Argot Terms of Service
Updated on 15th April 2023
Terms of Service – Argot App
1. Scope of the Argot Terms of Service
1.1 The following terms and conditions (“Terms of Use“) apply between ARGOT LIMITED, with its registered office at 1104 Crawford House, 70 Queens Road Central, Central, Hong Kong, SAR China (“Argot”) and you as a user of the Argot App with free functions and additional paid functions chosen by you by way of so-called InApp Purchases (“Order(s)“) (collectively “App“).
1.2 The App can only be used by consumers in its form on the Google Play Store, i.e., persons who are not acting for predominantly commercial or self-employed purposes (“users,” “you“). A separate license is available for businesses to send educational institutions not covered under these terms.
1.3 References in these Terms of Use to the applicability of statutory provisions are for clarification purposes only. As such, the statutory provisions will still apply, even if not set out in these Terms of Use, unless these are supplemented or expressly excluded.
2. Subject matter of performance and conclusion of the contract
2.1 The Argot App provides a language learning solution according to the available features that allow users to learn different languages. Argot App shall act as a tool to support users in improving language skills but does not promise that the user will reach specific progress in learning a language.
2.2 The user can access the App via the Google Play Store and download it to his or her device by these terms of use here, which are displayed in each case as part of the contract initiation process and must be accepted by the user before starting the download process. By clicking on the download button, the user makes an offer to conclude a contract for the use of the App, including its free basic functions, which Argot accepts by making the App available for use on the user’s device.
2.3 If the user wishes to expand the App’s basic functions with additional functions for which a fee is charged (“premium features”), the user must place an order in the App. Offers by Argot for paid content are not binding. Orders placed by the user constitute a binding offer to conclude a contract for the respective premium features. By clicking on the pay button, the user makes a binding offer to conclude a contract for the respective premium features. The user’s offer only becomes binding for both parties when Argot actually provides the premium feature in the App.
2.4 The user can use the App and all its functions, regardless of whether they are paid or free, without having to create a user account in the App. A user account only needs to be created if the user wishes to save their learning progress in the App.
2.5 For a limited period of time specified in the app, Argot may, at its own discretion, make individual additional premium features available to the user free of charge for test purposes.
2.6 We will send you the contract, which contains the details of your order and these Terms of Use in text form. For security reasons, the contract text is no longer accessible online after the contract has been concluded. Furthermore, you can access these terms of use in the App in the settings under “Info”.
3. Prices and terms of payment
3.1 The user can use the App with the basic functions specified in the service description free of charge.
3.2 For the use of the premium features of the App that go beyond the basic functions of the App, the user must pay the fees shown during the order process.
3.3 Depending on the operating system of the user’s device, payment is made via the Google Play Store account using the means of payment available there. The terms and conditions of the Google Play Store will apply to this payment.
3.4 An internet connection is required to download the app, which must be provided at the user’s expense.
4. Rights of use
4.1 During the term of the respective contract, Argot grants the user the non-exclusive, non-transferable, non-sublicensable right to use the App, including its free basic functions and any premium features, on a single mobile end device, limited to the term of the contract, exclusively for private purposes following these Terms of Use, i.e., to install it on the respective device, to copy it to the extent technically necessary for use following the contract, to load it, to display it and to run it.
4.2 Neither the App nor its respective free basic and premium features may be shared with or made available to third parties without Argot’s prior written consent. In particular, the user may not grant third parties access to the App and its service components and may not disclose its access data to third parties. If the user creates a user account, the user must protect his user password from access by third parties and keep it secret. The user may not pass on his password to unauthorized third parties.
4.3 In particular, the user is prohibited from (i) sublicensing, selling, reselling, transferring, assigning, distributing, sharing, leasing, renting or otherwise generating revenue from Argot Services, (ii) reverse engineering, disassembling, deciphering, translating, decompiling or creating derivative versions of the Argot Software, except as required by law, (iii) enter or generate any data or other content in the App that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
4.4 For the term of the respective contract, the user grants Argot the non-exclusive, non-transferable, and non-sublicensable right to use content entered by the user in the App, in particular, to reproduce, store and process it in the App on the user’s mobile device to the extent that this is necessary for the use of the App, including its respective free basic and premium features, for the benefit of the user following these Terms of Use and the Description of Services.
