EN-GB END USER LICENCE AGREEMENT, LINGO
Version Date: July 2024
1. Introduction.
2. The Lingo Products and Services.
3. Not a Medical Device.
4. Use of Third-Party Products.
5. Ownership Rights.
6. Licence.
7. What Rules Apply to My Use of the Lingo Products and Services?
8. What Will Happen if There are Updates to the Lingo Products and Services?
9. How Does the Lingo App Work?
10. What Registration Procedures Are Associated with Use of the Lingo Products
and Services?
11. Lingo Products and Services Availability.
12. Licence and Use of Your Data.
13. How Can I Delete My Lingo Account?
14. Termination.
15. Changes to This Agreement.
16. User Support and Complaints.
17. What Will Happen to Feedback I Provide in Order to Receive Support?
18. Our Disclaimer of Warranties.
19. Limitation of Liability.
20. What Are My Indemnity Obligations?
21. Miscellaneous Terms.
22. Terms Relating to Apple if You Use the iOS Version of the Lingo App.
23. Open Source Components.
24. What Does It Mean to Click the “Accept” Button?
1. Introduction .
For all users:
Please read this end user licence agreement (the “Agreement”) carefully as it
governs Your access and use of products, content and services offered by Lingo
Sensing Technology Unlimited Company with a registered office address at 70 Sir
John Rogersons Quay, Dublin 2, D02 R296, Ireland (referred to as “Lingo”, “us”,
“our” or “we” in this Agreement), including the Lingo branded mobile application
(the “Lingo App”), Lingo cloud account (the “Lingo Account”) and any updates,
upgrades and features and all Lingo-related online and mobile services and
offerings (collectively, “Lingo Products and Services”).
BY USING THE LINGO PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY
THIS AGREEMENT. BY CLICKING “ACCEPT”, YOU EXPLICITLY CONSENT AND
AGREE THAT THIS AGREEMENT WILL APPLY TO YOUR USE OF THE LINGO
PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
CLICK ACCEPT TO THIS AGREEMENT AND DO NOT DOWNLOAD OR USE THE
LINGO APP.
WHEN YOU USE THE LINGO PRODUCTS AND SERVICES, YOUR PERSONAL
INFORMATION WILL BE PROCESSED ACCORDING TO THE LINGO PRIVACY
NOTICE (“PRIVACY NOTICE”) AVAILABLE AT WWW.HELLOLINGO.COM (THE
“LINGO SITE”) (IF AVAILABLE IN YOUR COUNTRY OF RESIDENCE) OR AS
OTHERWISE MAY BE PROVIDED TO YOU. THE LINGO PRIVACY POLICY EXPLAINS
HOW WE COLLECT, PROTECT, RETAIN, STORE, DISCLOSE AND, IN CERTAIN
INSTANCES, TRANSFER YOUR PERSONAL INFORMATION, INCLUDING HEALTH
RELATED INFORMATION, THAT YOU PROVIDE THROUGH YOUR USE OF THE
LINGO PRODUCTS AND SERVICES.
BY ACCEPTING THIS AGREEMENT AND USING THE LINGO PRODUCTS AND SERVICES,
YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
To create a Lingo Account, You must have a valid email address, provide accurate
information and be 18 years of age or over.
References to “You”, “Your” or the “User” in this Agreement are references to the individual
using the Lingo Products and Services.
This document is a legally binding agreement between You and Lingo. This
Agreement covers:Your installation and use of the Lingo App (including any updates, upgrades,
bug fixes or modified versions thereto) on Your authorised mobile device;Your use of the Lingo Products and Services regardless of the device used by
You, whether You use the Lingo App or Lingo Site; andAny manuals, instructions, descriptions, specifications or other materials, in
hard copy or electronic form, provided by Lingo (the “Documentation”)
describing or relating to the use of the Lingo Products and Services.
Please note that the headings in this Agreement are for Your convenience only and do not
limit, define or fully explain each section.
This information is provided as a supplement to the detailed User Manual (if available in Your
country of residence), available in the Lingo App or as otherwise provided to You, and not as a
replacement.
NOTWITHSTANDING ANYTHING PROVIDED HEREIN, ANY USER USING LINGO
PRODUCTS AND SERVICES IN CONNECTION WITH A CLINICAL TRIAL SHOULD
FOLLOW THE GUIDANCE PROVIDED UNDER SUCH CLINICAL TRIAL AS IT
RELATES TO WHOM TO CONTACT.
2. The Lingo Products and Services.
You can use the Lingo App to collect data by using Your mobile device to pair with Your paired
Lingo biosensor (the “Biosensor”). The Lingo App will display Your biomarker data, which
may be uploaded to and stored in Your Lingo Account. Data You upload to Your Lingo
Account will be stored in a secure, cloud-based data management system. Your Lingo
Account allows You to review, analyse, and evaluate Your past biomarker data and other
information You enter into Your Lingo Account. Use of the Lingo Products and Services may
require compatible devices, internet access, data usage (charges may apply), certain
software (fees may apply) and periodic updates and the performance of the Lingo Products
and Services may be affected by these requirements.
