Terms of Service

§ 1 Scope

mylingua FlexCo, Neustiftgasse 87/1/9, 1070 Vienna, Austria (hereinafter referred to as "mylingua" or "we"), operates the language learning platform accessible via our website at www.mylingua.world and, where available, through our mobile, desktop, or other applications (together, the "Platform"). These terms of service ("Terms of Service") govern your use of the Platform and all mylingua products and services. Please read these Terms of Service carefully.

By accessing or using our products and services, you agree to be bound by these Terms of Service. The Terms of Service apply to all users of the Platform, regardless of whether they are registered members or merely visitors. If additional terms are added to this version of the Terms of Service in the future that apply to the use of our services, mylingua may ask you to review and accept them.

The Terms of Service also serve as a framework agreement for future contracts between mylingua and you. In the future, contradictory, supplementary, or deviating terms and conditions will only become part of agreements between you and mylingua if we have agreed to them in writing.

§ 2 Service description

When you create a mylingua account, you enter into a contract with us for the provision of a personalized, data-driven language learning service. The core features of this service include:

• Account & Identity Management – Creating, maintaining, and deleting your user account and profile; securely authenticating you and managing your sessions to control access to your content and subscription.
• Personalized Learning Engine –
  1. Recording your vocabulary and grammar knowledge, as well as your interactions with learning materials, to generate and update skill profiles.
  2. Recording your content engagement to build interest profiles.
  3. Using these profiles to select, rank, and recommend learning materials.
• Content Import & Interaction – Allowing you to import your own texts or files for study, store these in your account, and process them with our learning tools.
• Progress Tracking & Motivation – Calculating and displaying your learning progress, activity summaries, streak counters, achievement badges, and leaderboards, so that you can monitor your improvement and stay motivated.
• Subscription, Billing & Access Management – Managing your free or paid subscription, taking payments via our payment service provider, issuing invoices, enforcing license terms, and controlling access according to your subscription status.
• Service Communication & Support – Sending transactional emails about your account, subscription, or trial; notifying you of changes to your plan; and providing technical or pedagogical support when you request it.

Because the essence of mylingua is personalized language learning, we cannot provide the service without processing the personal data necessary to carry out the core activities described above. In particular, recording your learning interactions, modeling your skill and interests, using those models to recommend materials, and displaying your progress are central to the service. These processing operations are therefore necessary to perform this contract (Art. 6(1)(b) GDPR).

We may also offer optional product components or communications that rely on other legal bases (e.g., your consent or our legitimate interests). Where a feature is optional or not necessary to perform this contract, you will have appropriate controls (and, where required by law, we will ask for your consent). Full information about all processing purposes and legal bases is set out in our Privacy Policy.

§ 3 Free and paid services

At mylingua, we offer you access to the language learning software as Software-as-a-Service, the scope and functions of which are described in more detail in your order, depending on your respective order. We offer packages with limited functionalities and access free of charge for you ("Free Services") and also provide packages with specifically agreed functionalities ("Paid Services") for a fee. You can check the status of your access at any time in your profile.

To use Paid Services, you must accept the applicable prices and provide payment information. mylingua may create new versions and implement upgrades to the Paid Services over time. This may result in changes to the design, technical specifications, functionalities, and the way they function. It is also possible that changes may arise for necessary technical, economic, or legal reasons.

The scope of the free services may be restricted, downgraded, or otherwise changed at any time without prior notice. Apart from other provisions of these Terms of Service, we will not assume any warranty, maintenance, indemnification, or availability obligations for our free services. Thus, there is no guarantee that functionalities of the free services will not become subject to payment in the future.

At certain times, we may – at our discretion – grant you access to our fee-based services for trial purposes free of charge or at a reduced fee. We may restrict, downgrade, or otherwise change your access at any time without prior notice. In accordance with the conditions agreed in the order, the trial use offered may end automatically or automatically switch to the regular fee-based service.

mylingua is entitled to commission subcontractors, in particular external software suppliers, to provide the services offered by us in accordance with your order.

§ 4 Use of the platform

After the respective order, mylingua grants you a simple, non-transferable, worldwide right to use the services for a free period or the duration of the respective subscription. The granted use is limited to your private purposes.

You acknowledge that the access requirements for our fee-based services, such as required hardware or functioning internet access, cannot be guaranteed by mylingua.

You may only use the services to the extent specified in our documentation, order confirmations, and website. You also undertake to use the services of mylingua in a proper and lawful manner. You must ensure that you do not violate any applicable international, national, or local law. In addition, you must not violate the rights of third parties, such as trademarks, trade secrets, copyright, or other proprietary rights.

mylingua allows you to upload your own texts, which can then be displayed and edited using our services. You are solely responsible for your own content and the material you upload. We are not in a position to control the data you transmit when using our services or to guarantee the accuracy, integrity, or quality of this information. We do not monitor user content, but we reserve the right to take such action as we may deem appropriate at any time if we become aware that any uploaded content violates any guidelines or is otherwise objectionable in our sole discretion. This may include removing or blocking content or restricting or terminating your access to our services. We do not claim ownership of the content generated by users.

