END USER LICENSE AGREEMENT

Last updated February 19, 2025

Lingocat is licensed to You (End-User) by Lingocat Inc., located and registered at 52 Emms Dr, Barrie, Ontario, L4N 8H3, Canada ("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform ("App Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. Lingocat Inc., not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions ("Usage Rules"). Lingocat Inc. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

TABLE OF CONTENTS

  1. THE APPLICATION
  2. SCOPE OF LICENSE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. USE OF DATA
  6. USER-GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. LIABILITY
  9. WARRANTY
  10. PRODUCT CLAIMS
  11. LEGAL COMPLIANCE
  12. CONTACT INFORMATION
  13. TERMINATION
  14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  15. INTELLECTUAL PROPERTY RIGHTS
  16. APPLICABLE LAW
  17. MISCELLANEOUS

1. THE APPLICATION

Lingocat ("Licensed Application") is a piece of software created to help people learn and master a new language and customized for iOS mobile devices ("Devices"). It is used to study and master a new language.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties, sell, rent, lend, lease, or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, decompile, modify, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Lingocat Inc.'s prior written consent).

2.5 You may not copy or alter the Licensed Application or portions thereof, except as expressly authorized. You acknowledge that unauthorized third parties may not gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as attempts of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms.

3. TECHNICAL REQUIREMENTS

The Licensed Application may require updates, device compatibility, and compliance with third-party services, including but not limited to the App Store.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application.

4.2 Lingocat Inc. and the End-User acknowledge that the Services have no obligation to furnish any maintenance and support services for the Licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information. Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://getlingocat.com/privacy-policy.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users the ability to submit or post content. If any contributions are submitted, they must comply with legal and ethical guidelines.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide. We do not assert ownership over your contributions. You retain full ownership and intellectual property rights of your contributions.

8. LIABILITY

Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. The limitation does not apply to injuries to life, limb, or health.

9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of download.

9.2 No warranty is provided for the Licensed Application if it has been modified, combined with inappropriate software, or used with inappropriate accessories.

10. PRODUCT CLAIMS

Lingocat Inc., and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo or designated as a "terrorist-supporting" country.

12. CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:

Lingocat Inc.
52 Emms Dr, Barrie, Ontario, L4N 8H3, Canada
Email: miroslav@getlingocat.com

13. TERMINATION

The license is valid until terminated by Lingocat Inc. or by You. Your rights will terminate automatically if You fail to adhere to any term(s) of this license. Upon termination, You shall stop all use of the Licensed Application and destroy all copies.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Lingocat Inc. represents that it will comply with applicable third-party terms of agreement when using the Licensed Application.

15. INTELLECTUAL PROPERTY RIGHTS

Lingocat Inc. and the End-User acknowledge that, in the event of any third-party claim regarding intellectual property infringement, Lingocat Inc. will be responsible for the investigation, defense, settlement, and resolution of any such claim.

16. APPLICABLE LAW

This License Agreement is governed by the laws of Canada.

17. MISCELLANEOUS

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected.