NUMBIRO TERMS OF SERVICE

INTRODUCTION

In the event there is a discrepancy between this English language version and any translated copies of the Terms of Service, the English version shall prevail.

Our full Terms of Service are set out below, but to make it easier for you here is a short overview of the most important points:

• The basic version of Numbiro can be accessed free of charge, and advertisements will be displayed periodically.
• You have the option to purchase a Premium membership. With a Premium membership the advertisements will be removed, and you have access to additional learning functions such as advanced Japanese counters, preset management, etc. This is just an option; you can use Numbiro as basic user completely for free. If you purchase a Premium membership through a monthly subscription, it will renew automatically for the initial time period purchased, but you can cancel it at any time by going to "Premium Status" and then "Open Settings" within the App. When you purchase a Premium membership through a monthly subscription or an in-app purchase, then the purchase is also subject to the terms of your agreement with the third party app store through which you purchased (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party. You will then still enjoy Premium access until the end of the period you've paid for.
• If you want, you can turn off any notifications, emails and newsletters from Numbiro at any time.

TERMS OF SERVICE

Welcome to Numbiro (the "App"), a mobile app for learning languages. The App is owned and operated by Sulisoft, which is the trading name of a sole trader developer in the United Kingdom ("Sulisoft").

I. ACCEPTANCE OF TERMS

1. Numbiro provides its service (the "Service") to you, subject to the following Terms of Service.
   
   
2. By accessing or using the App, you ("you") confirm that you agree to be bound by these Terms of Service. 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 of Service. The Service is not intended for use by children under the age of 13.
   
   
3. These Terms of Service may be updated from time to time by Numbiro. You can review the most current version of the Terms of Service at any time here: https://numbiro.app/terms-of-service.html. Your continued use of the Service or the App after any such changes have been made constitutes your acceptance of the new Terms of Service.
   
   
4. If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the App.
   
   

II. DESCRIPTION OF SERVICE

1. The Service allows users to practice language skills free of charge, and optionally purchase a premium membership.
   
   
2. Unless explicitly stated otherwise, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
   
   

III. FEES

1. The basic version of the Service can be used completely free of charge. However, you have the option to subscribe to a Premium membership in order to remove advertisements and get access to additional learning functionalities (such as advanced counters, etc.) on the App. You also have the option to purchase other services or materials (such as live lessons and business courses) whether or not you have a Premium membership.
   
   
2. The prices and the related terms for all Paid Services, including the Premium membership, are governed by the Paid Services terms set out in clause 4 below.
   
   

IV. PAID SERVICES

Where you have purchased a Paid Service (including a Premium membership) the following terms set out in this clause 4 shall also apply to your use and access of the Paid Service. Where there is any conflict between this clause 4 and the other terms set out in these Terms of Service, the terms in this clause 4 will prevail. The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by Numbiro and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by Numbiro and the third party the terms of such agreement shall prevail.

1. All purchases are made via a third party app store (the "Store"). For example, the Google Play Store or the Apple App Store.
   
   
2. The ordering process for Paid Services on the App allows you to check your order before you proceed with your purchase: please check the details of the order before you proceed to payment.
   
   
3. By placing an order, you agree to pay the stipulated fees for the relevant Paid Service(s) by credit card or any other form of payment accepted by the Store, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s). You acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Numbiro App and will not affect existing subscriptions (so if you have signed up for a membership for a certain price, price changes won’t affect your existing subscription, and will only apply to any future subscription purchase).
   
   
4. In relation to Paid Services that are offered on a subscription basis, Numbiro may offer different subscription periods so that you can choose the one that best meets your needs. Payment for subscription-based Paid Services is made in advance.
   
   
5. Where a subscription-based Paid Service renews automatically, you will be charged automatically by the Store at the end of your current subscription period and your subscription will, unless you cancel it, be renewed for the same period of time. Subscriptions do not expire during the subscription period due to non-use of the subscribed Paid Service. You can check on the length of your subscription at any time by contacting your Store or by going to "Premium Status" within the App.
   
   
6. Numbiro 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.
   
   
7. Please be advised before you pay that, unless and to the extent expressly set out to the contrary in these Paid Services terms or otherwise agreed with Numbiro in writing, any amounts paid in advance will not be refunded.
   
   
8. You may request a refund for a purchase via your purchasing Store. Such a request is subject to the terms and conditions of the Store and Numbiro offers no guarantee that a refund will be granted.
   
   
9. Numbiro may suspend or terminate your access to and/or use of any one or more Paid Services immediately and without liability if:
   9.1. Numbiro has reason to believe that you are in breach of or have acted inconsistently with these Paid Services Terms; or
   9.2. Numbiro is entitled to suspend or terminate your account, or your use of the Service generally, under clause 9 below.
   
   

V. OMMITTED CLAUSE

Clause 5 does not exist

VI. PRIVACY POLICY

1. Numbiro collects usage information which is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service by reference. By signing up to the Service you accept the terms of these Terms of Service, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
   
   
2. By purchasing and/or using any Paid Service, you also indicate that you understand and consent to the practices used to collect, use and disclose information relating to such use and/or purchase as described in our Privacy Policy.
   
