LingoMate APP (hereinafter referred to as "LingoMate") is a free online English learning software developed by Hangzhou Feizhu Technology Co., Ltd. The app aims to provide users with a free learning platform for practicing English pronunciation in an entertaining way. This "LingoMate Installation and Usage Agreement" is a legally binding agreement between the user and Hangzhou Feizhu Technology Co., Ltd. (hereinafter referred to as "Feizhu Technology").
The content of this agreement includes the main text of the agreement and all kinds of rules, explanations, or other documents that LingoMate has already published or may publish in the future. All these documents are an integral part of this agreement and have the same legal effect as the main text of this agreement. Users must have full capacity for civil conduct and civil rights, or they should register and use the service under the guidance of their guardians. Before using LingoMate, users must carefully read the entire content of this agreement, especially the bold sections. If there are any questions, users should consult relevant professionals or LingoMate customer service. By accepting this agreement, users must strictly abide by the constraints of this agreement and related rules.
LingoMate may revise various rules, agreements, explanations, or other documents published according to actual business needs. If revisions are made, LingoMate will notify users through methods such as publication on the LingoMate website, sending notifications to the email or mobile phone number submitted during registration, etc. (LingoMate does not assume legal responsibility for any information obtained through channels not authorized by LingoMate). If users do not agree to the revisions, they should immediately stop using any services provided by LingoMate. The revised agreement takes effect immediately upon publication on the LingoMate website or app and becomes part of this agreement. If users log in or continue to use any services provided by LingoMate, it is considered that users fully agree to such revisions. Except as otherwise expressly stated, any new content that expands the scope of "services" or enhances functionality is bound by this agreement.
Please note: Once users click "I have read and agree to the 'LingoMate Installation and Usage Agreement'" and successfully register as formal users (hereinafter referred to as "registered users") or actually use the relevant services provided by LingoMate, it means that users have understood and fully accepted all conditions and content of this agreement, agreeing to be bound by this agreement. At that time, users have no right to claim the invalidity of this agreement due to reasons such as not reading the content of this agreement, and cannot request the revocation of this agreement.
I. I. Service Content
1.1 LingoMate provides users with services such as a recording machine (to save and replay recordings), chatting with foreign teachers, and other services related to learning English.
1.2 The above services may be free or require payment. If payment is required, LingoMate will clearly prompt users. Only after users confirm their willingness and make the relevant payment can they use the paid services. If users refuse to pay the relevant fees, LingoMate has the right to not provide such paid services to users. LingoMate may adjust the services and fees provided based on actual circumstances.
1.3 Users are aware and understand that the costs incurred by users for using LingoMate, including but not limited to internet access, landline, mobile communication, computers, and other related devices, are borne by users.
1.4 Users understand and agree that LingoMate provides the above services solely for teaching and the purpose of users learning English. Users must not use such services to engage in any activities that violate existing national laws, regulations, rules, and policies. Users are also prohibited from infringing on the legal rights of LingoMate staff and other users on LingoMate. Otherwise, LingoMate has the right to terminate all services mentioned in this agreement to users, report to relevant national authorities, and request users to bear all losses.
II. Rules of Use
2.1 When using the services provided by LingoMate, users must comply with the relevant laws and regulations of the People's Republic of China and various rules formulated by LingoMate. Users must not use the services provided by LingoMate for any illegal or improper activities, including but not limited to the following behaviors:
2.1.1 Upload, display, post, spread, or otherwise transmit information containing any of the following content:
a. Contrary to the basic principles established by the constitution;
b. Endangering national security, disclosing state secrets, subverting the state power, or undermining national unity;
c. Harming the honor and interests of the country;
d. Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;
e. Undermining the country's religious policies, promoting cults and feudal superstitions;
f. Spreading rumors, disrupting social order, and undermining social stability;
g. Spreading obscene, pornographic, gambling, violent, murderous, terrorist, or inciting criminal content;
h. Insulting or defaming others, infringing on the legitimate rights of others;
i. Containing false, harmful, coercive, invasive of others' privacy, harassing, infringing, defamatory, vulgar, obscene, or other morally objectionable content;
j. Containing content restricted or prohibited by Chinese laws, regulations, rules, and other norms with legal effect.
2.1.2 Users must not engage in any of the following activities:
a. Sell, transfer, or lend part or all of the services obtained to third parties;
b. Harm the reputation, image, intellectual property rights, trademark rights, etc., of LingoMate;
c. Hinder the normal business operations of LingoMate, infringe on LingoMate's business interests;
d. Send any commercial information on LingoMate without permission or send messages to other users, including any commercial advertisements, harassing messages, speeches, and other messages that LingoMate deems inappropriate;
e. Hinder the normal and legal use of LingoMate services by other users;
f. Attack LingoMate staff and other users with speech attacks or other inappropriate behavior;
g. Use the convenience of registration to steal LingoMate's business secrets;
h. Violate criminal activities;
i. Other behaviors judged as inappropriate by LingoMate.
