Terms and Conditions of Use

I. Definitions

I.1. For the sole and exclusive purpose of this TERMS AND CONDITIONS OF USE document, the following definitions shall apply:

I.1.1. PURCHASE OF SERVICE PACKAGE: action taken by the CLIENT, through various sales channels, such as, but not limited to, website, text message, voice message, application, etc., in which the CLIENT agrees to pay an amount to access the LANGZ APP and become a USER. In some cases, as defined by PROUSER and Commercial Partners, the CLIENT may use the Service at no additional cost.

I.1.2. CLIENT: an individual who subjects themselves to this instrument, by means of prior and mandatory registration in the Application.

I.1.3. MOBILE EQUIPMENT OR CELLULAR PHONE: telecommunications device of the Personal Mobile Service, used by the CLIENT, which operates while moving or stationary.

I.1.4. FLASHCARDS: study cards with audio focused on pronunciation, contextualized sentences, and translation, which assist in memorizing content through association with in-context usage examples.

I.1.5. LANGZ APP: application that allows users to practice and learn words and expressions in various languages through flashcards. PROUSER may, at its sole discretion and at any time, update, alter, suspend, make improvements to, or discontinue any aspect of the Service, temporarily or permanently.

I.1.6. USER: client who has access to the LANGZ APP SERVICE PACKAGE and has accepted the conditions of these TERMS AND CONDITIONS OF USE, becoming eligible to use the LANGZ APP application. The USER has the right to use all features of the Service. In some cases, as defined by PROUSER and Commercial Partners, the CLIENT may use the Service at no additional cost, with the Service being included in an offer part of mobile network operator plans.

I.1.7. PLAN: the USER will subscribe to a specific PLAN. Each plan may entitle the learning of one or more languages. Plans vary according to the offer made to the CLIENT. All details of the PLAN, such as price, billing frequency, and the number of languages the CLIENT may access simultaneously, will be presented at the time of the offer.

II. Object of the Terms of Use

II.1. The purpose of these TERMS OF USE is to establish the specific conditions for using the Service.

II.2. To acquire the LANGZ APP, it is necessary to complete the PURCHASE OF THE SERVICE PACKAGE and agree to the terms of this TERMS AND CONDITIONS OF USE document in its entirety.

II.2.1 The PURCHASE OF THE SERVICE PACKAGE may be carried out through various Sales Channels.

II.3. After completing the PURCHASE OF THE SERVICE PACKAGE, the CLIENT becomes a USER of the LANGZ APP, being able to access the application, and authorizes PROUSER to:

II.3.1 Send free messages containing information solely related to the Service, without any amount and/or benefit being due to the USER for such;

II.3.2 Modify, at any time and without prior notice, the layout of the application, its functionalities, or mode of use, as well as the conditions required to use it;

II.3.3 Verify, at its sole discretion, the veracity of the information provided by the USER.

II.3.4 Automatically cancel its SERVICE, regardless of notification, in the event of cancellation of the SUBSCRIBER’s CELLULAR line (access code) or in the event that the SUBSCRIBER commits unlawful acts that in any way affect the rights of PROUSER or third parties.

II.3.4.1 Once the SERVICE is canceled, the USER will lose access to the Service.

II.4 Default on amounts due in relation to Plans contracted directly by the USER may result in the suspension or cancellation of access to the Service, subject to the conditions of the respective Plan and any prior notification required by applicable law or by these Terms.

II.5 If the LANGZ APP presents any issue, the USER must contact PROUSER via email at suporte@prouser.co.

II.6 The USER hereby declares to have full knowledge that charges for the LANGZ APP are recurring and automatically renewed according to the specifications of the contracted plan presented at the time of the Offer.

III. Service package purchase fees

III.1 The PURCHASE OF THE SERVICE PACKAGE of the LANGZ APP entitles access to the Service.

III.2 PROUSER may enter into commercial partnerships with other companies, which may market and bill the service to the CLIENT according to the prices and periodicities disclosed at the time of contracting. Therefore, the PURCHASE OF THE SERVICE PACKAGE and the payment of the PLAN may be billed together with the billing of services from commercial partners, including telecommunications services from their Carrier, subject to the terms and conditions of use of the respective company. In this case:

III.2.1 The commercial partner, including the telecommunications operator, is merely a collection medium and has no involvement in the provision or availability of the LANGZ APP service and, therefore, bears no responsibility arising from the quality, characteristics, values, rights, or obligations related to the services and content accessed, so that any issues related to these must be addressed directly with PROUSER.

III.2.2 Any dispute regarding charges for this service on a commercial partner’s invoice, including telecommunications services, must be sent to the respective company through its customer service channel. If there is a dispute with the commercial partner and the latter waives the charges for the USER, future charges for the service on the same billing method may be suspended and no longer authorized.

III.2.3 Questions and requests regarding amounts charged by the commercial partner must be handled directly with the respective partner through the customer service channels provided by it.

III.3 The prices of each LANGZ APP PLAN will be widely disclosed during the promotional and contracting process of the Service.

III.4 PROUSER may, at its sole discretion, offer trial periods for the LANGZ APP, during which USERS do not pay to use the Service for a specific period, after which billing begins.

III.5 The USER agrees that the price of the purchase of the LANGZ APP service package may be adjusted in accordance with applicable legislation, upon simple notice sent to the client 30 (thirty) days in advance, who will have the option to cancel the service.

IV. Obligations of users

IV.1. The obligations of USERS, without excluding others that may be provided for in this TERMS AND CONDITIONS OF USE document and/or under applicable law, include the following:

IV.1.1. Make due payment for the services used, in accordance with the current rates of the Service Plan contracted by the USER under applicable law;

IV.1.1.2 If the USER fails to make payment for the service, PROUSER has the right to block or allow the use of the SERVICE. This is at the sole discretion of PROUSER.

IV.1.1.3 If PROUSER allows a non-paying USER to continue using the SERVICE, this shall not grant other USERS the right to use the SERVICE without paying.

IV.1.2. Observe and comply with all provisions of this document (TERMS AND CONDITIONS OF USE).

IV.1.3. Report illegal, improper, inappropriate information or information contrary to public morals and good customs, as well as USERS who use the LANGZ APP to disclose such information directly or indirectly.

IV.1.4. Provide accurate, current, and complete information about yourself, as requested by PROUSER within the service.

IV.1.5. Maintain the confidentiality of your password and other information related to the security of your account.

IV.1.6. Maintain and promptly update all registration information provided to PROUSER, to keep such information accurate, updated, and complete; and (iv) be fully responsible for all use of your account and for any actions that occur through your account.

V. Obligations of PROUSER

V.1. The obligations of PROUSER are:

V.1.1. Make available the use of the LANGZ APP to the USER in accordance with the provisions of this document (TERMS AND CONDITIONS OF USE).

V.1.2. Investigate the validity of complaints made by USERS and take appropriate measures in accordance with the provisions of this TERMS AND CONDITIONS OF USE document. It is hereby established that any and all measures shall be taken solely within the scope of the LANGZ APP, and PROUSER bears no responsibility for any measures related to other services or users not registered on the LANGZ APP.

VI. Limitation and exclusion of warranties and liabilities

VI.1. PROUSER shall not be liable for any damages and/or losses of any nature that may derive from the use of the services and/or information made available through the LANGZ APP, especially, but not exclusively, if such damages and/or losses arise from failures in the telephone network or data network, including Wi-Fi, failures in accessing different existing websites, or from the transmission, dissemination, storage, or making available to third parties of information through the services provided to USERS.

VI.2. PROUSER shall not be liable for damages and/or losses of any and all nature that may arise from access to and, if applicable, interception, elimination, alteration, modification, or manipulation, in any manner, of information that USERS transmit, disseminate, store, make available, receive, obtain, or access through the use of the services subject to these Terms.

VI.3. PROUSER has no obligation to control the content and nature of information transmitted, disseminated, or made available to third parties by USERS through the LANGZ APP, and therefore has no involvement, obligation, or utility regarding the creation, transmission, or disclosure of information made available through the LANGZ APP, including with respect to authorship or intellectual property rights.

VII. Term and duration

VII.1. These TERMS AND CONDITIONS OF USE shall remain in effect for an indefinite period, and the USER must, upon joining the Service, comply with its terms and conditions. PROUSER reserves the right, at any time, to terminate or modify these TERMS AND CONDITIONS OF USE. In the event of an alteration, the USER will be notified directly in the application upon the first access following the update, requiring express acceptance of the new terms before continuing to use the Service. Refusal implies termination of access, pursuant to Clause VIII of this instrument.

