IMPORTANT IF YOU LIVE IN THE UNITED STATES: READ SECTION 18. Disputes are resolved through individual arbitration rather than in court, and you waive class actions and jury trials. You have 30 days to opt out of arbitration, as that section explains.
Summary
These are the essentials. The full document below is what governs.
- Spangli is a practice tool, not a certified teacher. Corrections are generated by artificial intelligence and can be wrong.
- You need to meet the minimum age of your country to have an account: 13 in most countries (the list is in the Privacy Policy).
- Your account is yours and personal. Do not share it or sell it.
- Your answers are used to correct you, and your practice mistakes are stored anonymously, with nothing that says whose they are, to improve Spangli’s corrections.
- The free plan may include advertising.
- You can leave whenever you want and delete your account and your data.
1. What these Terms are
These Terms and Conditions (the “Terms”) are the contract between you and Orbinux LLC (“Orbinux”, “we”, “us”), a limited liability company organized under the laws of the State of Wyoming, United States. They govern your use of the Spangli app, the spangliapp.com website and related services (together, the “Service”).
By creating an account and checking the acceptance box, or by using the Service in any way, you accept these Terms. If you do not agree, do not use the Service.
The processing of your personal data is governed by the Privacy Policy, which is part of these Terms. If these Terms and the Privacy Policy say different things about your personal data, the Privacy Policy governs.
2. What Spangli is
Spangli is an app for learning English, designed for Spanish speakers. It includes lessons; translation, listening, writing and pronunciation exercises; missions and Guiadas with artificial intelligence characters; progress tracking; and game elements such as points, streaks and medals.
Spangli is a practice and self-study tool. It is not an accredited course, it does not grant official degrees or certifications, and it does not replace a teacher or an educational institution. The level the app shows you is an approximate estimate with no official validity.
Points, streaks, crystals and medals are part of the game: they have no monetary value, cannot be exchanged for money or transferred, and may change along with the Service.
3. Who can use Spangli
To use the Service you must:
- Meet the minimum age of your country. It is 13 in most countries and higher in some; the full list is in section 10 of the Privacy Policy.
- If you are a minor, have the permission of your mother, father or legal guardian, who accepts these Terms on your behalf. Accounts of people under 18 have some features turned off, as the Privacy Policy explains.
- Live in a country where Spangli is available. Spangli is not available in some countries and regions.
- Not be subject to United States sanctions. You may not use the Service if you live in a country or region subject to comprehensive United States sanctions, if you appear on a United States government list of sanctioned persons, or if you act on behalf of someone who does.
- Not have been previously suspended or banned from the Service.
If we find that an account does not meet these requirements, we suspend it and delete its data as described in the Privacy Policy.
4. Your account
You create your account with your email address or your Google account. You are responsible for:
- Making sure the information you give us is true, especially your country and your date of birth.
- Keeping your password secret.
- All activity that happens through your account.
Your account is personal and non-transferable. You may not share, assign or sell it. If you believe someone has accessed your account without permission, write to us right away at hola@spangli.app.
5. Acceptable use and artificial intelligence rules
When using Spangli you agree not to:
- Use the Service for anything illegal or that violates other people’s rights.
- Write or say content that is illegal, abusive, defamatory, sexual, violent, discriminatory, harassing or that incites hatred, or content about drugs.
- Try to manipulate the artificial intelligence characters, get around their rules, extract their instructions or use them to generate prohibited content.
- Decompile, reverse engineer or try to obtain the Service’s code, except to the extent the law allows.
- Access the Service with bots, scrapers or other automated means without our written permission.
- Overload, interfere with or compromise the security of the Service, or abuse its usage limits.
- Copy, distribute or create derivative works from the Service’s content for commercial purposes.
- Use the Service to develop, train or improve a competing product or model.
- Impersonate another person or Orbinux.
Strikes. An automated filter reviews what you write or say to the characters. If a message breaks these rules, it is not processed and you receive a strike. With three strikes the mission or Guiada ends. If the abuse continues, we may limit or suspend your account under section 16. The filter can make mistakes: if you think a strike was unfair, write to us and a person will review it.