The Lingo App may not be compatible with all mobile devices. Please see
www.hellolingo.com (if available in Your country of residence) or any other method that
may otherwise be made available to You to check minimum system requirements for Your
operating system and mobile device before download.
3. Not a Medical Device.
THE LINGO PRODUCTS AND SERVICES ARE NOT A MEDICAL DEVICE AND ARE
NOT INTENDED FOR USE IN THE SCREENING, DIAGNOSIS, TREATMENT, CURE,
MITIGATION, PREVENTION OR MONITORING OF DISEASE OR HEALTH
CONDITIONS. USERS SHOULD BE AWARE THAT LINGO IS AN INFORMATIONAL
TOOL TO ENABLE USERS TO REVIEW AND ANALYSE BIOMARKER DATA ONLY.
YOU SHOULD ALWAYS CONSULT A QUALIFIED HEALTH CARE PROFESSIONAL
WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION,
INCLUDING ANY QUERIES OR CONCERNS ABOUT YOUR HEALTH. IT IS BEST TO
SPEAK TO A QUALIFIED HEALTH CARE PROFESSIONAL BEFORE STARTING ANY
DIET OR EXERCISE REGIME. YOU SHOULD NEVER DISREGARD PROFESSIONAL
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION FROM
LINGO PRODUCTS OR SERVICES OR INFORMATION TRANSMITTED TO OR
CONTAINED IN YOUR LINGO ACCOUNT. ALTHOUGH YOU MAY OBTAIN
BIOMARKER DATA FROM YOUR LINGO ACCOUNT, THE LINGO PRODUCTS AND
SERVICES ARE NOT A MEDICAL DEVICE AND LINGO IS NOT A PROVIDER OF
MEDICAL CARE. YOUR DECISION TO TAKE ACTION BASED ON ANY
INFORMATION TRANSMITTED TO OR STORED IN YOUR LINGO ACCOUNT OR ANY
INFORMATION RECEIVED FROM LINGO EMPLOYEES, AGENTS, OR SUPPLIERS IS
SOLELY AT YOUR OWN RISK.
4. Use of Third-Party Products .
a. You acknowledge that you will be using the Lingo Products and Services in
connection with products and services provided by third parties that are not
provided by Lingo and for which Lingo has no responsibility, including your mobile
device. You are responsible for obtaining, maintaining and paying for all hardware
and all telecommunications and other supplies or services not provided by Lingo
that are needed to receive, access or use the Lingo Products and Services.
b. Lingo will not have any liability with respect to any such third-party products. Any
third-party products or services are subject to that third-party’s terms and
conditions and may subject You to additional or different restrictions. Your use of
any third-party products will be governed entirely by the terms and conditions of
such agreement.
c. Optional Authorised Products or Services: You may be able to link Your Lingo
Account with other authorised third-party apps, products, or services. Lingo is
responsible for the data it sends to the third-party up to the point that it leaves
Your Lingo Account. Lingo is not responsible for any data received from these
third-party apps, products, or services, including the accuracy of such data, and its
use in the Lingo Products and Services except as set forth in this Agreement. Lingo
is not responsible for Your decision to link the Lingo Products and Services with
these other authorised third-party services or products, for any sharing of data
with such third parties, or for providing such functionality. Lingo does not control
any optional authorised third-party products or services and is not responsible for
their content or for their collection, use or disclosure of personal information or
for the provisions of those products or services, which may subject You to
additional terms and condition or different restrictions. Your use of any third-
party products will be governed entirely by the terms and conditions of such
agreement.
d. Unauthorised Systems and Products: Please be aware that third parties may offer
unauthorised services, software and mobile apps that may claim to be compatible
with Your Biosensor and/or the Lingo Products and Services but are not authorised
by Lingo for such use. Lingo does not recommend using the biosensor or the Lingo
Products and Services with unauthorised third-party products. If you choose to do
so, this use would be at your own risk. Unauthorised third-party products are
outside the control of Lingo; Lingo has no responsibility for these products and
makes no claims as to the validity, accuracy, reliability, or status of any of these
products and will not be responsible for any claims relating to and will have no
liability with respect to any unauthorised third-party service, software, app, or
other product.
e. The Lingo App can only calculate and display information that it receives from the
Biosensor with which it communicates. Biomarker data from other devices are not
received by the Lingo App or uploaded to Your Lingo Account.
5. Ownership Rights.
You acknowledge and agree that Lingo, its affiliates, its suppliers or its licensors own or
licence all legal right, title and interest in and to all aspects of the Lingo Products and
Services, the Documentation and any improved, updated, upgraded, modified, customised or
additional parts thereof, including but not limited to graphics, user interface, the scripts and
software used to implement the Lingo Products and Services and any software or documents
provided to You as a part of and/or in connection with the Lingo Products and Services,
including all Intellectual Property Rights that exist therein, whether registered or not and
wherever in the world they may exist. For the purposes of this Agreement, “Intellectual
Property Rights” means any copyright, patent, trade secret, trade dress, trademark, rights
in get-up, goodwill, rights in designs, technology, artwork, rights in computer software
(including source code), database and similar or equivalent rights or forms of protection
which subsist or will subsist, now or in the future, in any media now known or hereinafter
invented, in any part of the world. You agree to refrain from any action that would diminish
such rights or would call them into question.
You further agree that the Lingo Products and Services contain proprietary and confidential
information (including software code) that is protected by applicable Intellectual Property
Rights and other laws, including but not limited to copyright. You agree that You will not use
such proprietary information or materials in any way whatsoever except as expressly
permitted under this Agreement. No portion of the Lingo Products and Services may be
reproduced in any form or by any means, except as expressly permitted in this Agreement or
where permitted by applicable law, and You will not remove any product identification,
copyright notices or proprietary restrictions. Failure to comply with the restrictions,
including any unauthorised copying of any part of the Lingo Products and Services, in this
Agreement (or other breach of the Licence herein) will result in automatic termination of this
Agreement and You agree that it will constitute immediate, irreparable harm to Lingo, its
affiliates and/or its licensors for which monetary damages would be an inadequate remedy
and that injunctive relief will be an appropriate remedy for such breach.
For Users in Germany: Your right to prove that no damage has occurred remains
unaffected by the foregoing. Some of the foregoing provisions may be ineffective in certain
countries/states/provinces/jurisdictions, so the above acknowledgements and terms may not
apply to You in their entirety.
The structure, organisation and software and related updates, upgrades and features of the
Lingo Products and Services are the valuable trade secrets and confidential information of
Lingo, its affiliates and/or its licensors. You will not remove any product identification,
copyright notices or proprietary restrictions from the Lingo Products and Services.
Lingo and related brand marks are trademarks of Lingo Sensing Technology Unlimited
Company or Abbott Diabetes Care Inc. in various jurisdictions (the “Lingo Trademarks”).
Any and all goodwill derived through the use of the Lingo Trademarks pursuant to the terms
of this Agreement will inure solely to the benefit of Lingo Sensing Technology Unlimited
Company and Abbott Diabetes Care Inc. Other trademarks included or accessed during the
use of the Lingo Products and Services are the trademarks of their respective owners and all
goodwill associated with such trademarks will inure to such respective trademark owners.
No licence or right, express or implied, is granted to You in any of the aforesaid trademarks
and You further agree that You will not remove, obscure or alter any proprietary notices
(including trademark and copyright notices) that may be affixed to or contained within the
Lingo Products and Services. No use of any Lingo trademark, trade name or trade dress may
be made without the prior written authorisation of Lingo, except to identify the product or
services of the company. Lingo, its affiliates, its suppliers and its licensors reserve all rights
not expressly granted to You in this Agreement.
Portions of the Lingo Products and Services may include material provided by third parties in
which Intellectual Property Rights subsist. The licensors of such third-party materials retain
all of their respective right, title and interest in and to such third-party materials and all
copies thereof, including, but not limited to, any and all Intellectual Property Rights. The use
of this third-party material and the associated rights are hereby acknowledged by You, except
and then solely to the extent that the foregoing acknowledgment is ineffective in certain
countries/states/ provinces/jurisdictions.
Notwithstanding anything to the contrary, Lingo does not transfer to User any ownership or
Intellectual Property Rights in the Lingo Products and Services, the Documentation or any
other technology, information or materials and as between the parties, Lingo, its affiliates
and its licensors retain exclusive ownership of all right, title and interest in and to all aspects
of the Lingo Products and Services, the Documentation and all other technology, information
and materials, as well as any and all copies or modifications thereof (by whomever made and
whenever made), including, but not limited to, all Intellectual Property Rights with respect to
any and all of the foregoing.
6. Licence.
The Lingo Products and Services are licenced, not sold, to You by Lingo. Subject to Your
compliance with this Agreement and solely for so long as You are permitted by Lingo to use
the Lingo Products and Services, we hereby grant You, a personal, limited, non-exclusive,
revocable, non-transferable, non-assignable, non-sublicensable licence to use the Lingo
Products and Services on a mobile device that You own or control and access and use the
Lingo Products and Services solely for Your non-commercial use (referred to as the
“Licence”). Your use of the Lingo Products and Services is also subject to any rules or
policies applied by any app store provider such as, but not limited to the Google Play Store
and Apple App Store. If You fail to comply with this licence or any of the terms or conditions
of this Agreement, You must immediately cease using the Lingo Products and Services and
remove (that is, uninstall and delete) the Lingo App from Your mobile device.
The Licence granted herein confers no title, ownership rights or interest in the Intellectual
Property Rights. You acknowledge that You do not acquire any title, ownership or
proprietary rights or interest in the Lingo Products and Services, the Documentation, any
Intellectual Property Rights or any other technology, information or materials. Any goodwill
derived through the use of the Intellectual Property Rights pursuant to the terms of this
Agreement will inure solely to the benefit of Lingo, its affiliates and/or its licensors.
