END USER LICENSE AGREEMENT AND TERMS OF SERVICE

This EULA was last updated on: October 22, 2024

Welcome to Langmate’s End User License Agreement and Terms of Use (“EULA”). This is a contract between you, an individual user (“You”), and Langmate Inc. (“Langmate”). This contract governs your use of Langmate’s mobile software application that has been made available for download (“App”) and any related websites or other online properties owned or controlled by Langmate (together with the App, the “Service”).

Please take a few moments to read this EULA before enjoying the App. BY INSTALLING ANY APP OR OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
 

1. General Terms And Conditions

1.1 Description

Langmate is a Japanese application for mobile and tablets that aims to connect Japanese users and people all around the world together, and provides a fun way to learn new languages, and discover new cultures directly with locals, while making international friends based on people’s language interests, hobbies, nationalities, genders, age, etc. Langmate provides user profile search, matching, and messaging services. As used in this EULA, “User” or “Users” means any user of the Service.
Langmate offers both Free and Paid Services, for more detail visit the section 10.

1.2. Eligibility

You must be at least 18 years of age to create an Account on Langmate and use the Service.IN JAPAN, THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18. FOR USERS OUTSIDE OF JAPAN, THE SERVICE IS NOT FOR PERSONS UNDER THE AGE FOR WHICH RULES APPLY ON A AGE-BASED BASIS FOR THE COLLECTION OF DATA (“RESTRICTED AGE”). IN ALL CASES, THE SERVICE IS NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY LANGMATE. IF YOU ARE UNDER 18 YEARS OF AGE IN JAPAN OR THE RESTRICTED AGE IN THE TERRITORY WHERE YOU RESIDE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

By creating an Account and using the Service, you represent and warrant that:
• You can form a binding contract with Langmate,
• You are not a person who is barred from using the Service under the laws of Japan, or any other applicable jurisdiction–meaning that you do not appear on any list of criminals or fugitives.
• You have never been in, or you are not under a ban of entry in the territory of Japan,
• You will comply with this EULA and all applicable local, national and international laws, rules and regulations, and you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any country or local sex offender registry.

1.3 Changes

As the Service may undergo changes over time, we need the right to modify this EULA to match the changing functionalities of the Service. You therefore agree that Langmate may change this EULA at any time without prior notice other than posting an updated EULA to Langmate website or within our App. Langmate will endeavor to provide you with prior notice when there are any material changes, and may require that you subsequently take an affirmative action acknowledging agreement to the revised EULA before continuing to access the Service. You may read a current, effective copy of this EULA at any time within the app (under “My Page” > “Settings”) and also on https://www.langmate.jp/terms-and-conditions. The revised EULA will become effective at the time of posting on the Service, and your use of the Service after such time will constitute your Acceptance of the revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop using the Service. Notwithstanding the preceding sentences of this Section 1.3, no revisions to this EULA will apply to any dispute between you and Langmate that arose prior to the effective date of those revisions.

1.4 Privacy Policy

Your access to and use of the Service is also subject to Langmate’s Privacy Policy located here, the terms and conditions of which are incorporated herein by reference.

1.5 Jurisdiction

The Service is controlled and operated by Langmate Inc. from its offices in Japan.
 

2. ACCOUNTS

2.1 Accounts General

There is no public-facing portions of the Service accessible without registering with Langmate. In order to access the Service, you must register an account with Langmate.You may also register and log into the Service using credentials from a supported external service, such as Apple, Google, Twitter or Facebook, (collectively, “External Service”). When you register for an Account, you must create your personal profile accessible to other Users, and provide us with some information about yourself such as your username, gender, age, nationality, where you live (approximately, not the precise location), your optional profile text (“About me”), your optional tags (“My tags”), and your profile pictures. You may not select or use as an Account username that is a name of another person with the intent to impersonate that person, or a name subject to any rights of any person, entity, or organization other than yourself without appropriate authorization, or any username including terms or words that might constitute a violation of this EULA.