By submitting content to our services, you agree that we are granted a worldwide, royalty-free, and non-exclusive license to reproduce, modify, and distribute your content. The purpose of this license is to enable mylingua to market its offering to outsiders and the ability to display, distribute, and promote user content within the services. If you no longer wish to do this at a certain point in time, you can delete your account and your information will no longer be visible to other people. At the same time, mylingua grants you a personal, non-exclusive, non-sublicensable, worldwide license to access and view other users' content as part of your normal use of the services for the duration of your membership.

By displaying content from users, there is a risk that offensive, indecent, or objectionable content may be displayed. You acknowledge this by accepting the Terms of Service. We cannot be held liable for user content under any circumstances.

You may not sublicense the use of and access to our services or pass them on to other persons. Thus, you are prohibited from resale, lease, rental, transfer, assignment, distribution and/or external business use.

The language learning services of mylingua are offered by means of software. You are prohibited from decompiling parts of the services or obtaining the underlying structural ideas, algorithms, or functional mechanisms of our services. Exceptions exist in individual cases due to mandatory legal regulations.

In addition, you may not modify, adapt, translate or create derivative works based on our services. However, you can contact us by email at any time if you are considering collaborating with us. We will be happy to discuss collaboration opportunities in which we can provide you with permissions for certain actions within our services. The content of our services may not be reproduced, processed, shared, or publicly reproduced without our written consent. Exceptions apply in cases where this is expressly permitted by the way our services work.

You may not use our services in a way that violates applicable laws and regulations. No infringing, defamatory, unlawful, or unauthorized material, code, or malware may be stored or transmitted. Phishing, spamming, denial of service attacks, or other criminal or fraudulent activities are also expressly prohibited. This means that you may not gain unauthorized access to our services, networks, or systems.

You agree and warrant to us that you are not using the service from or residing in a country that is subject to a U.S. or EU embargo or other economic sanctions, is on a list of prohibited or restricted parties, or is otherwise blocked or sanctioned by the U.S. government or an EU member state.

§ 5 Terms of payment

Generally, the paid services are subscriptions that include recurring payments depending on the selected period (monthly or annually). The subscription is only terminated when you cancel your order or your user account.

You are obliged to pay mylingua the fees for our fee-based services indicated in the order and confirmed by you when submitting the order. You are also obliged to use the payment methods offered by mylingua.

Unless otherwise agreed between you and mylingua, each of your orders for fee-based services shall remain in effect for as long as the original term was specified in the order. This term shall be automatically and continuously extended by a further period in each case if you or mylingua do not terminate the order with fourteen (14) days' notice with effect from the end of the respective term. After confirming your order, you authorize us to initiate one or more payments on your behalf. The respective payment amount is determined in the order. We may adjust the charges with at least sixty (60) days' prior notice to the end of the original renewal term for the subsequent renewal term. If payments are not received by mylingua within fourteen (14) days of their due date, we may block your access to our services in accordance with applicable law by text form (email is sufficient).

To ensure a smooth recurring payment process, you allow us to store your card details and/or your SEPA bank details:

By providing your payment information and confirming this payment, you authorize (A) mylingua and Stripe, our payment service provider, to send instructions to your bank to debit your account and (B) your bank to debit your account in accordance with those instructions. As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. Your rights are explained in a statement that you can obtain from your bank. You agree to receive notifications for future debits up to 2 days before they occur.

§ 6 Rights of use and intellectual property

News, messages, and other content from third parties are reproduced on our website. As a rule, this content is displayed on mylingua in its original wording. Responsibility for the content of this material lies exclusively with the original creators. By agreeing to the Terms of Service, you declare that you understand and accept that the content you access via mylingua is created by third parties and that we have no control over this content. The use of external content is therefore at your own risk.

The content on mylingua may contain links to other websites. We are not responsible for linked sites or the content of third parties and do not expressly endorse them. These sites are not under the control of mylingua. Thus, we cannot be responsible for the content or other practices, such as privacy policies. We use third-party content to make our service attractive to you. By displaying third-party content, however, mylingua does not intend to endorse third parties. By agreeing to the Terms of Service, you agree that mylingua shall not be liable or responsible, directly or indirectly, for any damage or loss caused in connection with the use of third-party content or services.

At mylingua, we do everything we can to respect the intellectual property rights of others. We expect the same from you as our user. Content available on sites to which we link may be protected by the copyright and intellectual property laws of applicable jurisdictions. In this case, the terms of service of these websites apply and not the Terms of Service of mylingua.

Our Services include translations provided by Microsoft and DeepL. The providers disclaim all express and implied warranties in connection with the translations, including warranties of accuracy, reliability and merchantability, fitness for a particular purpose, and non-infringement.

