End User License Agreement: Terms of Use for Encore!!! Language Learning App (iOS version)

1. Acceptance of Terms
   1. Gurmentor software applications (apps) are licensed, not sold, to you. Your license to each app is subject to your prior acceptance of this end user license agreement, between you and Gurmentor, Inc. Gurmentor, Inc. reserves all rights in and to all software applications not expressly granted to you under this agreement.
   2. These Terms of Use may be updated from time to time, by Gurmentor, Inc. Any such updates will be posted here, at www.gurmentor.com/terms. Your continued use of this site and of any and all software applications constitutes your acceptance of any new Terms of Use.
2. Description of Service
   1. Gurmentor provides access to certain educational content through Gurmentor software applications, free of charge. These materials may be utilized by the end user within the licensing terms of the presenting software.
   2. Additional content and software functionality is available through paid subscription. This additional functionality includes the creation of custom content through My Entry. Access to all user-created custom content for a given language is provided by the software, only during the period of an active paid subscription for that same language.
3. Paid Subscriptions
   1. Gurmentor, Inc. offers lessons, both free and by paid subscription.
   2. Content for free lessons is available through download after installing the software application. Later in this document we describe what a user gets when a free version of the app is downloaded.
   3. Content and enhanced functionality (My Entry) is available through paid subscription. Paid subscriptions are provided for each individual language presented by the software. Later in this document we describe what a user gets when a language is subscribed to.
   4. Each subscription is identified by its language (e.g. French subscription) and is automatically renewed every month. The subscription price is $2.99 per month, per each individual language.
   5. Currently, the following free and subscription products are offered, under the above terms. Encore!!! Language Learning app is based on the L1-L2 language pair learning method where L1 is a known language and L2 is the language one wishes to learn (English is paired with the following languages):
      • Arabic free and subscription
      • Dutch free and subscription
      • French free and subscription
      • German free and subscription
      • Hindi free and subscription
      • Indonesian free and subscription
      • Italian free and subscription
      • Japanese free and subscription
      • Korean free and subscription
      • Mandarin free and subscription
      • Portuguese free and subscription
      • Punjabi free and subscription
      • Russian free and subscription
      • Spanish free and subscription
      • Turkish free and subscription

      From time to time, Gurmentor may update this list of language offerings.

   6. Each individual language subscription may be terminated by the user. Termination becomes effective at the end of the month subscription period in which termination was requested. Detailed termination instructions are provided within the software app.
   7. In addition to providing substantially more language lesson content, each language’s subscription provides the functionality of My Entry, wherein the user is able to create his or her own language lesson content, for his or her own personal use only on the same device.
   8. Access to custom content created with My Entry is available only while the user has an active subscription to the given language. If the user terminates said subscription, My Entry functionality and custom content becomes no longer available.
4. Privacy Policy
   1. Our privacy policy may be viewed at https://gurmentor.com/privacy-policy/.
5. User Content
   1. Under a subscription to any of the languages, the user can create his or her own content, using the My Entry function. This content remains the property of the user and remains on the user’s device. However, access to this content requires an active subscription to the language under which it was created.
6. Termination
   1. A subscription to an individual language can be terminated by the user at any time. The procedure for doing so is given in detail in the information pages on the software app.
   2. The subscription will actually terminate at the completion of the month period during which termination was requested. In other words, the currently active month will complete with the user being able to access all subscribed content and functionality. At the end of this month period, the subscription will expire and the user will no longer have access to the extended content, the My Entry functionality and the user-created content, under My Entry.
   3. A terminated subscription can be re-activated by subscribing to the given language again.
7. Intellectual Property Rights
   1. The user acknowledges and agrees that all intellectual property associated with the software app and the content distributed with it and the content available for download remain the property of Gurmentor, Inc. The content that the user creates under My Entry, remains on the user’s device and is the user’s property.
   2. The user may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the licensed application, any updates or any part thereof.
8. Indemnity
   1. The user agrees to indemnify and hold Gurmentor, Inc. and their officers, directors, agents and employees, harmless from any losses, damages, cost, expense or other liability, arising from any claim, demand, allegation or proceeding brought by any third party due to or arising out of the user’s content, the use of the software app or the user’s violation of any right of another person or entity.
9. Export
   1. The user may not use or otherwise export or re-export the software application except as authorized by United States law and the laws of the jurisdiction in which the software app was obtained.
10. Disclaimer of Warranties and Limitation of Liability
    1. NO WARRANTY: THE USER ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT HIS/HER SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
    2. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USER’S USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. General Information
    1. Applicable legislation and jurisdiction: The Terms of Use shall be governed by the laws of the United States of America, without regard to any conflict of law provisions of any jurisdiction.
    2. Waiver and severability of terms: The failure of Gurmentor, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
    3. The user agrees that these Terms of Use represent the entire understanding between the user and Gurmentor, Inc. These terms supersede any previous agreements between the user and Gurmentor, Inc.
12. Contact
    1. We may be contacted at [email protected].
    2. Gurmentor, Inc. may notify users of changes to these Terms of Use by posting announcements to the gurmentor.com site.

A Brief Overview of what users can expect from Encore!!! Language Learning app.

A summary of what the user gets from Encore!!! Language Learning app:

* The basic app can be accessed free of charge. The user can download the free version of any and all languages offered by Encore!!! Language Learning. The app is based on L1-L2 language learning method where L1 is a known language and L2 is the language to be learnt. These language sequences can be switched by the user and the user sees the text and hears the language.

The free version gives the user access to a number of Free pre-made Playlists so the user can experience the functionality of the app. The functionality includes choosing to repeat each L2 entry in the Playlist with adjustable pause; switch the language sequence in the Playlists; turn off L1 (known language) in the Playlist to hear only the L2 language; The user can use the TEST function of the app to test how well he or she has learnt the language.

The free app also offers the user a complete access to the text of the entire library content in the app. This content can vary depending on the language chosen. 

Once downloaded, the user has access to the free app with no time limit. The user can delete the app content at any time and later re-download the free app.

* Subscribed Version: Encore!!! Language Learning app is available by monthly subscription. A user can cancel the subscription as mentioned above. A user who cancels the subscription can continue to have access to the free content.

A user can choose to subscribe to one or more language and the subscription price is per language. When subscribed the user has access to the text and voice for the entire library (the text of the library can be seen in the free version. 

The user can make new Playlists from the entire Library and use the functions of the app (repetitions with pause, language switch, L1 turned off; Test feature. In addition the user can use My Entry function that allows the user to add new content (text and /or audio) to enhance the library content. The user is solely responsible for My Entry content.