legal burden
Latest stance: liability limited
“15. ### LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY”Open citation
Before/after stance changes across captured policy versions, with exact citations. If no before/after delta is available yet, AIRIN shows the latest citation-backed stance events instead.
Latest stance: liability limited
“15. ### LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY”Open citation
Latest stance: indemnity
“You agree to defend, indemnify and hold harmless Duolingo and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.”Open citation
Latest stance: arbitration or waiver
“If you do not want to arbitrate disputes with Duolingo and you are an individual, you may opt out of this arbitration agreement by sending an email to [legal@duolingo.com](mailto:legal@duolingo.com) within 30 days of the day you first access or use the Service.”Open citation
Latest stance: arbitration or waiver
“If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.”Open citation
Latest stance: arbitration or waiver
“Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.”Open citation
Latest stance: arbitration or waiver
“**ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.**”Open citation
Latest stance: arbitration or waiver
“24. ### Dispute Resolution & Arbitration”Open citation
Latest stance: arbitration or waiver
“Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in Allegheny County, Pennsylvania. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in Allegheny County, Pennsylvania, and waive any objections to venue in those courts.”Open citation
Latest stance: sublicensable or transferable
“Subject to the terms of these Terms and Conditions, Duolingo grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Duolingo, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.”Open citation
Latest stance: user retains rights
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content.”Open citation
Latest stance: sublicensable or transferable
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content.”Open citation
Latest stance: third party or vendor sharing
“The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.”Open citation
Latest stance: broad license
“Subject to the terms of these Terms and Conditions, Duolingo grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Duolingo, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.”Open citation
Latest stance: broad license
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content.”Open citation
Latest stance: user retains rights
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content. You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Duolingo’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Duolingo or its users to any harm or liability of any kind; or (iii) violates Duolingo’s Community Guidelines .”Open citation
Latest stance: sublicensable or transferable
“Subject to the terms of these Terms and Conditions, Duolingo grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Duolingo, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.”Open citation
Latest stance: broad license
“Subject to the terms of these Terms and Conditions, Duolingo grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Duolingo, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.”Open citation
Latest stance: sublicensable or transferable
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content. You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Duolingo’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Duolingo or its users to any harm or liability of any kind; or (iii) violates Duolingo’s Community Guidelines .”Open citation
Latest stance: broad license
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content. You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Duolingo’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Duolingo or its users to any harm or liability of any kind; or (iii) violates Duolingo’s Community Guidelines .”Open citation
Latest stance: sublicensable or transferable
“In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way. Duolingo may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Duolingo may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. Duolingo shall have no liability to you or any third party in the event that Duolingo exercises any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.”Open citation
Latest stance: third party or vendor sharing
“As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Duolingo a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Duolingo, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Duolingo have any obligation to you or anyone else to maintain the confidentiality of the Content. You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Duolingo’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Duolingo or its users to any harm or liability of any kind; or (iii) violates Duolingo’s Community Guidelines .”Open citation
Latest stance: third party or vendor sharing
“In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way. Duolingo may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Duolingo may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. Duolingo shall have no liability to you or any third party in the event that Duolingo exercises any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.”Open citation
Latest stance: arbitration or waiver
“Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in Allegheny County, Pennsylvania. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in Allegheny County, Pennsylvania, and waive any objections to venue in those courts.”Open citation
Latest stance: liability limited
“In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Duolingo acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Duolingo acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Duolingo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Duolingo acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.”Open citation
Latest stance: indemnity
“You agree to defend, indemnify and hold harmless Duolingo and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.”Open citation
Latest stance: liability limited
“THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY DUOLINGO ARE PROVIDED TO YOU ON AN “AS IS” BASIS. DUOLINGO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUOLINGO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.”Open citation
