Terms of Use

1. Overview

GOALL LLC ("GOALL," "we," "our," or "us") operates a range of online language learning platforms, which include our web applications ("Websites"), mobile applications ("App," or "Apps"), and related services (collectively referred to as the "Service"). Your access to and use of the Service are subject to the following Terms of Use. By accessing or using any part of the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, including any future modifications. The date of the last revision will be indicated at the bottom of the Terms of Use. Your continued use of the Service after any such changes have been made constitutes your acceptance of the new Terms of Use.

Additionally, by accessing or using any part of the Service, you affirm that you are at least thirteen (13) years old. Please note that the Service is not intended for use by individuals under the age of thirteen (13).

THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION FOR RESOLVING DISPUTES, WHICH NECESSITATES RESOLVING DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS UNDER SPECIFIC CIRCUMSTANCES, INSTEAD OF PURSUING JURY TRIALS OR CLASS ACTION LAWSUITS. REVIEW THESE TERMS HERE.

2. Service Description

The Service enables users to access diverse educational services, fostering communicative and literacy skills through customizable, research-grounded task-based activities. It also supports post-novice language learners in completing daily tasks in a foreign language. GOALL reserves the right, at its sole discretion and at any time, to update, modify, suspend, enhance, or terminate any aspect of the Service, whether on a temporary or permanent basis.

3. User Responsibility

You are solely responsible for your use of the Service and any activity conducted through your account. Our objective is to foster a positive, useful, and safe user experience. In order to achieve this, we have established guidelines that prohibit certain types of behavior that could be detrimental to other users or to our platform. By utilizing the Service, you must adhere to our Code of Conduct.

4. International Use

You agree to comply with and take full responsibility for adhering to all local laws, regulations, and rules in your respective jurisdiction(s) of residence. Furthermore, you agree to comply with all relevant laws pertaining to the transmission of exported data from the United States or the jurisdiction(s) in which you reside.

5. Supplementary Terms

Certain Services we offer may be subject to supplementary Terms of Use ("Supplementary Terms"). Whenever such Supplementary Terms are applicable to a particular Service, we will provide you with access to them for your review before using that Service. By utilizing the respective Service, you agree to abide by the corresponding Supplementary Terms.

6. User Registration

By registering for and utilizing the Service, you acknowledge and agree to the following:

7. Content Submission and License

By submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials (collectively referred to as "Content") on the Service, you acknowledge and agree to the following terms:

You grant GOALL a full-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content. You understand that once your Content is submitted, you cannot terminate this license.

You represent and warrant that you own or have obtained all necessary legal rights for the Content you submit. You acknowledge that other users will have access to the Content, and neither they nor GOALL have any obligation to maintain its confidentiality.

You agree not to upload, display, or provide any Content on or through the Service that:

8. Guidelines for Reviews

When posting a review, you must comply with the following criteria:

9. Website License

GOALL grants you a limited license to access and utilize its Website. In accepting this license, you agree to the following terms:

All copyright and other intellectual property rights in the material on this Website are owned by GOALL or its licensors. Any violation of these terms automatically terminates your permission to use this Website. All rights not expressly granted in these terms are reserved.

10. App License

Subject to the terms outlined in these Terms of Use, GOALL provides you with a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form on an interactive wireless device that you own or control. It is strictly prohibited to derive or attempt to derive the source code of any App, allow any third-party to do so, or engage in reverse engineering, decompiling, disassembling, or translating any App or its components. GOALL and its licensors retain all intellectual property and other rights to the Apps, including any changes, modifications, or corrections made to them.

11. Apple and Android Devices

When utilizing our App acquired from either the Apple App Store or Google Play (each referred to as an "App Distributor") to access the Service, the following terms shall apply:

12. In-App Purchases and Subscription

If you purchase an auto-renewing periodic subscription through the Service, your GOALL account will be billed continuously until you terminate the subscription as described below. Upon the completion of your initial subscription period and subsequent periods, your subscription will automatically renew for an equivalent period. If you do not wish for your subscription to renew automatically or if you want to modify or cancel your subscription, you must log in to your GOALL account and follow the provided instructions, even if you have deleted your account.