§ 7 Data protection

We process personal data to deliver the contractual features described in the Service description (legal basis: Art. 6(1)(b) GDPR). In addition, we process personal data on other legal bases for purposes that are not necessary to perform the contract, for example: compliance with legal obligations (Art. 6(1)(c)), our legitimate interests such as service security, fraud prevention or defending legal claims (Art. 6(1)(f)), and—where required by law or where a feature is optional—your consent (Art. 6(1)(a)).

A complete description of all processing purposes, categories of data, recipients, transfers, retention periods and your rights (including how to withdraw consent) is provided in our Privacy Policy, which prevails in case of questions about data processing details. For the scope of the services and your usage rights, these Terms prevail. In case of contradiction, the Privacy Policy prevails for data processing matters.

You can exercise your rights under the GDPR at any time, including the rights to access, rectify, erase, and restrict the processing of your personal data, as well as the right to data portability and to object to processing.

Sponsored licenses
If your license is paid for, subsidised, or otherwise provided by a sponsor (such as a university, school, employer, department, program, funding body, or other third party), you acknowledge and agree that we may share limited personal data with that sponsor to the extent necessary for license administration, eligibility verification, support coordination, and usage reporting. Shared usage reporting typically consists of weekly per-user and per-cohort aggregated metrics, such as the number of articles read and the number of words added in each calendar week, together with basic identification and license metadata (e.g., name, email, license type, status, start/end dates, cohort/group).

Where a written data processing agreement (DPA) designates the sponsor as the controller for certain processing activities, we process such data on the sponsor’s documented instructions in accordance with the DPA and applicable data protection law. Where no DPA or similar agreement applies, mylingua remains the controller and shares the above-mentioned data with the sponsor as an independent controller on the basis of our legitimate interests (Art. 6(1)(f) GDPR) in ensuring eligibility, monitoring use of sponsored licenses, and enabling the sponsor to evaluate the service. If you do not wish for such sharing to occur, you should not use a sponsored license (individual licenses are available).

§ 8 Warranty and liability disclaimer

If you use a paid service, we provide you with a guarantee that this service complies in all material respects with the description in the order and the description on our website. You further agree that you use our services and the content provided at your own risk.

We take no responsibility for the progress and improvement of your language learning. The exclusion of liability includes any liability for claims arising from loss of data and/or information, failure of data processing facilities, loss of profit, and/or financial loss. In addition, we assume no responsibility for misdelivery or non-delivery of information, failure to store user communications or personalization settings, bugs, or other errors. We also do not guarantee that our services or individual functionalities will function uninterrupted or error-free.

Claims for damages against mylingua, our representatives, employees, or other bodies in connection with the services we offer are ruled out unless the damage was caused by intentional or grossly negligent acts.

Subject to the other provisions on liability exclusions in these Terms of Service, mylingua's maximum total liability to you shall be the amount you have spent on chargeable services, to the extent permitted by applicable law.

§ 9 Right of withdrawal

You have the right to withdraw from these Terms of Service within fourteen (14) days without specifying any reasons. The deadline for withdrawal is fourteen (14) days from the date on which this contract was concluded. To exercise your right of withdrawal, you must inform mylingua of your decision to withdraw from this contract by an explicit statement (e-mail is sufficient).

If you withdraw from this contract, we must refund all payments we have received from you immediately and in any case within fourteen days from the day on which we receive notification of your withdrawal from this contract.

§ 10 Cancellation and termination of contract

You can cancel your account and, if applicable, your subscription to the paid services at any time using the cancel function in your profile. After canceling your profile, you will no longer have access to your profile and mylingua may delete all information and materials received from it at any time. However, you acknowledge that some user content that is not directly contained in your profile may remain even after your profile has been deleted. For example, this may include comments or posts on the learning platform.

We may monitor your use of the services we offer at any time and prohibit or block further use if we believe that you are in breach of a provision of the Terms of Service. We also reserve the right to terminate your account at any time if we believe that you have violated the Terms of Service.

§ 11 Amendments to the Terms of Service

We reserve the right to amend and/or update these Terms of Service for orders already placed from time to time with effect for the future, insofar as this is necessary for technical, economic, or legal reasons. You will be notified of any changes to the Terms of Service in text form (e-mail is sufficient) at least six (6) weeks before the proposed date of entry into force. In the meantime, you can agree or object to the changes at any time. We will automatically consider the change to have been approved by you if you have not objected to it before the effective date.

We also reserve the right to amend and/or update these Terms of Service for future orders at any time and without prior notice.

Should individual provisions of these Terms and Conditions be or become void, ineffective, or contestable, the remaining provisions shall remain unaffected. These provisions shall be deemed to be replaced by valid and enforceable provisions that come closest to the intended economic purpose.

§ 12 Applicable law and place of jurisdiction

These Terms of Service are governed exclusively by Austrian law, to the exclusion of international conflict of law rules.

The place of performance is the registered office of mylingua in Vienna. The exclusive place of jurisdiction is the materially appropriate court in Vienna.