Terms and Conditions of Service

General

Duolingo websites (“Websites”) and mobile applications, including the Tinycards application (“Apps”) and related services (together with the Websites, the “Service”), including our language proficiency testing services (the “Duolingo English Test”) are operated by Duolingo, Inc. (“Duolingo,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Duolingo may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS IN “GOVERNING LAW AND ARBITRATION” BELOW.

Description of Service

The Service allows users to access and use a variety of educational services, including learning or practicing a language, taking examinations in the Duolingo English Test, and creating and viewing flashcards on the Tinycards App. Duolingo may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

Registration; Submission of Content

A. REGISTRATION

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Duolingo; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Duolingo, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

B. COURSE CONTRIBUTOR SUBMISSIONS

If you are or become a Course Contributor, you may offer to translate or have translated certain existing courses into other languages and you may offer to contribute new courses to the Service, as agreed between you and Duolingo on a case-by-case basis. Subject to any guidelines posted on the Service, you may perform any such translations or create any such courses in accordance with your own schedule and using your own facilities and resources. You are not required to become a Course Contributor and you may cease your activities as a Course Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Course Contributor or for our use of any Course Contributor Materials (as defined below) you submit. Any translation of an existing Duolingo course you submit or have submitted and any new language course you submit or have submitted as a Course Contributor (collectively, “Course Contributor Materials”) are owned by you (subject of course to us retaining ownership of the existing Duolingo course you translated). By submitting any Course Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sublicensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Course Contributor Material in any manner.

C. GENERAL CONTENT

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards or other materials on the Services (“Content”), you hereby grant to Duolingo a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content.

Your Representations and Warranties

You represent and warrant to Duolingo that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, Activity Materials, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. If you register with the Duolingo English Test, you further represent and warrant that the identification materials you submit to Duolingo are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the Duolingo English Test for the express purpose of taking a language examination. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your Duolingo English Test account for any purpose.

You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.

Inappropriate Use

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Duolingo’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Duolingo or its users to any harm or liability of any kind. You will not use the Duolingo English Test to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service, and you will not violate any rules applicable to the English Test or otherwise cheat or circumvent the applicable procedures when taking an English Test.

Indemnification of Duolingo

You agree to defend, indemnify and hold harmless Duolingo and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

License to Apps

Subject to the terms of these Terms and Conditions, Duolingo grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Duolingo, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Duolingo acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Duolingo acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Duolingo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Duolingo acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

In-App Purchases

If you purchase an auto-renewing periodic subscription through the Service, your Duolingo account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Duolingo account and follow instructions to terminate or change your subscription, even if you have deleted your account.

In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.

Duolingo may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Duolingo may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. Duolingo shall have no liability to you or any third party in the event that Duolingo exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Duolingo account registered to you. Duolingo may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Duolingo be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

Refund Policy

A. GENERAL

In the event that Duolingo suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.

B. DUOLINGO ENGLISH TEST

In the event of a Test Issue (described below), Duolingo will, at its option, either (a) provide the user with a refund for the affected test, or (b) use reasonable efforts to resolve the Test Issue. For purposes of this Section, “Test Issue” means: (i) the inability to complete the test due to a failure in the Websites or the Apps, or (ii) Test results are delivered more than 48 hours after the test is completed. Whether an issue constitutes a Test Issue will be determined by Duolingo in its reasonable discretion. For clarity, termination or suspension of your account or certain activities on the Service that results from a violation of Section 5 regarding the English Test rules and procedures does not constitute a “Test Issue” and will not result in a refund. The amount of any refund will depend on the nature of the Test Issue and will not exceed the total amount actually paid by the user for the affected test. To submit a valid claim for a refund, a user must (a) submit the Test Issue in writing to Duolingo within 24 hours after the Test Issue occurs, and respond to Duolingo’s requests for information or cooperation, (b) not have directly or indirectly caused the Test Issue, and (c) have met all test requirements when taking the test prior to making a claim for a Test Issue.

Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Duolingo. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Duolingo, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Duolingo shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Duolingo on the Service are subject to change. In consideration for Duolingo granting you access to and use of the Service, you agree that Duolingo and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

NO REPRESENTATIONS OR WARRANTIES BY DUOLINGO

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY DUOLINGO ARE PROVIDED TO YOU ON AN “AS IS” BASIS. DUOLINGO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUOLINGO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

IN NO EVENT WILL DUOLINGO BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF DUOLINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DUOLINGO’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DUOLINGO FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Termination

Duolingo may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Duolingo account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Duolingo’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Duolingo or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Duolingo, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Duolingo, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Duolingo any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Duolingo or its licensors that are not expressly granted in these Terms and Conditions are reserved to Duolingo and its licensors.

Trademarks

“Duolingo,” “Tinycards” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Duolingo or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Duolingo name or any Duolingo or third-party trademarks, service marks, graphics or logos.

Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://www.duolingo.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Duolingo pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Duolingo’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: 5900 Penn Avenue, Pittsburgh PA 15206, USA
By email: abuse@duolingo.com
Governing Law and Arbitration

These Terms and Conditions, its subject matter and Duolingo’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Duolingo’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

If you do not want to arbitrate disputes with Duolingo and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@duolingo.com within 30 days of the day you first access or use the Service.

If you intend to seek arbitration you must first send written notice to Duolingo’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Duolingo should be sent by any of the following means: (i) electronic mail to legal@duolingo.com; or (ii) sending the Notice by U.S. Postal Service certified mail to Duolingo, Inc., Attention: Legal, 5900 Penn Ave; Pittsburgh, PA 15206. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.

The arbitration will be conducted before a neutral single arbitrator in the County of Allegheny in the Commonwealth of Pennsylvania, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms and Conditions. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Duolingo may elect to have the dispute resolved through non-appearance-based arbitration.

To the fullest extent permitted by applicable law, YOU AND DUOLINGO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND DUOLINGO EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Duolingo agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the County of Allegheny in the Commonwealth of Pennsylvania, and you and Duolingo each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Duolingo shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Miscellaneous

These Terms and Conditions constitute the entire agreement between Duolingo and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Duolingo or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Duolingo may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Duolingo and you, and Duolingo’s and your respective successors and permitted assigns.

Last revised on December 11th, 2017


Nintendo Account Agreement

Version: 06.2017 (EN-EU)

This is a binding agreement between you, an individual, Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan (“NCL") and Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, (“NOE). NOE and NCL are together and individually referred to as “Nintendo" or “we" or “our". This Nintendo Account Agreement (the “Agreement") covers your use of the Nintendo Account.

This Agreement comes into force when you register your Nintendo Account and indicate your acceptance of this Agreement during the registration by means specifically provided by Nintendo for this purpose.

If you are under the age of 18, your parent or legal guardian must accept this Agreement on your behalf.

A General Provisions

1 Definitions

In this Agreement, the following terms shall have the following meanings:

“Digital Products" refers to all games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content which can be accessed via the Nintendo Account Service.

"Nintendo Account" refers to an individual account created by NCL for a person who submitted the registration request and accepted the terms of this Agreement by means specifically provided by NCL for this purpose.

"Nintendo Account Service" refers to an aggregate of all games, applications, software, services, portals, data, websites and other content, whether commercial or non-commercial content, of Nintendo or third-party partners of Nintendo, that is available to users with a registered Nintendo Account when they access games, applications, software, portals, messages, information, data and other content identified as Nintendo Account Service content on any device connected to the internet.

"Nintendo Intellectual Property" refers to all intellectual property, including but not limited to registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, Mii characters and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use.

“Nintendo Shopping Services" refers to any applications, software and services available as Nintendo Account Service that allow users by using a Nintendo Account to (i) acquire Digital Products from NOE, free of charge or against payment, and/or to (ii) register licenses for and download games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content.

"Third-Party Services" refers to any applications, software, add-on content, services, websites, portals, data and other digital content provided by third parties that may be accessible via the Nintendo Account Service, but that are not operated by Nintendo and that allow users to access or register games, applications, software and other digital content of third parties independently from the Nintendo Account under the terms established by third parties.

"User Device" refers to a device manufactured by Nintendo or a third party on which a Nintendo Account user uses a Nintendo Account to access the Nintendo Account Service.

