Terms and Conditions

1. Acceptance of Terms

Welcome to LingoCrush! These Terms and Conditions ("Terms") govern your access to and use of the LingoCrush mobile application (the "App" or "Service"), provided by Viralinx, LLC, a Wyoming limited liability company ("Viralinx, LLC," "we," "us," or "our"). By downloading, accessing, or using LingoCrush, you agree to be bound by these Terms. If you do not agree, you must not use the App. These Terms incorporate our Privacy Policy by reference. Please read them carefully.

2. Eligibility (Age Requirements)

Minimum Age: You must be at least 13 years old to use LingoCrush. LingoCrush is not intended for children under 13 without verifiable parental consent. If you are under 13, a parent or legal guardian must review and consent to your use of the App and to our collection of your personal data (see Privacy Policy). We do not knowingly allow children under 13 to use LingoCrush without such consent.

Users 13–17: If you are between 13 and 17 (or the age of legal majority in your jurisdiction), you affirm that you have your parent or guardian's permission to use the App. Your parent or guardian must read and agree to these Terms on your behalf. Viralinx, LLC may require verifiable parental consent for users under 13, and reserves the right to ask for proof of age or consent at any time.

Jurisdictional Restrictions: LingoCrush is offered worldwide except in certain restricted regions (for example, we do not offer the Service in Mainland China). You are responsible for complying with all local laws in your jurisdiction. If you are barred by applicable laws from using the App or if you have had your account previously terminated by us, you are not permitted to use LingoCrush.

3. Account Registration and Security

Account Creation: To access LingoCrush features, you must create an account. You may register with an email and password or through supported single sign-on methods (e.g. Sign in with Google or Apple). You agree to provide accurate, current information during registration and to keep it updated. Optional profile details like a username or profile photo can be added, but are not required.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. Do not share your password or allow others to access your account. If you suspect unauthorized use of your account or any security breach, you must promptly notify us. Viralinx, LLC is not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to secure your credentials.

Account Responsibility: You agree that you will use LingoCrush for personal, non-commercial purposes and in compliance with these Terms and all applicable laws. You are responsible for any content you submit or actions you take through your account. Viralinx, LLC reserves the right to require users to re-verify their email or account information from time to time for security or legal compliance purposes.

4. Freemium Service and Subscriptions

Free (Freemium) Access: LingoCrush is provided on a freemium basis. All users can play a basic version of the game for free, with certain limitations (e.g. limited rounds per day) and advertisements displayed via Google AdMob. Free features and content are provided as-is and may be changed or limited by us at any time. We do not guarantee that any particular language, game mode, or feature will remain available in the free version.

Premium Subscription: LingoCrush offers an optional Premium subscription (such as a paid monthly or annual plan) that unlocks enhanced features. Premium subscribers receive benefits like unlimited rounds, an ad-free experience, and advanced features or content. Subscription details, pricing, and available plans are displayed in the App. By purchasing a subscription, you obtain a license to access Premium features during the subscription period, not ownership of any content. Important: A subscription grants you access to the Service for the subscription term, but does not guarantee the availability of any specific feature or content. We reserve the right to add, modify, or remove app features or content (including languages or game types) available to any user, whether free or subscribed, at our discretion (see Section 8, Service Modifications).

Subscription Purchase & Renewal: All in-app purchases, including subscriptions, are handled through third-party app store platforms (e.g. Apple App Store for iOS devices, or Google Play Store for Android devices). By initiating a subscription, you agree that:

• Payment Processing: Payments will be processed by the app store provider under their terms (Apple or Google). We do not directly collect or store your payment information.
• Auto-Renewal: Subscriptions typically auto-renew for successive periods (e.g. monthly or yearly) unless you cancel at least 24 hours before the end of the current subscription period. Your app store account will be charged for renewal unless you turn off auto-renewal in your store account settings.
• Managing Subscription: You can manage or cancel your LingoCrush subscription at any time through your Apple or Google account settings. (For example, on Apple devices go to Settings > [Your Name] > Subscriptions; on Google Play, go to Play Store > Menu > Subscriptions.)
• Trials and Promotions: If we offer a free trial or introductory offer, it will convert to a paid subscription at the regular rate if not canceled before the trial ends. Only one trial per user is permitted, unless otherwise stated.

