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Terms and Conditions for LangTrak
Last Updated: October 27, 2024
**LangTrak Terms of Use**
LangTrak provides a personalized subscription service that allows our members to track the time they spend watching YouTube video content in their target language to aid in becoming fluent ("LangTrak service"). The service is accessible through our website at langtrak.com and certain internet-connected devices ("LangTrak ready devices").
These Terms of Use govern your use of our service. As used in these Terms of Use, "LangTrak service," "our service," or "the service" means the personalized service provided by LangTrak for tracking and analyzing your language learning progress, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.
For any questions or concerns, please contact us at support@langtrak.com.
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**1. Membership**
Your LangTrak membership will continue until terminated. To use the LangTrak service, you must have internet access and a LangTrak ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
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**2. Promotional Offers**
We may offer special promotional offers, plans, or memberships ("Offers") from time to time. Offer eligibility is determined by LangTrak at its sole discretion, and we reserve the right to revoke an Offer and put your account on hold if we determine you are not eligible. Members of households with an existing or recent LangTrak membership may not be eligible for certain introductory Offers. We may use information such as device ID, payment method, or an account email address used with an existing or recent LangTrak membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you.
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**3. Billing and Cancellation**
**3.1. Billing Cycle**
The membership fee for the LangTrak service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign up for the service. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan, or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date.
**3.2. Payment Methods**
To use the LangTrak service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
**3.3. Updating Your Payment Methods**
You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
**3.4. Cancellation**
You can cancel your LangTrak membership at any time, and you will continue to have access to the LangTrak service through the end of your billing period. To the extent permitted by applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused LangTrak content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, you will lose access to all premium benefits at the end of your current billing period, but you will continue to be able to use the free-tier product, and your progress data will be maintained. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for LangTrak using your account with a third party as a Payment Method and wish to cancel your LangTrak membership, you may need to do so through that third party.
**3.5. Changes to the Price and Subscription Plans**
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
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**4. LangTrak Service**
**4.1. Age Requirement**
You must be at least 18 years of age to become a member of the LangTrak service. Minors may only use the service under the supervision of an adult.
**4.2. Personal and Non-Commercial Use**
The LangTrak service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your LangTrak membership, we grant you a limited, non-exclusive, non-transferable right to access the LangTrak service and use our features. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public or commercial purposes.
**4.3. Geographic Limitations**
You may access the LangTrak service primarily within the country in which you have established your account and only in geographic locations where we offer our service. The content and features that may be available to use will vary by geographic location and may change from time to time. The number of devices on which you may simultaneously access the service depends on your chosen subscription plan and is specified on the "Account" page.
**4.4. Service Updates and Testing**
The LangTrak service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, and availability of LangTrak content.
**4.5. Usage Restrictions**
You agree to use the LangTrak service, including all features and functionalities associated with it, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the LangTrak service. You also agree not to:
- Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the LangTrak service;
- Use any robot, spider, scraper, or other automated means to access the LangTrak service;
- Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the LangTrak service;
- Insert any code or product or manipulate the content of the LangTrak service in any way; or
- Use any data mining, data gathering, or extraction method.
In addition, you agree not to upload, post, email, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment associated with the LangTrak service, including any software viruses or other computer code, files, or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
**4.6. Internet Speeds and Access Charges**
The quality of the display and functionality of the LangTrak service may vary from device to device and may be affected by various factors, such as your location, the bandwidth available through and/or speed of your internet connection. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. The time it takes to access LangTrak features will vary based on several factors, including your location, available bandwidth at the time, and the configuration of your LangTrak ready device.
**4.7. Software and Device Compatibility**
LangTrak software is developed by, or for, LangTrak and may solely be used for authorized streaming and tracking of LangTrak content through LangTrak ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third-party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of the LangTrak software and related third-party software.
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**5. Passwords and Account Access**
The member who created the LangTrak account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the LangTrak account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the LangTrak ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, LangTrak, or our partners from identity theft or other fraudulent activity.
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**6. Warranties and Limitations on Liability**
The LangTrak service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. **We make no guarantees or warranties as to the effectiveness of the service in achieving language fluency or any other specific results.** You waive all special, indirect, and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that may apply to you.
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**7. Class Action Waiver**
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND LANGTRAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under applicable law, unless both you and LangTrak agree otherwise, the court may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
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**8. Miscellaneous**
**8.1. Governing Law**
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America.
**8.2. Unsolicited Materials**
LangTrak does not accept unsolicited materials or ideas for LangTrak content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to LangTrak.
**8.3. Survival**
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
**8.4. Changes to Terms of Use and Assignment**
LangTrak may, from time to time, change these Terms of Use. We may assign or transfer our agreement with you, including our associated rights and obligations, at any time, and you agree to cooperate with us in connection with such an assignment or transfer.
**8.5. Electronic Communications**
We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration.