Terms & Conditions

Please read these Terms and Conditions carefully before using our Application. These Terms and Conditions provide the legal framework for using LingoFeed, the language-learning application operated by Creatorminds GmbH, Blumenstraße 47, 70736 Fellbach, Germany.

1. Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• Application means the software program provided by the Company downloaded by you on any electronic device, named LingoFeed.
• Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google LLC (Google Play Store) through which the Application has been downloaded.
• Account means a unique account created for you to access our Application or parts of our Application.
• Affiliate means an entity that controls, is controlled by or is under common control with a party.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Creatorminds GmbH, Blumenstraße 47, 70736 Fellbach, Germany.
• Consumer has the meaning given to it in § 13 of the German Civil Code (BGB): any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
• Country refers to the Federal Republic of Germany.
• Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Application.
• Free Trial refers to a limited period of time during which you may use the Application without a fee.
• In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application.
• Subscription refers to the services or access to the Application offered on a subscription basis by the Company to you.
• Terms and Conditions (also referred to as "Terms") means these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Application.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Application.
• You means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

2. Acknowledgment

These are the Terms and Conditions governing the use of the Application and the agreement that operates between you and the Company. Your access to and use of the Application is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application.

By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Application and should cease its use immediately. Your access to and use of the Application is also conditioned on your acceptance of and compliance with our Privacy Policy.

3. Participation Requirements

To open a user Account and to use the Application you must be at least 13 years old. If you are between 13 and 17 years old, you may use the Application only with the consent of your parent or legal guardian. By permitting you to use the Application, your parent or legal guardian is deemed to consent to these Terms on your behalf and to ratify any Subscription or other contract entered into through the Application.

By entering into a contract with us, you represent that you do not maintain any other user Account with us and that your user Account has not been suspended or cancelled in the past due to violations of these Terms. You also represent that all information provided by you during the registration process is true and complete.

4. Conclusion of Contract and User Account

4.1 Registration process

To use the Application, you must first register and open a user Account through the Application. During the registration process, we will ask you to accept these Terms and our Privacy Policy. You may also register using authentication services such as Sign in with Apple or Sign in with Google.

4.2 Conclusion of the user agreement

A user agreement between you and us comes into existence once you have completed the registration process and created your Account. The user agreement is concluded for an indefinite term and ends as set out in the Termination section below.

4.3 Conclusion of contract for paid Subscription

A Subscription agreement comes into existence when you select a Subscription plan in the Application, click the "Subscribe", "Buy Now" or comparable button, and confirm the purchase through the applicable Application Store's purchase flow.

4.4 Correction of input errors

For Subscriptions purchased through an In-app Purchase, the Application Store's purchase flow provides a confirmation step that allows you to review the details and correct input errors before completing the transaction. If you wish to correct any input or payment-related error after the transaction has been completed, you must contact the applicable Application Store directly.

5. Contract Terms and Subscriptions

5.1 User agreement

The user agreement between you and us remains in effect for an indefinite term and will end when you delete your Account or otherwise terminate the user agreement in accordance with the Termination section, or when terminated by us in accordance with these Terms.

5.2 Subscriptions

5.2.1 If you are a Consumer with permanent residence in Germany: Our Subscriptions may have different minimum contract terms. If the Subscription is not terminated in due time, after the minimum term the contract is automatically extended for an indefinite period and can then be terminated at any time with a notice period of one month. You may opt out of automatic renewal at any time through the settings in the applicable Application Store.

5.2.2 If you are not a Consumer, or you have your permanent residence outside Germany: All Subscriptions will be automatically renewed for the same period as the selected minimum contract term until either you or we terminate the Subscription. You may opt out of automatic renewal at any time through the settings in the applicable Application Store.

5.3 Billing

Fees for a Subscription are collected in advance for the applicable minimum contract term. If the Subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. The Application Store may collect the renewal fee up to 24 hours before the renewal period begins. All billing for In-app Purchases is handled by the applicable Application Store.

5.4 Fee changes

Subscription fee changes become effective at the end of your then-current Subscription period. We will provide reasonable prior notice. Your continued use of the Application after the change comes into effect constitutes agreement to pay the modified fee.

5.5 Refunds

For Subscriptions purchased through an In-app Purchase, billing, cancellation and refund handling are processed and controlled by the applicable Application Store. Except where required by applicable law (including your statutory rights as a Consumer under EU and German law, in particular your right of withdrawal), paid Subscription fees are non-refundable.

5.6 Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees.

6. Right of Withdrawal for Consumers

6.1 Information about your right of withdrawal

Within 14 days of the conclusion of the contract you may withdraw your declaration of intent without giving any reason, and the contract will be unwound. To exercise your right of withdrawal, you must clearly notify us (for example by letter or email) of your decision.

Please address your withdrawal notice to: Creatorminds GmbH, Blumenstraße 47, 70736 Fellbach, Germany — support@creatorminds.ai.

6.2 Consequences of withdrawal

If you withdraw, we will refund all payments you have made for the contract no later than 14 days after we receive your withdrawal notice. We will use the same means of payment that you used for the original transaction, unless we expressly agree otherwise. Where your contract was concluded through an In-app Purchase, any refund will be issued by the applicable Application Store.

If you have requested that the Application or the services be provided during the withdrawal period, you must pay us a reasonable amount (calculated on a pro-rata basis) for the services you have already received.

6.3 Standard form for notice of withdrawal

You may, but are not required to, use the following form for your notice of withdrawal:

— Begin model withdrawal form —
To: Creatorminds GmbH, Blumenstraße 47, 70736 Fellbach, Germany — support@creatorminds.ai
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: [describe the Subscription or service]
Ordered on: [date]
Name of consumer(s): [name]
Address of consumer(s): [address]
Signature of consumer(s) (only if this form is notified on paper): [signature]
Date: [date]
(*) Please delete inapplicable alternative.
— End model withdrawal form —

7. In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions. In-app Purchases can only be consumed within the Application, cannot be cancelled after download has started, and cannot be redeemed for cash. If any In-app Purchase is not successfully downloaded or does not work, we will investigate and act reasonably to provide a replacement or repair. All billing and transaction processes are handled by the Application Store from which you downloaded the Application.

8. Termination

8.1 Termination by you

You may cancel your user Account at any time. You can delete your Account directly in the Application under Settings → Account → Delete Account, by contacting us at support@creatorminds.ai, or via lingofeed.ai/deleteaccount. If at the time of cancellation a valid Subscription is still in effect, any amount already paid for the Subscription will not be refunded except where required by law.

8.2 Termination by the Company

We have the right to terminate the user agreement for any or no reason, in text form, with two weeks' prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of your Subscription.

8.3 Termination for good cause

Either party has the right to terminate the user agreement or any Subscription for good cause within the meaning of § 314 BGB. In particular, we have the right to terminate with immediate effect if you have seriously or repeatedly breached these Terms or are in default on payment despite a reminder.

9. Application Services

You may download and use the Application free of charge. Access to certain features and content (including the AI tutor and premium learning content) is available only as part of a paid Subscription. We strive to provide uninterrupted operation but make no warranty for uninterrupted availability. We reserve the right to modify, replace or discontinue features for technical, commercial, security or legal reasons, with reasonable notice for material changes.

10. Rights and Obligations of the User

The Application is offered to Consumers for personal, non-commercial use. You may not allow any third parties to use your user Account, and you are not permitted to:

• use paid features simultaneously on multiple Devices, unless expressly permitted;
• allow any third parties to access or perceive the Application in a public area;
• make accessible or transfer access data used for authentication;
• circumvent any access control systems for paid features;
• introduce viruses, worms, Trojan horses or other malware;
• use data mining, robots, scraping or similar automated methods;
• use the Application in a manner that infringes third-party rights or violates applicable laws;
• transfer or assign any rights or obligations under your contract to any third parties.

11. Prices and Payment Terms

11.1 Prices

Our prices may differ from country to country. The price that applies to you is the price shown in the Application at the time of your purchase. All prices include applicable VAT where required by law.

11.2 Collection of fees

Fees for a Subscription are collected as set out in Section 5.3. In-app Purchases that are not Subscriptions are collected at the time of purchase.

11.3 Payment methods

Where you purchase paid features through an In-app Purchase, the Application Store handles payment processing and bills you directly.

11.4 Payment default

We reserve the right to pursue any additional remedies that may be available to us as a result of your payment default, to the extent permitted by applicable law.

11.5 Promotional and coupon codes

Unless expressly stated otherwise: codes cannot be applied retroactively; cannot be combined with other discounts; may be applied only once per transaction; and we may restrict participation at our discretion.

12. Responsibility for Content and Services

12.1 No responsibility for third-party content or services

The Application may include links to, or content from, third-party websites, services or providers. We expressly disclaim any responsibility or liability for such third-party content or services.

12.2 No responsibility for user-generated content

You are personally responsible for all content you generate or submit through the Application, including any text or voice inputs, profile information, lesson responses, and any messages you send to the AI tutor.

12.3 Responsibility for violations of law

When generating or submitting content, you must comply with all applicable laws. You are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive or defamatory nature. We may at any time remove and erase any content that is unlawful or violates these Terms.

12.4 Indemnification

If you have wrongfully violated any of the provisions in Section 12.3, you are obligated, to the extent permitted by applicable law, to indemnify us from and against any third-party claims brought as a result.

13. Warranties

Your statutory warranty rights as a Consumer remain unaffected by these Terms, in particular your rights under §§ 327 ff. BGB for digital products. We make no representations or warranties that by using the Application you will achieve any particular learning outcome, language proficiency or other result.

14. Limitation of Liability

14.1 General

The Company shall be liable in accordance with the provisions of this Section 14, taking into account the distinction between free and paid services.

14.2 Liability for free services

For features provided free of charge, the Company is liable only for damages caused by intent or gross negligence, or by the absence of a warranted quality. Liability for gross negligence and absence of a warranted quality is limited to foreseeable damage typical for contracts of this kind.

14.3 Liability for paid services

For paid features, the Company is liable without limitation for damages caused by intent or gross negligence, or by the absence of a warranted quality. Where we breach an essential contractual obligation due to ordinary negligence, our liability is limited to the foreseeable damage typical for contracts of this kind.

14.4 Unaffected liability

The Company's liability for damages arising from injury to life, body or health remains unaffected. Claims under the German Product Liability Act (Produkthaftungsgesetz) also remain unaffected.

14.5 Liability of employees and agents

The above limitations also apply to the personal liability of the Company's legal representatives, employees and vicarious agents.

15. Disclaimer

Without prejudice to your statutory rights and to Section 14, the Application is provided on an "as is" and "as available" basis. We make no representation or warranty as to the operation or availability, uninterrupted or error-free use, accuracy of content, or freedom from harmful components. We make no warranty regarding the outputs generated by generative AI features and you should not rely on them as a single source of factual information.

16. Intellectual Property and Licensed Rights

16.1 Company content

The Application and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. To the extent necessary for the contractual purpose, we grant you a non-exclusive, non-transferable right to use the Application Content for non-commercial purposes in accordance with these Terms. The license lapses when you no longer have access to the relevant feature or when the user agreement has ended.

16.2 Content generated or submitted by the user

You grant us a worldwide, non-exclusive, royalty-free and sublicensable license to use, store, reproduce, modify, translate and otherwise process the content you generate or submit through the Application (including text content, profile information, lesson responses and the transcripts of your conversations with the AI tutor) for the purposes of providing, maintaining, personalising and improving the Application. The processing of your personal data within the scope of this license is governed by our Privacy Policy.

17. Generative AI

You may use generative AI features to submit inputs and receive generated outputs. You are responsible for your inputs and will not use the Company's generative AI features in a way that infringes any rights of the Company or any third party. You acknowledge that outputs may contain errors and that you should not rely on them as a sole source of factual information.

18. Your Feedback to Us

You assign all rights, title and interest in any Feedback you provide to the Company, to the extent such assignment is permitted under applicable law. If for any reason such assignment is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use such Feedback without restriction.

19. Personal Data

We process your personal data in accordance with our Privacy Policy, available at lingofeed.ai/privacy. By using the Application you confirm that you have read and understood our Privacy Policy. Your legal rights as a data subject, including the right to object and to withdraw any consent, remain unaffected.

20. Changes to These Terms and Conditions

We reserve the right to modify or replace these Terms with effect for the future. We will notify you of any changes at least four weeks before the planned effective date, either through the Application or by email. If you continue to use the Application without objection within the four-week period, you will be deemed to have accepted the new Terms. If you object, we expressly reserve the right to terminate the user agreement by ordinary notice in accordance with Section 8.2.

21. Governing Law

These Terms and your use of the Application are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law to the extent they refer to another jurisdiction. Consumers benefit from any mandatory provisions of the law of their country of residence in accordance with Article 6 of EU Regulation 593/2008 (Rome I).

22. Disputes Resolution

If you have any concern or dispute, you agree to first try to resolve it informally by contacting us at support@creatorminds.ai. If the dispute cannot be resolved informally, it may be brought before the competent courts. For all users other than Consumers, the exclusive place of jurisdiction is the court competent for the registered seat of the Company in Stuttgart, Germany. The Company is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Verbraucherstreitbeilegungsgesetz (VSBG).

23. Storage and Review of These Terms

You may review and print these Terms at any time. The most recent version is available at lingofeed.ai/terms.

24. Severability and Waiver

24.1 Severability. If any provision of these Terms is held to be unenforceable or invalid in whole or in part, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

24.2 Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter.

25. Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you in another language. You agree that the original English text shall prevail in the case of a dispute, except where applicable mandatory consumer protection law of your country of residence requires otherwise.

26. Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

Creatorminds GmbH
Blumenstraße 47, 70736 Fellbach, Germany
Email: support@creatorminds.ai

Our complete legal details are set out in our Impressum at creatorminds.ai/impressum.