Terms of Service

Access and Use of the Service

Services Description: Langbeats helps users learn languages by listening to music.

Limited License: Subject to your compliance with these Terms, including any applicable account requirements, usage limits, and subscription or payment obligations, Langbeats grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and stream the Service Content solely for your personal, non-commercial, educational use within the Service. This license does not permit copying, downloading, redistribution, public performance, public display, extraction, or any other use of Service Content outside the Service.

Your Registration Obligations: You may be required to register with Langbeats in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Langbeats of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit your account at the end of each session when accessing the Service and/or lock and password protect the device used to access the Service. Langbeats will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Langbeats reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Langbeats shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Langbeats may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on Langbeats’s servers on your behalf. You agree that Langbeats has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Langbeats reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Langbeats reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Conditions of Use

Your Rights and Grant of Rights in the Content: Some content that you share or upload, such as photos, may be protected by intellectual property laws. You own the intellectual property rights (things like copyrights or trademarks) for any such content that you create and share on Langbeats. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions (known as a “license”) to use this content. This is solely for the purpose of providing and improving our Products. Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems by either you or Langbeats. When content is deleted, it’s no longer visible to other users.

User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. Langbeats reserves the right to investigate and take appropriate legal action against anyone who violates this provision. You agree to not use the Service to Post, email or otherwise transmit any Content that:

• is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
• infringes any intellectual property or other proprietary rights of any party;
• constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware;
• is objectionable or restricts or inhibits any other person from using or enjoying the Service;
• impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;
• solicits personal information from anyone under the age of 18;
• harvests or collects email addresses or other contact information by electronic or other means for the purposes of sending unsolicited communications;
• advertises or markets a product or service, an individual’s personal page, or any form of solicitation;
• interferes with or disrupts the Service or servers or networks connected to the Service;
• violates any applicable local, state, national or international law;
• furthers or promotes any criminal activity or enterprise;
• or obtains or attempts to access any materials or information through any means not intentionally made available through the Service.

Account Verification: To make your experience as authentic as possible, we may ask you to confirm your identity by verifying your email address or mobile phone number. We do not recommend opening multiple accounts. We also reserve the right to refuse any new account registrations if we find that you have previously registered for an account and your original or older account was permanently suspended for violating these terms of service.

Safety: In order to maintain a safe environment, we remove accounts that are harmful to the community. We utilize a combination of automated and manual systems to block and remove accounts that are used to persistently or flagrantly abuse our community standards. We may evaluate accounts that misrepresent their identity and take actions ranging from temporarily restricting accounts to permanently disabling them.

Apple-Enabled Software Applications

Langbeats offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• These Terms of Service are concluded between Langbeats and you only, and not with Apple.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law.
• Langbeats, not Apple, is responsible for addressing any claims relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software.
• In the event of any third party intellectual property infringement claim, Langbeats, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Langbeats at hi@langbeats.app.

Langbeats and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software.

Special Notice for International Use; Export Controls

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable Content.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights

Ownership of Audio Content: All music, audio recordings, sound recordings, musical compositions, lyrics, translations, timing data, visualizations, educational annotations, and related materials made available through the Service (collectively, “Audio Content”) are either (a) owned exclusively by Langbeats or its affiliates; or (b) licensed to Langbeats by third-party artists, composers, labels, or other rights holders. Audio Content is licensed, not sold. Except for the limited rights expressly granted under these Terms, Langbeats and the applicable rights holders retain all right, title, and interest in and to the Audio Content.

Restrictions on Audio Content Use: You agree that you will not, and will not attempt to:

• download, extract, record, copy, capture, or otherwise reproduce any Audio Content outside of the intended streaming functionality of the Service;
• use any software, scripts, bots, browser extensions, recording tools, or automated systems to access, store, or scrape Audio Content;
• reverse engineer, decrypt, bypass, disable, remove, or otherwise circumvent any digital rights management, encryption, or technical protection measures;
• use any Audio Content for training, testing, validating, or improving any machine learning models, artificial intelligence systems, datasets, or similar technologies;
• redistribute, sublicense, synchronize, publicly perform, publicly display, or otherwise exploit any Audio Content outside the Service.

Any violation of this Section constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.

Service Content, Software and Trademarks: You acknowledge and agree that the Service contains proprietary content, including Audio Content, text, software, code, images, graphics, interfaces, trademarks, and other materials (“Service Content”) protected by copyright, trademark, and other intellectual property laws. Except as expressly authorized by Langbeats, you agree not to copy, modify, reproduce, distribute, frame, scrape, rent, lease, loan, sell, sublicense, create derivative works from, or otherwise exploit the Service or any Service Content, in whole or in part.

Lyrics, Translations, and Educational Materials: All lyrics, lyric translations, transliterations, annotations, timing data, visual cues, and educational metadata displayed in the Service are protected works. Unless otherwise stated, such materials are owned by Langbeats or licensed for use exclusively within the Service. You may not copy, export, reuse, distribute, or create derivative works from these materials outside the Service without Langbeats’s prior written consent.

Corporate Materials and Trademarks: The Langbeats name and logos are trademarks and service marks of Langbeats (collectively the “Langbeats Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners. Nothing in this Terms of Service or the Service should be construed as granting any license or right to use any of Langbeats Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Langbeats Trademarks will inure to our exclusive benefit.

Enforcement of Intellectual Property Rights: Langbeats reserves the right to investigate suspected violations of intellectual property rights and to take any action it deems appropriate, including account suspension or termination, removal of content, technical blocking, and cooperation with rights holders and law enforcement. You acknowledge that unauthorized use of Service Content may cause irreparable harm for which monetary damages may be inadequate, and that Langbeats may seek injunctive or equitable relief without the requirement of posting bond.

Third Party Material

Under no circumstances will Langbeats be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that Langbeats does not pre-screen Content, but that Langbeats and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Copyright Complaints

Langbeats respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and may remove or disable access to allegedly infringing material.

User Content Posted on or through the Service

You are solely responsible for the Content and other materials you Post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to. By Posting any User Content you hereby grant Langbeats and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Langbeats are non-confidential and Langbeats shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Langbeats may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Langbeats, its users and the public.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Langbeats has no control over such sites and resources and Langbeats is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Langbeats shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such site or resource.

Third Party Services

You may enable various online services to be directly integrated into your Langbeats experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. For more information about the implications of activating these third-party services and Langbeats’s use, storage, and disclosure of information related to you, please see our Privacy Policy. However, please remember that the manner in which third-party services use, store, and disclose your information is governed solely by the policies of such third parties, and Langbeats shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within your Langbeats Service.

Indemnity and Release

You agree to release, indemnify and hold Langbeats and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Langbeats expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Langbeats makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

Limitation of Liability

You expressly understand and agree that Langbeats shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Langbeats has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. In no event shall Langbeats’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Langbeats in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.

Termination

You agree that Langbeats, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Langbeats believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Langbeats may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and Langbeats may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Langbeats shall not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Langbeats will have no liability or responsibility with respect thereto. Langbeats reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Langbeats and govern your use of the Service, superseding any prior agreements between you and Langbeats with respect to the Service. These Terms of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Langbeats to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign this Terms of Service without the prior written consent of Langbeats, but Langbeats may assign or transfer this Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Langbeats, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.