1. General
These Terms and Conditions of Service ("Terms and Conditions") are a legally binding agreement between Superfluent, Inc. ("Superfluent," "us," or "we") and you, whether personally or on behalf of an entity ("you"). Superfluent mobile applications ("Apps") and websites ("Websites") constitute together the Service ("Service"), and access and use of the Service is subject to the Terms and Conditions. By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Superfluent may amend, update, or change these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Service and must stop using the Service immediately.
NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
2. Service Description
The Service provides users access to educational tools to help them achieve fluency in their desired language. Superfluent reserves the right to modify, suspend, or discontinue any aspect of the Service at any time.
3. Use of the Service
You are responsible for your use of the Services, and for any use of the Services made using your account.
4. Registration
You may be required to register an account with Superfluent. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable.
5. Your Representations and Warranties
By using the Service, you represent and warrant that:
(i) all registration information you submit will be true, accurate, current, and complete;
(ii) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(iii) you have the legal capacity and you agree to comply with these Terms and Conditions;
(iv) you are not a minor in the jurisdiction in which you reside;
(v) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;
(vi) you will not use the Service for any illegal or unauthorized purpose; and
(vii) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. Children
The Service is not aimed at children and does not seek to collect personal information from children under 13. You may request access and/or rectification of your data or data relating to your children at all times by sending a message via our
Contact Us page.
7. Generated Content
Through using the Service, you may generate content ("Generated Content") such as texts, audio messages, learning achievements, and usage statistics. As such, any Generated Content you transmit may be treated in accordance with the Privacy Policy.
8. Indemnification
You agree to defend, indemnify and hold harmless Superfluent and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
9. App Licenses
As long as you comply with these Terms and Conditions, Superfluent grants you a non-exclusive, non-transferable license to download, install, and use a single copy of each App, in object code form, on a compatible wireless device that you own or control. You are prohibited from extracting or attempting to extract the source code of any App, allowing others to do so, or engaging in activities like reverse engineering, decompiling, disassembling, or translating any part of the App. All intellectual property rights, including any modifications or updates to the Apps, remain the property of Superfluent and its licensors.
The following terms apply when you access the App through a mobile application obtained from the Apple Store or Google Play (each referred to as an "App Distributor"): (1) The license granted to you for our mobile app is a non-transferable license to use the app on a device running the Apple iOS or Android operating systems, in line with the usage rules outlined in the relevant App Distributor's terms of service; (2) We are responsible for providing any maintenance and support services for the mobile app as specified in these Terms of Use or as required by law, and you acknowledge that the App Distributor has no obligation to provide maintenance or support services for the mobile app; (3) If the mobile app fails to meet any applicable warranty, you may notify the App Distributor, which may issue a refund of the purchase price (if any) paid for the app in accordance with its terms and policies, but beyond this, the App Distributor has no further warranty obligations to the fullest extent permitted by law; (4) You confirm that (i) you are not located in a country subject to a U.S. government embargo or designated as "terrorist-supporting" by the U.S. government, and (ii) you are not on any U.S. government list of prohibited or restricted parties; (5) You must comply with any relevant third-party agreements when using the app, such as not violating your wireless data service agreement when using a VoIP application; and (6) You acknowledge that the App Distributors are third-party beneficiaries of the terms in this mobile application license, and they have the right (and are considered to have accepted the right) to enforce these terms against you as third-party beneficiaries.
10. Subscriptions
If you purchase a subscription through the Service, you will be billed continuously until you terminate the subscription. Subscriptions automatically renew unless canceled before the end of a given period. All purchases are non-transferable. You agree to pay all fees and applicable taxes incurred by you or anyone using a Superfluent account registered to you.
11. Payment Processors
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such a third party. In no event will Superfluent be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
12. Refunds
All payments made are final and nonrefundable. No refunds or credits will be provided for partially used subscription periods. However, Superfluent may choose to issue refunds or credits at its sole discretion, on a case-by-case basis. If a refund or credit is granted in one instance, it does not create any obligation for Superfluent to do so again in the future. If you decide to cancel your subscription to a paid Superfluent service, your access to the service will continue until the end of your current billing cycle.
13. Third-Parties
The Service may include links to third-party websites, advertisers, services, special offers, or other events or activities that are not controlled or owned by Superfluent. We do not endorse, nor do we take responsibility for, any such third-party sites, information, products, materials, or services. If you choose to access any third-party website, service, or content through Superfluent, you acknowledge that these Terms and Conditions, along with our Privacy Policy, do not govern your use of those third-party sites. You explicitly agree that Superfluent is not responsible or liable, either directly or indirectly, for any damages or losses that may result from your interaction with any third-party website, service, or content.
14. NO REPRESENTATIONS OR WARRANTIES BY SUPERFLUENT
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY SUPERFLUENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS. SUPERFLUENT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, 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, SUPERFLUENT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPERFLUENT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF SUPERFLUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERFLUENT'S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUPERFLUENT FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
16. Termination
Superfluent may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to the Service. You may terminate your Superfluent account at any time by following the instructions available through the Service.
17. Proprietary Rights
All content provided through the Service, including but not limited to designs, text, graphics, images, information, software, audio, and other files, as well as their arrangement and selection ("Service Content"), is the exclusive property of Superfluent or its licensors. You may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell any part of the Service Content in any form or by any means, unless explicitly allowed by these Terms and Conditions. Additionally, you are prohibited from using data mining, robots, scraping, or similar methods to extract Service Content. Any data, information, or materials created from your access to or participation in the educational activities provided through the Service, including translated content you generate ("Activity Materials"), will be solely owned by Superfluent. You have no right to use these Activity Materials unless expressly permitted by these Terms. By using the Service, you automatically assign all rights, including intellectual property and proprietary rights, to Superfluent in relation to the Activity Materials. All rights not specifically granted to you under these Terms remain with Superfluent and its licensors.
18. Trademarks
The name "Superfluent" and all related trademarks, service marks, graphics, and logos used in connection with the Service are the property of Superfluent or their respective owners. Your access to and use of the Service does not grant you any rights or licenses to reproduce, use, or otherwise exploit the Superfluent name or any trademarks, service marks, graphics, or logos belonging to Superfluent or third parties.
19. Privacy
Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.
20. Governing Law
These Terms and Conditions shall be governed by and construed under the laws of the State of California and the United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.
21. Dispute Resolution & Arbitration
ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.
Prior to initiating any arbitration, the party seeking arbitration ("Claimant") must first send a written Notice of Claim to the other party ("Respondent") by email or USPS Certified Mail. This Notice must contain the Claimant's name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.
The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association ("AAA") according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings ("AAA Rules"), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language.
If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.
If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA's Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against Superfluent must comply with the AAA's Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA's Supplementary Rules for Multiple Case Filings.
If you do not want to arbitrate disputes with Superfluent and you are an individual, you may opt out of this arbitration agreement by sending a message via our
Contact Us page within 30 days of the day you first access or use the Service.
Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.
22. Language
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
23. California Resident
In accordance with Cal. Civ. Code § 1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
24. Miscellaneous
These Terms and Conditions represent the entire agreement between you and Superfluent regarding the subject matter addressed. If any part of these Terms and Conditions is found by a court or tribunal with proper authority to be unenforceable, that provision will be limited or removed only to the extent necessary, and the rest of the Terms and Conditions will remain fully effective. If either you or Superfluent waives any provision or breach of these Terms and Conditions on one occasion, it does not mean the same provision or breach will be waived in the future. Superfluent has the right to transfer its rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions are binding on both Superfluent and you, as well as on your and Superfluent's respective successors and permitted assignees.
Last revised on September 13th, 2024.