The following Terms of Use apply to all users of Fluentjoy, a brand of Fluentjoy, Inc (hereinafter referred to as “you” or “Users”). The terms and conditions mentioned here apply to all users of http://www.fluentjoy.com/, Fluentjoy Mobile Applications and other services that may be offered by Fluentjoy, Inc. (referred hereafter as "Fluentjoy," "us", "we" and "our") from time to time (collectively, the "Services").

1. Confirmation and Acceptance

This is a legal and binding agreement between Fluentjoy and the Users, and states the terms that govern your use and access of the Service. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.Fluentjoy reserves the right to change these Terms of Use from time to time at its sole discretion without notice to you. You agree to the changes to these Terms of Use by your continued use of the Services after we post notice of such changes. If you do not agree to any changes we make to the Terms of Use, you must cease use of the Services.These Terms of Use govern your use of the Service as well as any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmes, software, database, service information, any form of content available through the Service, as well as the interactive elements/features etc.By accessing or using our Service, you confirm that you can form a binding contract with us, that you accept these Terms of Use and that you agree to comply with them. Your access to and use of our Service is also subject to our Privacy Policy.You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services. We must not have previously disabled your account for violation of law or any of our policies.If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms of Use and to agree to these Terms of Use on behalf of the business or entity.By accessing or using our Service, you may be allowed to share content to other third-party applications through a sharing link or any Application Programming Interface (API) tool. You agree to be governed by the terms and conditions, policies, regulations, and privacy terms of such third-party applications while sharing any content.

2. User Accounts

You must be 18 years or above (or the relevant age in your jurisdiction where you are considered person having the capacity to contract) to create an account or use the Services. If you are under the age of 18 years, your parent, representative or guardian shall agree to these Terms of Use (both for themselves and at your behest) before you can use the Service.You undertake that you shall, at all times, provide true, accurate, current, and complete information as may be required for your use of the Services. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. You undertake to not impersonate someone you aren’t or create an account with someone else’s details unless you have their express permission.You are responsible for any activity that occurs in your account and shall ensure that you keep your account secure. You will not buy, sell, rent, or lease access to your account and content without our written permission. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.Fluentjoy may, at its discretion and without any notice, temporarily or permanently suspend or terminate your content or your account or your access to all or part of the Service if (a) you materially or repeatedly breach these Terms of Use; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Fluentjoy or our affiliates.

3. Restrictions on Your Use of Service

Fluentjoy grants you a personal, non-commercial, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services subject to the Terms of Use, Privacy Policy and any other applicable laws.You may not attempt to gain unauthorized access to any systems or networks connected to the Services, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of any network connected to the Services, nor breach the security or authentication measures for the Services or any network connected to the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of Fluentjoy's systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person's use of the Services.You shall not use the Service for any unauthorized commercial or other purposes not expressly permitted by these Terms of Use, including without limitation, spamming, uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications without our express consent. You shall not create multiple accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information.You shall not use or exploit any of Fluentjoy's intellectual property rights which shall be defined to mean to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, algorithms, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right (collectively "Intellectual Property Rights"), or otherwise infringe on any of Fluentjoy's Intellectual Property Rights (including attempting to reverse engineer Fluentjoy's client or software used) or imitate Fluentjoy’s appearance, design and functions.You shall not access the Service and collect or process content made available through the Service by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools, or decompile, reverse compile or reverse engineer any of software used by the Service or intentionally distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, the Service, servers and networks connected with the Service.You shall not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.You shall not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; endanger national security, divulge state secret, subvert state power, and undermine national unity; harm national honor and interests; incite ethnic hatred or ethnic discrimination and undermine ethnic solidarity; undermine national religious policies and promote cults and superstitions; spread rumors, disturbing social order and undermine social stability; spread or otherwise justifying obscenity, eroticism, gambling. violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people's lives or health, or violent or cruel actions towards people or animals; or insult or slander other people and infringe other people's legal rights and interests.Fluentjoy reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Generated Content on the Service and to suspend or terminate Users their accounts or access to the Service, and to reclaim the account details such as usernames and profile URLs without liability to you.

