These terms and conditions (the “Terms and Conditions”) establish an agreement which will regulate the application license use (the “Application”) by and between you (the “User”) and GUARANGLISH (the “Licensor”).
This agreement regulates the use of the services provided by the licensor (“the Services”) through which you can access the language courses through a digital platform and other Services (the “Content”). The platform allows you to learn English from Guaraní and vice versa, to gain access to it, it is required the registration of an email address and a password, with which an account for the use of the platform will be created (“User account”). The term Application is extended to computer programs in every form and to operating systems as well as application programs, being those in form of source code or object code. The protection provided for in Title VII, Chapter II “Of computer programs” of Law N° 1328/98, the “Copyright and Related Rights Act,” extends to any future version of the app as well as derived programs. The Application represents an innovative example of how to promote the learning of the English language through the Guaraní language, which is a native tongue of Paraguay, and vice versa, combined with technology. The Application is arranged in an educational fashion as a game, with increasing difficulty as the User moves forward, and with a progress measurement system –basic, medium and advanced—, lives, voice and audio commands to exercise pronunciation and hearing abilities, in addition to writing. Most of the Services provided are free, especially the basic level, which do not require internet connection. The Services are available for use in all the countries, but for using the Services, the User will need a hardware, a compatible operative system –the last version is recommended— and internet access for medium and advanced levels.
The Licensor offers the Service, subject to the following Terms and Conditions: Upon access and use of the Application, the user must confirm that it accepts the binding character of the Service’s Terms and Conditions. It is possible that the Licensor, from time to time, might modify the Service’s Terms and Conditions. Every modification will be published on it. The user could inquire in any time the latest version of the Terms and Conditions of use at www.guaranglish.com/bases-y-condiciones. On the other hand, the continuous use of the Service or Application once the modifications are made, this shall be interpreted as consent regarding the new Terms and Conditions. If the User does not agree with the Terms and Conditions of Service or with any future updates, the User will not be able to access the Service.
3.1 User Registration For the use of the Service and access to the Content you will need a User account. As part of the registration process, the User shall choose a password and a username, for which it will need to provide a name, an email address, and other general information. The User is responsible for keeping the confidentiality of its password, account, and any activity performed with them. Every account is personal and non-transferable. As a User, you shall commit to: (i) use your account individually and not share it with others, and to immediately notify— sending a message via the “Help” option within the Application or by email to email@example.com – of any non-authorized use of your account or password, as well as any other breach of security; and (ii) provide verified, precise, up to date, and complete information about yourself, as required in the Service registry form. The minimum age to create a User account and access the app is 3 (three) years old. The User accounts used by younger users must be generated by their parents or tutors, or by an approved educational institution, which will be held responsible for the fulfillment of the Service’s Terms and Conditions. The Licensor is exempted of any responsibility for losses and damages arising from the breach of the Terms and Conditions by the User.
The use of the Services and Content shall comply with the rules established in this section. Any other use of the Services and Content will represent a material breach of this Agreement. The Licensor shall be able to supervise the use of the Services and Content to warrant the compliance of these rules: - The User shall be able to use the Services and Content only for educational purposes, excluding commercial ones. - Concerning the Content, the selling of the hardware containing the Application does not imply the assignment of rights to the acquirer, except for specific contractual agreement stating otherwise. The delivery of the Content does not transfer any rights of promotional use and shall not constitute the concession or waiver of the copyrights’ holder. - The User shall be able to access the Services using any device compatible with the operative systems Android and IOS. Therefore, it shall not modify or use modified versions of the mentioned operative systems, neither enter the platform, service and Content through different interfaces than the ones provided by the Licensor for the use.
The User acknowledges and accepts that all Intellectual Property Rights over the web platform, software used to provide the Service and all the content, texts, videos, images available in the Application and the Services. The Licensor grants the User a limited, personal, and non-transferable license, without sublicensing rights, for around the world and in a non-exclusive nature, to use the platform, the Service, the Content and the Software. The granting of this license is exclusively for personal use and not commercial, according to these Terms and Conditions of Use and based in any other condition or instruction previously communicated by the Licensor. The software’s use License implies only the use of the object code. It is forbidden to the User, as well as third parties, to copy, modify, derivative work, reverse engineer, reverse assemble or any other kind of action that attempts to decipher the source code. It is forbidden as well for Users as for third parties the sale, sublicensing, and assignment of rights over the Licensor’s software. The user acknowledges and accepts that the name Guaranglish and the logotype related to the Services are trademarks pending registration in Paraguay, of which the Licensor is owner. Therefore, the User is not granted any rights or license over any of the trademarks, trade name or the equivalents of protection of any nature, even if the tittle was already transferred or is in the process of it. To use the application the User must necessarily accept the Terms and Conditions of Service.
The Licensor is responsible of providing maintenance and support to the Users for the Services or related matters only, or as required by law. The User can access a copy of the personal information the Application has on its registry, through a request sent to the following email address: firstname.lastname@example.org. On it, the User can request the modification, update or removal of data.
The Licensor reserves the right to modify at any given moment this Agreement and to include additional Terms or Conditions concerning the use of the Services. The modifications made by the Licensor shall be effective immediately and shall be incorporated to this Agreement. Every modification made will be available for the Users in the Application and in the web platform. 8.1 Termination by the User The User can delete its account at any given time and its information will no longer be visible. The User should consider that for technical reasons outside of the control of the Licensor, it may take time until the personal information of the User completely disappears from the search results.
If the User has breached any of the provisions of this Agreement, or if the Licensor suspects the User has incurred in these types of conducts, it shall be able to, without prior notice, terminate this Agreement and prevent the User from accessing the Services. The Licensor reserves the right to deactivate the User accounts that remain inactive for more than 12 (twelve) months. The Licensor reserves the right to modify, suspend or interrupt the Services at any given time, with or without notice, and the Application shall not be held responsible towards the User or others in case of enforcing this right.
The Licensor will not assume any responsibility regarding the improvement in language learning of the User, likewise regarding the elimination of data; defective delivery; delivery of incomplete information; non-conservation of data; personalized configuration of the User; restriction or loss of access; defective programming or others; non-authorized use by sharing access to the Service with others or further incorrect functions or inadequacies regarding the Internet connection. Likewise, the Licensor does not guarantee that the Service or a part of it will be continuously supplied without failures. Likewise, the User expressly accepts that the Licensor shall not have any responsibility for the following: loss of benefits; loss of business funds; loss of use; loss of opportunity; loss of data; direct, indirect, accidental, and special damages resulting from any matter related to the Service or the Content.
This Agreement is executed in accordance with the laws of Paraguay. Likewise, the User and the Licensor agree to submit any controversy arising from the execution of this Agreement or related to it, to its interpretation, validity or invalidity, to the competence of the Courts and Tribunals of the city of Asunción, Paraguay, declining any other forum that may correspond. The User accepts that the Terms and Conditions of the Service represent the entirety of the Agreement that governs its relationship with the Licensor regarding the use of the Service provided. The Terms and Conditions of Service supersede any previous Agreement, written or verbal, including any previous version of the Terms and Conditions of Service use.