   

VII. OMMITTED CLAUSE

Clause 7 does not exist

VIII. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES

1. The App may contain third-party owned content and links to other websites ("Linked Sites"). Numbiro does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Numbiro, and Numbiro is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Numbiro may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by Numbiro in favour of any third party. You further acknowledge and agree that Numbiro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Content, goods or services available on or through any such site or resource.
   
   
2. Numbiro respects the Intellectual Property Rights of others, and we ask our Users to do the same. Numbiro has no responsibility for content on other websites that you may find or access when using the Service. Material available on or through other websites may be protected by copyright and the intellectual property laws of any country. The terms of use of those websites, and not the Terms of Service of Numbiro, govern your use of that material.
   
   
3. This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
   
   

IX. ADVERTISERS

1. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Numbiro shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
   
   
2. You understand and agree that the Service may include advertisements and that these advertisements are necessary for Numbiro to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via any means. By using the Service, you agree that Numbiro has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Numbiro are subject to change at any time at Numbiro's discretion.
   
   

X. TERMINATION

1. You can cancel a Premium membership subscription at any time by contacting the Store through which it was purchased.
2. Numbiro reserves the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the App wherever possible. You agree that Numbiro shall not be liable to you or to any third party for any modification or discontinuance of the Service (except to the extent set out in clause 4 above in respect of Paid Services) unless otherwise agreed between Numbiro and such third party.
   
   

XI. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Numbiro.

XII. INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge and agree that all Intellectual Property Rights in the Service, the App, any necessary software used in connection with the Service ("Software"), and all content (including text, videos, images or other materials) contained within the App and the Service belong to Numbiro and its licensors and that, except for the limited licence rights granted to you under clause 12.2, Numbiro and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the App, the Content and the Software. The term "Intellectual Property Rights" means copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.
   
   
2. Subject to clauses 12.3 and 12.4 and your compliance with these Terms of Service, Numbiro grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use the App, the Service, the Content and the Software, in each case for your own personal, non-commercial use, in accordance with these Terms of Service and any other written or other instructions of Numbiro (including any instructions or parameters set down by Numbiro within or as part of the App or the Service).
   
   
3. Your licence to use the Software is restricted to use of the object code of the Software, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any third party Content.
   
   
4. Without prejudice to clause 12.1, you agree:
   4.1. not to access the App, the Service or the Content by any means other than through the interfaces that are provided by Numbiro for use in accessing the Service; or /
   4.2. except as expressly authorised by Numbiro or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
   
   

XIII. INDEMNITY

You agree to indemnify and hold Numbiro, and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms of Service, or your violation of any rights of another person or entity.

XIV. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Numbiro may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you.

XV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. Where you are using a Paid Service (including a Premium Membership) Numbiro warrants that such Paid Service will comply in all material respects with its description as set out on the App.
   
   
2. Subject to clause 15.1 above you understand and agree that the App, the Service and the Content are provided "AS IS" and that you use the App, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, Numbiro 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, Numbiro does not, except to the extent provided to the contrary under the warranty in clause 8.1, 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 personalisation settings; restriction or loss of access; any bugs or other errors; unauthorised use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, Numbiro does not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause is subject to clause 15.3 below.
   
   
3. Without prejudice to clause 15.2 but subject to clause 15.4, you expressly agree that Numbiro shall not be liable for any:
   3.1. loss of profit;
   3.2. loss of goodwill;
   3.3. loss of use;
   3.4. loss of opportunity;
   3.5. loss of data;
   3.6. loss of anticipated savings;  (in each case whether direct or indirect), nor
   3.7. for any indirect, incidental, special, consequential or exemplary damages (even if Numbiro has been advised of the possibility of such damages), resulting from any matter relating to the App, the Service or the Content.
   
   
4. However, Numbiro does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which Numbiro 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 Numbiro to you in relation to any Paid Service (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 Paid Service.
   
   
6. In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the App or the Service, you release Numbiro from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
   
   

XVI. GENERAL INFORMATION

1. Applicable legislation and jurisdiction. The Terms of Service and the relationship between you and Numbiro shall be governed by the laws of England without regard to any conflict of law provisions of any jurisdiction. You and Numbiro agree to submit to the exclusive jurisdiction of the English courts, except that Numbiro may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.
   
   
2. Third party rights. Under these Terms of Service no person other than you and Numbiro shall have any rights in relation to your access and/or use of the App, the Service and/or the Content, provided that Numbiro’s third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.
   
   
3. Waiver and severability of terms. The failure of Numbiro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
   
   
4. Entire agreement. You agree that these Terms of Service represent the entire understanding between you and Numbiro in respect of your relationship with Numbiro as a User (except in respect of Paid Services, which are governed by the Paid Services Terms in addition to these Terms of Service). These Terms of Service supersede any previous agreements between you and Numbiro including any previous version of these Terms of Service.
   
   

XVII. CONTACT

1. Please contact us for any question you might have or report any breaches of the Terms of Service under hello@numbiro.app.
   
   
2. Numbiro may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the App.
   
   

Last updated: August 2023