Rights not expressly granted herein are reserved by Lingo, its affiliates, its suppliers, and/or
its licensors, except solely to the extent that the foregoing is ineffective in certain
countries/states/provinces/jurisdictions.
For Users in Germany: The foregoing will not apply to users in Germany to the extent
prohibited by applicable copyright law in Germany.
7. What Rules Apply to My Use of the Lingo Products and Services?
a. You agree to use the Lingo Products and Services only for purposes permitted by
this Agreement and only to the extent permitted by any applicable law, regulation
or generally accepted practice in the applicable jurisdiction.
b. You are responsible for Your Lingo Account. You may not upload, download,
email, transmit, store or otherwise make available any information or content that
infringes a third-party’s intellectual property rights or that violates the law, this
Agreement or a third-party’s privacy or data protection rights.
c. When You access or use the Lingo Products and Services, You agree that You will
not:
(i) use the Lingo App on any mobile device You do not own, control or have
otherwise been granted legitimate access to;
(ii) gather, store or upload personal information, including health information,
on any other user of the Lingo Products and Services or any third-party
using a Biosensor without that user’s or third-party’s consent;
(iii) copy, reproduce, republish, upload, post or otherwise make available the
Lingo Products and Services or Documentation or any portion thereof, in
any form, on the Internet or in any other way to any other person;
(iv) sell, rent, lease, lend, assign, licence, sub-licence, distribute or otherwise
transfer rights to the Lingo Products and Services or Documentation except
as expressly provided in this Agreement. The Lingo App may not be
transferred to another end user and should be uninstalled if You transfer the
mobile device(s) on which it is installed. The data You store in or transmit
using the Lingo Products and Services are specific to You. If another end
user desires to fully utilise the Lingo Products and Services, he or she should
download the Lingo App directly to his or her device and create a new Lingo
Account;
(v) use the Lingo Products and Services for any commercial purpose, including
for commercial timesharing or otherwise in providing services to third
parties;
(vi) receive, distribute, use or examine any source code or design
documentation relating to the Lingo Products and Services, except and then
solely to the extent required to be permitted by applicable law.
(vii) post, transmit or otherwise make available through or in connection with the
Lingo Products and Services any virus, worm, Trojan horse, Easter egg, time
bomb, spyware or other computer code, file or program that is or is
potentially harmful or invasive or intended to damage or hijack the
operation of or to monitor the use of, any hardware, software or equipment
(each, a “Virus”);
(viii) interfere with or disrupt the operation of the Lingo Products and Services
(including accessing the Lingo Products and Services through any
automated means, like scripts or web crawlers) or the servers or networks
used to make the Lingo Products and Services available (including any
unauthorised access to, use or monitoring of data or traffic thereon),
including by hacking or defacing any portion of the Lingo Products and
Services or violate any requirement, procedure or policy of such servers or
networks;
(ix) pretend to be anyone You are not or misrepresent who You are, Your age, or
otherwise misrepresent Your affiliation with any person or use the Lingo
App to pair to a Biosensor that has been started by someone else or collect
data from a Biosensor that another is wearing for the purpose of
transmitting their data to Your Lingo Account. Lingo reserves the right to
reject or block any Lingo Account or email address which could be deemed
to be an impersonation or misrepresentation of Your identity or a
misappropriation of another person’s name or identity or has been used to
hijack another user’s data;
(x) reproduce, copy, duplicate, modify, adapt, translate, create derivative
works of, sell, resell, rent, lease, loan, timeshare, distribute, trade or
otherwise exploit any portion of (or any use of) the Lingo Products and
Services for any purpose except as expressly authorised herein, without
Lingo’s express prior written consent;
(xi) reverse engineer, decompile or disassemble, decode, translate, modify,
create derivative works of, gain access to the source code, reduce non-
human readable elements to human-readable form, modify or adapt (or
permit or facilitate third parties in any of the foregoing activities) the Lingo
Products and Services, any updates to same or any part thereof, except and
then solely to the extent required to be permitted under applicable law;
(xii) remove any copyright, trademark or other proprietary rights notice from the
Lingo Products and Services;
(xiii) frame or mirror any portion of the Lingo Products and Services or otherwise
incorporate any portion of the Lingo Products and Services into any product
or service, without Lingo’s express prior written consent; or
(xiv) attempt in any way to remove or circumvent any technical protection
measures protecting the integrity of the Lingo Products and Services and
the Intellectual Property Rights of the Lingo Products and Services from
misappropriation, nor apply or manufacture for sale or hire, import,
distribute, sell or let for hire, offer or expose for sale or hire, advertise for
sale, hire or have in Your possession for private or commercial purposes any
means the sole intended purpose of which is to facilitate the unauthorised
removal or circumvention of such technical protection measures.