AS DESCRIBED IN SECTION “1.1 DESCRIPTION”, THE PURPOSE OF THE SERVICE IS TO CONNECT INTERNATIONAL USERS BASED ON THEIR PERSONAL CHARACTERISTICS SUCH AS LANGUAGE INTERESTS, NATIONALITY, GENDER, AGE, PLACE OF LIVING. IT IS THEREFORE MANDATORY TO SET UP THOSE INFORMATIONS IN YOUR PROFILE (“CARD”) AND SHARE THOSE INFORMATIONS WITH OTHER USERS OF THE SERVICE.You consent to the collection, use and disclosure of your Account information in accordance with Langmate’s Privacy Policy located here.

2.2 Account Security

You are responsible for the security of your Account. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Langmate, and you are solely responsible for all activities that occur through the use of your credentials.You agree to notify Langmate immediately at if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Langmate will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your credentials prior to you notifying Langmate of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Services.

2.3 Accuracy of Information

When creating an Account, you will provide true, accurate, current, and complete information. You will update such information promptly, and as necessary to keep it current and accurate. Langmate reserves the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Langmate in its sole discretion, and may, with or without prior notice and without liability to you, suspend or terminate your Account if activities occur on your Account that, in Langmate’s sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Langmate, or violate any applicable laws or regulations.
 

3. Modifying the Service and Termination

We are always do our best to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as Safety or security concerns, prevent us from doing so.

You may terminate your Account at any time, for any reason, by following the instructions within the app (under “My Page” > “Settings”), however if you use a third party payment Account, you will need to manage in app purchases through such Account (e.g., Apple App Store, Google Play Store) to avoid additional billing. Langmate may terminate your Account at any time without notice if it believes that you have violated this EULA. Upon such termination, you will not be entitled to any refund for purchases. After your Account is terminated, this EULA will terminate, except that the following provisions will still apply to you and Langmate: Section 3, Section 4, and Sections 10 through 19.

In order to protect our users from spammers or other prohibited activities, as detailed in this EULA, we retain the right to limit access to the service or to suspend the service entirely, in and from some countries without notice and at our sole discretion.
 

4. Safety

4.1 Your Interactions with Other Members

We do our best to encourage a respectful user experience using our Service. Though Langmate allows users to communicate only after they have both indicated interest in one another, we are not responsible for the conduct of any member on or off of the Service. We do not encourage users to communicate off the Service or meet in person.
You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT LANGMATE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. LANGMATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

4.2 Access To External Links, Sites, Apps, And Resources

The Service may provide, or third parties may provide, or you may find on User Content, links or other access to other sites, apps, and resources on the Internet. Langmate has no control over such sites, apps, and resources and Langmate is not responsible for and does not endorse such sites, apps, and resources. You further acknowledge and agree that Langmate 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 Content, events, goods or services available on or through any such site, app, or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Langmate is not liable for any loss or claim that you may have against any such third party.
 

5. GENERAL USE OF THE SERVICE

5.1 License and Rights Langmate Grants You

Subject to your complete and ongoing compliance with this EULA, Langmate hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: download, access and use an object code version of the App on any compatible device that you own or control, and access and use all other portions of the Service, in each case, solely for your personal use. Any third party code that may be incorporated into any App is covered by the applicable open source or third party license, if applicable.

5.2 Content

Except for User Content (defined in Section 7), the content that Langmate provides to Users on or through the Service, including, without limitation, any text, graphics, photos, sound recordings (and the musical works embodied therein), audiovisual works (and the sound recordings and musical works embodied therein), software and interactive features, are protected by copyright or other intellectual property rights and owned by Langmate or its third party licensors (collectively, the “Langmate Content”). Moreover, Langmate solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.

5.3 Marks

Langmate trademarks, service marks, and logos (collectively, the “Langmate Trademarks”) used and displayed on the Service are Langmate’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part the Service may be trademarks or service marks owned by third parties (collectively with Langmate Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Langmate or the applicable third party, Langmate’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Langmate’s prior express written consent. All goodwill generated from the use of any Langmate Trademark will inure solely to Langmate’s benefit.

5.4 Reservation of Rights

Langmate hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Langmate Content or Trademarks located or displayed therein.
 

