8lingo Terms of Service

Effective Date: 1 January 2024

1. Introduction

Welcome to 8lingo, a language-learning platform provided by Infinite Base Sdn. Bhd. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, and related services (collectively, the “8lingo Platform”). By accessing or using the 8lingo Platform, you agree to these Terms, which also serve as the End User License Agreement (“EULA”) between you and Infinite Base Sdn. Bhd. If you do not agree to these Terms, you must immediately stop using the platform. Certain areas of the platform may have additional terms, conditions, or policies. These Terms incorporate our Privacy Policy, available at www.8lingo.com/privacy. By using the platform, you agree to the collection and use of your information as described in the Privacy Policy.

2. Definitions

  • Application: The software program provided by the Company and downloaded by you on any electronic device, named 8lingo.
  • Application Store: The digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application is downloaded.
  • Account: A unique account created for you to access the Service.
  • Service: The Application and related features, content, and services offered by 8lingo.
  • Subscription: Paid access to certain parts of the Service, offered on a recurring basis.
  • You: The individual or legal entity accessing or using the Service.

3. Acknowledgment

  • You confirm that you are at least 18 years old. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to these Terms.
  • By using the Service, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into this agreement.
  • Your access to and use of the Service is governed by these Terms and our Privacy Policy.

4. Account Registration and Security

  1. Account Creation: You must provide accurate, complete, and current information when creating an Account. You are responsible for maintaining the confidentiality of your login credentials.
  2. Account Security: Notify us immediately of any unauthorized access or use of your Account.
  3. Prohibited Account Usage: You may not impersonate another person or create multiple accounts for malicious purposes.

5. Subscriptions

5.1 Subscription Period

  1. The Service or some parts of the Service are available only with a paid Subscription.
  2. Subscriptions are billed in advance on a recurring and periodic basis (e.g., monthly or annually) depending on the plan selected.
  3. At the end of each billing period, your Subscription will automatically renew under the same terms unless canceled.

5.2 Auto-Renewal and Cancellation

  1. Subscriptions automatically renew unless canceled at least 24 hours before the current billing period ends.
  2. You can manage or cancel your Subscription via your Account settings or through the Application Store.

5.3 Billing and Payment

  1. You must provide accurate and complete billing information, including a valid payment method.
  2. If automatic billing fails, you will receive an electronic invoice and must manually complete the payment by the deadline stated.
  3. All billing for in-app purchases is handled by the Application Store and governed by its terms and conditions.

5.4 Fee Changes

  1. The Company reserves the right to modify Subscription fees at any time. Changes will take effect at the end of the current billing period.
  2. You will be notified of fee changes in advance and may cancel your Subscription if you do not agree to the new fees.

5.5 Refunds

  1. Subscription fees are non-refundable except as required by law.
  2. Refund requests for Subscriptions purchased via the Application Store must be directed to the Application Store.

5.3 Free Trials

  1. Free trials are offered at the Company’s discretion and may require entering billing information. Charges will only apply after the trial period ends.
  2. Free trial periods:
    • Monthly Plan: 3-day free trial.
    • Annual Plan: 7-day free trial.

5.7 Promotional Offers and Discount Codes

  1. Eligibility and Redemption: The Company may, at its discretion, offer promotional discounts, free trials, or other special offers (“Promotional Offers”) that provide discounted or free access to the Service for a limited time. Promotional Offers may be subject to eligibility requirements and additional terms, which will be disclosed at the time of the offer. Promotional codes must be redeemed within the specified period and cannot be transferred, resold, or exchanged for cash.
  2. Billing and Subscription Terms: If a Promotional Offer applies to a subscription, once the promotional period expires, your subscription will automatically renew at the standard subscription rate unless canceled before the renewal date. You are responsible for managing your subscription and canceling it before the promotional period ends if you do not wish to continue at the regular rate.
  3. Apple and Google Store Compliance: Promotions and discount codes are subject to the respective Application Store's policies, including Apple’s App Store Guidelines and Google Play’s Promotions and Discounts Policy. Any refund or dispute related to a Promotion Code must be handled directly with the Application Store through their respective support channels.
  4. Modification or Termination of Promotions: The Company reserves the right to modify, extend, or terminate any promotional offer at any time without prior notice, subject to applicable laws and platform rules.

6. In-App Purchases

  1. The Application may include in-app purchases for products, services, or Subscriptions.
  2. All in-app purchases are handled by the Application Store and are governed by its terms and conditions.
  3. In-app purchases cannot be canceled or refunded once the purchase is completed.
  4. If a purchased item is faulty or not successfully delivered, we will act reasonably to resolve the issue, such as by issuing a replacement or requesting a refund through the Application Store.

7. User Conduct

  1. You agree not to:
    • Use the Service for any unlawful purpose.
    • Upload or distribute harmful content, such as viruses or malware.
    • Harass, abuse, or harm other users.
    • Attempt to reverse engineer or disrupt the functionality of the Service.
  2. Violations of these rules may result in the termination of your Account.

8. Intellectual Property

  1. The Service and its content, features, and functionality are owned by the Company or its licensors and are protected by intellectual property laws.
  2. You may not use, copy, modify, or distribute any part of the Service without prior written permission.
  3. By submitting content through the 8lingo Platform, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display your content in connection with the operation and promotion of the Service.