If Your use of the Lingo Products and Services or other behaviour intentionally or
unintentionally threatens Lingo’s ability to provide the Lingo Products and Services, Lingo
will be entitled to take all reasonable steps to protect the Lingo Products and Services, which
may include suspension or termination of Your use or access to the Lingo Products and
Services.
8. What Will Happen if There are Updates to the Lingo Products and Services?
From time to time, updates to the Lingo App may be available through the app store provider.
Depending on the update, You may not be able to use the Lingo Products and Services until
You have downloaded the latest version of the Lingo App and accepted any new terms that
may apply. To use a version of the Lingo App identified as an upgrade by Lingo, You must first
be licenced to use the original version of the Lingo App which has been identified by Lingo as
eligible for the upgrade. After upgrading, You may no longer use the version of the Lingo App
that formed the basis for Your upgrade eligibility and the upgraded software will be deemed
the Lingo App licenced hereunder; except the foregoing will not apply to users in
Germany to the extent prohibited by applicable copyright laws in Germany. This
Agreement applies to any and all updates or supplements to each version of the Lingo App,
unless Lingo provides other terms along with the update or supplement. In case of a conflict
between this Agreement and other terms provided with respect to updates or supplements,
such other terms will prevail. This Section 8 will not require Lingo to deliver new features
and functionality which are priced separately by Lingo nor any future products.
9. How Does the Lingo App Work?
The Lingo App includes functionality which allows users to link the Lingo App to their
Biosensor. Please note if you have downloaded an unauthorised third-party app that may
claim to be compatible with your biosensor, the Lingo App may not operate as intended. Use
of such third-party apps is at your own risk.
10. What Registration Procedures Are Associated with Use of the Lingo Products
and Services?
You must create a Lingo Account. Please refer to the Privacy Notice for further information
about how we collect, protect, retain, store, disclose and in certain instances, transfer Your
personal information.
If You sign out of Your Lingo Account, the functionality of the Lingo App will be limited. If You
sign out of Your Lingo Account, Your biomarker data and other information will not be backed
up and stored as part of the Lingo Products and Services and You may not be able to review
historic data. If You sign out of Your Lingo Account, You can sign back into Your Lingo
Account with the same account information any time to resume full functionality, to store and
back up data.
11. Lingo Products and Services Availability.
The Lingo Products and Services or any feature or part thereof, may not be available in all
languages or in all countries and Lingo makes no representation that the Lingo Products and
Services or any feature or part thereof, is appropriate or available for use in any particular
location.
12. Licence and Use of Your Data.
Lingo does not claim ownership of the data You upload via Your use of the Lingo Products and
Services. By disclosing Your information to Lingo, You grant it a worldwide, royalty-free,
non-exclusive licence to use, distribute, reproduce, modify, adapt, publish and translate such
data for the purpose of providing the Lingo Products and Services.
When You use the Lingo Products and Services, Lingo may collect and store data from Your
computer or device, including information about Your computer or device, local time on Your
device, hardware, installed software and operating system (such as IP Address and device
ID), information about Your Lingo Products and Service usage, usage statistics, system
interactions and peripheral hardware. Lingo uses this information to operate its business,
improve its products and services, provide services to and communicate with You (including
for marketing purposes), provide software updates, content and software support, enforce
this Agreement and trouble-shoot bugs or otherwise enhance the Lingo Products and
Services. Your personal information is collected, used, stored and transmitted by Lingo in
accordance with Lingo’s Privacy Notice at www.hellolingo.com (if available in Your country
of residence) or as otherwise may be provided to You.
You can manage certain data collection preferences using the “Account settings” function in
the Lingo App or via the Lingo Site (if available in Your country of residence).
13. How Can I Delete My Lingo Account?
You may delete Your Lingo Account at any time by contacting customer service using the
contact information as provided to You. Please be aware that if You delete Your Lingo
Account, all data in Your Lingo Account will be deleted, but Lingo will retain certain
information as set out in the Privacy Notice. Lingo has no responsibility for retaining/storing
or backing up Your Lingo Account. You are solely responsible for
retaining/maintaining/storing and backing up (electronically and/or with hard copies) any
data that You wish to preserve. Lingo is not responsible for unauthorised access to, use of or
alteration of Your information. If You email, back up, take a screenshot of Your Lingo
Account information or otherwise share any of Your personal information or reports with
third parties, that information may not be encrypted and Lingo will have no ability to manage
the privacy or security of that information. You should take the steps that You determine are
appropriate to protect the security of such information. Unless otherwise required by law,
You agree that Your Lingo Account is non-transferable.
14. Termination.
This Agreement is effective upon Your acceptance of this Agreement and will continue unless
it is terminated. You may delete the Lingo App from Your mobile device at any time and may
ask Lingo to delete Your Lingo Account as described in Section 13 at any time.
This Agreement will terminate immediately and without additional notice if You breach
and/or fail to comply with, any term or condition of this Agreement. Lingo may also terminate
or suspend this Agreement at any time and without prior notice, for any or no reason,
including if Lingo believes that You have violated or acted inconsistently with the letter or
spirit of this Agreement. Lingo may terminate its provision of support for the Lingo Products
and Services if You elect to discontinue using them or at any time if the Lingo Products and
Services are no longer offered.
