Last modified 12.07.2021
Thank you for using Konju! These Terms and Conditions (“Terms”) are applicable to website and software/mobile applications (‘apps’), all owned and operated by Sponge Labs LLC and from or in connection with which you are accessing this document.
Konju is an educational technology and software-as-a-service company providing a language learning platform for the global educational technology market, developed by Sponge Labs LLC (with company number 2022-001191009 and registered office at 30 N Gould St, Sheridan, WY 82801, USA available on https://www.konju.app/ and in the app stores (apps for Android and iOS) (hereinafter referred to as “we, us, our” or “Konju”).
Our focus is on being the absolute best place to learn and practice Korean verb conjugations. We focus on combining beautifully designed quizzes to provide short, engaging learning sessions which make language learning a fun part of your daily routine and not a chore.
These Terms and Conditions (“Terms”) are applicable to our website (www.konju.app) and software/mobile applications (‘apps’), all owned and operated by Konju. We refer to such websites and apps in this agreement as the “Konju Service” or “Service”. The Konju mobile applications are referred to as the “App”. By using the Services or accessing any content or material that is made available by Konju through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein.
In order to access our Services, whether or not you are a new, existing or former user, you confirm that you have read these Terms. Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy Policy.
We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy Policies.
Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services.
Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.
By using our Services, you confirm that:
(i) you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms;
(ii) you have read, understood, and agree to be bound by these Terms, including any future modifications.
By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”). Wherein, you understand that:
a. In order to access our Services and Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services and Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services and Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Services and Resources, including the servers and/or networks to which our Services and Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. You are not allowed to use our apps and Services in a way which may impinge on the rights and freedoms of individuals.
h. To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Konju and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Acceptable Use Policy or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
We have the right at our sole discretion to take appropriate action where, in our judgment, User behavior is regarded as offensive, harmful, objectionable, inaccurate, or violates any 3rd party rights. You understand and agree that in the event of a violation of the Acceptable Use we may immediately terminate or suspend your Konju Account.
In order to use the Services you must register for an account by either:
(i) connecting through an available social media account (including, but not limited to Google, Apple); or
(ii) providing a valid email address and any other information we may require from time to time (“Account”).
You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual.
You must immediately notify us via our support address ([email protected]) of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.
Once you have an Account, you can create an online profile (“Profile”).
When creating your Profile, you agree to:
(i) provide accurate, current and complete information; and
(ii) be personally responsible for the information you provide in your Profile.
We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.
We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy Policies. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy Policy) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.
All of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services.
Our logo “Konju” and name “Konju” are our registered trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website or Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.
The basic version of the Services can be used completely free of charge. This includes basic learning courses and content. If you decide to advance your learning, we have a range of subscription options to best meet your needs. You can opt to subscribe for our monthly, quarterly, yearly and lifetime subscriptions (together the “Premium”) to access advanced learning courses and content. Our Fees are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to update our Fees from time to time.
We reserve the right to change or withdraw features, specifications, services and content of a Service Plan at any time, without notice to you.
You can manage your Konju user account under your profile page within the app. If you have purchased a Paid Subscription through a distribution platform such as Google Play or Apple App Store, you must manage your account through such platforms.
If you select Monthly Premium your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Premium was activated.
If you select Quarterly Premium your subscription will automatically renew as a rolling subscription and renew at the end of each Quarterly period, being three months (or as near to the date as possible) from the date on which your Quarterly Premium was activated.
If you select Yearly Premium, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Yearly Premium was activated (each being a “Renewal”).
If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current Premium subscription.
If you select Lifetime Premium subscription, this will be charged as a one-off upfront payment without any renewals. Lifetime Premium subscription is valid until the date Konju ceases to commercially offer the Services.
You acknowledge that, if we change the Fees, this will not affect your existing Premium subscription, therefore, if you have signed up for subscription at a certain Fee, any Fee changes will not affect any current subscription or any renewals.
Please note that if you have purchased the subscription through Apple iTunes or Konju iPhone/iPad application, the following conditions apply for renewals of Monthly, Quarterly and Yearly Premium subscription:
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period your account will be charged for renewal within 24-hours prior to the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
The effect of the subscription changes are as follows:
If you have received a code or other offer provided or sold by or on behalf of Konju for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
Your Premium subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, the first billing day will be the day after the free trial expires. E.g for a 7 day free trial the billing day will be the 8th day. However, no charges will be made if you cancel the subscription prior to the end of your free trial period. You can cancel the free trial any time, in the app store where you made your purchase.
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 Konju be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
You can keep track of your Premium subscription by opening the Account Settings after purchase which will display the expiry date of your Premium subscription.
We do not provide refunds for Apple App Store payments, as those purchases are managed solely by Apple.
We do not provide refunds after 14 days of the original purchase.
We may not be able to refund you, or there may be a delay in issuing you a refund if you have paid the Fees using any third party scripts or products that anonymise personal payment details, including but not limited to, Apple App Store and Play Store payments.
We do not offer refunds or partial refunds outside of the refund options stated above.
You are able to delete your account from the Profile menu. Once your account is deleted, you will no longer have access to your Profile and your account will lose all settings and progress. We can't restore accounts or progress after you delete your account. If you have an active Premium subscription when your account is deleted, you will not receive a refund for any time remaining on your Premium subscription. To delete your locked or suspended account, please send us the email address of the account to [email protected] and we will assist you further.
We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your License will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any content created by you (“User Content”). You agree that we shall not be liable to you for any modification or discontinuance of the Service. We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active Premium subscription when we terminate your Account, you will not receive a refund for any time remaining on your Premium subscription.
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.
Konju software applications are licensed, not sold, to you, and Konju and its licensors retain ownership of all copies of the Konju software applications even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.
The Services may contain third-party owned content and links to other websites, including Google ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favor of any third party.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.
You must not attempt to gain unauthorised access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.
You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy of Our Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.
Our Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results or any data, data being inaccurate, the cost of recovering any data, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
The maximum aggregate liability of us to you in relation to any paid Premium Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Premium Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.
If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Konju or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Konju or the applicable third party beneficiary’s right to do so.
You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.
Konju may assign the Agreements or any part of them, and Konju may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
The Services are controlled by Sponge Labs LLC, a company registered in the USA. They can be accessed by most countries around the world. As each country has laws that may differ from those of the USA, by accessing our Services, you agree that the statutes and laws of the USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.
Furthermore, any action to enforce this User Agreement shall be brought in the courts located in WY, USA. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any notices or other communication given by you to us shall be done via our support email at [email protected].
Language
This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.