End-User License Agreement
EULA for Fluency Lock
This End-User License Agreement (“Agreement”) is a legal agreement between you (the “User”) and Rob Levin, an individual developer doing business as Fluency Lock (“Licensor”) regarding your use of the Fluency Lock mobile application (the “App”). By downloading, installing, or using the App, the User agrees to be bound by the terms and conditions of this Agreement. If the User does not agree to these terms, they should not download, install, or use the App.
License Grant
The Licensor grants the User a limited, non-exclusive, non-transferable, revocable license to install and use the App on a mobile device owned or controlled by the User solely for personal, non-commercial use, subject to the terms of this Agreement.
Restrictions on Use
The User shall not:
- Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App.
- Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the App to any third party.
- Use the App in any unlawful manner, including, but not limited to, for unlawful purposes, or in violation of this Agreement.
- Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App.
Intended Use
Fluency Lock is designed to help users improve language fluency through bite-sized articles, dialogues, lessons, and interactive exercises. However, the App is provided for educational and informational purposes only and the Licensor does not guarantee any specific results or fluency outcomes from the use of the App. Use of the App does not create any teacher-student or coaching relationship.
Intellectual Property Rights
The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensor owns all rights, title, and interest in and to the App, including all intellectual property rights. The User acknowledges that this license does not transfer any ownership rights to the User.
User-Generated Content
Currently, the App does not allow users to create or upload content. If this feature is added in the future, users will be required to comply with content guidelines prohibiting illegal, offensive, or infringing material. Users will grant Rob Levin a license to use any such content, and we reserve the right to remove inappropriate content and terminate accounts violating these terms. The User is responsible for the Content posted on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Accounts
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and up-to-date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You, solely, are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Termination
This Agreement is effective from the date the User first uses the App and shall continue until terminated. The Licensor may terminate this Agreement at any time if the User fails to comply with any term or condition of this Agreement. Upon
termination, the User must cease all use of the App and delete all copies of the App from their mobile device.
Disclaimer of Warranty
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
The foregoing limitations apply regardless of whether liability arises from breach of contract, warranty, tort (including negligence), or otherwise.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROB LEVIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR ITS CONTENT.
IN NO EVENT SHALL ROB LEVIN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO ACCESS THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Rob Levin and his officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Class Action Waiver
You agree that any claims relating to this Agreement or your use of the App must be brought individually and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Arbitration Agreement
All disputes arising from or related to this Agreement or the App shall be resolved by binding arbitration under the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. Except for enforcing this arbitration agreement or the arbitrator’s award, all disputes shall be resolved exclusively through binding arbitration. By agreeing to arbitration, you waive any right to a jury trial or to participate in a class action.
Use at Your Own Risk
You understand and agree that your use of the App is at your sole risk. Rob Levin makes no warranties regarding the App’s performance, availability, security, or error-free operation. You agree to use the App responsibly and not in any situation where distraction could cause harm, including but not limited to driving, cycling, operating machinery, or other hazardous activities. Rob Levin is not responsible for any harm or injury resulting from misuse of the App under unsafe conditions.
Service Termination and Billing
Fluency Lock may be modified, suspended, or permanently discontinued at any time without prior notice. In the event of service shutdown:
-
All active subscriptions will be canceled, and users will not be charged further.
-
Refunds for prior payments will not be issued unless required by applicable law or by the policies of the platform through which the subscription was purchased (e.g., Apple App Store or Google Play).
-
Users are responsible for managing their subscription status through the platform they used for purchase.
Subscription Dispute Disclaimer
The Licensor does not process payments directly and is not responsible for handling subscription billing issues. All billing and refund matters are governed by the policies of the platform used (e.g., Apple App Store or Google Play), and users must resolve disputes directly with those platforms.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Texas, United States, without regard to its conflict of law principles.
Changes to this Agreement
The Licensor reserves the right, at our sole discretion, to modify or replace these Terms at any time. The Licensor will provide notice of any material changes, by means including but not limited to email or in-app notification, and the User’s continued use of the App after such notice constitutes acceptance of the revised Agreement. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Subscriptions
Fluency Lock offers a subscription service. By choosing to use such a subscription, you agree to pay the fees as quoted to you when you purchase a subscription (“Subscription Fees”). We may change the Subscription Fees at any time, but changes will not affect any current subscriptions. All payments, renewals, cancellations, and refund requests must be managed through the App Store or Google Play platform used to purchase the subscription.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Emails
Upon signup or upgrade, Fluency Lock will send transactional emails to the email address associated with your account. You may also opt-in to receive additional emails, such as daily practice reminders. You can manage your email preferences at any time in the account settings.
Effective Date:
June 4, 2025
Contact Information
If you have any questions about this Agreement, please contact:
fluencylock@gmail.com