"User-Generated Content" refers to any communications, messages, text, images, drawings, photos, sound, voice, audio recordings, music, movies, information, data and any other material and content (including user names, nicknames, customised Mii characters, Mii nicknames, customised levels, maps, scenarios etc.) that is created by or licensed to Nintendo Account users and that is posted, sent or otherwise made available by a Nintendo Account user via the Nintendo Account Service.

2 Nintendo Account

To use the Nintendo Account Service you must register a Nintendo Account with NCL. You must provide accurate and complete data during the registration and update your registration data if it changes.

If you change the country registered with your Nintendo Account, you must agree to the Nintendo Account agreement applicable for the new country.

The Nintendo Account is personal to you and you may not sell, trade, assign or otherwise transfer your Nintendo Account to any other person or entity.

You are responsible for all transactions made via your Nintendo Account. You must keep your sign-in information secure at all times. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised access to your Nintendo Account by a third party, or any loss, theft or disclosure of your sign-in information, you must immediately notify NCL.

NCL, at its sole discretion, may allow you to link your Nintendo Account to one or several devices manufactured by Nintendo or third parties. If your Nintendo Account is linked to such a device, you must delete your Nintendo Account and any other content that is personal to you from such a device before you sell or otherwise transfer this device to another person.

You may be able to set up additional Nintendo Accounts on behalf of your children or wards that are dependent on your Nintendo Account. You agree to be bound by this Agreement for any such associated Nintendo Accounts (including those for children below the age of 13) you hold now or set up later and that you are responsible for all activities and transactions that take place through your Nintendo Account and any associated Nintendo Accounts.

Children from the age of 13 may use a Nintendo Account set up for them by their parent or legal guardian which is not an associated Nintendo Account. Parents or legal guardians must supervise their children's use of the Nintendo Account at all times.

Parents or legal guardians are responsible for using the parental control functionalities offered by Nintendo as part of the Nintendo Account Service if they want to limit their children’s use of Nintendo Account Service.

3 Use of Nintendo Account Service

The Nintendo Account Service is solely for your own personal recreational and non-commercial use. The Nintendo Account Service must not be used for any other purpose.

You are responsible for all costs in relation to the use of your Nintendo Account, whether by yourself or by your friends, your family or any other third party (including any internet connection fees, the costs for the necessary equipment and any other relevant fees and charges). The exact amount of these costs depends, among other things, on the device that you use to access the Nintendo Account Service, on your activities in the Nintendo Account Service and on the conditions of your internet access provider.

The Nintendo Account Service is not available in all countries. Games, applications, software, services, portals, data and other content offered via the Nintendo Account Service may differ from country to country. Nintendo may from time to time change the Nintendo Account Service, in part or in whole, for the benefit of the Nintendo Account Service users.

Age restrictions may apply to certain Nintendo Account Services.

4 User-Generated Content

NCL is not responsible for any User-Generated Content. User-Generated Content is the sole responsibility of the Nintendo Account user who posted, sent or otherwise made available such User-Generated Content via the Nintendo Account. NCL is not obligated to monitor User-Generated Content. However, if Nintendo becomes aware of possibly unlawful or inappropriate User-Generated Content, NCL reserves the right to delete or to block access to such User-Generated Content at its own discretion.

If you post, send or otherwise make available User-Generated Content via your Nintendo Account you grant NCL a non-exclusive, worldwide, royalty-free, perpetual and fully transferable right to reproduce, publish and make available User-Generated Content via the Nintendo Account Service as envisaged by the application that you use to post, send or otherwise make available such User-Generated Content. This does not apply to User-Generated Content contained in any private messages or in any other private communication.

You acknowledge that any User-Generated Content that you publish via the Nintendo Account Service or share with other users may be viewed, reproduced, published and/or modified by third parties (for example, by making a screenshot of such User-Generated Content). You should not include personal information such as your name, your email address, your address or your telephone number or any other sensitive data in User-Generated Content.

You acknowledge that the Nintendo Account Service may be changed, in part or in whole, at any time and any User-Generated Content may be deleted from the Nintendo Account Service at any time. NCL is not obligated to store any User-Generated Content.

User-Generated Content that you post, send or otherwise make available through your Nintendo Account Service must comply with the Nintendo Code of Conduct.