2.1.3 All users commit to:
a. Without permission, do not delete, modify, or add to the data and applications stored, processed, or transmitted on the LingoMate online education platform;
b. Without permission, do not intentionally create, disseminate destructive programs such as computer viruses;
c. All information materials submitted to LingoMate are true and valid, without falsehood or concealment;
d. Other acts that endanger computer information network security;
2.1.4 Prohibition of inducement. Users understand and agree that users must not instigate or induce LingoMate (and related companies) employees, teachers, advisors to terminate or terminate the service relationship with LingoMate, or introduce others to hire (whether formal, part-time, or contractual) any position. In case of violation, users should bear the reasonable expenses incurred by LingoMate to fill the vacancy and compensate LingoMate for all actual losses and punitive liquidated damages (calculated as three times the annual salary of the employee before leaving).
2.2 If users wish to purchase the paid services provided by LingoMate, they need to follow the instructions given by LingoMate and the requirements of the cooperating payment institutions. Users should ensure the security of the surrounding payment network environment during the operation. LingoMate is not liable for any losses resulting from the user's improper or erroneous actions. In case of a significant system failure on LingoMate's part leading to payment failure, users should immediately contact LingoMate and preserve evidence of such faults or potential damages. LingoMate will take measures based on the information provided by the user.
Special reminder: In the event of receiving messages, calls, emails, or other notifications requiring users to make payments, users must contact LingoMate's staff for confirmation to avoid unnecessary losses.
2.3 If the services provided by LingoMate have an expiration period, users should use them within the specified timeframe. If users fail to use the services within the valid period, it will be considered that LingoMate has fully fulfilled its service obligations, and no refunds will be made for any fees already paid by the user (if applicable).
III. User Information Protection
3.1 In order to fully utilize all the features of LingoMate, users should follow the prompts and complete the entire registration process. When registering, users should submit authentic material information. LingoMate has the right to audit such information, but LingoMate is not obligated to bear any responsibility for the correctness, completeness, validity of such information, or any resulting losses.
3.2 When there is a change in the user's personal registration information, the user should promptly update their registration information to ensure the thoroughness and accuracy of their personal profile.
3.3 After completing the registration, users can use the account to log in and access the relevant services provided by LingoMate. Users should securely manage the account and password, refraining from disclosing account information to any third party. Users are responsible for safeguarding their LingoMate account, and all actions performed with the account are considered the user's own, with the user bearing full responsibility for such actions.
3.4 If a user discovers that their account information has been compromised, they should immediately contact LingoMate customer service for appropriate measures.
3.5 Users have the right to enjoy various services provided by LingoMate in accordance with the relevant rules of LingoMate.
IV. IV. User Privacy
LingoMate places significant importance on the personal privacy of users and will legally protect user privacy in accordance with the following rules.
4.1 Scope of Application:
4.1.1 When users use LingoMate services or products, participate in activities organized by LingoMate, or visit LingoMate webpages, LingoMate automatically receives and records server values on the user's browser, including but not limited to IP addresses and webpage records requested by the user.
4.1.2 Data related to users collected by LingoMate during the use of LingoMate, including but not limited to inquiries, service purchases, and other activities.
4.1.3 User personal data obtained by LingoMate through legal means from business partners.
4.2 Usage Rules:
4.2.1 Personal information submitted by users is limited to the purpose of LingoMate providing services to users, including but not limited to sending users relevant information about products or services or sharing user information with LingoMate's partners for the purpose of sending users information about products or services.
4.2.2 LingoMate promises not to sell, rent, lend, or provide user's personal information free of charge to anyone unless obtaining the user's permission in advance.
4.2.3 LingoMate does not allow any third party to collect, edit, sell, or disseminate user's personal information by any means. If any user engages in such activities, LingoMate has the right to immediately terminate the user agreement with that user and close their account.
4.2.4 LingoMate will make every effort to ensure the security of user's privacy information. However, users acknowledge and agree that LingoMate is not responsible for any information leakage caused by hacker attacks or other reasons beyond LingoMate's control. Nevertheless, LingoMate will take relevant measures to minimize the losses to users.
4.2.5 Users acknowledge and agree that LingoMate may send commercial advertisements about LingoMate's services and products to users in the form of emails, messages, etc., to provide better services to users. If users do not need such advertising information, they should explicitly inform LingoMate.
4.3 LingoMate may disclose user information in the following situations:
4.3.1 With the user's prior consent, disclose to third parties.
4.3.2 To provide users with requested products or services, it is necessary to share user's personal information with third parties.