Refunds: All billing and refund issues for in-app purchases are governed by the policies of Apple or Google. This means that any requests for refunds, whether due to accidental purchases, dissatisfaction, or other issues, must be directed to the respective app store's customer support. As a general rule, Apple and Google consider all sales final, though they may grant refunds in certain cases at their discretion. Viralinx, LLC is not able to override app store transactions or provide refunds directly for subscriptions or purchases made through those platforms.

Changes to Fees: We reserve the right to change the subscription fees or introduce new fees for additional features with reasonable notice. Price changes for existing subscriptions will apply only to subsequent billing cycles. If you do not agree to a fee change, you may cancel your subscription before the new price takes effect. Continuing to use the Premium service after the price change constitutes your acceptance of the new pricing.

5. License to Use the App

Grant of License: Subject to your compliance with these Terms, Viralinx, LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use LingoCrush on a compatible device solely for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the Service as provided by us, in the manner permitted by these Terms.

License Restrictions: You agree that you will NOT, and will not permit anyone else to:

• Copy or Modify: Copy, distribute, reproduce, republish, upload, transmit, or modify the App or any content within it (except as expressly allowed by the App's sharing features or with our written consent).
• Commercial Use: Use LingoCrush or any content from it for any commercial purpose (e.g. selling, renting, or licensing content, or using the app in a service bureau or for data extraction).
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying components of the App, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Cheating or Misuse: Use any automated system (bots, scripts, or other unauthorized software) to play, access, or manipulate the App or its content; exploit bugs or vulnerabilities; or engage in any behavior that interferes with the normal operation of the game or gives you an unfair advantage over other players.
• Unauthorized Access: Attempt to gain unauthorized access to any accounts, servers, or networks connected to LingoCrush (e.g., by hacking, password mining, or any other illicit means), or interfere with or disrupt the integrity or performance of those systems.
• Illegal or Harmful Use: Use the App for any unlawful, fraudulent, or harmful purpose, or upload any content that is illegal, obscene, threatening, defamatory, or that violates any person's rights (including intellectual property, privacy, or publicity rights).

Violation of any of these restrictions is grounds for termination of your license to use LingoCrush (see Section 11, Termination), and may also result in legal action against you.

6. Intellectual Property Rights

Ownership of App Content: All content, materials, features, and functionality available in LingoCrush – including but not limited to software, code, text, graphics, logos, button icons, images, audio clips (such as native speaker pronunciations), videos, gameplay mechanics, educational content, compilations of vocabulary, and the overall "look and feel" – are the exclusive property of Viralinx, LLC and/or its licensors. This includes all intellectual property rights such as copyrights, trademarks, service marks, trade secrets, and patents ("Intellectual Property"). Viralinx, LLC retains all rights, title, and interest in and to the App and its content. Your use of the App does not grant you any ownership rights in our Intellectual Property, and all rights not expressly granted to you in these Terms are reserved by Viralinx, LLC.

Trademarks: "LingoCrush," the LingoCrush logo, "Viralinx," and any other product or service names or slogans displayed in the App are trademarks of Viralinx, LLC (or its partners/licensors). You may not use any Viralinx, LLC or LingoCrush trademarks or logos without our prior written permission. All other trademarks appearing in the App are the property of their respective owners and may only be used with permission of those owners.

User-Provided Content: LingoCrush may allow you to provide or upload certain content, such as a profile username or profile photo/avatar. By submitting, uploading, or providing any content (including images or text) to the App ("User Content"), you:

• Ownership of Your Content: Retain any ownership rights that you have in your User Content. Viralinx, LLC does not claim ownership of your personal content simply by your use of the App.
• License to Viralinx, LLC: Grant Viralinx, LLC a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, modify (for technical purposes, e.g. resizing an image), display, and distribute your User Content as needed to provide the Service. This license is solely for the operation and improvement of LingoCrush (for example, displaying your profile photo next to your high score, or using your username in leaderboards or multiplayer features, if any). We will not use your profile photo or personal content in our marketing materials without your additional consent.
• Your Warranties: You represent and warrant that you have all necessary rights to upload or share any User Content you provide and that such content does not infringe or violate the rights of any third party (e.g. you will not upload photos or text that you do not have permission to use). You agree not to upload any content that is inappropriate or in violation of Section 5 (License Restrictions). We reserve the right to remove or delete any User Content that we deem to violate these Terms or that is otherwise objectionable, and to suspend or terminate accounts associated with such content.