9. Termination

1. Suspension or Termination of Your Account

We reserve the right to suspend or terminate your Account at any time, without notice, if we believe that you have violated these Terms, any applicable law, or have engaged in conduct that may harm the Company or other users.

9. Termination

1. Suspension or Termination of Your Account

We reserve the right to suspend or terminate your Account at any time, without notice, if we believe that you have violated these Terms, any applicable law, or have engaged in conduct that may harm the Company or other users. Such violations may include, but are not limited to, unauthorized access, use of the Service for illegal activities, or violation of our policies.

2. Consequences of Termination

Upon termination, whether initiated by us or you, your access to the Service will be immediately revoked. You must cease all use of the Service, including any associated accounts, content, or materials, and refrain from attempting to access or use the Service after termination.

Termination of your Account does not affect any rights or obligations that accrued before the termination date. You may be liable for any outstanding payments or other obligations as specified in these Terms.

3. Data Retention After Termination

Upon termination, we may retain certain information related to your use of the Service, as required by applicable law or for legitimate business purposes, such as to comply with legal obligations, resolve disputes, and enforce agreements. Please refer to our Privacy Policy for more information on how we handle your data.

4. Right to Terminate

You have the right to terminate your Account at any time by contacting us through the designated contact channels. Upon such termination, we may retain or delete your data according to our Privacy Policy, and you will no longer be able to access any content or services linked to your Account.

5. No Refunds Upon Termination

Unless otherwise required by law, we do not offer refunds for any subscription fees or payments made before the termination of your Account. Any outstanding payments or fees may still be due after termination, depending on the circumstances.

6. Termination Does Not Limit Other Rights

Termination of your Account does not limit any other rights or remedies available to us under these Terms, including the right to seek damages for violations of these Terms.

10. Limitation of Liability

  1. "AS IS" and "AS AVAILABLE" Service: The Service is provided to you "AS IS" and "AS AVAILABLE," without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Company makes no representations or guarantees that the Service will meet your requirements, be uninterrupted, secure, or error-free, or that any defects will be corrected.
  2. Exclusion of Indirect or Consequential Damages: To the maximum extent permitted by applicable law, the Company and its affiliates, licensors, or service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, goodwill, service interruption, or the cost of substitute services, arising out of or related to your use or inability to use the Service, even if advised of the possibility of such damages.
  3. Jurisdiction-Specific Exceptions: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.
  4. Maximum Aggregate Liability: To the maximum extent permitted by applicable law, the Company’s total liability for any claims, losses, or damages arising out of or relating to your use of the Service shall be limited to:
    • A refund of the subscription fees you paid through the applicable Application Store (Apple App Store or Google Play Store) for the most recent billing cycle, as processed by the respective Application Store, or
    • Termination of your access to the Service, at the Company’s discretion.
  5. Force Majeure: The Company shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control. Such causes include, but are not limited to, acts of God, natural disasters, war, labor disputes, pandemics, power outages, internet disruptions, governmental actions, or any other events outside the Company’s reasonable control.

11. Indemnification

  1. Your Responsibility to Indemnify: You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, officers, directors, employees, agents, and service providers (the "Indemnified Parties") from and against any claims, damages, liabilities, losses, costs, and expenses (including legal fees) arising out of or related to:
    • Your access to or use of the Service, including any actions taken using your Account;
    • Your violation of these Terms or any applicable law or regulation;
    • Any content you submit, post, or transmit through the Service, including claims of infringement or defamation;
    • Transactions, communications, or disputes with other users or third parties, including those related to payments, refunds, or services; and
    • Your negligence, fraud, or willful misconduct.
  2. Defense and Control by the Company: The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company in such a defense. You shall not settle any claim without the prior written consent of the Company.
  3. Notification of Claims: The Company will use reasonable efforts to notify you promptly of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

12. Governing Law

  1. These Terms are governed by the laws of Malaysia, excluding its conflict of law rules. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved amicably through informal negotiations between you and the Company.
  2. For Users Outside Malaysia: If a resolution cannot be reached within 30 days of informal negotiation, any disputes shall be finally resolved by binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration shall take place at a mutually agreed location or virtually, and the proceedings shall be conducted in English.
  3. For Users Within Malaysia: If a resolution cannot be reached within 30 days of informal negotiation, disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.
  4. Consumer Rights: Nothing in this section limits your rights as a consumer under the mandatory provisions of applicable laws of your country of residence.
  5. Compliance with Local Laws: You are solely responsible for ensuring that your use of the Service complies with all applicable local laws and regulations. The Company is not liable for any non-compliance on your part with such laws or regulations.

13. Changes to Terms

  1. We may update these Terms from time to time. Changes will be posted on the 8lingo Platform, and we will notify you of significant updates.
  2. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.

15. License Grant

Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to download, install, and use 8lingo for personal, non-commercial purposes.

By downloading, installing, or using the 8lingo application, you agree to these Terms of Service, including the Privacy Policy and Subscription Terms.

16. Contact Us

If you have any questions about these Terms, you can contact us:

  • By email: support@8lingo.com
  • By mail: Infinite Base Sdn. Bhd., 59-1, Jalan Anggerik Vanilla T31/T, Kota Kemuning, 40460 Shah Alam, Selangor, Malaysia.