6. Community Rules

By using the Service, you agree that you will not:

1. Use the Service for any purpose that is illegal or prohibited by this EULA.
2. Use the Service for any harmful or nefarious purpose.
3. Use the Service in order to damage Langmate.
4. Violate our Community Guidelines, as updated from time to time.
5. Spam, solicit money from or defraud any members.
6. Impersonate any person or entity or post any images of another person without his or her permission.
7. Bully, “stalk”, intimidate, assault, harass, mistreat or defame any person.
8. Post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
9. Post any Content that is hate speech, threatening, sexually explicit or pornographic.
10. Post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
11. Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
12. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person’s personal information without his or her permission.
13. Use another member’s account, share an account with another member, or maintain more than one account.
14. Create another account if we have already terminated your account, unless you have our permission.Langmate reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this EULA, misused the Service or behaved in a way that Langmate regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

7. User Content, Rights you Grant Langmate, Feedback

7.1 Definition

This Section 7 governs any content that Users set in its profile (“Card”), upload, post or transmit to or through the Service (collectively, “Post”) including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of Japan or any other jurisdiction, including, without limitation, patent, trademark, trade secret and copyright laws (collectively, “User Content”). User Content also includes any content hosted on or accessible through an External Service that is made accessible through the Service. For clarity, User Content excludes any and all Langmate Content.

7.2 Screening Content

Langmate does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, Langmate has the right – but not the obligation – in its sole discretion to remove, disallow, block or delete any User Content: (a) that Langmate considers to violate this EULA, applicable law or otherwise constitute Objectionable Content, or (b) in response to complaints from other Users, licensors or copyright owners or their agents, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, Langmate also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content Posted to the Service as described more fully in Section 5.8 below. Langmate recommends that you save copies of any User Content that you Post on your personal device(s) or other storage media to ensure that you have permanent access to copies of such User Content.

7.3 Ownership

Subject to any third party rights in any preexisting content that is a part of your user content, you retain ownership of any rights you may have in your user content and posting your user content does not transfer ownership of your rights to langmate or any third party.

7.4 Rights you Grant Langmate

By creating an account, you grant to Langmate a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, “Post”) on the Service or transmit to other members (collectively, “Content”). Langmate’s license to your Content shall be non-exclusive, except that Langmate’s license shall be exclusive with respect to derivative works created through use of the Service. For example, in order to protect our users from spammers or other prohibited activities as detailed in this EULA, Langmate would have an exclusive license to screenshots of the Service that include your Content. This expressly includes the authority, but not the obligation, to send notices on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.

You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service.

You agree that all information that you submit upon creation of your account, including information submitted from your the External Service you selected to create your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Langmate above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this EULA or may harm the reputation of the Service.

When communicating with our customer support representatives, you agree to be respectful and polite. If we feel that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Langmate allowing you to use the Service, you agree that we, our affiliates, and our third party partners may place advertising on the Service. By submitting suggestions or feedback to Langmate regarding our Service, you agree that Langmate may use and share such feedback for any purpose without compensating you.

Please be informed that Langmate may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the EULA; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal Safety of the Company or any other person.

7.5 You Must Have Rights to the Content You Post

Certain of Your Representations and Warranties. You must not Post any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post any audiovisual works containing such sound recordings unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Langmate under this EULA.You represent and warrant that: (a) you own the User Content Posted by you or otherwise have all rights necessary to grant the license set forth in this EULA; (b) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Content; (c) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (d) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person resulting from Posting your User Content, including from Langmate’s exercise of the license set forth in Section 7.4.

7.6 Waiver of Rights to User Content

By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post.

7.7 Non-Confidentiality

You must not Post any User Content on or through the Service or transmit to Langmate any User Content that you consider to be confidential or proprietary. Any User Content Posted by you or otherwise transmitted to Langmate will be considered non-confidential and non-proprietary, and treated as such by Langmate, and may be used by Langmate in accordance with this EULA without notice to you and without any liability to Langmate.

7.8 Objectionable Content

You are not permitted to and agree not to Post any User Content that is or could be interpreted to be, as Langmate may determine in its sole discretion, (a) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (b) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((a) and (b) collectively, “Objectionable Content”).The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please report it immediately within the Service or email Langmate at . You acknowledge and agree that Langmate provides you with the ability to report Objectionable Content as a courtesy, and Langmate has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to Langmate. However, Langmate in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing some or all of the User’s User Content and/or reporting the User to law enforcement authorities, either directly or indirectly.
By accessing and using the Service, you acknowledge and agree that you may be exposed to Objectionable Content.

7.9 No Liability

For the avoidance of doubt, Langmate will not be liable for any use or misuse of User Content by any User or any third party sublicensee, whether arising from a breach of this EULA or any other agreement entered into between a User or a third party and Langmate.