Feedback: If you submit ideas, suggestions, or feedback to us regarding LingoCrush ("Feedback"), you agree that such Feedback is provided voluntarily and without restriction, and that we are free to use, implement, or incorporate such Feedback into LingoCrush or other products without any obligation to you. You will not be entitled to any compensation for any improvements or features based on your Feedback.

7. Third-Party Services and Components

Third-Party Services: LingoCrush relies on several third-party services and providers to function properly. By using our App, you acknowledge that your data and certain App functionalities may be processed by or dependent on these third parties. Key third-party services used in LingoCrush include:

• Firebase (Google): We use Google Firebase for core backend services such as user authentication, cloud data storage (database), analytics (Google Analytics for Firebase), crash reporting (Crashlytics), and performance monitoring.
• AdMob (Google): We use Google AdMob to serve advertisements to free users. AdMob may collect device information and use tracking technologies to provide personalized ads.
• RevenueCat: We use RevenueCat to manage subscription purchases and entitlements. RevenueCat interacts with the Apple App Store and Google Play Store on our behalf to verify subscriptions and does not process payment data directly (payments are handled by Apple/Google).
• Cloud Hosting and Storage: We utilize cloud infrastructure providers for storing and serving data, such as Wasabi (an S3-compatible storage service) for storing user-uploaded content (e.g. profile photos) and game assets, and Upstash (a cloud data service) for fast caching of game data like leaderboards or game state. We may also use other cloud providers like Amazon Web Services (AWS) or Microsoft Azure for additional storage, backups, or computing needs, and services like Cloudflare for content delivery and security (e.g. protection against DDoS attacks, routing traffic efficiently).
• Communications: We may use services such as Twilio (or similar) to send communications to you, for example an email or SMS for account verification or password reset, if applicable.

Each of these third-party services has its own terms of service and privacy policies which govern their use of your data. By using LingoCrush, you also agree to abide by the acceptable use policies of these third parties to the extent applicable (for example, not using the App in violation of Google's terms). Viralinx, LLC is not responsible for the services provided by third parties or any downtime, data loss, or privacy/security incidents that arise from the action or inaction of those third parties. However, we do strive to work only with reputable providers and will address any issues caused by third-party services to the best of our ability. If any third-party service becomes unreliable or is discontinued, we may replace it with an alternative service provider, which may require changes to how the App functions (see Section 8, Service Modifications).

Third-Party Content and Links: LingoCrush may include links to third-party websites or resources (for example, an advertisement may link out to an external site). We do not endorse and are not responsible for any third-party content that may appear in the App or for the content or accuracy of any external websites or resources. If you click a third-party link, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party services or websites that you access.

8. Service Modifications and Availability

Changes to the Service: We are constantly improving and updating LingoCrush to enhance the user experience. Consequently, the App (and any content within it) may change over time. Viralinx, LLC reserves the right to add, remove, suspend, or modify any aspect of LingoCrush at any time, including the available languages, game modes, items, features, or content packs. For example, we may introduce new game levels or remove certain vocabulary sets or languages based on usage or other considerations. We will not materially reduce the core functionality of any paid service during a subscription period without providing notice, but specific content is not guaranteed.

Downtime and Maintenance: There may be times when the Service is unavailable, whether due to scheduled maintenance, upgrades, critical fixes, or unexpected outages. While we aim for high availability, we do not guarantee 100% uptime. Viralinx, LLC may also migrate or re-route services between different providers or servers (for example, changing our backend infrastructure) which could result in temporary downtime or changes in how data is stored. We will endeavor to perform maintenance during off-peak hours when possible and to notify users of major outages or maintenance windows via in-app notifications or our website.

No Liability for Changes: You agree that Viralinx, LLC will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof. If you are a subscriber and a change significantly affects your use of the Premium service, you may contact us to discuss a remedy; otherwise, your sole option in case of dissatisfaction with changes is to terminate your use of the App (and/or cancel your subscription per Section 4).

No Guarantee of Results: LingoCrush is a tool to aid language learning through a fun, game-based experience. While we believe it can greatly enhance vocabulary acquisition and retention, we make no guarantee or warranty that you will achieve any specific learning outcomes or language proficiency level by using the App. Each user's progress will vary based on individual effort and other factors. Use LingoCrush as a supplemental learning aid, not as a guaranteed path to fluency.

