Terms of Service

Please note that these Terms of Service are subject to change at any time. It was last updated on October 26, 2024.

1. Introduction

Welcome to www.cafeaulang.com (the "Site") and our mobile applications (the "Apps"), operated by Cafe Labs, Inc. ("we", "us", or "our"). By accessing or using the Site, Apps, and any associated services (collectively, the "Service"), you (the "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please stop using the Service immediately. Feel free to reach out to us at the email listed in the Contact Information section for any questions or clarifications.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. It is your responsibility to check these Terms periodically for changes.

2. Intellectual Property Rights

Ownership of Content and Marks

We own all rights, title, and interest in and to the Service's proprietary content, including but not limited to articles, dictionary entries, graphics, design, information, and other materials (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Service also hosts user-generated content, which remains the intellectual property of the users who have provided such content.

The Content, including user-generated content, and the Marks are protected by United States and international copyright laws, trademark laws, and other intellectual property rights.

User Rights and Restrictions

As a user of the Service, you are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us in a manner permitted by these Terms. You may access the Content provided by the Service for your personal, non-commercial use only. This includes any Content you have rightfully accessed either freely or through purchase.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
Using any automated system, including but not limited to "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
Transmitting spam, chain letters, or other unsolicited email;
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
Taking any action that we, in our sole discretion, deem to impose or to potentially impose an unreasonable or disproportionately large load on our infrastructure;
Uploading invalid data, viruses, worms, or other software agents through the Service;
Collecting or harvesting any personally identifiable information, including account names, from the Service;
Using the Service for any commercial solicitation purposes;
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
Interfering with the proper working of the Service;
Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.,

Your use of the Service signifies your agreement to abide by these intellectual property rights and to refrain from engaging in any of the prohibited activities listed above.

3. User Generated Content and Conduct

Contribution License

By sharing, posting, or uploading content to our Service (the "User Content"), you confirm that you are the owner of or have the necessary licenses for the User Content. You retain ownership of your User Content. However, by posting it on the Service, you grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in relation to the Service and our (and our successors') business, including for promoting and redistributing part or all of the Service in any media formats through any media channels.

Content Standards and Use Guidelines

As a community that values respect, integrity, and the free exchange of ideas, all users must adhere to the following standards for any content they contribute to the Service:

Ownership and Permissions: You must own the content posted or have all necessary permissions to share it.
Compliance with Laws: Your content must not violate any local, national, or international laws.
Prohibited Content: Avoid posting content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable or harmful.
No Infringement: Ensure your content does not infringe on the intellectual property rights of others.
No Solicitation or Spam: Refrain from posting unsolicited promotional materials, solicitations, or spam.
Accuracy and Honesty: Represent yourself truthfully and do not impersonate others.

Disclaimer on User-Generated Content

We do not review user-generated content proactively and are not responsible for the material that users post or share on the Service. However, upon receiving a report of content that potentially violates these guidelines or applicable laws, we will promptly review such content and take appropriate action, which may include removing the content or terminating the user's access to the Service.

Enforcement Rights

We reserve the right to monitor, review, edit, or remove User Content at our discretion if we believe it violates these guidelines, without notice. A breach of these content standards may result in immediate termination of your access to the Service and your account. We further reserve the right to take any action deemed necessary in response to violations, including legal actions, to protect the integrity and safety of our community.

Termination for Violations

Failure to adhere to these guidelines may lead to the termination of your account and access to the Service, at our sole discretion. We prioritize maintaining a safe and lawful environment for all users and will enforce these terms to ensure this standard is met.

4. User Representations

By creating an account and using the Service, you represent and warrant that:

You are at least 13 years of age. If you are under 18 years of age (or the age of legal majority where you reside), you confirm that you have received consent from your parent or legal guardian to use the Service and agree to these Terms. Our Service is not intended for children under 13, and we do not knowingly collect personal information from children under this age. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the child's account.
All registration information you submit is truthful and accurate, and you will maintain the accuracy of such information.
Your use of the Service does not violate any applicable law or regulation. If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms of Service, and in such case, the references to "you" and "your" in these Terms will refer to that organization.
You have not previously been suspended or removed from the Service.

By using the Service, you affirm that you meet all the above criteria. If at any time you cease to meet these requirements, you must immediately stop using the Service and notify us so we can close your account. Please reach out to us at the email listed in the "Contact Information" section.

5. User Registration and Account Security

Account Creation

To access certain features of our Service, you may be required to create an account. When registering for an account, you agree to provide accurate, current, and complete information as prompted by our registration forms. You are responsible for keeping this information up-to-date. You can change your registration data at any time by logging into your account and visiting the "Settings" section.

