End-User License Agreement
Mindframes Flashcards: Japanese

Last updated: September 6, 2024

This End-User License Agreement (the "Agreement") is a legal agreement between you and Mindframes LLC (the "Licensor"). The Agreement governs your use of Mindframes Flashcards: Japanese (the "Application") made available to you by the Licensor. Please read the Agreement carefully before using the Application. By using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not use the Application.

The Application is licensed, not sold, to you by the Licensor for use strictly in accordance with the terms of this Agreement.

License

The Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Licensor, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Licensor provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, the Licensor does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, any files created by the application, or e-mails sent from or on behalf of the Licensor or the Application are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Licensor.

Restrictions

You agree not to, and you will not permit others to:

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

• copy or use the Application for any purpose other than as permitted under the above section 'License'.

• modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer the Application.

• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Licensor or its affiliates, partners, suppliers or the licensors of the Application.

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the flashcard decks contained in the Application (including any flashcard decks offered as in-app purchases) or any portions thereof.

In-App Purchases

The Application includes an in-app purchase mechanism through which you can buy access to certain products that can be used within the Application ("In-App Products") such as, for example, additional flashcard decks or the ability to import your own flashcards. You acknowledge that some of the content and functionalities included in the Application can be accessed by you for free, while other content and functionalities can be accessed by you only if you make an in-app purchase. All In-App Products are considered to be part of the Application for purposes of this Agreement.

You acknowledge and agree that Google Play (the "App Store") acts as a third-party payment processor for in-app purchases, and that all billing and transaction processes, and any post-purchase processes, are handled and controlled by the App Store and are governed by the App Store's end-user license agreement and any other applicable terms and conditions of the App Store (the "App Store Terms"). You acknowledge that the Licensor does not manage or control the payment process for in-app purchases, and that payment and settlement for in-app purchases are made solely between you and the App Store based on the App Store Terms. If you experience any payment-related issues with an in-app purchase, you agree to resolve such issues directly with the App Store. You acknowledge and agree that the Licensor is not responsible for the policies and practices of the App Store. Please review the App Store Terms before making any in-app purchases.

If you are under 18, you must have your parents' or guardian's permission to make any in-app purchases. By initiating an in-app purchase, you confirm that you have all permissions that are required under any applicable laws in order to make such in-app purchase.

You acknowledge and agree that you are fully responsible for managing your in-app purchases and for the amount of money you spend on in-app purchases. You agree that you are responsible for all charges and usage on your App Store account, including applicable taxes, in connection with all in-app purchases made by you or by anyone else who uses your App Store account. You are responsible for appropriately restricting access to your App Store account by using any password or other authenticiation methods made available by the App Store to prevent unauthorized third-party in-app purchases, and for maintaining the security of your passwords and any other authentication methods. You agree that the Licensor will not be responsible for any unwanted or unauthorized in-app purchases made by you or by third parties, including as a result of any disclosure (accidental or otherwise) of your App Store account password to third parties or any unauthorized third-party access to your App Store account. If you are a parent or guardian of someone under the age of 18, it is strongly recommended that you use any parental controls that are made available by the App Store to ensure that your child does not make any in-app purchases without your permission.

By completing an in-app purchase for an In-App Product, you obtain from the Licensor a revocable, non-exclusive, non-transferable, limited license to use such In-App Product within the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. You acknowledge that any In-App Products are licensed, not sold, to you by the Licensor for use strictly in accordance with the terms of this Agreement.

In-App Products may only be used within the Application and can not be redeemed for cash or other consideration or otherwise be transferred. You acknowledge and agree that if your license to use the Application is suspended or terminated, or you lose access to the Application for any reason, you will not be able to use any In-App Products you have purchased and the Licensor will have no obligation to make any refund or otherwise compensate you in any amount under such circumstances, unless otherwise required by applicable law. You agree that the Licensor has the right to manage, control, regulate, modify or eliminate any In-App Product or change the price of any In-App Product at any time, with or without notice. The Licensor shall have no liability to you or any third party in the event that the Licensor exercises any such rights.

Your order for any In-App Product represents an offer to the Licensor to purchase such In-App Product, and the Licensor's acceptance of that offer shall only occur once the In-App Product becomes available to you within the Application and the payment process is completed, prior to which the Licensor may decline your order for any reason.

ALL IN-APP PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT THE LICENSOR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY IN-APP PURCHASE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

Your Feedback

Any feedback, comments, ideas, improvements or suggestions (collectively, "Feedback") provided by you to the Licensor with respect to the Application (including any In-App Products) will be deemed to have been given voluntarily, and the Licensor will under no circumstances be obligated to compensate you or otherwise credit you for such Feedback.

If you provide the Licensor with any type of Feedback, you will be deemed to have granted the Licensor a non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide license in such Feedback to use, copy, disclose, modify, reproduce, publish, license, distribute, commercialize and otherwise freely exploit without restriction of any kind all such Feedback as the Licensor sees fit. If you provide the Licensor with any Feedback, this will under no circumstances cause the Licensor to have any type of confidentiality obligation to you.

Modifications to Application

The Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application, any In-App Product, or any service to which the Application connects, with or without notice and without liability to you.

Updates to Application

The Licensor may from time to time provide enhancements or improvements to the features and/or functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features, functionalities, In-App Products, and/or content of the Application. You agree that the Licensor has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features, functionalities, In-App Products or content of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that the Licensor shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Licensor does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Privacy Notice

By accepting this Agreement, you acknowledge that you agree and consent to the terms and conditions of the Privacy Notice included with the Application. The Privacy Notice describes how, if at all, the Application collects, stores, maintains, and shares information about you. A link to the Privacy Notice is presented to you for review when you start the Application for the first time, and the Privacy Notice can be accessed from the "About Mindframes" menu within the Application.

Term and Termination

This Agreement shall remain in effect until terminated by you or the Licensor.

The Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

Any license granted to you under this Agreement will terminate immediately, without prior notice from the Licensor, in the event that you fail to comply with any provision of this Agreement. You may terminate this Agreement by deleting the Application and all copies thereof from any devices or computers on which you have installed the Application.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from any devices or computers on which you have installed the Application.

Termination of this Agreement will not limit any of the Licensor's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the Agreement.

Indemnification

You agree to indemnify and hold the Licensor and its parents, subsidiaries, affiliates, officers, employees, members, agents, partners and licensors (if any) harmless from any claim, demand, loss, liability or expense, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application (including any In-App Product); (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Licensor and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application or any In-App Product that is part of the Application.

To the maximum extent permitted by applicable law, in no event shall the Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application (including any In-App Product), third-party software and/or third-party hardware used with the Application, for any losses related to in-app purchases, or otherwise in connection with any provision of this Agreement), even if the Licensor or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Export Compliance

You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

Amendments to this Agreement

The Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of California, United States, without giving effect to any conflict of law principles. Your use of the Application may also be subject to other local, state, national, or international laws.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Forum Selection

Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated in an appropriate state or federal district court located in San Francisco, California, United States, which shall have exclusive jurisdiction over any controversy or claim under or relating to this Agreement.

Entire Agreement

The Agreement constitutes the entire agreement between you and the Licensor regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Licensor.

You may be subject to additional terms and conditions that apply when you use or purchase other of Licensor's applications or services, which Licensor will provide to you at the time of such use or purchase.