Within the Service, you have the option to purchase a limited, personal, non-transferable, non-sublicensable, and revocable license to use virtual currency ("Virtual Items"), including but not limited to virtual coins, solely within the Service. You can only acquire Virtual Items through the Service and not through any other means.

GOALL retains the right to manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Unless expressly authorized within the Service, the transfer of Virtual Items is strictly prohibited.

You are responsible for paying all fees and applicable taxes incurred by you or anyone using a GOALL account registered to you. GOALL reserves the right to revise the pricing of goods and services offered through the Service at any time.

13. Third-Party Payment Processors

All financial transactions associated with the Service will be handled by a third-party payment processor, subject to their respective terms of use, privacy policy, and any applicable payment terms and conditions. We recommend familiarizing yourself with the practices of these third-party providers. GOALL assumes no responsibility for the actions or failures of any third-party payment processor, including, but not limited to, system downtime or payment service interruptions.

14. Refund Policy

All payments are nonrefundable. No refunds or credits will be issued for Virtual Items or partially used membership periods, unless otherwise determined by GOALL on a case-by-case basis at our sole discretion. The grant of a refund or credit by GOALL in a specific instance does not create an obligation to provide refunds or credits in the future, regardless of circumstances. In the event of canceling a periodic subscription to a paid GOALL service, access to the service will remain available until the end of the current billing period.

15. Third-Party Links and Advertising

The Service may provide links to third-party websites, advertisers, services, special offers, or events that are not owned or controlled by GOALL. We do not endorse or assume responsibility for any third-party sites, information, materials, products, or services. If you choose to access any third-party website, service, or content through GOALL, please be aware that these Terms of Use and our Privacy Policy do not apply to your use of such sites.

The Service may include advertisements, which may be targeted based on the Content or information available on the Service or other factors. By accessing and using the Service, you agree that GOALL and its third-party providers and partners may display such advertising in connection with the presentation of content or information submitted by you or others.

16. User Compliance and Warranties

By accessing and using the Service, you affirm and warrant to GOALL that your actions will comply with these Terms of Use, as well as all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction.

You additionally declare and warrant that you do not meet any of the following criteria:

17. GOALL Makes No Representations or Warranties

THE SERVICE, INCLUDING ALL ITS CONTENT SUCH AS IMAGES, AUDIO FILES, AND OTHER MATERIALS, AS WELL AS ANY INFORMATION, PROPERTY, AND RIGHTS GRANTED OR PROVIDED TO YOU BY GOALL, ARE PROVIDED ON AN "AS IS" BASIS. GOALL AND ITS SUPPLIERS DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISCLAIMED.

SPECIFICALLY, GOALL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS OBTAINED FROM USE, OR NON-INFRINGEMENT RELATED TO THE SERVICE.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

18. Restrictions on the Types of Damages and Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOALL SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PART THEREOF. THESE LIMITATIONS APPLY EVEN IF GOALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOALL'S LIABILITY TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOALL FOR THE SERVICE WITHIN THE 12 MONTHS PRECEDING THE INITIAL ACTION THAT GAVE RISE TO THE LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE ESTABLISHED OUR PRICES AND ENTERED INTO THESE TERMS OF USE WITH YOU BASED ON THE LIMITATIONS OF LIABILITY OUTLINED HERE.

19. Indemnification

You agree to defend, indemnify, and hold GOALL and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns harmless from any and all losses, claims, causes of action, obligations, liabilities, and damages, including attorneys' fees, arising from or relating to your access or use of the Service. This includes any false representation made to us, your violation of any of these Terms of Use, or any claim alleging that any translation provided by us to you is inaccurate, inappropriate, or defective in any way.

20. Termination of Service

GOALL reserves the right to terminate your access and use of the Service immediately, without prior notice, for any reason. Upon such termination, you will no longer have the right to use the Service. You have the option to terminate your GOALL account at any time by following the instructions provided within the Service. It is important to note that Section 1 and Sections 12–32 of these Terms of Use will continue to remain in effect even after termination.