5 Nintendo Code of Conduct

When using the Nintendo Account Service, you must comply with the Nintendo Code of Conduct. The Nintendo Code of Conduct prohibits all illegal, harmful or otherwise inappropriate conduct, including but not limited to the following:

Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions performed with the Nintendo Account;
Providing any incorrect or false data when registering or using the Nintendo Account;
Making, sharing or playing unauthorised copies of games, applications, software, add-on content, music, images, videos and other content available via the Nintendo Account Service; making new versions of Digital Products or other content available via the Nintendo Account Service ("derivatives");
Using cheats, automation software (bots), hacks, mods or any other unauthorised software designed to modify the Nintendo Account Service or any part of it or using any unauthorised User Device or any unauthorised modification of the User Device; attempting to derive source code of the Nintendo Account Service;
Gaining unauthorised access to any of Nintendo's computers, hardware, equipment, servers or networks used to support the Nintendo Account Service; hosting, intercepting, emulating, reverse engineering any part of the Nintendo Account Service or redirecting the communication protocols used by Nintendo as part of the Nintendo Account Service, regardless of the method used to do so;
Engaging in any commercial or advertising activity, or arranging meetings using a Nintendo Account;
Selling, trading, assigning or otherwise transferring a Nintendo Account to another person or entity;
Posting, sending or otherwise making available via Nintendo Account Service any content that infringes the rights of others, including any patent, trademark, trade secret, copyright, privacy rights, portrait rights or other intellectual property or proprietary rights;
Posting, sending or otherwise making available via Nintendo Account Service any content that contains personal data (including photos, images and videos) of any third party without their permission;
Selling, trading, assigning, licensing, or otherwise conveying virtual property for real money or for funds credited to a Nintendo Account, where "virtual property" refers to any features of games or other content that can be traded with other users for free or for in-game virtual currency;
Fraudulent activities performed in relation to the Nintendo Account Service (in particular in relation to transactions in Nintendo Shopping Services).
6 Background Communication Features

If background communication features are enabled on your User Device, your User Device may perform automatic background communication with Nintendo servers and other User Devices.

Background communication with Nintendo servers enables your User Device to receive system updates, updates for software and applications installed on your User Device, updates for content on the Nintendo Account Service, new applications and important service messages from Nintendo. A system or software update may be required to fully enjoy all features of the Nintendo Account Service.

Background communication with other User Devices may happen depending on the application you use. You will be informed about the background communication features in the respective application.

You can disable background communication features in the settings of your User Device and/or in the settings of the respective application. Depending on your User Device, you may also disable background communication features completely by switching off your User Device communication functions.

7 Third-Party Services

The Nintendo Account Service may offer access to Third-Party Services. Third-Party Services are offered and distributed by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through Third-Party Services. Products that you may acquire via Third-Party Services are not registered to your Nintendo Account. Nintendo assumes no liability in respect of Third-Party Services. Third-Party Services are subject to terms and conditions provided by the respective third parties.

Parental control functionalities offered by Nintendo may not work with Third-Party Services.

8 Nintendo Intellectual Property

NCL owns all rights, titles and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property necessary to operate the Nintendo Account Service. NCL grants to you a personal licence to use the Nintendo Intellectual Property as far as this is necessary to use your Nintendo Account in compliance with the terms of this Agreement. You may not transfer, assign, sublicense or otherwise dispose of this licence to another person or entity and may not use the Nintendo Intellectual Property for any commercial purpose. Further to the licence set out in this Agreement, NCL does not provide you with any right, title or interest in the Nintendo Intellectual Property. NCL reserves all rights in the Nintendo Intellectual Property.

9 Nintendo's Liability to You

NCL is liable for damages arising as a foreseeable result of NCL's negligence or NCL's breach of this Agreement. NOE is liable for damages arising as foreseeable result of NOE's negligence or NOE's breach of this Agreement.
We are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.

As the Nintendo Account Service is for your own personal recreational and non-commercial use, we are also not responsible for any loss of profit, loss of business, business interruption, loss of data or loss of business opportunity.
We do not in any way exclude or limit our liability for: intent or gross negligence; death or personal injury; fraud or fraudulent misrepresentation; any breach of the terms implied by law relating to our title to the Nintendo Intellectual Property; any breach of the terms implied by law relating to the description, satisfactory quality and fitness for purpose of products which may be offered via the Nintendo Account Service; and product liability.