Account Security and Sign-In Options

We offer multiple options for account creation and sign-in. You can create an account natively using an email address and password of your choice. When choosing this method, it's crucial to select a strong, unique password and keep it confidential. You are responsible for maintaining the security of your email and password combination and any activities that occur through your account.

Additionally, we offer the option to sign in using Google or Apple accounts. While these methods provide an additional layer of security, you are still responsible for maintaining the security of these accounts and any activities that occur through them when accessing our Service. It's crucial to keep your login information secure and not share it with others. Remember, you are accountable for all actions taken under your account, regardless of the sign-in method you choose.

Unauthorized Use

If you suspect or become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately at [contact email/phone number]. Please be aware that any amount paid during unauthorized use of your account cannot be refunded. We will work with you to address the issue, but you may be liable for losses incurred by us or another party due to someone else using your account or password.

Username Policy

We reserve the right to change, reclaim, or remove a username associated with your account if we determine, in our sole discretion, that such action is appropriate. This may occur in cases where the username is offensive, infringes on the intellectual property rights of others, or otherwise violates our terms or policies.

Account Termination

You have the right to terminate your account at any time by following the instructions on the Service. We also reserve the right to suspend or terminate your account if you are found to have violated any terms of this agreement, including providing inaccurate registration details or engaging in unauthorized activities.

6. Copyright Complaints

Reporting Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyright has been infringed upon by content hosted on our Service, we encourage you to notify us. Please submit your complaint in writing to our designated Copyright Agent, including the following information:

Your Contact Information: Your name, address, telephone number, and email address, so we can contact you about your complaint.
Copyrighted Work: A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Infringing Content: A description of where the material that you claim is infringing is located on the Service, sufficient for us to locate the material.
Statement of Ownership: A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Statement of Accuracy: A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Your Electronic or Physical Signature.

Upon receiving a proper copyright infringement notification, we will respond by taking appropriate actions, which may include removing or disabling access to the infringing material. We also reserve the right to terminate the accounts of users who are repeat infringers in accordance with the Digital Millennium Copyright Act (DMCA).

7. In-App Purchases

Automatic Renewal

When you purchase a subscription to our Service, it will automatically renew at the end of each billing period unless you cancel it. By subscribing, you authorize us to charge your payment method for the subscription fee at the then-current rate, plus any applicable taxes, at the beginning of each billing period until cancelled. If you do not wish to continue the subscription, even if you delete your account, you need to cancel your subscription through the platform where you originally subscribed:

For iOS users: Go to the App Store, view your Apple ID, and manage your subscriptions.
For Android users: Open the Google Play Store, go to your subscriptions, and cancel from there.

Deleting the app or your account does not automatically cancel your subscription.

You can cancel your subscription at any time through your account settings. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not receive a refund for any unused portion of the current billing period.

Fees and Taxes

You agree to provide accurate and current information for all purchases and transactions on the Service. You are responsible for all charges incurred using your payment method, including applicable taxes. By making a purchase, you confirm that you are authorized to use the chosen payment method and agree to pay the associated costs at the current rates.

We reserve the right to change our subscription fees at any time. If we do change our fees, we will provide notice of the change to you at least 30 days before the change is to take effect. You will not be charged without explicit notice and consent regarding any new fees or changes to the payment structure. If you do not respond to the notification from the App Store or Google Play Store regarding the fee change, your subscription will be terminated at the end of the current billing period.

You are responsible for all applicable taxes, and we may charge tax when required to do so. If you are exempt from certain taxes, you must provide valid tax exemption documentation authorized by the appropriate taxing authority.

8. Counter-Notification

If you believe that your content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us, including the following:

Your Contact Information: Your legal full name, address, and email address.
Description of Removed Content: A description of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled.
Statement of Consent & Jurisdiction: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Statement of Ownership: Your electronic or physical signature.

Upon receiving a counter-notification, we will quickly inform the individual who submitted the initial claim of infringement, providing them with a copy of the counter-notification. We will then carefully evaluate the situation and determine the appropriate course of action. This may include restoring access to the disputed material. Any decision to replace the removed material or to restore access to it will be made within 15 business days following the receipt of the counter-notification, based on our discretion and in accordance with our policies and applicable law.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

9. Third-Party Content

Our Service may contain links to third-party websites, services, or resources that are not owned or controlled by us. These links are provided for your convenience only. No endorsement of any third-party content, products, or services is implied by their inclusion on our Service. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, services, or resources. You 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. Interaction with any third-party content, including but not limited to, participation in promotions, the purchase of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third-party. You agree that we shall not be responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on the Service.

