision of a digital content has then been completely performed and the User has received a copy of the purchase contract.
8.3
The right of withdrawal must be exercised vis-à-vis the respective app store operator in the event of the conclusion of a purchase via the App (clause 7.2.). For the exercise and the conditions of the right of withdrawal, please refer to the respective General Terms and Conditions of the app store operator (available at https://play.google.com/intl/en_us/about/play-terms/index.html or https://www.apple.com/legal/).
8.4
The right of withdrawal is excluded in the case of the conclusion of a purchase via the Website (clause 7.3.) to Paddle. For the exercise and conditions of the right of withdrawal, reference is made to the General Terms and Conditions of Paddle.
9. Website Accessibility & Limitations of Liability
9.1
Lingvano uses the current and commonly used technologies for its services. In order to fully use Lingvano, the User must also use these technologies (e.g. current browser technologies) or enable their use on their computer or mobile device (e.g. enabling JavaScript, cookies, pop-ups). If older or non-common technologies are used, it is possible that the User will only be able to use Lingvano to a limited extent.
9.2
The Internet services and equipment required for the use of Lingvano are the sole responsibility of the User in terms of costs incurred, availability and security of the data connection.
9.3
Lingvano expressly does not guarantee that the services offered are suitable for the specific objectives pursued by the individual User, or that the service will be available at any given time.
9.4
Lingvano is liable, regardless of the legal reason, only if a damage was caused by Lingvano grossly negligent or intentionally. The liability of Lingvano for slight negligence – except for personal injury – is excluded.
10. Restrictions on use and compensation
10.1
Lingvano may only be used in accordance with these GTC. In particular, the User is not entitled to:reverse engineer, decompile, disassemble, modify or create derivative works based on the Lingvano e-learning platform;
– circumvent protective measures used by Lingvano or its licensors to protect content accessible through Lingvano;
– copy, store, edit, develop derivative works based on, or modify in any way derivative works created by Lingvano;
– lease or sublicense the own user account;
– share one’s user account with other persons and/or grant others access to Lingvano’s paid services;
– use Lingvano in any other unauthorized manner in violation of these GTC; or
– use or launch an automated system, including but not limited to “robots,” “spiders,” or “offline readers,” that accesses Lingvano in a manner that sends more requests to the Lingvano and/or Lingvano servers in a given period of time than a human can reasonably produce in the same period of time using a conventional online web browser; – to collect personally identifiable information, including account names, from Lingvano, or to use the communication systems provided by Lingvano (e.g. comments, email) for commercial inquiries. The User agrees not to solicit Lingvano Users for commercial purposes regarding their content. In any use of Lingvano and all related services, the Website and the mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.
10.2
In the cases described under clause 10.1 of the GTC as well as in all other cases of improper use, the User agrees to hold Lingvano harmless. In any case, Lingvano reserves the right to block user accounts without prior notice as soon as there are indications of improper or abusive use and Lingvano has a legitimate interest in the blocking.
11. Intellectual property rights
11.1
All texts, images and other copyrightable content and works made available under Lingvano are protected by copyright. Any non-contractual use, in particular for commercial or business purposes, requires the prior written consent of Lingvano.
11.2
Contents specifically made available through a creative commons license are subject to the terms of the applicable creative commons license.
11.3
Any use of all trademarks, brands, designs and business names used by Lingvano in the context of the offer also requires the prior consent of Lingvano in text form.
11.4
The respective app store operator or Paddle grants the User a personal, worldwide, free, non-transferable, non-sublicensable, non-exclusive license, revocable at any time, to access and use the services of Lingvano exclusively in accordance with the provisions of these GTC or the terms and conditions of the respective distributors or app store operators. Any violation of these GTC or the terms and conditions of the distributors or app store operators will result in the automatic termination of this license.
12. Applicable law & place of jurisdiction
12.1
All contractual relationships concluded under these Terms of Use shall be governed by Austrian law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence in the EU also enjoy the protection of the mandatory provisions of the law of the state of their habitual residence.
12.2
The court with local and subject-matter jurisdiction for the registered office of Lingvano is the sole place of jurisdiction for all disputes arising directly or indirectly from or in connection with a contractual relationship subject to these GTC. Consumers with habitual residence in the EU may also bring actions before the court having jurisdiction over their place of residence.