10 Indemnity

You agree to indemnify and hold Nintendo, its affiliates and subsidiaries harmless from and against any loss, liability or claim (including reasonable attorney fees) arising out of or in connection with your use of the Nintendo Account Service in an unlawful manner or otherwise in breach of the terms of this Agreement (including, without limitation, the Nintendo Code of Conduct). This indemnity shall include, in particular, any loss, liability or claim arising out of or in connection with any User-Generated Content, including, without limitation, any photographs, videos or any other materials you upload.

11 Changes to the Agreement

A current version of this Agreement will always be available on Nintendo's website. Nintendo may change the terms and conditions of this Agreement at any time so far as this is necessary or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements. If we make changes, we will give a notification to you via email or by other appropriate means; if you do not object to these changes within 4 weeks after they have been communicated to you, the changes will be deemed to be accepted (the notification will inform you accordingly). Alternatively, Nintendo may offer you to re-accept the revised Agreement by means provided by Nintendo for this purpose. If you object to the changes, Nintendo reserves the right to terminate this Agreement or any portion of it upon reasonable notice and you will have to register again if you wish to continue using the Nintendo Account Service under the new terms and conditions.

12 Termination and Transfer of the Agreement

You may terminate this Agreement at any time by deleting your Nintendo Account.

Nintendo may terminate this Agreement, or any part of this Agreement, at any time, without notice if you breach the terms of this Agreement. In case of minor breaches Nintendo will provide you with a prior warning of your non-compliance and give you an opportunity to remedy this. However, if your behaviour is utterly unacceptable, Nintendo is not required to provide you with such prior warning. Behaviour is considered utterly unacceptable in case of serious violations of the Nintendo Code of Conduct and other important provisions of this Agreement.

Nintendo may also terminate this Agreement, or any part of this Agreement, at any time, for legal, technical or commercial reasons. In this case, we will provide you with reasonable advance notice.

The termination of this Agreement for any reason will lead to the termination of any licences granted under the Agreement and will prevent your use of the Nintendo Account Service, including, but not limited to, Nintendo Shopping Services. The termination of a part of this Agreement may limit your use of selected applications and functionalities of the Nintendo Account Service.

You agree that any termination of your Nintendo Account may also affect any associated Nintendo Accounts as described in Article 2.

If this Agreement is terminated for any reason, Articles 8, 9, 10, 13 and 14 will remain in effect.
Either of NCL or NOE may transfer in its sole discretion the entire contractual relation with you under this Agreement, or parts thereof, to the respective other affiliated Nintendo company). You will be informed of such transfer at least one month in advance.

13 Agreement Interpretation

If any part of this Agreement is found to be invalid or unenforceable, that part of the Agreement will no longer apply. You agree that the invalid part will be considered deleted from the Agreement, but that all other parts of the Agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention.

14 Governing Law

14.1 Except to the extent expressly provided in section 14.2, this Agreement and the relationship between you and NCL shall be governed by the laws of Japan, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods. For the avoidance of doubts, this does not affect the applicability of mandatory statutory laws such as consumer protection laws of your country of residence.

14.2 The relationship between you and NOE, in particular when acquiring Digital products via the Nintendo Shopping Services from NOE, shall be governed by the laws of Germany, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods. For the avoidance of doubts, this does not affect the applicability of mandatory statutory laws such as consumer protection laws of your country of residence.

15 Customer Support

If you have any questions about this Agreement, please contact us by email: service@nintendo.de.

16 Use of Digital Products on Apple’s Devices

If you use the Digital Product on a device provided by Apple, Inc. (“Apple"), the following applies:

16.1 The Digital Product should be used in line with the App Store Terms of Service.

16.2 The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Digital Product.

16.3 The parties acknowledge that Apple bears no responsibility for any claims that the use of the Digital Product infringes the intellectual property rights of third parties.

16.4 You represent and warrant that you do not live in a US export-embargoed country or a country designated as a “terrorist supporting" country by the United States government, and that you are not on the list of people barred or excluded from the United States.

16.5 The parties acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

B Nintendo Shopping Services

Nintendo Account Services may offer access to Nintendo Shopping Services. You can use Nintendo Shopping Services to acquire Digital Products from NOE, free of charge or against payment, as well as to download and use Digital Products on your User Device and/or via Nintendo Account Services. All sales through Nintendo Shopping Services are made by NOE and NOE is the seller to you.