Latest stance: rights or controls vary by tier
“Duolingo may offer the following types of Promotion Codes: Promotion Codes for Virtual Items (“Virtual Item Code”). All Virtual Items are subject to Section 10 of these Terms and Conditions. Promotion Codes for an extended free trial of a Duolingo subscription plan, such as Super Duolingo or Duolingo Max (“Extended Free Trial Code”). Existing Duolingo subscribers are not eligible to redeem Extended Free Trial Codes. Furthermore, you may redeem only one Extended Free Trial Code per calendar year. Promotion Codes for a prepaid subscription to a Duolingo subscription plan (“Prepaid Code”). Existing Duolingo subscribers are not eligible to redeem Prepaid Codes.”Open citation
Latest stance: rights or controls vary by tier
“To redeem an Extended Free Trial Code, you will be required to select a subscription plan for after your extended free trial and submit valid payment details that are accepted by Duolingo. If you redeem an Extended Free Trial Code, unless you cancel at least 24 hours before your extended free trial ends, you will automatically become a recurring subscriber to the subscription plan you selected after your extended free trial ends. The payment method you provided will then automatically be charged for the subscription price you selected. If you cancel during your extended free trial, you will lose access to the subscription service at the end of the free trial.”Open citation
Latest stance: rights or controls vary by tier
“In some cases, you may receive your Promotion Code from an authorized third party, such as your employer or another business (“Code Provider”). Your Code Provider may set additional limitations on your eligibility for the Promotion Code and may terminate your use of the Promotion Code. For example, if you obtained a prepaid subscription to Duolingo by redeeming a Promotion Code provided by your employer, your employer may terminate your prepaid subscription if your employment ceases. If your Code Provider terminates your use of the Promotion Code, you will retain control of your Duolingo account and data, and may subscribe to Duolingo on your own. If you redeem a Promotion Code from a Code Provider, you understand and agree that Duolingo may share data relating to your use of the Promotion Code with your Code Provider, including both anonymized, aggregate data, and individual usage data.”Open citation
Latest stance: rights or controls vary by tier
“All payments are nonrefundable and there are no refunds or credits for Virtual Items or partially used membership periods, unless otherwise required by the law in your jurisdiction. If you cancel your periodic subscription to a paid Duolingo service, you will continue to have access to the service through the end of your current billing period. Please note that if you made purchases on Duolingo through the Apple or Google app stores, payments and refunds are handled by Apple or Google, respectively, and Duolingo cannot issue refunds for those purchases.”Open citation
Latest stance: arbitration or waiver
“ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION. Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference. The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules , Procedures for the Resolution of Disputes Through Document Submission , Consumer Fee Schedule , and Supplementary Rules for Multiple Case Filings (“AAA Rules”), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules.”Open citation
Latest stance: arbitration or waiver
“Duolingo websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Duolingo, Inc. (“Duolingo,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Duolingo may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service. PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE .”Open citation
Latest stance: arbitration or waiver
“If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language. If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration. If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA’s Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against Duolingo must comply with the AAA’s Filing Requirements for Multiple Case Filings . There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA’s Supplementary Rules for Multiple Case Filings . If you do not want to arbitrate disputes with Duolingo and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@duolingo.com within 30 days of the day you first access or use the Service. Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.”Open citation
Latest stance: third party or vendor sharing
“Duolingo will process your personal information to provide and improve the Service. For example, we will use the information you provide to maintain your Profile and learning progress, display your Profile to other users (unless you make it private), personalize learning content, detect and fix bugs, perform research, and provide customer service to you. Duolingo may share personal information with third parties that help us provide or improve the Service, including hosting providers such as Amazon Web Services, search engine providers such as Google, analytics providers such as Crashlytics, support providers such as ZenDesk, and payment processors such as Stripe. Duolingo may also share your information with third-party vendors that support product features such as AI, speech recognition, and content moderation. If you redeem a promotion code to gain a Duolingo subscription, we may share data regarding your usage of Duolingo with the organization that provided the promotion code to you.”Open citation
Latest stance: third party or vendor sharing
“You can delete Kudos you submit or Kudos that other users submit to your Profile. Duolingo may scan or review any Public Profile Information, or share your Public Profile Information with a third-party content moderation service provider, to ensure compliance with our Community Guidelines . Duolingo may restrict or delete Public Profile Information if it violates our Community Guidelines or for any other reason.”Open citation
Latest stance: third party or vendor sharing
“DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Duolingo at: privacy@duolingo.com . In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Duolingo commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. Individuals have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. See Annex I of the DPF Principles for additional information: https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction . Duolingo has responsibility for the processing of personal information it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on its behalf. Duolingo shall remain liable under the DPF Principles if its agent processes such personal information in a manner inconsistent with the DPF Principles, unless Duolingo proves that it is not responsible for the event giving rise to the damage.”Open citation
Latest stance: third party or vendor sharing
“Duolingo may process and share your personal information for the purpose of providing you with personalized advertising. To provide personalized advertising, we may work with a variety of marketing analytics service providers, website analysis firms, and third-party advertising networks, such as Unity, Meta, LiftOff, Pangle, Moloco, and Google. These third-party advertising service providers collect and use personal information about your visits to and use of the Service, as well as other websites, in order to serve you with advertisements and content tailored to meet your preferences and likely interests, better understand ad effectiveness, and for market research purposes. You can opt out of receiving personalized advertising within the app Settings. In addition, your mobile devices may offer settings that let you make choices about the collection, use, and transfer of mobile app information for personalized ads (for example, Apple iOS’ Advertising ID and Google Android’s Advertising ID). Users in certain jurisdictions (including the European Union and United Kingdom) are opted out of personalized advertising by default, but may opt in. Please note that opting out of personalized advertising does not prevent the display of all advertisements to you. Certain Duolingo subscriptions may offer an ad-free experience.”Open citation
Latest stance: third party or vendor sharing
“Notwithstanding anything else in this section, when you use the Math Tutor feature, your audio may be shared only with Apple for purposes of speech recognition and conversion into a text transcript and is then immediately deleted. Duolingo may retain, use, and share with AI vendors the text transcript as described above.”Open citation
Latest stance: third party or vendor sharing
“To ensure your account stays operational, Duolingo will generally retain your personal information until your account is deleted. However, Duolingo may retain certain information longer if necessary to provide our Service, defend our legitimate interests or those of third parties, comply with legal requirements, resolve or defend ourselves in disputes, investigate misuse or disruption of the Service, or perform agreements. We may also retain anonymous data indefinitely.”Open citation
Latest stance: third party or vendor sharing
“You also have the following rights in relation to the personal information we hold about you, in addition to any other rights required by applicable law: Know what personal information we have collected about you. Access a copy of the personal information that we hold about you. Know what personal information about you we have shared with third parties. Opt out of the sharing of your personal information with third parties. Object to our processing of your personal information. Request that we limit our use of your sensitive personal information to what is necessary to perform the services you requested. Not be discriminated against for exercising your data subject rights. Request that we delete any personal information we have collected from you. Request that we correct any inaccurate personal information about you. Export the personal information you have provided to Duolingo in a format that can be transferred electronically to a third party. Withdraw any consent you previously gave us to process your personal information. Delete your Duolingo account by following the instructions in the Service. You may update or correct your information, and exercise certain opt-out rights, in your Settings page. You may request to access or erase your personal information and delete your account at the Duolingo Data Vault . To make another privacy-related request, please send an email to privacy@duolingo.com . Please note that these rights are not absolute and Duolingo may refuse requests to exercise data subject rights if there is a legitimate reason, such as if we cannot authenticate your identity, if the request could violate the rights of a third party or applicable law, or if the request could interfere with a Duolingo service or prevent us from delivering a”Open citation
Latest stance: third party or vendor sharing
“Duolingo uses Artificial Intelligence (“AI”) to help create lessons, matches, and other content within the app, based on users’ learning activity. For example, AI might be used to tailor a Spanish lesson to include more words that a user is struggling with, or play a chess match in real-time to adapt to a user’s moves. Duolingo may offer a Video Call feature where you can have an AI-powered spoken conversation with a Duolingo character to practice the language you are learning. Duolingo may also offer other AI-powered features that allow you to send text or audio messages to AI chat companions in a conversational format. When you interact with Video Call or other AI-enabled features, the text and audio you submit may be shared with AI vendors such as OpenAI and Google. Duolingo’s agreements with these AI vendors mean they are not permitted to use any personal information for their own purposes. Additionally, Duolingo may generate, record, and store audio recordings or transcripts of the text and audio you submit, and use these recordings or transcripts for product improvement and personalization purposes, including training and running Duolingo’s own artificial intelligence models. Please do not submit any personal, sensitive, or confidential information when using Video Call or other AI features. Duolingo may also offer a video Math Tutor feature where you can have an AI-powered spoken conversation with a Duolingo character to work on a math problem.”Open citation
Generated from live stance events. Informational only, not legal advice.
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