7.10 Feedback

If you choose to provide Langmate with input or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant to Langmate a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.

7.11 Engaging with User Content and Other Users

User engagement with User Content and other Users through the Service (e.g., “liking”, “disliking”, “swiping right“, “swiping left”, “matching”, “rating”, “voting”, “reporting”, “blocking”, “unfriending“, “messaging”, or “sharing attachments”) may be tracked and recorded by Langmate. You hereby consent to the monitoring of this activity on the Service.
 

8. Other Users’ Content

Although Langmate reserves the right to review and remove Content that violates this EULA, such Content is the sole responsibility of the user who posts it, and Langmate cannot guarantee that all Content will comply with this EULA. If you see Content on the Service that violates this EULA, please report it within the Service or contact us.
 

9. Payment terms

9.1. General Payment Terms

Langmate may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”).
All payments are independently processed through third party services and are transactions between you and the Platform and us is not a party. Therefore, Langmate does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, Langmate shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
If you purchase from a Third Party Store, you are agreeing to Third Party Store’s terms relating to payment. We are not responsible or liable for any issues related to the services provided by the Third Party Store to you. (See sections 15 and 16).
You must be at least 18 years of age to create an Account on Langmate and use the Service (as specified on section 1. General Terms And Conditions), If you are under the legal age in your country, you may use Payments only with the involvement of your parent or guardian. Make sure you review this EULA with your parent or guardian so that you both understand all of your rights and responsibilities.

9.2 Fees

If you choose to use a paid service, features and functionalities or subscribe to a paid service, you agree to pay the fees (collectively, ”Fee”) as quoted to you when you do the purchase on the Service.
Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, except as otherwise required by law.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased services, features and functionalities (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Langmate quoted at the time of purchase. Langmate reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.
Langmate, in its sole discretion, reserves the right to change its prices and Fees at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don’t agree to these changes, you must stop using the Service and cancel your subscription.
Taxes: Unless otherwise indicated, Fees stated on the Service are inclusive of any applicable sales taxes. The breakdown of any applicable sales taxes payable with your purchase is indicated on the invoice you will receive.
Other costs: If you choose to use a paid service, features and functionalities or subscribe to a paid service, you shall bear any Fees, charges or commission charged for paying for your purchase. You are also responsible for paying any internet connection or telecommunications charges that you may incur by using the Service.

9.3 Price

Langmate operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
Langmate reserves the right to determine pricing for any paid features of the Service.
Langmate may change the price for any services, features and functionalities of the Service, including additional Fees or charges. If you don’t agree to these changes, you must stop using the Service and cancel your subscription.
Langmate, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers, unless made to you, will not apply to your offer or this EULA.

9.4 Authorization

You authorize Langmate to charge all sums for the orders that you make and any level of Service you select to the Payment Method specified in your account or the applicable Third Party Store, such as the Apple App Store or Google Play Store.
 

10. Virtual items and paid subscriptions / Premium features and functionalities

You can register as a member and use the Service for free (collectively, “Free User”, “Normal User”), but the features and functionalities that you can use for free may be limited. To fully enjoy all the features and functionalities of the Service, we may recommend you to use, if applicable, a paid subscription (collectively, “Premium” membership, “Premium User”) or paid features and functionalities referred to here as “Virtual Items”, including but not limited to PLUS+ status (collectively, “PLUS+”, “PLUS+ User”), virtual credits (collectively, “Smiles”), and profile boost (collectively, “Boost”).

10.1 Virtual Items

From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable licence to access special limited-use features from Langmate, referred to here as “Virtual Items.” You can only purchase Virtual Items through Langmate or Langmate’s partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your licence to access Virtual Items. Virtual Items do not incur fees for non-use. Your licence in Virtual Items will terminate on the earlier of Langmate ceasing provision of services or your account closing or terminating. Langmate may also at times provide Virtual Items as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.

Langmate, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Langmate may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and Langmate shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Services.

When a user account is suspended or terminated because of user’s violation of the EULA, or when the Service is unavailable for any unintended reason, your available Virtual Items can be suspended and not refundable.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT LANGMATE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

10.1.1 Smiles

Langmate uses a virtual credit system called Smiles, to give you access to some features and functionalities.
Each of those features and functionalities may requires a specific amount of Smiles determined by Langmate and indicated in the Service.