6. Your content and Anonymous Data
Your Content. You keep ownership of everything you enter into the Service: your answers, your texts, your messages and the transcripts of what you say (“Your Content”).
License while you have an account. While you have an account, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process and transmit Your Content for a single purpose: providing the Service to you. That includes correcting you, evaluating your pronunciation, personalizing your practice, showing you your progress and preparing summaries of what you have learned. This license ends when you delete your account. On that day we delete Your Content and the data linked to you, with the exceptions in section 17.
Anonymous Data. Separately from accounts, we keep the mistakes made while practicing, by word and by sentence: what was asked and what was written or said in each attempt (“Anonymous Data”). Before storing them we remove everything that makes it possible to know whose they are: they carry no name, email, account identifier or exact date. They never include data from accounts of people under 18. We do not try to link them back to any person.
Use of Anonymous Data. You grant us a perpetual, irrevocable, worldwide, royalty-free license to create Anonymous Data from Your Content and to use it to improve Spangli’s teaching, especially to train and improve our own grammar and pronunciation correction models. Because Anonymous Data is not linked to any account, it is kept even if you delete yours. By accepting these Terms you accept this use.
Your feedback. If you send us ideas or suggestions about the Service, we may use them freely, without paying you and without naming you. Do not send us anything you consider confidential.
7. What the artificial intelligence generates
The corrections, explanations, evaluations and character responses generated by artificial intelligence within the Service (“AI Content”) are part of the Service and belong to us or our licensors. We give you a personal, non-exclusive, non-transferable license to use it for learning. You may save or share what it corrected for your own study, but you may not sell it or use it to train another model.
8. Artificial intelligence: what to expect and what not to
The Service uses third-party artificial intelligence models to transcribe your voice, evaluate your pronunciation, correct your mistakes and bring the characters to life. Keep in mind that:
- The characters are artificial intelligence, not people. They are not friends, counselors or professionals.
- AI Content may be inaccurate, incomplete or wrong. Do not take it as established fact or as advice of any kind.
- Pronunciation evaluation is an automated estimate and can be affected by noise, your microphone or your accent. It is not a diagnosis.
- No one reviews AI Content before it is shown to you.
- Spangli does not give educational, professional, medical, legal or financial advice. What you decide based on the Service is your responsibility.
If a conversation makes you feel unsafe, get help: call the emergency number in your country.
9. Spangli’s intellectual property
The Service, including its software, design, brand, lessons, exercises, characters, illustrations, texts and sounds, belongs to Orbinux or its licensors and is protected by intellectual property laws.
We give you a personal, limited, revocable, non-exclusive and non-transferable license to use the Service for personal, non-commercial purposes under these Terms. All rights not expressly granted to you are reserved. “Spangli” and its logos are trademarks of Orbinux: you may not use them without our written permission.
10. The free plan, Turbo and advertising
The Service has a free plan (Basic) and a paid plan (Turbo). What each plan includes and its usage limits are shown in the app before you buy.
Advertising on the free plan. We may show advertising, our own or from third parties, on the free plan. We decide which ads are shown, where and how often. Advertising based on your data is only shown with your permission, and never on accounts of people under 18. We are not responsible for products or services advertised by third parties. The details are in the Privacy Policy.
Turbo. Turbo is a subscription that renews automatically at the end of each period until you cancel it. It is purchased in the app store or on our website, where available, and it is not sold in every country. Accounts of people under 18 cannot purchase it.
- Price and taxes: the price, currency, period and taxes are those shown at the time of purchase.
- Cancellation: you can cancel at any time from the store where you purchased or from your account. You keep Turbo until the end of the period already paid.
- Refunds: payments are non-refundable, except when the law of your country or the policy of the store where you purchased gives you that right, or when there was a duplicate or mistaken charge. Write to us at hola@spangli.app.
- Price changes: if the price changes, we will notify you at least 30 days before the next renewal, and you can cancel before it applies.
- The terms of the app store where you purchased also apply to that purchase.
Turbo terms:
- Plans: annual and monthly. The price of each, in your currency, is shown when you buy.
- Free trial: in the app store, the annual plan includes 7 free days the first time you subscribe to Turbo. The first charge is on the day the trial ends, unless you cancel before, and we email you 5 days before.