9. Disclaimer of Warranties

As-Is Service: LingoCrush and all its content are provided "AS IS" and "AS AVAILABLE", without warranty of any kind. To the fullest extent permitted by law, Viralinx, LLC disclaims all warranties, express or implied, regarding the App and your use of it. This includes, but is not limited to:

• Implied Warranties: Any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade are expressly disclaimed. We do not warrant that the App will meet your specific requirements or expectations.
• No Guarantee of Error-Free Experience: We do not warrant that LingoCrush will be uninterrupted, timely, secure, or error-free, or that any defects or bugs will be corrected. While we aim for an engaging and smooth experience, technology is complex and some errors or bugs may occur. You acknowledge that any use of the Service involves some risk (for example, data usage costs, or in rare cases, app crashes or loss of progress data).
• Accuracy of Content: We strive to provide accurate translations, definitions, and learning content, but we make no warranty that any educational content (e.g. vocabulary meanings, audio pronunciations, or translations) is 100% accurate, complete, or up-to-date. You rely on the information in the App at your own discretion. If you find an error in our content, please let us know and we will review it.
• Third-Party Services: We make no warranty as to the quality or reliability of third-party services (listed in Section 7) that are integrated with LingoCrush. This means we cannot guarantee those services won't experience outages or issues that affect our App. However, if such issues occur, we will work to resolve them with the third-party providers as soon as possible.

Jurisdictional Note: Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by law.

10. Limitation of Liability

To the maximum extent permitted by law, in no event will Viralinx, LLC or its directors, officers, employees, agents, partners, or suppliers be liable for any indirect, consequential, incidental, special, or punitive damages whatsoever arising out of or related to your use of (or inability to use) LingoCrush or the transactions contemplated by these Terms. This limitation of liability applies whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. This means that, for example, we are not liable for:

• Loss of Data or Content: Any loss of progress, game data, words learned, or other data if the App or our servers fail or your device malfunctions. We recommend backing up your device regularly and ensuring you use any cloud save features we provide.
• Loss of Opportunity or Revenue: Any loss of opportunity, business, profits, or revenue, or any reputational damage arising from downtime, errors, or your inability to use the App.
• Personal Injuries or Property Damage: Any personal injury or property damage resulting from use of the App (for instance, if playing the game causes you to be distracted and injure yourself – please play responsibly!).
• Third-Party Conduct: Any conduct or content of any third party using our App or any third-party service or advertisement within the App.

In all cases, Viralinx, LLC's total aggregate liability for any claim arising out of or relating to the Service or these Terms is limited to the amount you paid us (if any) in the 3 months immediately preceding the event giving rise to the claim, or US $50, whichever is greater. (If you have not paid for use of the Service, we owe you no damages.)

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. In particular, we do not exclude or limit our liability for any gross negligence, willful misconduct, or fraud, or for death or personal injury caused by our negligence, or any other liability which cannot be excluded by law. But to the extent the law allows, we limit our liability as set forth above.

Basis of the Bargain: You acknowledge and agree that we offer LingoCrush in reliance on the warranty disclaimers and liability limitations above, which reflect an agreed-upon allocation of risk between you and us. Absent these disclaimers and limitations, the terms of use and fees (if any) for LingoCrush would be different, and possibly higher. These disclaimers and limitations form an essential basis of our agreement.

11. Indemnification

You agree to defend, indemnify, and hold harmless Viralinx, LLC, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) your access to or use of LingoCrush (including any actions taken under your account); (b) your violation of any provision of these Terms or of any applicable law or regulation; (c) your infringement or violation of any rights of a third party (such as an intellectual property, privacy, or proprietary right) through the use of the App or any content you provide; or (d) any dispute you have with a third party relating to your use of the App. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). You agree not to settle any such matter without the prior written consent of Viralinx, LLC. This indemnification obligation will survive any termination of your account or these Terms.

12. Suspension and Termination of Accounts

Voluntary Termination by You: You may stop using LingoCrush at any time. If you wish to delete your account, you may do so through the App's account settings (if available) or by contacting us at our support email (see Section 15, Contact Us). Deleting your account will terminate your license to use the App, and you will lose access to any progress or content associated with your account. Note that uninstalling the App or ceasing to use it will not automatically cancel any active subscription – you must cancel subscriptions through the app store to stop recurring charges (see Section 4 on managing subscriptions).