Upon any such termination or suspension of this Agreement:
a. You must immediately cease all activities authorised by Agreement. You will no
longer be able to use the Lingo Products and Services. (The foregoing sentence
will not apply to users in Germany to the extent prohibited by applicable
German copyright law).
b. Lingo may, without liability to You or any third-party, immediately suspend,
deactivate or terminate Your Lingo Account, registration information and all
associated materials, without any obligation to provide any further access to such
materials.
c. You must discontinue use and uninstall and destroy all copies of the Lingo
Products and Services and Documentation; and
d. All rights granted to You under this Agreement, including any licences, will cease.
15. Changes to this Agreement.
We may change this Agreement from time to time by notifying You of such changes by any
reasonable means, including by displaying a revised Agreement on-screen when You next use
the Lingo Products and Services and requiring You to read, explicitly consent and agree to
them to continue Your use of the Lingo Products and Services. If accepted, such terms would
be effective immediately, but would not apply to any dispute between You and Lingo arising
prior to the date on which we posted the revised Agreement incorporating such changes or
otherwise notified You of such changes. If You refuse to accept such changes, we will have
the right to terminate this Agreement and Your use of the Lingo Products and Services. You
agree that Lingo will not be liable to You or any third-party for any modification or cessation
of the Lingo Products and Services.
For Users in Germany: You will be notified of any changes in this Agreement when You sign
into Your Lingo Account or start the Lingo App. Changes will be considered to have been
accepted by You unless You inform Lingo in writing or by using electronic means agreed upon
by Lingo. We will draw Your attention to this fact when changes are announced. If You
should decide to object to any change, You must do so within six (6) weeks after receipt of
announcement of the change.
For Users in the EEA, UK & Switzerland: You will be notified of any changes to this
Agreement when You sign into Your Lingo Account or start the Lingo App. Changes will be
considered to have been accepted by You unless You inform Lingo in writing or by using
electronic means agreed upon by Lingo. Lingo will draw Your attention to this fact when
changes are announced. If You should decide to object to any change, You must do so within
six (6) weeks after receipt of announcement of the change. In the event of an objection, Lingo
may terminate Your Lingo Account upon four (4) weeks’ notice. Otherwise, Section 15 does
not apply to users located in the EEA, UK & Switzerland.
16. User Support and Complaints.
Free technical support is available for the Lingo Products and Services. For more information
about how to contact our support services, please go to www.hellolingo.com (if available in
Your country of residence) or the Lingo App. Inquiries will be directed to the appropriate
support teams. Please note that if a support issue arises while You are connected to a
Biosensor, do not uninstall the Lingo App and do not clear data from the Lingo App before
contacting technical support. Uninstalling the Lingo App and/or clearing data will cause You
to lose all past data.
Lingo will provide reasonable telephone or email support for use of the Lingo App and use
reasonable efforts to maintain availability of the Lingo App. You understand and agree that
from time to time the Lingo Products and Services may be unavailable due to maintenance
or technical issues.
In addition to the above, Lingo may from time to time provide You through the contact
details provided by You (e.g., via email to the email address provided by You or via phone
to the phone number provided by You) with general information and updates about how to
best use the Lingo Products and Services and their features to provide You with
troubleshooting and support.
17. What Will Happen to Feedback I Provide in Order to Receive Support?
Any data, comments, or materials that You supply via the Lingo Products and Services or
provide in order to receive support for the Lingo Products and Services, including feedback
data, such as questions, comments, suggestions, or the like (“Feedback”), will be deemed to
be non-confidential and non-proprietary. You hereby assign all right, title, and interest in the
Feedback. Lingo will have no obligation of any kind with respect to such Feedback and will
be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and
distribute the Feedback to others without limitation, except for health information and
personal information which might be included in the Feedback but is subject to Section 12
(“Licence and Use of Your Data”) of this Agreement. Furthermore, Lingo will be free to
use any idea, concepts, know-how or techniques contained in such Feedback for any purpose
whatsoever, including developing, manufacturing and marketing products incorporating
such Feedback.
18. Our Disclaimer of Warranties .
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LINGO
PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
a. The Lingo App is not intended for use on a mobile device that has been altered or
customised to remove, replace or circumvent the manufacturer’s approved kernel,
system configuration or use restrictions or which violates the manufacturer’s
warranty. Use of the Lingo App may adversely affect the operation of other
software and devices. Any content created for, or included in, the Lingo App is for
the purpose of providing information to enable the analysis of biomarker data.
b. Lingo solely provides the Lingo App which You may use to transmit biomarker data
from the Biosensor to Your device, which may also be backed up as part of the
Lingo Products and Services. The Lingo Products and Services are not intended to
diagnose, treat or manage any disease, including diabetes. The content provided
is not meant to serve as a substitute for medical advice, diagnosis or treatment or
for the individualised advice or care of a healthcare provider. Some of the
foregoing disclaimers may be ineffective in certain countries/states/provinces/
jurisdictions, so may not apply to You in their entirety.
c. THE LINGO APP IS NOT INTENDED TO BE USED IN OR FOR THE PRACTICE OF
MEDICINE OR THE PROVISION OF MEDICAL CARE OR SERVICES, NOR IS IT
INTENDED TO PROVIDE INDIVIDUALISED MEDICAL SERVICES OR CARE.