21. Proprietary Rights in Service Content and User Generated Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio, and other files, along with their selection and arrangement ("Service Content"), are the proprietary property of GOALL or its licensors. Unless expressly permitted in these Terms of Use, no Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.

Regarding data, information, and materials generated through your access and use of educational activities on the Service, including any translated content created by you ("User Generated Materials"), they are exclusively owned by GOALL. By using the Service, you assign to GOALL all rights, title, and interest, including intellectual property and proprietary rights, in the User Generated Materials.

Any User Generated Materials you transmit or post to this Website are non-confidential and non-proprietary. Posting or transmitting any material on this Website that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, racially hateful, or discriminatory is strictly prohibited. Misuse of the Website, including hacking, using robots, spiders, data mining tools, or automated data submission, is not allowed.

22. Trademarks

The term "GOALL" and all other trademarks, service marks, graphics, and logos associated with the Service are either trademarks or service marks owned by GOALL or their respective owners. Your access and use of the Service does not confer upon you the right or license to reproduce or use the GOALL name, or any trademarks, service marks, graphics, or logos of GOALL or third parties, unless expressly granted.

23. Privacy Policy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of our Privacy Policy.

24. Copyright Violations and Notice for Claims

If you are a copyright owner and believe in good faith that any material available through the Service infringes your copyrights, you can submit a copyright infringement notification to GOALL under the Digital Millennium Copyright Act (DMCA). To do so, please provide us with the following information in writing:

Please submit any claims of copyright infringement to [email protected].

PLEASE BE AWARE THAT KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING MAY LEAD TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES, UNDER UNITED STATES FEDERAL LAW.

25. Governing Law

These Terms of Use shall be governed by and construed under the laws of Hawaii, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

26. Choice of Forum

Subject to Section 27 (Dispute Resolution and Arbitration), all judicial proceedings relating to or arising out of these Terms of Use or the Service shall be brought in the state or federal courts sitting in Honolulu County, Hawaii. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in Honolulu County, Hawaii, and waive any objections to venue in those courts.

27. Resolution of Disputes Through Arbitration

ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS OF USE OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AS DESCRIBED IN THIS SECTION.

Before initiating arbitration, the party initiating the claim ("Claimant") must first send a written Notice of Claim to the other party ("Respondent") via email or USPS Certified Mail. The Notice must include the Claimant's name, address, contact information, the identity of counsel (if applicable), the nature and basis of the claim, and the specific relief sought. Within thirty (30) days of receiving the Notice, the parties must engage in at least one good-faith settlement conference via telephone or video conference.

The arbitration will be conducted by a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings ("AAA Rules"). The arbitration will be conducted in English.

If a claim falls within the jurisdiction of a small claims court, either party may choose to have the case heard in that court on an individual basis instead of arbitration.

If you do not wish to resolve disputes with GOALL through arbitration and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of your first access or use of the Service.

However, either party may seek non-monetary, injunctive remedies or urgent relief in court without engaging in arbitration or informal dispute resolution processes.

28. Language

This agreement was initially drafted in English (US). In the event of any discrepancies between this English language version and any translated copies of the Terms of Use, the English version shall take precedence.

29. California Users and Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

30. International Users

These Terms of Use are a contract between you and GOALL LLC, a Hawaii limited liability company based in the United States. All paid GOALL Services are developed and operated from the United States. When you pay for a GOALL Service, your payment goes to GOALL LLC in the United States. By purchasing or subscribing to a paid GOALL service, you agree that you are buying an offshore service based in the United States.

31. Miscellaneous

These Terms of Use represent the complete agreement between GOALL and you regarding the subject matter discussed herein. If any provision of these Terms of Use is deemed unenforceable by a court or other competent authority, that provision will be limited or eliminated to the minimum extent necessary for the remaining provisions to remain fully valid and enforceable. A waiver by GOALL or you of any provision or breach of these Terms of Use in a specific instance will not waive that provision or breach for any future instances. GOALL may assign its rights or obligations under these Terms of Use without any conditions.

This terms of use was last updated on and effective as of: March 28, 2024