Suspension or Termination by Us: We reserve the right to suspend or terminate your access to LingoCrush (or certain features within the App) at our discretion, with or without notice, if we believe that: (i) you have violated these Terms or any applicable law; (ii) you have engaged in fraudulent, abusive, or harmful behavior (for example, using cheats or exploits, or harassing other users or our staff); (iii) you create risk or possible legal exposure for us; or (iv) you haven't used your account for an extended period. In less severe cases, we may choose to suspend access to certain features (like chat or leaderboards, if applicable) or issue you a warning, rather than terminate the account entirely.

Effect of Termination: Upon termination of your account for any reason, your right to access or use the App will immediately cease, and the license granted to you under these Terms will end. We may delete or anonymize your account data in accordance with our Privacy Policy (though data may persist in backups for a period of time). If your account is terminated or suspended due to a violation of these Terms or unlawful conduct, you will not be entitled to any refunds for any subscription or purchases you have made (to the fullest extent permitted by law). We also reserve the right to refuse you from creating a new account in the future.

Survival: Any provisions of these Terms which by their nature should survive termination (including, but not limited to, provisions regarding ownership of content, warranty disclaimers, limitations of liability, dispute resolution, and indemnification) shall survive the termination of your account or your use of the Service.

13. Copyright Infringement (DMCA) Policy

Viralinx, LLC respects intellectual property rights and expects users of LingoCrush to do the same. If you believe that any content in the App infringes your copyright (for example, if a user uploaded a profile image or other content that you own the rights to without permission), you may send us a notice requesting that the material be removed or access to it blocked. The notice should substantially include the following information (in accordance with the Digital Millennium Copyright Act "DMCA", 17 U.S.C. §512):

1. Identification of the copyrighted work you claim is being infringed. If multiple works are involved, you can provide a representative list.
2. Identification of the infringing material and information sufficient to locate it within the App. Please provide enough detail (such as a screenshot or description of where the content appears in LingoCrush) so that we can find the allegedly infringing material.
3. Your contact information, including your full name, mailing address, telephone number, and email address, so that we can reach you.
4. 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 (for example, "I believe in good faith that the use of the copyrighted material described above is not authorized by the owner, its agent, or the law").
5. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner of the copyright or authorized to act on the owner's behalf.
6. Your physical or electronic signature. If you are emailing the notice, a typed name at the end of your email or an attached scanned signature will suffice.

After receiving a proper DMCA notice, Viralinx, LLC will investigate the claim and, if it is valid, make a good-faith effort to remove or disable access to the infringing content. We may also notify the user who posted the content (if applicable) and provide them an opportunity to submit a counter-notification if they believe the removal is mistaken or unauthorized. In accordance with the DMCA and other applicable laws, Viralinx, LLC may terminate, in appropriate circumstances, users who are deemed to be repeat infringers.

Designated Agent: You can send your DMCA notice to our designated copyright agent at the following contact: Email: legal@viralinx.com. Please include "DMCA Notice – LingoCrush" in the subject line for clarity. If you prefer to send a physical notice, you may mail it to: Viralinx, LLC – DMCA Agent, 30 N Gould St. Ste. 47078, Sheridan, WY 82801, USA. (This is our registered office in Wyoming.)

For more information on the DMCA and safe harbor provisions, you may refer to 17 U.S.C. §512. If you are not sure whether material infringes your copyright, you may want to seek legal advice before filing a notice. Knowingly submitting a false DMCA notice can result in liability for damages.

14. Dispute Resolution and Governing Law

We hope to resolve any issues you have with LingoCrush amicably. However, if a dispute arises between you and Viralinx, LLC, this section explains how we agree to resolve it.

Arbitration Agreement: Except for the exceptions expressly stated below, you and Viralinx, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of LingoCrush will be resolved solely by binding arbitration on an individual basis. This means that you and Viralinx, LLC are waiving the right to a trial by jury or to participate in a class action lawsuit. Arbitration is typically more informal and expedient than a lawsuit in court. The arbitration will be conducted in English and, unless we mutually agree otherwise, administered by a reputable arbitration provider such as the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You may choose to have the arbitration conducted via telephone, written submissions, or in-person in a mutually agreed location (if in-person, we suggest California, where we operate, or Wyoming, our state of incorporation). The arbitrator shall have the authority to award the same damages and relief that a court could (including injunctive and declaratory relief, or statutory damages), but may not order consolidation or arbitration on a class or representative basis.

