Terms of Use

These Terms of Service (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including aispeak.5starland.com, and any successor URL(s) (the “Sites”), the companion mobile applications for Apple and/or Google (as each of those terms is defined below) devices (the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by Hangzhou Xinglu Network Information Technology Co., Ltd. (including its successors and assigns, “「21 days speak」,” “we,” “our,” or “us”). By accessing and/or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice. We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, “Users,” and, as applicable to you, “you” or “your”).

The APP and Services

「21 days speak」 is a language learning software that enables users to learn and improve languages through interactive conversation-based language lessons with an AI-powered tutor.

The Services may include the sending of push-notifications, messages, emails, alerts via various means of communication. In addition, the Services may include third party advertisements and/or commercial content.

You can deactivate the push-notifications, if applicable, at any time by changing the notification settings.

  1. The Company provides the following services to its members: foreign language learning services and related additional services through video and audio content using voice recognition technology.
  2. The company adheres to the principle of providing services 24 hours a day, 365 days a year, except for special commercial or technical issues. However, due to operational needs such as regular system checkups, expansion and replacement of servers, addition of new content, various bug patches, and switching to a new service, the service may be temporarily halted or suspended for a period of time within a specific time frame. The Services may only be available for a certain period of time if required by law or by the content and operation of the Services. In such cases, the Company will announce the content and time in advance on the Website or the homepage of an individual service. However, if it is not possible to notify you in advance due to unavoidable reasons, you may be notified afterwards.
  3. The Company may charge for certain services.
  4. When providing services, the company may request the member to conclude separate terms of service from these terms and conditions. The services that require separate terms and conditions shall be provided to the member only after the member requests the use of the service and the company approves the terms and conditions of the request.
  5. When providing services to the member, the company may restrict the use of certain services in accordance with the applicable laws, the age of the member, and the procedure for using the services. In such cases, the company will notify the contents in advance in the mobile application.
  6. 「21 days speak」 is only applicable for use by persons 14 years of age or older. By registering for 「21 days speak」, you confirm that you are 14 years of age or older.

You hereby warrant that You have the right and authority to enter into these Terms and Conditions as an individual.

Protection and Use of Personal Data
  1. The Company will protect members’ personal information, including member registration information, in accordance with applicable laws. The protection and use of Members’ personal information is governed by applicable laws and the Company’s Personal Information Handling Policy. However, the Company’s Personal Information Handling Policy does not apply to linked sites outside of the Company’s official website.
  2. If necessary, in order to verify the identity, the Company may ask the Member to provide proof of identity or equivalent proof after informing the reason (purpose). The company cannot use it for any purpose other than the purpose notified in advance, and destroys it in an irrecoverable manner immediately after the purpose is achieved.
  3. The company shall not be liable for any leakage of information, including the member’s account information, due to the member’s negligence.
Management and Change of Personal Information

Members are required to diligently manage their personal information in order to utilize this service and to change their personal information when it changes. Members are solely responsible for any damage caused by their failure to keep up with or change their personal information.

Payment

Certain Services and Features are only offered under a monthly/annually Paid Subscription. You agree to pay whatever fees and other charges are presented to you when you subscribe to a Paid Content. If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle. You acknowledge and agree that you are solely responsible for all applicable fees and charges incurred, including applicable taxes, and all subscription fees and purchases made by you or by anyone that has used your account(s). If you are acting on behalf of an entity, you represent that you are authorized to act on behalf of such entity. Please note that 「21 days speak」 uses Apple’s App Store, a third-party payment processor, to facilitate payments for the Services. Your purchase will be subject to Apple App Store’s applicable payment policy, terms of use, refunds policy, and other applicable policies Apple App Store may have in place. You can cancel such paid subscription via Apple App Store following their applicable terms and payment policies.