4. Copyright Policy

The Service allows Users to host, display, upload, modify, publish, transmit, update or share User Generated Content including images, photographs, graphics, videos, audio, sound recordings, voice, etc. from the local libraries of the Users. USERS ARE STRICTLY PROHIBITED FROM POSTING ANY USER GENERATED CONTENT INFRINGING UPON ANY THIRD PARTIES’ RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS IN RESPECT OF CONTENT OF Fluentjoy OR ANY OTHER PERSON / BRAND / COMPANY.Any such infringing UGC may be removed from the Service, when reported by other Users or brands and companies or is brought to the attention of Fluentjoy otherwise. Any legal action which may happen due to such UGC is the sole liability of the User posting the content, and Fluentjoy as a platform and company, its employees, directors, investors and any stakeholders remain indemnified.If you believe that any UGC on the Service is violating your rights, including intellectual property rights, or these Terms of Use, or any other applicable laws, you may submit a complaint of the same in writing to Fluentjoy. Fluentjoy reserves the right to remove, block, terminate or suspend any UGC found in violation of any third-party intellectual property rights, these Terms of Use and any applicable laws, and / or terminate or suspend such User’s account, within a reasonable time from the receipt of such complaint. Fluentjoy shall not be responsible or liable in respect of any such UGC and shall make best efforts to resolve any complaints.

5. Disclaimer and Limitation of Liability

Fluentjoy and its affiliates make no representation or warranty about the Service, including any representation that the Service will be uninterrupted or error-free, and provide the Service (including content and information) on an “as is” and “as available” basis.TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FLUENTJOY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Fluentjoy TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, SHARES OR STORES ON OR THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Fluentjoy WILL BE RESPONSIBLE FOR.TO THE MAXIMUM EXTENT PERMITTED BY LAW, Fluentjoy AND OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Fluentjoy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (D) CLAIMS OF INFRINGEMENT OF ANY THIRD PARTY RIGHTS INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF INTELLECTUAL PROPERTY.

6. indemnity

‍You agree to defend, indemnify and hold harmless Fluentjoy, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

7. Third-party sharing

The Service may contain links / API integration to third-party websites and online services that are not owned or controlled by Fluentjoy. Fluentjoy has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

8. Privacy Policy

Fluentjoy's Privacy Policy applies to personal information you provide in connection with the Services. By using the Service you agree to the terms of Fluentjoy's Privacy Policy.

‍Contacts List Syncing: We access the contacts list on your mobile device. We always ask for your consent before accessing your contacts list and you have the option to deny us the access to your contacts list. Synced contact list is used to connect you with other Users through the ‘Refer and Earn' programme.

9. International Use

The use of services is only prohibited for those countries where the Services are illegal as per the law of the respective country. Your use of the Service is also subject to the applicable laws of your jurisdiction in addition to these Terms of Use.

10. General Terms

‍Fluentjoy may modify the Services or discontinue the Services at any time without notice. You agree that Fluentjoy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.These Terms of Use and the relationship with you shall be governed by the laws of the state of Delaware, and any dispute shall be settled in the court of Delaware.The failure of Fluentjoy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If for any reason a court finds that any provision or portion of these Terms of Use is unenforceable, the remainder of these terms will continue in force and effect.

11. REFUNDS AND CONSUMPTION REQUEST APPROVAL

Fluentjoy may, at its sole discretion, process refunds for purchases made through the Apple App Store, subject to Apple’s policies and procedures. Users seeking a refund must first submit a request directly to Apple, as refunds are managed by Apple according to their policies for purchases made through their platform. For any approved refund requests, Fluentjoy will coordinate with Apple through a consumption request approval process to verify eligibility and complete the refund transaction. This process is subject to Apple’s guidelines, and Fluentjoy may require certain information from the User to facilitate this verification. Please note that refunds may take a few business days to process and that approval is not guaranteed. Any refund granted will be limited to the purchase price and excludes other fees that may have been incurred. By requesting a refund, you acknowledge that Fluentjoy is not liable for any delays or denials resulting from Apple’s refund policies or processing timelines.

Last Modified: 5th Nov 2024