VIII. Termination and cancellation

VIII.1. Both PROUSER and the USER may terminate these TERMS AND CONDITIONS OF USE at any time, unilaterally and without cause.

VIII.2. These TERMS AND CONDITIONS OF USE may be terminated in the event of total or partial breach of any clause by the other party.

VIII.3. PROUSER reserves the right to suspend or cancel the LANGZ APP upon prior notice.

IX. License for the app

IX.1. Subject to the TERMS OF USE AND PRIVACY POLICY, PROUSER grants you a non-transferable and non-exclusive license to download, install, and use the application on a mobile device (smartphone or tablet). You may not derive or attempt to derive the source code of all or part of any Application, permit third parties to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any application or any part thereof. PROUSER is and remains the owner of all intellectual property rights in the Application. The TERMS OF USE AND PRIVACY POLICY apply to you only if you are using the application.

IX.2. You acknowledge and agree that these TERMS AND CONDITIONS OF USE and the PRIVACY POLICY are solely between you and PROUSER.

X. Proprietary rights in service content

X.1. All content available through the Service, including designs, text, graphics, images, information, software, audio files, and other files, and their selection and arrangement, are the property of PROUSER. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, copied, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, except as expressly authorized by PROUSER.

X.2. You may not use data mining methods, scraping, or similar data gathering or extraction tools to obtain Service Content.

X.3. As between you and PROUSER, all data, information, and materials generated from your access to and use of the educational activities available on or through the Service are the property of PROUSER. You shall have no right to use such activity materials, except as expressly authorized by PROUSER.

XI. Use of trademarks

XI.1. “LANGZ APP” or simply “LANGZ” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of PROUSER. Access to and use of the Service do not grant or provide you with the right or license to reproduce or use the name LANGZ APP or any trademark, service mark, graphic, or logos of PROUSER.

XII. User content

XII.1. The USER retains ownership of all content that they may create, submit, or share through the LANGZ APP (“User Content”), including, but not limited to, text messages, audio files, and other materials sent during interactions with Orb, the conversational AI of the Service.

XII.2. By submitting User Content, the USER grants PROUSER a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license, for the term of these Terms, to use, reproduce, distribute, and display such content exclusively for the purpose of operating and improving the Service.

XII.3. Conversations conducted with Orb, including texts and audio sent by the USER, are stored for up to 30 (thirty) days and may be accessed by the USER on the history screen of the Service and exported at any time. After this period, data is automatically deleted.

XII.4. The USER represents and warrants that they possess all necessary rights to the User Content they submit and that such content does not infringe third-party rights or applicable laws.

XIII. Prohibited conduct

XIII.1. In addition to the other obligations set forth in this instrument, the USER is expressly prohibited, in using the Service, from:

XIII.2. Sending to Orb, via text or audio, unlawful, offensive, discriminatory, threatening content, or content that infringes third-party rights, regardless of the language used;

XIII.3. Using Orb for purposes unrelated to language learning, including, but not limited to, obtaining harmful information, adult content, or any use that contradicts the educational nature of the Service.

XIV. Supplementary general provisions

XIV.1. NON-WAIVER: The failure of PROUSER to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision, which may be exercised or enforced at any time.

XIV.2. THIRD-PARTY CHANNELS: The Service provides customer support to the USER via WhatsApp. By using this channel, the USER shall be subject to WhatsApp’s terms of use and policies. PROUSER is not responsible for failures, unavailability, or changes to the WhatsApp platform, but remains responsible for customer service provided by its representatives through this channel.

XIV.3. COPYRIGHT INFRINGEMENT NOTIFICATION: If third parties identify content available on the Service that infringes intellectual property rights owned by them, they must send a formal written notice to the email address suporte@prouser.co, specifying: identification of the protected content; location of the content on the Service; a good-faith statement that the use is not authorized; and contact information of the claimant.

XV. Final provisions

XV.1. Through the use of the LANGZ APP, the USER undertakes to respect and comply with the provisions contained herein, as well as current and applicable legislation.

XV.2. The parties select the jurisdiction of the courts of the city of São Paulo, State of São Paulo, Brazil, to settle any doubts and disputes.

XV.3. PROUSER reserves the right to review the terms, conditions, and prices of this document, as well as to suspend or cancel the service, upon 30 days’ prior notice.