4.3.3 In accordance with legal requirements, regulations, legal procedures, or mandatory requirements of government authorities.
4.4 Use of Cookies. The main function of cookies is to facilitate users in using website products and/or services and help the website to statistically count the number of independent visitors, etc. By using cookie technology, LingoMate can provide users with more personalized services and allow users to set specific service options. Users understand and irrevocably agree that LingoMate will set or access LingoMate cookies on the user's computer. Of course, users can refuse to use cookies by modifying browser settings, but choosing to reject the use of cookies may affect the convenience of users in using LingoMate's provided services. Information obtained by LingoMate through the set cookies will also be handled in accordance with the rules of this agreement.
V. Intellectual Property
5.1 LingoMate is committed to developing products with independent intellectual property rights and also strives to protect the legitimate intellectual property rights of others. At the same time, LingoMate urges users to respect intellectual property rights and hopes that users can use LingoMate software and related videos legally and reasonably for the purpose of learning English, supporting and respecting the copyright of rights holders. Without the consent of the rights holder, users may not download, copy, adapt, modify, disseminate, or improperly use copyrighted content. Please refrain from abusing or interfering with the teaching services provided by LingoMate, including but not limited to using LingoMate's products and services for illegal copyright infringement purposes, deleting rights holder information in LingoMate products, tampering with relevant computer code, or attacking LingoMate services.
5.2 LingoMate expressly disclaims any express or implied warranties for services, information, or products, including but not limited to warranties for commercial use or fitness for a particular purpose. LingoMate is not responsible for any direct, indirect, incidental, or consequential losses arising from services, information, or products.
5.3 In appropriate situations, LingoMate may decide to terminate the account of a user who infringes or violates the rights of others. If a user infringes on the intellectual property rights of others, LingoMate will, in accordance with national laws and regulations, or in appropriate circumstances, delete specific content or even terminate the user's account in accordance with its service terms or relevant normative provisions.
5.4 All rights to any software (including but not limited to any images, photos, animations, videos, recordings, music, text, and accompanying materials) used by LingoMate to provide services or products to users belong to the copyright owner of that software. Without the permission of the copyright owner of the software, users may not engage in reverse engineering, decompiling, or disassembling of the software.
5.5 Regarding any publicly accessible content posted by users on LingoMate (including but not limited to speech, videos, audio, etc.), users agree and authorize LingoMate to have a free, permanent, irrevocable, non-exclusive, and fully sublicensable right and license worldwide to use, copy, modify, adapt, publish, translate, create derivative works based on, disseminate, watermark with LingoMate, perform, and display such content (in whole or in part), and/or incorporate such information into other works in any form, media, or technology known or developed in the future.
5.6 If users believe that the content on LingoMate or any information posted by other users infringes on their legitimate rights and interests, they can contact LingoMate in a timely manner and provide detailed evidence in accordance with relevant laws and regulations and LingoMate's rules. After verification, LingoMate will take corresponding measures in accordance with legal regulations and LingoMate's relevant rules. Users understand and agree that LingoMate is only a neutral network service platform. In the event of infringement not caused by LingoMate, LingoMate will assist users in safeguarding their rights within the scope of the law and will not be held responsible for any losses suffered by users.
VI. Service Termination
In the event of any of the following circumstances, LingoMate has the right to interrupt or terminate the services provided to users under this agreement at any time without any liability to the user or any third party, and the user shall compensate LingoMate for all losses incurred:
1. The user violates any provision of this agreement.
2. The user fails to pay the service fees as required.
3. The user expressly refuses to accept the updated terms of the agreement or other related responsibilities notified by LingoMate.
4. Force majeure events prevent the continued performance of this agreement.
5. The user fails to use the purchased service within the agreed-upon period.
6. The user has not logged into the LingoMate account for six months or more.
Users agree that after LingoMate terminates the services in accordance with this agreement, it has the right to remove and delete the user's account, related information, and other content on LingoMate, or prohibit the user from continuing to use the services. If a refund is involved, it will be processed according to the rules publicly announced by LingoMate.
VIII. Other Terms
8.1 The establishment, execution, interpretation, and resolution of disputes of this agreement shall be governed by the current laws and regulations of the People's Republic of China.
8.2 In the event that certain provisions of this agreement conflict with the laws and regulations of the People's Republic of China, it shall not affect the validity of other provisions. LingoMate and the user shall still fulfill their respective obligations in accordance with the other provisions.
8.3 In the event of any dispute between the parties regarding the content or execution of this agreement, the parties shall make every effort to resolve it amicably through friendly negotiations. If negotiations fail, either party may bring a lawsuit to the People's Court of Binjiang District, Hangzhou City.