12.3
Reference is made to the online dispute resolution platform of the European Commission, which can be reached at https://ec.europa.eu/consumers/odr/. However, Lingvano does not participate in dispute resolution proceedings before a consumer arbitration board.
13. Final provisions
13.1
If any provision of this agreement is invalid, voidable or unenforceable, such invalidity, voidness or unenforceability shall not affect the validity of this agreement, provided that such invalidity, voidness or unenforceability is consistent with the intent of the parties as reflected by the provisions of this agreement in their context. Such provision shall then be replaced by a valid and enforceable provision which has such legal and, above all, economic content as the invalid provision or comes as close as possible to it.
13.2
Lingvano reserves the right to change these GTC. The User is to be informed about planned changes to the GTC in a suitable manner (e.g. by announcement on the Website or within the App, information by e-mail). The changes are considered approved if the User does not noticeably object to the changes within four weeks from receipt of the notification. Lingvano will separately inform the User that the changes are considered approved in the absence of a timely objection. A change of the subject matter of the contract is only possible with the explicit consent of the User.
13.3
These GTC and the rights and licenses granted hereunder may not be transferred or assigned by the User but may be assigned by Lingvano without restriction.
14. Additional provisions applicable to residents of the United States of America
14.1
If the User is a resident of the United States of America, the provisions of section 14 shall apply in addition to the provisions set forth above.
14.2
No representations or warranties from Lingvano
The Service, all images, audio files and other content, and all other information, proprietary rights and permissions granted or made available to the User by Lingvano are provided to the User “as is”. Lingvano and its suppliers make no representations or warranties of any kind, express or implied, with respect to the Service, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Lingvano makes no representations or warranties as to accuracy, availability of the Service, completeness, information content, error-free operation, results to be obtained from use, or non-infringement. Access to and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions or planned or unplanned maintenance, or for other reasons.
14.3
Limitation of types of damage/limitation of liability
In no event shall Lingvano be liable to the User or any third party claiming against the User (whether based in contract, tort, strict liability or any other theory) for any indirect, incidental, special consequential or exemplary damages arising out of or in connection with the access or use of, or the inability to access or use, the Service or any part thereof, including, but not limited to, loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages resulting from loss or corruption of data or erroneous data, the cost of recovering data, the cost of substitute services, or claims by third parties for damage to computers, software, modems, telephones, or other property, even if Lingvano has been advised of the possibility of such damages. Lingvano’s liability to the User or any third party claiming through the User for any reason whatsoever, regardless of form, shall be limited to the amount, if any, paid by the User to Lingvano for the Service in the 12 months preceding the act giving rise to liability. This is an aggregate limit. The existence of more than one claim under this Agreement does not increase this limit.
14.4
User consents to personal jurisdiction and exclusive venue in the competent courts located in Vienna, Austria. This Agreement and its formation, validity and interpretation, and any disputes arising hereunder, shall be governed by the laws of Austria; provided that Lingvano may, in its sole discretion, choose United States copyright law as the substantive law applicable to this Agreement and any disputes arising hereunder with users in the United States.
14.5
Any failure by Lingvano to exercise or enforce any right or provision of the GTC or the Privacy Policy shall not constitute a waiver of such right or provision. Should individual points of these GTC or the Privacy Policy be legally invalid, the remaining parts shall remain unaffected and binding.
14.6
The User and Lingvano acknowledge and agree that these GTC and any other legal notices published by Lingvano and incorporated herein constitute the entire agreement between the User and Lingvano.
14.7
User agrees that, notwithstanding any law or regulation to the contrary, any claim or cause of action arising out of or related to the GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.8
If any provision of this Agreement is invalid, voidable or unenforceable, such invalidity, voidness or unenforceability shall not affect the validity of this Agreement, provided that such invalidity, voidness or unenforceability is consistent with the intent of the parties as reflected by the terms of this Agreement in their context. Such provision shall then be replaced by a valid and enforceable provision which has such legal and, above all, economic content as the invalid provision or comes as close as possible to it.