Terms and Conditions (Premium Membership)

Thank you for your interest in Language Zen’s Premium Membership! Language Zen’s web and mobile applications, the “Site”, is owned and operated by Language Zen Inc, a Delaware corporation “Language Zen”. For information on privacy, please check out our Privacy Policy at http://www.languagezen.com/Privacy.aspx

1. Scope

1. The following Terms and Conditions only apply to Individual Users (non-commercial use). Any deviating or supplementary provisions shall only apply if agreed between the parties in writing.

2. Acceptance of terms

1. These Terms and Conditions apply to the parts of Language Zen that are provided to Individual Users in exchange for a fee. These parts are called “Premium Features” or “Premium Content”. The ability to legally access these Premium Features is referred to as “Premium Membership”. Individuals who have paid for or otherwise been given access to Premium Memberships by Language Zen are called ‘Premium Users’.

2. By purchasing or using a Premium Membership, you “You” confirm that You have read, understand and agree to be bound by these Terms and Conditions. You also confirm that You are either at least 18 years old or, if You are younger than 18, that You have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms and Conditions.

3. Requirements for Premium Membership

1. To become a Premium User, You must be a Registered User.

2. To become a Premium User, You must pay all applicable fees.

4. Premium Content and Features

1. Premium Membership gives You access to some songs, courses and other Content that is not freely available to non-Premium Users. This Premium Content can change over time and Language Zen makes no claims to the availability of a specific piece of Content.

2. Unlike non-Premium Users, You will not be deliberately blocked for using Language Zen more than a certain period of time. This does not refer to unintentional blockages caused by bugs, site updates, etc.

3. Ads are optional.

5. Premium Exclusions

1. Each Premium Membership is purchased per language. At the time of writing, Spanish for English speakers and English for Portuguese speakers are the only languages available for Premium Membership purchase. When additional languages are added, Premium Membership will have to be purchased for each additional language.

2. Premium Membership does not enable access to all Language Zen Content and Features for a given language. Certain Features (Ex. classroom student tracking) and Content (Ex. Spanish for medical workers) will not be included with Premium Membership.

6. Payments

1. By placing an order, You agree to pay the stipulated fees for Premium Membership by credit card or any other form of payment accepted by Language Zen, along with the VAT (if applicable) and any other fees associated with Premium Membership. The most recent fees for Premium Membership periods can be found on our website and mobile apps and You acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Site and will not affect your current Premium Membership period. However, renewals (including auto-renewals) will be charged at the new rates.

2. If You choose to cancel your Premium Membership, You will continue to be a Premium User until your current Premium Membership period expires. At that point, You will be downgraded to a Free User. To cancel your Premium Membership, please email info@languagezen.com

3. Unless You choose cancel your Premium Membership, your Premium Membership will be renewed (and your credit card charged) automatically at the end of each Premium Membership period for the same time period You previously purchased. Subscriptions do not expire due to non-use.

4. Language Zen uses a third party payment provider selected, among other reasons, for its reputation for security. Language Zen does not internally store Users’ payment information.

5. You agree to keep all your, credit card, billing and contact information accurate and up to date.

7. Available Premium Membership Plans

1. You may only be eligible to subscribe to specific Premium Membership Plans “Plans”. Plans’ availability can vary for a variety of factors, including, but not limited to: the currency you’re paying with, the language you are learning towards, the language you’re learning from and the platform you’re using.

2. Plans can vary in several ways, including but not limited to: price, duration, free trial availability, payment methods offered and installments.

8. Upgrades

1. If you want to increase the duration of your Premium Membership period “Upgrade”, please email info@languagezen.com.

2. Your new Premium Membership period will begin from the date of the Upgrade and you will be immediately charged for the new period.

3. Language Zen will provide You with a pro rata refund representing the portion of your previous Premium Membership period that You did not use.

9. Promotions

1. Language Zen may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.

10. Initial Free Month

1. Some plans may be eligible for an Initial Free Month. If are eligible for and select a plan with a free month, You will not be charged during this Month.

2. During the Initial Free Month, You may cancel your Premium Membership without penalty.  To initiate a cancelation, contact Language Zen at info@languagezen.com to. If You do so during Your First Free Month, you will not be charged.

3. You are only permitted to subscribe to one plan with an Initial Free Month. If you subscribe to more than one plan with an Initial Free Month, we reserve the right to permanently terminate your account(s) without refund.