You are solely responsible for any charges, costs, or liabilities that arise from your interaction with third-party websites or services. Your use of third-party content is at your own risk and subject to the terms of service of use for such content.

10. Disclaimer for AI-Generated Content

Our Service utilizes artificial intelligence ("AI") technologies to generate content and provide personalized experiences. While we strive to ensure the accuracy, relevance, and quality of AI-generated content, we disclaim all warranties related to this content to the maximum extent permitted by law.

Nature of AI-Generated Content

The content created by AI models is generated based on inputs and data available to the AI. As such, it may not always reflect the most current information or accurately interpret complex or nuanced topics. Users should exercise discretion and consider the context and potential limitations of AI-generated content.

No Endorsement

AI-generated content does not necessarily reflect the opinions, views, or policies of our company. Reliance on any AI-generated content is strictly at your own risk.

Limitations of Liability

We shall not be liable for any inaccuracies, errors, or reliance on any AI-generated content provided through the Service. We encourage users to verify the accuracy of the information that is critical to their decisions or actions.

Continuous Improvement

We continuously work to improve our AI technologies to enhance the accuracy and relevance of AI-generated content. However, we make no guarantees regarding the perfection or infallibility of such technologies.

Users are encouraged to provide feedback on AI-generated content to help us improve our Service.

11. Privacy Policy

By using our Service, you acknowledge that you have read and agree to our Privacy Policy, which outlines how we collect, use, and share your information. Our Privacy Policy is an integral part of these Terms of Service, and by agreeing to these Terms, you also consent to the data practices stated in the Privacy Policy.

All user data collected through the Service is stored and processed on servers located in the United States of America. By using the Service, you consent to the transfer, storage, and processing of your information within the United States, understanding that data protection laws and regulations in the United States may differ from those in your country of residence.

If you access the Service from outside the United States, you are responsible for compliance with all local laws. You also agree that we may collect and use your information as described in our Privacy Policy and store such information in the United States.

12. User Data

We strive to ensure that our Service is available to you at all times. However, access to the Service may occasionally be interrupted, including for maintenance, updates, or technical failures. We reserve the right to suspend or discontinue the availability of the Service at any time, at our discretion and without prior notice. We do not guarantee that the Service will be available without interruption or delays.

While we make every effort to safeguard your data, we cannot guarantee that data loss will not occur. You acknowledge and agree that you are solely responsible for backing up your data related to the Service and that you will not hold us liable for any loss or corruption of your data. Furthermore, you agree not to seek compensation or reimbursement from us for any direct or indirect losses attributed to data loss or service interruptions.

By using the Service, you acknowledge that you understand the risks and agree to take reasonable steps to mitigate the impact of potential data loss or service interruptions on your part.

13. Termination

You may terminate your account and discontinue your use of the Service at any time. To terminate your account, please follow the instructions available in the "Settings" section of the Service or contact our support team for assistance at the email provided in the "Contact Information" section. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and comply with legal requirements.

We reserve the right to terminate your account or restrict access to the Service at any time, without notice, for any reason, including but not limited to breach of these Terms of Service, upon the discovery of information that leads us to believe your use of the Service may be harmful to others or us, or for no reason. Following termination, your right to use the Service will immediately cease. If we terminate your account for your breach of the Terms of Service, you will not be entitled to any refund of unused fees (if applicable).

Upon termination, all licenses and other rights granted to you under these Terms of Service will immediately cease. We are not liable to you or any third party for termination of your account, access to the Service, or access to your account.

14. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective directors, officers, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service, including any data or content transmitted or received by you;
Your violation of any term of these Terms of Service, including without limitation, your breach of any of the representations and warranties above;
Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;
Your violation of any law, rule, or regulation of the United States or any other country;
Any claim or damages that arise as a result of any of your User Content or any content that is submitted via your account; or
Any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. You acknowledge that you are responsible for all actions taken under your account, including any content posted, linked, emailed, or otherwise made available via the Service.

15. California Resident Rights

In accordance with California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17. Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE PAST SIX MONTHS OF THE SERVICE IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18. Entire Agreement

These Terms, together with any other legal policies published by us on the Service, constitute the entire agreement between you and us concerning the Service.

These documents supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and us regarding the subject matter hereof. No amendment, modification, or supplement of any provision of this Terms of Service shall be valid or effective unless made in accordance with the express terms of these Terms of Service or unless expressly authorized by us in writing.

Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

By using the Service, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their terms and conditions. You also acknowledge that this Terms of Service and any other legal policies represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.

19. Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at support@cafeaulang.com.

We are committed to addressing your inquiries and will do our best to respond promptly.