• You may use Smiles credits for features and functionalities such as "liking," "disliking," "swiping right," "swiping left," "matching," starting chats after the free chat limit is reached, and using messaging tools such as "video sharing," "image sharing," "location sharing," "drawing message," and "voice message."
• Unlocking Chats: After utilizing all your free chats credit, you have the option to unlock additional chats by using a specific amount of Smiles as indicated within the App. The number of Smiles required to unlock a chat may vary and will be displayed at the point of use.
• Smiles will be provided to Users by the means specified by Langmate, such as In-App Purchases within the Service, special offers, daily login, watch in-app advertising including but not limited to third party advertising (daily limited quantity), and in some case, by receiving a vote or rating from other Users. The purchase unit, method of payment, and any other terms and conditions for granting the Smiles will be determined by Langmate and indicated in the Service.
• New registered users are credited with a free amount of Smiles (collectively, “Free Smiles”) to use on the Service. The amount of Free Smiles will be determined by Langmate and indicated in the Service. Langmate, in its sole discretion, reserves the right to change the amount of Free Smiles at any time without prior notice.
• Users that log in the Service every days (every period of 24 hours) will be credited with a free amount of Smiles (collectively, “Daily free Smiles”) to use on the Service. The amount of Daily Free Smiles will be determined by Langmate and indicated in the Service. Langmate, in its sole discretion, reserves the right to change the amount of Daily Free Smiles at any time without prior notice.
• Smiles may not be exchanged or used for cash, property or other economic gain other than the service, features and functionalities designated by Langmate. The amount of Smiles required for receiving the service, features and functionalities will be determined by Langmate and indicated in the Service. Langmate, in its sole discretion, reserves the right to change the required amount of Smiles at any time without prior notice.
• Smiles will not be refunded for any reason whatsoever; provided, however, that this shall not apply if necessary under applicable laws and regulations. In such case, Langmate shall determine the process for refunds in accordance with the relevant laws and regulations.
• Your purchase of Smiles is final and is not refundable, transferable or exchangeable, except in our sole discretion.
• Smiles may only be used by the Account that obtained or purchased those Smiles.
• We retain the right to manage, control, modify and/or eliminate Smiles at its sole discretion.
• Prices and availability of Smiles are subject to change without notice.
• When a user Account is suspended or terminated because of user’s violation of the EULA, or when the Service is unavailable for any unintended reason, your Smiles credit may be suspended and not refundable.

• Note: Coins to Smiles transition notice.
For existing users with a Premium subscription: You will retain the same quantity of "Coins" (now called "Smiles") that used to be included with your plan even after the transition to Smiles. This will remain in effect until you stop your current plan and start a new one, at which point the Bonus Smiles quantity of the new system will apply.

To use some additional features and functionalities, you may need to become a paid Premium member of the service.

10.1.2 Boost

Boost is a special functionality allowing you to be on the top of the Card list during 60 minutes, to get more profile views and potential matches and new friends.
• Your purchase of Boost is final and is not refundable, transferable or exchangeable, except in our sole discretion.
• Boost may only be used by the Account that obtained or purchased those Boosts.• Prices and availability of Boost are subject to change without notice.
• Langmate does not guarantee the compatibility of any matches, and your ability to find and/or make friends and/or make new connections through use of Boost.
• When a user Account is suspended or terminated because of user’s violation of the EULA, or when the Service is unavailable for any unintended reason, your Boost may be suspended and not refundable.

10.1.3 PLUS+

For some users, to fully enjoy all the features and functionalities of the Service, we recommend updating your status and become a PLUS+ user, and unlock some special features.
PLUS+ is a one-time purchase Virtual Items, meaning that it does not require any renewal, and you only need to purchase it one time. After the purchase you will stay a PLUS+ user until you delete your account.
As a Virtual Item, your purchase of PLUS+ is final and is not refundable, transferable or exchangeable, except in our sole discretion.
The latest details on the PLUS+ status, included features and functionalities, and fees, will be determined by Langmate and indicated in the Service.For Users concerned by the PLUS+ status: To see what is your current account status plan (Normal User or PLUS+ User), please go on the Service to “My Page” > “Settings” > “My status”.