11. Refunds

1. Language Zen does not have a policy to issue refunds. For information on canceling a Premium Membership, please see sections 6.2 and 6.3.

12. Termination

1. Language Zen reserves the right to ban You from the Site for any reason.

2. Language Zen reserves the right to terminate your Premium or Basic Membership for any reason. If Language Zen terminates your Premium Membership where You were not in breach of the Terms and Conditions, Language Zen will provide You with a pro rata refund representing the portion of the Premium Membership that You have not used. Such a refund is your sole remedy in respect to such a termination.

3. If your Basic or Premium Membership is terminated (either by Language Zen or if You choose to cancel), You may lose some or all of the data associated with your account. Language Zen shall not be liable for any loss of data.

13. Unauthorized Use

1. You must protect your account and the Premium Membership You purchase from unauthorized and fraudulent use. Please notify Language Zen immediately of any unauthorized or fraudulent use of your Premium Membership or if You suspect that your account may be at risk.

2. Amounts paid to Language Zen before You report an unauthorized or fraudulent use of your account will not be refunded.

3. You agree to not share any Content or give access to Premium Features or Premium Content to any individuals or organizations without express written permission from Language Zen.

14. Privacy Policy

1. By using Language Zen, including Premium Membership, You agree to Language Zen’s Privacy Policy as seen at http://www.languagezen.com/Privacy.aspx

15. Disclaimer of Warranties and Liability Limits

1. Language Zen warrants that each Premium Membership will comply in all material respects with its description as set out in these Terms and Conditions.

2. You understand and accept that, except for the warranty in clause 15.1, (i) the Site and Premium Membership is provided “AS IS” and that You use Premium Membership at your own risk, and (ii) that to the fullest extent permitted by applicable law, Language Zen expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, Language Zen does not, except to the extent provided to the contrary under the warranty in clause 15.1, assume any responsibility for any improvement of Your language learning; the timeliness, deletion, mis-delivery or non-delivery of information; failure to store any User communications or personalization settings; restriction or loss of access; any bugs or other errors; unauthorized use due to your sharing of access to the Site; or any malfunction and/or inadequacy of the internet connection or the computer You are using. In addition, Language Zen does not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause is subject to clause 15.4 below.

3. Without prejudice to clause 15.2 but subject to clause 15.4, You expressly agree that Language Zen shall not be liable for any:

1. loss of profit;

2. loss of goodwill;

3. loss of use;

4. loss of opportunity;

5. loss of data;

6. loss of anticipated savings (in each case whether direct or indirect);

7. nor for any indirect, incidental, special, consequential or exemplary damages (even if Language Zen has been advised of the possibility of such damages), resulting from any matter relating to the Site, Premium Membership or the Content.

4. However, Language Zen does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which Language Zen is not permitted to restrict or exclude as a matter of applicable law.

5. Subject to clauses 15.2, 15.3 and 15.4, the maximum aggregate liability of Language Zen to You in relation to any Premium Membership (whether such liability arises in contract, tort (including negligence) breach of statutory duty or otherwise shall, to the fullest extent permitted by applicable law, not exceed the amount paid by You for such Premium Membership.

6. In the event that You have a dispute with another User related to, arising from, or in any way connected with use of the Site, You release Language Zen from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.

16. General Information

1. Changes to the Terms and Conditions. These Terms and Conditions may be updated from time to time by Language Zen. All changes will be posted on the Site. You can review the most current version of the Terms and Conditions at: www.languagezen.com/Premiumterms

2. Applicable legislation and jurisdiction. These Terms Conditions and the relationship between You and Language Zen shall be governed by the laws of the State of California without regard to any conflict of law provisions of any jurisdiction. You and Language Zen agree to submit to the exclusive jurisdiction of the courts of the State of California, except that Language Zen may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms and Conditions.

3. Third party rights. No person other than You shall have any rights under these Terms and Conditions in relation to Your access to Premium Membership other than You and Language Zen, provided that Language Zen’s third party licensors may take action against You to enforce their Intellectual Property Rights or other rights.

4. Waiver and severability of terms. The failure of Language Zen to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

5. Entire agreement. You agree that these Terms and Conditions represent the entire understanding between You and Language Zen in respect of Your relationship with Language Zen as a Premium User. These Terms and Conditions supersede any previous agreements between You and Language Zen relating to Premium Membership including any previous version of the Terms and Conditions.

Last Updated: August 2019