- Renewal: the annual plan renews every year and we email you about 35 days before; the monthly plan renews every month and we remind you once a year that it is still active.
- What it includes: no daily energy limit; missions: up to 20 per day (fair use).
- Withdrawal: if you live in Argentina, Chile or Paraguay, you can request a refund within 10 calendar days from when you subscribed; in Ecuador, within 30. Request it in Profile, once the charge has been made: Turbo ends that day and we refund the last charge. In other countries, “Refunds” above applies.
11. Third-party services
The Service may include links to or integrations with third-party services, such as the app store or Google sign-in. We do not control them and are not responsible for them: their use is governed by their own terms and policies.
12. Availability of the Service
We do our best to keep the Service working well, but we do not guarantee that it will be available without interruptions. It may fail because of maintenance, technical problems, provider outages or causes beyond our control. We may change, suspend or stop offering features of the Service. If one of those decisions significantly affects an active Turbo subscription, we will give you reasonable advance notice and, where appropriate, refund the unused portion.
The Service requires an internet connection and a compatible device. Data and device costs are yours.
13. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not guarantee that the Service will be error-free or that using it will produce any particular learning result: learning a language depends on your dedication and on factors beyond our control.
Nothing in this section excludes warranties that the consumer law of your country does not allow to be excluded.
14. Limitation of liability
To the fullest extent permitted by applicable law:
- Orbinux is not liable for indirect, incidental, special, punitive or consequential damages, or for lost profits, loss of data, loss of opportunities or damage to reputation.
- Orbinux’s total liability for the Service or these Terms will not exceed the greater of: (a) what you paid Orbinux in the 12 months before the event that gave rise to the claim, or (b) one hundred United States dollars (USD 100). Having multiple claims does not increase this limit.
These limitations do not apply where the law does not allow them to be limited, including willful misconduct, gross negligence, personal injury and rights that the consumer law of your country does not allow you to waive.
15. Indemnification
You agree to defend and hold harmless Orbinux, its managers, employees and providers from claims, damages and reasonable expenses, including legal fees, arising from your use of the Service in violation of these Terms or the law, or from your violation of third-party rights. This does not apply to the extent that the law of your country prohibits or limits it, especially with respect to consumers.
16. Suspension and termination
By you. You can stop using the Service whenever you want and delete your account as described in section 17.
By us. We may suspend or terminate your account, giving you notice in advance when reasonably possible, if:
- You violate these Terms, especially section 5.
- Your use puts the Service or other people at legal, security or integrity risk.
- The law or an authority requires it.
In the case of serious or clearly illegal violations we may act immediately. If we terminate your account through no fault of yours, we refund the unused portion of Turbo.
When the contract ends, the sections that by their nature should survive remain in effect, including section 6 (the Anonymous Data license), 7, 9, 13, 14, 15, 18 and 19.
17. Deleting your account
You can delete your account at any time from Profile, in the app, or from our account deletion form.
Keep in mind that:
- Deletion is permanent and irreversible: you lose your progress, your streak, your points and your history.
- We delete Your Content and all data linked to your account, except the record of what you accepted, which we keep for 3 years to be able to prove the agreement in case of a dispute.
- The Anonymous Data in section 6 is not deleted, because it is not linked to you.
- The retention periods are in section 5 of the Privacy Policy.
- Deleting your account cancels your Turbo subscription, so there will be no more charges. If your country gives you the right to request a refund, request it from Profile before deleting your account.
18. Disputes, governing law and courts
First, write to us. Before any formal claim, write to us at hola@spangli.app describing the problem. We commit to try to resolve it in good faith within 30 days.
Governing law. These Terms are governed by the laws of the State of Wyoming, United States, without applying its conflict of laws rules. Claims that do not go to arbitration are brought before the state and federal courts of Laramie County (Cheyenne), Wyoming.
If you are a consumer, the choice of law and courts in this section does not take away the protection given to you by the mandatory rules of the law of your country, and you may go to the courts where you live when that law allows it.
Arbitration in the United States. If you live in the United States, you and Orbinux agree to resolve any dispute about the Service or these Terms through individual, binding arbitration, and not in court, under these rules:
- Exceptions: claims that fit in a small claims court, brought individually, and requests to protect intellectual property.