1 Digital Products

1.1 Registering Digital Products

In order for you to download and use Digital Products via the Nintendo Shopping Services, a licence for the respective Digital Product needs to be registered.
The licence for Digital Products may be acquired in various ways, subject to availability in your country.

If the licence for a Digital Product is offered free of charge by NOE in Nintendo Shopping Services, the licence will be registered to your Nintendo Account after you have submitted the respective order in Nintendo Shopping Services.

Except as otherwise provided, if the licence for a Digital Product is offered for purchasing in Nintendo Shopping Services by NOE, the licence will be registered to your Nintendo Account after you have submitted the respective order in Nintendo Shopping Services and made the payment to NOE.

The licence for a Digital Product may also be purchased or acquired outside of Nintendo Shopping Services. In this case, you will be informed about the applicable process to register the licence for a Digital Product to your Nintendo Account.

Except as otherwise provided, the licence for a Digital Product is tied to your Nintendo Account and allows you to use the Digital Product only on one User Device you have linked to your Nintendo Account and to which the Digital Product has been downloaded. Except as otherwise provided, all users on your linked User Device may use the respective Digital Product.

If NOE offers a license for a Digital Product for download and use on a Nintendo 3DS system or Wii U console for purchasing in Nintendo Shopping Services, a Nintendo Network ID is required and the license for the respective Digital Product is registered and tied to your Nintendo Network ID. In this case, the Nintendo Network Agreement and Nintendo Network Privacy Policy you accepted when registering a Nintendo Network ID apply to your download and use of the Digital Product.

IMPORTANT: NCL will solely provide the technical infrastructure to enable you to register the licence to your Nintendo Account. However, NCL is not the seller.

1.2 Licence for Digital Products

Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device. Digital Products must not be used for any other purpose. In particular, without NOE’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law.

1.3 Virtual Items

The currency that is sold by NOE via Nintendo Shopping Services for use in a Digital Product or any other digital item that you may acquire within a Digital Product (the "Virtual Items") is made available to you as a digital content in the form of a license (right) to trade or exchange for other digital content within the Digital Product.

The Virtual Items, as well as other digital content traded or exchanged for Virtual Items can only be used within the respective Digital Product, cannot be transferred to a third party (unless a transfer is permitted within the Digital Product) and cannot be exchanged for legal tender or any item or right outside of the Digital Product.

2 Defects

In the event of a defect the statutory provisions shall apply. If an additional manufacturer’s warranty applies, any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have.

3 Payment Methods

NOE may offer various payment methods, subject to availability in your country.
NOE may allow you to upload and use funds to make the payment for Digital Products that you purchase from NOE in Nintendo Shopping Services. Funds may be uploaded to your wallet by using a credit card or any other payment method accepted by NOE, by inserting a digital code printed on a Nintendo eShop Card available in retail, or by any other method communicated by NOE.
Funds are tied to your wallet and cannot be transferred to any other person or entity. Funds are non-refundable and cannot be exchanged for cash or credit. Funds can only be used to purchase Digital Products from NOE in Nintendo Shopping Services. NOE may, in its sole discretion, restrict the maximum amount of funds that may be uploaded to your wallet.
You are responsible for any use of funds stored in your wallet.
In case you acquire the licence for a Digital Product from any third party, the third party will inform you about the applicable payment method.

4 Shopping History

For any transactions in Nintendo Shopping Services you will receive an electronic receipt confirming the transaction. This receipt will be sent to you via email. If you set up an associated Nintendo Account for your child below the age of 13, the receipt for any transactions that take place through the child’s Nintendo Account will be sent to your email address.

5 Third-Party Shopping Services

Nintendo Account Services may offer access to shopping services operated by third parties. Third-party shopping services are offered by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through such third-party shopping services. Products that you may acquire via third-party shopping services are not registered to your Nintendo Account. Nintendo assumes no liability in respect of third-party shopping services. Third-party shopping services are subject to terms and conditions provided by the respective third parties.

6 Information about Online Dispute Resolution and Alternative Dispute Resolution for Consumers

The EU-Commission has established an online platform for the resolution of disputes between traders and consumers (ODR-platform). The ODR-platform is accessible via https://ec.europa.eu/consumers/odr/. NOE is not obliged to participate and is currently not participating in alternative dispute resolution proceedings before a consumer arbitration body.