10.2 Paid Subscriptions (Premium Membership)

For some users, to fully enjoy all the features and functionalities of the Service, we recommend to use a paid subscription and become a Premium User.
The details on the latest paid subscription Premium membership plan, duration, features and functionalities, and usage fee, will be determined by Langmate and indicated in the Service.For Users concerned by the subscription plans: To see what is your current membership plan and your current account status (Free User or Premium User), please go on the Service to “My Page” > “Settings” > “My status”.

The subscription Fee and terms will be made clear to you on the Service during the in-app purchase process. The Fee and terms may vary from time to time, and the Fee will vary depending on your country of residence. You agree to pay the Fee at the rates indicated to you at the time you sign up for your subscription. We may tell you at least thirty (30) days in advance of any increase in the Fee for your subscription renewal, and offer you an opportunity to cancel the renewal of your subscription if you do not wish to pay the new Fee. SOME SUBSCRIPTIONS MAY BE PAID MONTHLY AND OTHERS MAY REQUIRE A ONE-TIME PAYMENT IN FULL.

Please note that the subscription policy disclosed when joining the service is part of the contract.Please note that changes / cancellations after subscription of paid members of the service can not be accepted. Please see section 10.3 bellow.Also, please note that we do not make refund or payment by daily calculation of the unused period even if we suspend or cancel the paid service you have subscribed in the middle of the use period.

When a user account is suspended or terminated because of user’s violation of the EULA, or when the Service is unavailable for any unintended reason, your membership (Premium) can be suspended and not refundable.

10.3 Auto-Renewal, Automatic Payment

Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW IF YOU DON’T CANCEL YOUR SUBSCRIPTION MORE THAN 24 HOURS BEFORE YOUR RENEWAL DATE.

Objections to a payment already made should be directed to customer support if you were billed by the relevant Third Party Store account such as Apple App Store or Google Play Store. You are also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

You may unconditionally withdraw your consent to automatic payments at any time by going to the settings on the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.

If you want to change or terminate your subscription, you will need to log in to your Third Party Store account such as Apple App Store or Google Play Store, and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted Langmate application from your device. DELETING YOUR ACCOUNT ON LANGMATE OR DELETING LANGMATE APPLICATION FROM YOUR DEVICE DOES NOT TERMINATE OR CANCEL YOUR SUBSCRIPTION.
Langmate will retain all funds charged to your Payment Method until you terminate or cancel your subscription on the Third Party Store account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

You may edit your Payment Method information by visiting the Third Party Store account settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

10.4 Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
PURCHASES OF SMILES, PLUS+, BOOST AND OTHER VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE.

For subscribers residing in the EU or European Economic Area – in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14 day period commences when the subscription starts.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
For subscribers residing in certain states of United States, such as Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Langmate) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Except as noted above for members resident in the Republic of Korea, purchases of VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE.

To request a refund:
If you made a purchase using your Apple ID on Apple App Store, refunds are handled by Apple, not Langmate. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://support.apple.com/en-us/HT204084

If you made a purchase using your Google Play Store account, refunds are handled by Google, not Langmate. To request a refund, please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
You can read more about submitting a request on Google Play at https://support.google.com/googleplay/answer/2479637#apps

If you use your right of cancellation (except for purchases made through your Apple ID and Apple App Store, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.
 

11. PUSH NOTIFICATIONS, LOCATION-BASED FEATURES

We may provide you with emails, in-App messages (“News”), push notifications, alerts and other messages related to the App and/or Langmate Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings within the app (under “My Page” > “Settings”) or on your mobile device. With respect to other types of messaging or communications, such as emails, messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by contacting us at .
The App may allow access to or make available opportunities for you to view certain content and receive other services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
 

12. DISCLAIMER

THE APP, SITE, OUR CONTENT, AND USER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES, AND YOUR ABILITY TO FIND AND/OR MAKE FRIENDS AND/OR MAKE NEW CONNECTIONS BY USING THE SERVICE.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY USER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. LANGMATE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. LANGMATE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
LANGMATE DOES NOT GUARANTEE, REPRESENT OR WARRANT ANY SPECIFIC LANGUAGE LEARNING PROGRESS OR LANGUAGE LEARNING SUCCESS TO BE ACHIEVED BY THE USER BY USING THE SERVICE.
 