- Who administers it: JAMS (jamsadr.com), under its streamlined arbitration rules for claims under USD 250,000 and its comprehensive rules for larger ones. Unless otherwise agreed, the arbitration takes place in the county where you live.
- Individual only: neither party may bring a claim as a plaintiff or class member in a class or representative action. The arbitrator may only award individual relief.
- No jury: by agreeing to arbitration, you and Orbinux waive the right to a trial before a judge or jury.
- Costs: each party pays its own lawyers, unless the arbitrator decides that a claim was abusive.
- Mass arbitration: if 100 or more similar arbitration claims are filed against Orbinux within 30 days by the same law firm or by a coordinated group, JAMS groups them into batches of 100, with one arbitrator and a single set of costs per batch.
- How to opt out: you can opt out of this arbitration within 30 days of first accepting these Terms by writing to hola@spangli.app with your name, your account email and that you want to opt out. Opting out does not change the rest of these Terms.
- If a court declares the class action waiver invalid for a claim, that claim is resolved before the courts of Laramie County, Wyoming; the others remain in arbitration.
If you live in Ontario, Canada, the Ontario Consumer Protection Act, 2002 applies: you may bring claims before the courts of Ontario and take part in a class action, and the arbitration above does not bind you.
19. Information by country
As a consumer you keep all the rights the law of your country gives you that cannot be waived. In particular:
- Mexico: those under the Federal Consumer Protection Law. The Federal Consumer Protection Agency (PROFECO) handles consumer complaints.
- Colombia: those under Law 1480 of 2011 (Consumer Statute), including the legal warranty, the right of withdrawal in distance sales and payment reversal (art. 51): if you paid by card and there was fraud, a transaction you did not request, or the service was not provided, you can ask your bank, within 5 business days after you found out, to reverse the payment. The authority is the Superintendence of Industry and Commerce.
- Argentina: those under Consumer Protection Law 24,240 and the Civil and Commercial Code, including the right to revoke acceptance of a distance purchase within the legal period.
- Chile: those under Law 19,496 on the Protection of Consumer Rights. The National Consumer Service (SERNAC) handles complaints.
- Peru: those under the Consumer Protection and Defense Code (Law 29571). Indecopi handles complaints.
- Ecuador: those under the Organic Consumer Protection Law.
- United States (California): under section 1789.3 of the California Civil Code, the Service is provided by Orbinux LLC, at the address and email at the end of these Terms. You may file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or at (800) 952-5210.
20. Changes to these Terms
We may update these Terms because of changes in the Service, the law or our business. If the change is minor, we will notify you by email, and continuing to use the Service means you accept it. If it is significant, for example if it affects your rights or how disputes are resolved, we will show it to you in the app when we publish it and you will have to accept it to keep using the Service; until you accept it, the version you accepted governs. Turbo price changes follow section 10.
These Terms and the Privacy Policy form a single package with a single version, which is accepted in full: it is not possible to accept only part of it. We keep a copy of each published version and of the version you accepted, with the date.
21. General provisions
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Orbinux about the Service, and replace any previous agreement.
- Severability. If a court declares a clause invalid, the rest remains in effect and that clause is interpreted as closely as possible to its intent.
- Waiver. Our not exercising a right at any given time does not mean we waive it.
- Assignment. You may not assign these Terms without our written permission. We may assign them in a merger, sale or reorganization, with notice to you.
- Force majeure. We are not liable for failures caused by events beyond our reasonable control.
- Export. You may not use or export the Service in violation of United States export control and sanctions laws.
- Electronic communications. You agree to receive our notices by email or within the app, and that they count as written notice.
- Language. These Terms are in Spanish and English, and both versions are equally valid. If they differ, the Spanish version governs, unless the law of your country requires otherwise.
- Version: 2.2
- Language: this is the English version. These Terms are also available in Spanish; both versions are equally valid, and if they differ, the Spanish version governs unless the law of your country requires otherwise.
Spangli is a service of Orbinux LLC, 7345 W Sand Lake Rd, Ste 210, Office 6764, Orlando, FL 32819, United States. Contact: hola@spangli.app.
This document was drafted from the public domain templates of General Legal, PC.