END OF NINTENDO ACCOUNT AGREEMENT

Instructions for Right to Cancel (of a transaction in Nintendo Shopping Services)

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, fax number: +49 69 667747 95412, telephone number: for the UK and Ireland: +44 345 60 50 247 / for other EU countries and South Africa: +49 69 667747 5412, email: for the UK and Ireland: customer-support@nintendo.co.uk / for other EU countries and South Africa: eShopService@nintendo.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

The cancellation right expires earlier in respect of the contracts listed below:

contracts for the supply of digital content: where we supply digital content not on a tangible medium, the cancellation right expires if we have begun our supply of the digital content after you have expressly consented that we can begin the supply before the cancellation period ends, and you have acknowledged that you lose your right to cancel the contract in this circumstance;
service contracts: the cancellation right expires earlier if the service has been fully performed by us, the performance of the service began with your prior express consent, and you acknowledged that you lose your right of cancellation once the contract has been fully performed.
Model Cancellation Form

(If you want to cancel the contract please complete and return this form.)
- To Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, fax number: +49 69 667747 95412, email address: for the UK and Ireland: customer-support@nintendo.co.uk / for other EU countries and South Africa: eShopService@nintendo.de

I/We ( * ) hereby give notice that I/we ( * ) cancel my/our ( * ) contract of sale of the following goods( * )/for the provision of the following service ( * ):
- Ordered on( * )/received on ( * );
- Name of consumer(s);
- Address of consumer(s);
- Signature of consumer(s) (only if this form is notified on paper),
- Date:


TRUECALLER TERMS OF SERVICE
Revised 28 March, 2017
True Software Scandinavia AB (“Truecaller” or “we”) offers users (“Users” or “You”) global phone community services transacted through various software applications and services, including but not limited to the “Truecaller”, the “Truedialer” and the “Truemessenger” applications.
These Terms of Service and the Truecaller Privacy Policy (the “Terms”) will govern Your use of Truecaller’s software applications, websites, web service API, tools or other services and features provided by Truecaller from time to time (collectively “Services”). By accessing or using any of the Services, You agree to be bound by these Terms. Where other third party services are made available as part of our Services, then the respective third party terms of service and privacy policy shall apply to any such use by You. If You are registering with Truecaller as a business entity, You represent that You have the authority to legally bind that entity. For Truecaller SDK and Truecaller Priority Users specific terms apply in accordance with the respective agreements for such services. For API Users, additional provisions apply in accordance with the API License Addendum (which is incorporated by reference into these Terms).
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.
1.	Personal Information
We are firmly committed to the security and protection of personal information of our Users, their contacts and the Services. The TruecallerPrivacy Policy describes how we collect, use, share and process personal information and You acknowledge and agree that Truecaller may collect, use, share and process personal information as described therein.
2.	Grant of Rights
Except as otherwise agreed separately in writing between us or as set forth in the API License Addendum and subject to Your compliance with these Terms at all times, Truecaller grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the Truecaller Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Truecaller software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the Truecaller software applications).
You are not granted any right to use Truecaller’s name, trademarks or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by Truecaller.
In case You wish to use any part of the Services as a part of Your own application or modify any part of the Services, such use is subject to Truecaller’s prior written approval and that You enter into a separate license agreement with Truecaller. Any API, commercial or enterprise use of the Services shall be governed by the API License Addendum or such other separate agreement as may be required by Truecaller.
3.	Support
Truecaller strives to provide adequate and efficient technical support, upgrades and updates for the Services. Truecaller shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.
4.	User Obligations and Restrictions
You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with Truecaller as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with Truecaller in order for Truecaller to provide the Services and share the Content with other Users.
Except as otherwise agreed separately in writing between us, or as set forth in the API License Addendum, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge Truecaller's rights in,or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.
You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.
Scraping of any information contained in the Services, including any Content and any third party information accessible via the Services, is strictly prohibited.
You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by Truecaller, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Truecaller is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to Truecaller, You agree that Truecaller may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.
You may contact Truecaller at support@truecaller.com to report any violation or infringement of Your rights by Users of the Services.
5.	Proprietary Rights
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Truecaller and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.
6.	Constitutional Protection of Truecaller Database
The Swedish Authority for Press, Radio and Television (Sw: myndigheten för press, radio och tv) has issued a Publishing Certificate (Sw: utgivningsbevis) for the Truecaller database and website (Truecaller,www.truecaller.com) in accordance with the Database Rule of the Swedish Fundamental Law on Freedom of Expression (Sw: 1 kap. 9 § andra stycket yttrandefrihetsgrundlagen). Such Publishing Certificate provides for constitutional protection under the Swedish Fundamental Law on Freedom of Expression for the database, the website and the provision thereof. Responsible Editor is Mr. Alan Mamedi, appointed by True Software Scandinavia AB.
7.	Unmoderated Content
Any Content that is not published by Truecaller, i.e. that You or other Users post or communicate directly in or on the Services, including User information, User profile information, status updates and messages sent via the Services may not be previewed by Truecaller. Any such unmoderated Content will not be covered by constitutional protection under the Swedish Fundamental Law on Freedom of Expression as per the paragraph above and Truecaller will not be liable for the publication of such Content. We will indicate any unmoderated or moderated Content published in or on the Services, for example by using different badges in connection with the publication of such Content.
You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:
a.	is true and not false or misleading;
b.	is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
c.	belongs to You, or which You have a right to distribute;
d.	does not constitute an infringement of the intellectual property or privacy rights of any third party;
e.	does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
f.	does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
g.	does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services.
h.	is accurate, fair, and is not disparaging of us, the Services or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services.
Truecaller appreciates the opportunity to be notified of any objectionable user generated content posted or communicated by a User directly in or on the Services. Please contact us at support@truecaller.com to report any objectionable user generated content. Truecaller hereby reserves the right in its absolute discretion to remove any user generated content from the Services.
8.	Third Party Content
The Services may contain links to external content provided by third party websites and services. Such third party content, websites and services may be subject to the respective third party terms and conditions and Truecaller will not be liable for any such third party content, websites or services.
9.	Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUECALLER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.
You understand and acknowledge that the Services may be unavailable from time to time and that Truecaller will not be liable for Your inability to use the Services for whatever reason.
Truecaller makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.
10.	Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT TRUECALLER SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages.  In particular, and without limitation, Truecaller shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the Truecaller applications and cease to use the Services.
TRUECALLER SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.
Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights You may have as a consumer under mandatory consumer law.
11.	Fees
Truecaller offers certain features or services for which a fee will be payable (“Paid Services”). Your purchase of the Paid Services may be subject to foreign exchange fees or differences in prices based on location. If You purchase or subscribe to such Paid Services, You agree to pay us the applicable fees (“Truecaller Fees”) and taxes in accordance with the applicable third party payment and billing terms, based on the platform You are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period unless You cancel the Paid Service, in which case You agree to still pay these fees through the end of the applicable subscription period. We may change the Truecaller Fees from time to time by posting the changes in or on the Services or by notifying You in advance. All fees are, except as otherwise expressly provided herein or as required by applicable law, non-refundable. Failure to pay these fees may result in suspension or termination of your Service or subscription.
Depending on what platform You are using, prepaid fees for the Services may be connected to Your device as well as its phone number. Therefore, in some cases, if You change the device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases. Any remaining balance of prepaid fees not used within twelve (12) months from the purchase will expire without any right of refund.
You acknowledge that You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.
12.	Termination
Your right to use the Services continues until these Terms are terminated. Truecaller may terminate the Terms and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate the Terms at any time by uninstalling the Truecaller applications and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by Truecaller due to Your breach of these Terms, You will not be refunded any license fees or other prepaid fees, if any. Upon termination by Truecaller without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request.
Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms.
13.	Assignment
Truecaller reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
14.	Additional Terms and Changes
As Truecaller provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.
Truecaller may change the Services at any time, such as by adding or removing features or discontinuing the Services. Truecaller also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.truecaller.com. Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance to the revised Terms.
15.	Governing Law
These Terms shall be governed and construed in accordance with the laws of Sweden, excluding its choice of law rules. All disputes arising out of or in connection with these Terms shall be adjudicated exclusively in Sweden, with the District Court of Stockholm as the court of first instance.