Intellectual Property and License
  1. 「21 days speak」 retains all right, title, and interest in and to the App and Services (including any and all related intellectual property rights). Subject to these Terms and Conditions, 「21 days speak」 hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Services and the App, provided that You will not alter or modify any part of the Services, other than as may be reasonably necessary to use the App and Services for its intended purpose. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by 「21 days speak」 with respect to the App and Services.
  2. All photos, illustrations, drawings, animations, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, the “look and feel” of the App and other features obtained from or through the App as well as any other content used, displayed, included, incorporated, uploaded, posted or published by 「21 days speak」 or any third party on its behalf to the App (other than User Content), are the sole property of 「21 days speak」 and/or their licensors, and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of 「21 days speak」 or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, 「21 days speak」’s Content or any part thereof.
  3. If You send 「21 days speak」 feedback or suggestions regarding the App and/or Services, You acknowledge that 「21 days speak」 may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
  4. You hereby represent and warrant that You own or have all the necessary license, rights, consents, approvals, and permissions to use, and authorize 「21 days speak」, to use, exploit, publish, copy, download, store, share, distribute and transfer the User Content or other Content from Your Gallery, in the manner contemplated hereunder, all without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other rights of any third party.
  5. You hereby grant to 「21 days speak」 an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable right and license to use, copy, download, store, modify, adapt, translate, share, publish, reproduce, create derivative works from, distribute, publicly perform and display your User Content and other Content from Your Gallery (as photos, texts, and audio recordings) in the manner contemplated hereunder in all media formats and channels now known or later developed as well as to allow others to do so in order to provide or enable the App and/or Services, including in order to create the Generated Content. You may terminate this license at any time by removing your User Content or the Generated Content from the App. However, you hereby agree that 「21 days speak」 may retain and use copies of your User Content for a reasonable period of time, under applicable privacy laws, for archival or backup purposes or in order to enforce these Terms and Conditions and to satisfy any applicable law.
  6. You shall be solely responsible for any User Content that You upload, post, publish, provide, display, share and otherwise transfer via the App and for any damage or loss to any other third party resulting therefrom, and You shall assume all risk in connection therewith. You understand that when using the App you will be exposed to User Content from a variety of sources. 「21 days speak」 takes no responsibility and assumes no liability for, and makes no guarantees or warranties to, the accuracy, validity, legal status, usefulness, safety, or intellectual property rights of, any User Content that You or any other User or third-party post or transfer over the Services. You hereby waive, any legal or equitable rights or remedies You have or may have against 「21 days speak」 with respect to such User Content.

Content Use

  1. Except for special contents with time limitations, Members may use the purchased contents without limitations and without additional charges during the normal service period. However, additional fees may be incurred when purchasing content and items using the internet services within the application.
  2. Content purchased by Members may be used only on the device on which it was downloaded or installed. However, if the characteristics of the open market allow the change of devices through a shared account, the corresponding open market policy applies. The Company shall not be responsible for situations such as device changes, number changes, international roaming, etc., where the functionality of some or all of the Content may not be available.
Service Changes and Suspensions
  1. The Company may change the services provided according to operational or technical needs. The Company will announce the changed service contents and the date of provision on the homepage with prior notice. However, in unavoidable circumstances, such as the occurrence of a major error, server equipment failure, or emergency resolution of a security issue, the Company may give notice after the fact.
  2. In the event that the Company needs to suspend all services due to a service plan, operation, or critical situation of the Company, the Company will announce the service suspension on the homepage 30 days in advance. Members cannot claim compensation for paid services that were not utilized prior to the termination of service. For paid content and services with “perpetual” or no guarantee, the period of use will be prior to the date of service suspension announced by the Company.
  3. Company may limit or suspend all or part of the Services under the following circumstances:
    1. Force majeure events beyond the Company’s control, such as war, riots, natural disasters or national emergencies.
    2. Normal use of the Services is disrupted due to power outages, failure of related equipment, or increased usage.
    3. In the case of construction needs, such as maintenance of service equipment.
    4. In the event that the Company is unable to provide the Services.
  4. If the service is suspended under paragraph 2, the Company shall notify the Member by sending a message through the Application. However, the Company is not required to notify in advance if the service suspension is due to reasons beyond the Company’s control.
  5. The Company shall not be liable for any problems caused by the change or suspension of service.
Corporate Obligations
  1. The Company complies with applicable laws, exercises its rights in good faith, and fulfills its obligations under these Terms and Conditions.
  2. The Company establishes a security system that protects Member privacy and ensures safe use of the Services and complies with the published Privacy Policy. The Company will not disclose or provide the Member’s personal information to third parties, except under the circumstances stipulated in these Terms and Conditions and the Privacy Policy.
  3. In the event of equipment failure or data corruption in the course of providing continuous and stable service improvements, the Company will endeavor to repair or restore them immediately, unless there are unavoidable causes, such as natural disasters, emergencies, defects and malfunctions that cannot be resolved by current technology, etc. The Company will not disclose or provide Members’ personal information to third parties except as provided in these Terms and the Privacy Policy.
  4. The Company will respond immediately to any Member’s comments or complaints that are deemed reasonable. However, if it is not possible to do so immediately, the Company may notify the Member of the reason and timetable for handling the matter by telephone or e-mail as agreed in advance.

####Disclaimer

The materials on Hangzhou Xinglu Network Information Technology Co., Ltd’s website and mobile application are provided on an ‘as is’ basis. Hangzhou Xinglu Network Information Technology Co., Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Hangzhou Xinglu Network Information Technology Co., Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Hangzhou Xinglu Network Information Technology Co., Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Hangzhou Xinglu Network Information Technology Co., Ltd.’s website, even if Hangzhou Xinglu Network Information Technology Co., Ltd. or a Hangzhou Xinglu Network Information Technology Co., Ltd. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Modifications

Hangzhou Xinglu Network Information Technology Co., Ltd. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Usage Rules

Since You may be downloading the App from a third party platform, service provider or distributor, such as Apple App Store, Google Play Store, Amazon Appstore, etc. , your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App. It is your responsibility to determine what Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between these Terms and Conditions and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.