13. LIMITATION OF LIABILITY

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY USER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED A SUM EQUAL TO ONE HUNDRED AND FIFTY PERCENT (150%) OF THE TOTAL SERVICE FEES PAID OR PAYABLE BY THE USER UNDER THE RELEVANT ORDER.THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
 

14. INDEMNITY

All the actions you make and information you post and share on Langmate remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
1. Any negligent acts, omissions or willful misconduct by you;
2. Your access to and use or misuse of Langmate Content or the Service;
3. The uploading or submission of Content to the App by you;
4. Any breach of this EULA by you; and/or
5. your violation of any law or of any rights of any third party.
Langmate reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Langmate believes that you are unwilling or incapable of defending Langmate’s interests, without your prior consent. In such case, you agree to cooperate with any reasonable requests assisting Langmate’s defense of such matter at your expense.
The foregoing provision does not require you to indemnify Langmate for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
 

15. Notice Regarding Apple

You acknowledge that this EULA is between you and Langmate only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If Langmate provides a translation of the English language version of this EULA, then the translation is provided solely for convenience, and the English version will prevail.
 

16. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of this EULA are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
1. This EULA are concluded solely between you and Langmate Inc. and not with the providers of the Third Party Store, and Langmate Inc. (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that this EULA provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Langmate Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Langmate Inc..
3. Langmate Inc., not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
4. The Third Party Store provider and its subsidiaries are third party beneficiaries of this EULA, and, upon your acceptance of this EULA, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and this EULA, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
 

17. Governing Law and Arbitration; No Class Action

This EULA, its subject matter and Langmate and your respective rights under this EULA, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to this EULA, shall be governed by and construed under the laws of Japan, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Langmate right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.If you do not want to arbitrate disputes with Langmate and you are an individual, you may opt out of this Arbitration Agreement by sending an email to within 30 days of the day you first access or use the Service.
To the fullest extent permitted by applicable law, YOU AND LANGMATE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND LANGMATE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Langmate agree that all claims arising out of or related to this EULA must be resolved exclusively by the Tokyo District Court, and you and Langmate each agree to submit to the exercise of personal jurisdiction of such court for the purpose of litigating all such claims. Notwithstanding the above, you agree that Langmate shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
 

18. TERMINATION AND REMEDIES

This EULA commences on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
If you want to terminate this EULA, you may do so by (a) notifying Langmate at any time, and (b) closing your Account. Your notice should be sent to Langmate’s address in section 20.
Please note that if you terminate this EULA, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 10.6.
Langmate may terminate or suspend this EULA, including your Account, if you breach this EULA or if Langmate is required to do so by applicable law. You agree that all terminations for cause shall be made in Langmate’s sole discretion and that Langmate shall not be liable to you or any third party for any termination of your Account.
In the event that Langmate determines, in its sole discretion, that you have breached any portion of this EULA, or have otherwise demonstrated conducted inappropriate for the App, Langmate reserves the right to: (a) warn you by message within the Service, or via email (if any email addresses have been provided by you to Langmate) that you have violated this EULA; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Langmate deems to be appropriate.
Termination of this EULA or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
All provisions of this EULA, which by their nature should survive, shall survive termination of this EULA, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.
 

19. Additional

There are a few more things we want to mention before you can use Langmate.
This EULA, which we may amend from time to time, constitute the entire agreement between you and Langmate Inc. This EULA supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Langmate Inc. has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the Service and provides that information on an “as is”, “as available” basis. Langmate Inc. does not give or make any warranty or representation of any kind about the information contained on the Service, whether express or implied. The use of the Service and the materials available on it is at your sole risk. Langmate Inc. is not responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Service is free of viruses or other harmful components. You accept that the Service will not be provided uninterrupted or error free, that defects may not be corrected or that Langmate Inc., or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Langmate Inc. is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Langmate Inc. may take place via electronic means, whether you use the Service or send Langmate Inc. emails, or whether Langmate Inc. posts notices, News within the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Langmate Inc. in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Langmate Inc. provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Japanese Ministry of Justice’s Legislation on Electronic Signatures.
 

20. Contact Us

If you would like to contact Langmate in connection with your use of the Service, then please refer to the contact information below: by mail at Langmate Inc., Minato-ku Shiba 2 chome, Muranaka Building 23-1, Tokyo, Japan, and by email at