Exceptions to Arbitration: Both you and Viralinx, LLC retain the right to:

• Small Claims: Bring an individual claim in small claims court if it qualifies under the applicable small claims rules.
• Intellectual Property & Equitable Relief: Seek injunctive or other equitable relief in a court of law for matters relating to intellectual property infringement or misuse of the Service (for example, unauthorized use of Viralinx, LLC's trademarks, or unauthorized access or hacking of our systems). In addition, if you violate the license restrictions and such violation actually causes us to take legal action, we may file suit in court to seek damages or injunctive relief.
• Opt-Out: If you do not wish to be bound by the arbitration agreement and class waiver in this section, you must notify us in writing within 30 days of first accepting these Terms (for example, from the date you first install or use LingoCrush after these Terms go into effect). Send your opt-out notice by email to legal@viralinx.com with subject "Arbitration Opt-Out" and include your name, account information, and a clear statement that you opt out of mandatory arbitration. Opting out will not affect any other provisions of these Terms (such as the license to use the app).

Class Action Waiver: All arbitrations and other actions between you and us must be on an individual basis. You and Viralinx, LLC agree not to join or consolidate claims in arbitration or litigation by or against other consumers, or arbitrate or litigate any dispute in a representative or class-wide capacity. The arbitrator can award relief only on an individual basis (to you or us individually) and cannot award relief that would affect other users. If a court decides that this class waiver is unenforceable or invalid, then the arbitration provision above shall be null and void as to that dispute, and it will proceed in court (subject to the other provisions of this section).

Governing Law: These Terms and any dispute arising out of or related to them or the use of the Service will be governed by the laws of the State of Wyoming, USA, without regard to its conflict of laws principles, and except where preempted by U.S. federal law (such as the Federal Arbitration Act governing the interpretation and enforcement of the arbitration agreement above). However, you agree that the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the enforceability of the Arbitration Agreement in Section 14, as it is a contract involving interstate commerce.

Jurisdiction for Litigation: In the event that the arbitration agreement is found not to apply to you or your claim, or if a claim is brought to court under one of the above exceptions, you and Viralinx, LLC agree that any judicial proceedings (other than small claims actions) will be brought in the state or federal courts of Wyoming. Both you and Viralinx, LLC consent to venue and personal jurisdiction in the state courts located in Sheridan County, Wyoming or the federal court in the District of Wyoming for any litigation that may arise (and waive any objection on the basis of inconvenient forum or lack of jurisdiction). If you reside outside of the United States, you agree that any claims or disputes shall be adjudicated in the courts of the United States, and specifically in the above-mentioned courts in Wyoming.

Time Limit to Bring Claims: To the extent permitted by law, any claim or cause of action arising out of or related to your use of LingoCrush or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, it is permanently barred. (This does not apply to intellectual property claims by Viralinx, LLC or to statutory rights that cannot be limited by contract.)

15. Miscellaneous

Entire Agreement: These Terms (along with the Privacy Policy and any additional guidelines or rules that we post in the App) constitute the entire agreement between you and Viralinx, LLC regarding your use of LingoCrush, and supersede any prior agreements between us on the subject. Any additional or different terms you may propose (for example, in any communication) are expressly rejected and shall have no effect unless agreed to in writing by Viralinx, LLC.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.

Assignment: Viralinx, LLC may assign or transfer these Terms (in whole or in part), or delegate any of its obligations hereunder, to any person or entity at any time, for example in the event of a merger, acquisition, sale of assets, or by operation of law. You may not assign or transfer your rights or obligations under these Terms to anyone without our prior written consent, and any attempt to do so without consent will be null and void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

No Third-Party Beneficiaries: These Terms are not intended to confer any rights or remedies on any person other than you and Viralinx, LLC.

No Waiver: Our failure to insist upon or enforce strict performance of any provision of these Terms or to exercise any right under these Terms shall not be construed as a waiver of any provision or right. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Viralinx, LLC.

Force Majeure: Viralinx, LLC will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control, including but not limited to any act of God, natural disasters, war, terrorism, civil disturbances, supply interruptions, internet or communication outages, or any other cause beyond our reasonable control.

16. Contact Us

If you have any questions, concerns, or feedback about these Terms or LingoCrush, please contact us:

• Email: support@lingocrush.com (General Support)
• Email: legal@viralinx.com (Legal Inquiries, including DMCA/Copyright issues)
• Mailing Address: Viralinx, LLC, 30 N Gould St. Ste. 47078, Sheridan, WY 82801, USA

We will do our best to respond to your inquiry in a timely manner. Thank you for reading these Terms and for using LingoCrush – we hope you enjoy the game and crush those language goals!