5. Term and termination
5.1 The use of the App, including its free basic functions, is not subject to a fixed term. Argot or the user are entitled to terminate the App at any time with immediate effect. Argot can terminate by deactivating a corresponding free basic function in the App or the App as a whole. The user may terminate the App, including its free components, by uninstalling the App from their mobile device. Argot must not terminate the App, including its free basic functions, to the extent that the user has subscribed to premium features that require using the free App and/or its free basic features as a precondition.
5.2 For premium features, depending on the respective additional function, an initial term of 30 calendar days or 12 months applies from the day of activation of the premium feature in the app. The term of the premium feature is indicated in the App its respective description in the app and can be viewed transparently in the app on an ongoing basis. After the expiry of the initial term, this is automatically extended for another same period, whereby the user is entitled to terminate the contractual relationship extended in this way at any time with a notice period of one month. Users can terminate by deselecting the respective premium feature in the Google Play Store.
5.3 The right of either party to terminate the respective contract for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account the respective circumstances of the individual case and weighing the interests of both parties, can no longer reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. If the good cause consists in the breach of an obligation under the contract, termination is only permissible after the unsuccessful expiry of a period set for remedy or after an unsuccessful warning. The determination of a time limit for remedial action and a warning are also dispensable if there are special circumstances that justify immediate termination after weighing the interests of both parties.
5.4 In the event of termination, for whatever reason, all rights of use granted to the user in respect of the terminated contractual service shall come to an end. I.e., in the event of termination of a particular premium feature, the user’s rights of use to this terminated premium feature will come to an end, but the user’s rights to use other premium features or the App and its free basic functions will continue (unless these have also been terminated). If the user terminates due to a breach of a contractual obligation by Argot and/or for good cause and if the Customer has paid usage fees in advance, Argot will refund the Customer the usage fees paid in advance on a proportionate basis for the period from the date on which the termination takes effect.
6. Warranty
6.1 If the App, including its free basic functions and any premium features selected by the user, contains a defect at the time of provision which renders the App, a free basic function and/or a premium feature unsuitable for use following the contract, or if such a defect arises during the term of the contract, the user will not be charged for the period during which the App was not suitable.
6.2 In cases where the suitability of the app, a free basic function, and/or a premium feature for use following the contract is not unavailable but merely reduced, the user shall only pay a reduced usage fee. A non-material defect or interruption shall not give rise to a reduced fee.
6.3 Claims for damages by the user shall be subject to the limitations of liability in clause 7.
7. Liability
7.1 In the event of culpable injury to life, limb, or health, the existence of a guarantee, fraudulent intent, or in cases of liability under the Product Liability Act, Argot shall be liable following the statutory provisions.
7.2 Also in accordance with the statutory provisions, Argot is liable for damage caused by intent or gross negligence, including intent or gross negligence on the part of Argot’s representatives or vicarious agents.
7.3 In the event of a slightly negligent breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper implementation of the contractual agreement, the breach of which jeopardizes the achievement of the contractual purpose and the observance of which the user can regularly rely on, Argot shall be liable following the statutory provisions but limited to compensation for the typically foreseeable damage.
7.4 In all other respects, liability on the part of Argot is excluded, irrespective of the legal grounds.
7.5 The above provisions also apply in favor of Argot’s vicarious agents.
8. Property and commercial property rights
Argot is and remains the owner of all property rights and industrial property rights, in particular copyright and exploitation rights, database rights, patents, trade secrets, trademarks, and all other intellectual property rights and similar rights, including technical solutions, in and relating to the App and its performance components, in particular the language content and learning methods.
9. Accessibility
9.1 Argot is committed to helping a vast and diverse world learn languages. We strive to have our apps meet industry standards for accessibility, and we welcome your feedback and questions. For feedback or problems with accessibility, please our Customer Support team via support@argot.ai. Please include information about your device and operating system and a screenshot of the issue you’re experiencing.
9.2 Argot on mobile devices
Being a mobile-first solution, Argot has been built considering the needs of visually and hearing impaired audiences. Argot is in the process of becoming compliant with Android’s Accessibility Standards.
10. Other
10.1 The App and its service components may contain links to certain third-party products, services, or software. The Customer acknowledges that any use of such third-party service is governed solely by the contractual terms and privacy policies of the relevant third-party provider and that Argot does not recommend, is not liable for, and makes no representations regarding any third-party service, its content, or how such third party service uses, stores or processes data.
10.2 The interpretation of this contract and all matters relating to it, including its formation, shall be governed exclusively by Hong Kong law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
/END Argot Terms of Service | Argot.ai