THE LINGO PRODUCTS AND SERVICES ARE NOT TO BE USED AS A
SUBSTITUTE FOR PROFESSIONAL HEALTHCARE JUDGMENT, DIRECT
MEDICAL SUPERVISION OR EMERGENCY INTERVENTION; OR FOR
EMERGENCY USE OR FOR TRANSMISSION OR INDICATION OF TIME
CRITICAL DATA. NEITHER LINGO, NOR ANY OF ITS AFFILIATED COMPANIES,
IS RESPONSIBLE OR LIABLE FOR ANY DECISION, ASSESSMENT OR
DIAGNOSIS MADE BY A USER OR ANY INJURIES A USER MAY INCUR AS A
RESULT OF ANY DECISIONS MADE BASED ON THE CONTENT OF THE LINGO
PRODUCTS AND SERVICES AND DOCUMENTATION. Lingo does not provide
medical advice.
d. Any content included in the Lingo Products and Services is for the purpose of
providing information only. Lingo makes no representation or warranties, express
or implied, regarding the accuracy, completeness, reliability or timeliness of the
information of any data provided by You or third parties or of any content
generated by the data displayed or accessible through use of the Lingo Products
and Services. Some of the foregoing disclaimers may be ineffective in certain
countries/states/provinces/jurisdictions, so may not apply to You in their entirety.
In no event will Lingo be liable to You for any losses from mistakes, omissions or
delays in transmission of information or from interruptions in telecommunications
connections to the Lingo Products and Services.
e. For Users in the EEA, Switzerland and UK: The Lingo Products and Services
will be provided with reasonable care and skill and no other promises or
warranties about the Lingo Products and Services are made.
For all other Users: THE LINGO PRODUCTS AND SERVICES ARE LICENCED
AND PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND
DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND LINGO,
ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND
NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE AND QUALITY AND OF LACK OF VIRUSES. LINGO
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE LINGO PRODUCTS AND SERVICES, THAT THE LINGO PRODUCTS AND
SERVICES WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE
LINGO PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR FREE FROM
ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR
VIRUSES, OR THAT LINGO PRODUCTS AND SERVICES WILL INTEROPERATE
OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LINGO OR A LINGO AUTHORISED
REPRESENTATIVE SHALL CREATE A WARRANTY. SOME
COUNTRIES/STATES/PROVINCES/ JURISDICTIONS DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION
OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO
YOU IN THEIR ENTIRETY. TO THE EXTENT APPLICABLE LAW REQUIRES
LINGO TO PROVIDE WARRANTIES, YOU AGREE THAT THE SCOPE AND
DURATION OF SUCH WARRANTY SHALL BE TO THE MINIMUM EXTENT
REQUIRED TO BE PROVIDED UNDER SUCH APPLICABLE LAW.
f. IN NO EVENT DOES LINGO PROVIDE ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO ANY THIRD-PARTY HARDWARE OR SOFTWARE OR THE
ACCURACY OF DATA DISPLAYED IN THE LINGO PRODUCTS AND SERVICES,
AND LINGO DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES
THEREOF. LINGO DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE
FROM ACTIONS OR CLAIMS AGAINST LINGO OR ANY OF ITS AFFILIATES,
AGENTS OR ASSIGNS OR OTHER THIRD PARTIES AS MAY BECOME
APPLICABLE OVER THE COURSE OF THIS AGREEMENT. SOME
COUNTRIES/STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW
DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT
APPLY TO YOU IN THEIR ENTIRETY.
g. For Users in Germany and Switzerland: Other than this Section 18.g. and the
first sentence of Section 18.e., Section 18 does not apply to users in Germany and
Switzerland. Instead, for users in Germany and Switzerland the Lingo Products
and Services are provided “as is” and “as available”. While seeking to avoid
extensive downtimes and significant impediments to the usability of the Lingo
Products and Services to the extent possible, Lingo does not warrant or guarantee
error-free and uninterrupted accessibility and usability of the Lingo Products and
Services or of any of the functions contained therein. Your statutory warranty
rights remain unaffected by the foregoing.
h. For Users in the UK: Nothing in Section 18 will affect the statutory warranties in
respect of satisfactory quality, fitness for purpose or accuracy of description.
i. For Users in Australia: Nothing in Section 18 affects Your rights in respect of the
consumer guarantees in the Competition and Consumer Act 2010 (Cth). Our goods
and services come with guarantees that cannot be excluded under the Australian
Consumer Law. For major failures with the service, You are entitled:
(i) to cancel Your service contract with us; and
(ii) to a refund for the unused portion or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with
goods. If a failure with the goods or a service does not amount to a major failure,
You are entitled to have the failure rectified in a reasonable time. If this is not done
You are entitled to a refund for the goods and to cancel the contract for the service
and obtain a refund of any unused portion. You are also entitled to be compensated
for any other reasonably foreseeable loss or damage from a failure in the goods or
service.
19. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
a. IN NO EVENT WILL LINGO, ITS AFFILIATES, OR ITS THIRD-PARTY PROVIDERS
BE LIABLE FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES WHATSOEVER, EXCEPT:
(i) For Users in Germany: Lingo will be liable for any culpable breach of
material contractual obligations (cardinal obligations). Cardinal obligations
are contractual obligations that must be fulfilled to permit proper execution of
this Agreement and may regularly be relied upon by You. Lingo’s liability will
otherwise be limited to gross negligence and wilful misconduct. In the event of
any liability on the part of Lingo due a slightly negligent breach of cardinal
obligations or slight misconduct on the part of simple vicarious agents, Lingo’s
liability will be limited to typically foreseeable damages. This will not affect
any mandatory statutory liability, in particular Lingo’s liability in connection
with the loss of life, bodily injury or illness or its liability in connection with the
German Product Liability Act. Except for this Section 19.a.(i), Section 19.a.
does not apply to users located in Germany.
(ii) For Users in the UK or Switzerland: Nothing in this Agreement will exclude
our liability for death or personal injury arising out of our negligence, fraud or
fraudulent misrepresentation in connection with the Lingo App or the Lingo
Products and Services.
(iii)For Users in Australia: Nothing in Section 19 affects Your rights in respect of
the consumer guarantees in the Competition and Consumer Act 2010 (Cth).
Regardless of any other provision of these terms and conditions, if the
Competition and Consumer Act 2010 (Cth) or any other legislation states that
there is a guarantee in respect of goods or services supplied and our liability
for breach of that guarantee may not be excluded but may be limited, our
liability for such breach is limited to, in the case of a supply of goods, replacing
the goods or supplying equivalent goods or repairing the goods or in the case
of supply of services, supplying the services again or paying the cost of having
the services supplied again.
b. THE FOREGOING LIMITATION EXTENDS TO ANY DAMAGES FOR LOSS OF
PROFITS, FOR LOSS OF DATA OR OTHER INTANGIBLES, FOR LOSS OF
SECURITY OF INFORMATION TRANSMITTED VIA THE LINGO PRODUCTS AND
SERVICES (INCLUDING UNAUTHORISED INTERCEPTION BY THIRD PARTIES
OF SUCH INFORMATION), FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO USE THE LINGO PRODUCTS AND SERVICES, OR
THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED OR THAT
MAY BE USED WITH THE LINGO PRODUCTS AND SERVICES, FOR LOSS FROM
ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR DEVICE DUE TO YOUR USE OF THE LINGO PRODUCTS
AND SERVICES OR ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE
LINGO PRODUCTS AND SERVICES, OR OTHERWISE IN CONNECTION WITH
ANY PROVISION OF THIS AGREEMENT, EVEN IF LINGO, ITS AFFILIATES OR
ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF THE REMEDY FAILS ITS ESSENTIAL PURPOSE.
c. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF WHETHER
SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY.
d. ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY
TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT AN ERROR IN THE
LINGO PRODUCTS AND SERVICES CAUSES COMPUTER PROBLEMS AND
DATA LOSSES. FOR THESE BUSINESS REASONS YOU UNDERSTAND AND
AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND
ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION,
THE FEE CHARGED FOR THE LINGO APP AND THE LINGO PRODUCTS AND
SERVICES WOULD BE HIGHER.
You acknowledge and agree that to the fullest extent permitted by law, neither
Lingo nor its business partners are responsible for Your decision to share and/or
disclose Your personal data, including health-related information and You hereby
release Lingo and its business partners from any liability that may arise from such
third parties’ collection or other processing of Your personal information.
e. WITHOUT LIMITING THE FOREGOING AND NOTWITHSTANDING ANY LOSSES
THAT YOU MAY INCUR AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE ENTIRE LIABILITY OF LINGO, ITS AFFILIATES, AND
ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF OR OTHERWISE IN
CONNECTION WITH THIS AGREEMENT AND YOUR EXCLUSIVE REMEDIES
FOR ALL OF THE FOREGOING WILL BE LIMITED TO EITHER (1) THE FIXING,
REPAIRING OR OTHERWISE RECTIFYING ANY FAULTS WITHIN THE LINGO
PRODUCTS AND SERVICES, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR
CONTEMPLATED BY THE PARTIES, OR (2) WHERE APPLICABLE, THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LINGO
PRODUCTS AND SERVICES OR THE VALUE OF USD$100.00 IN YOUR
CURRENCY.
Some other countries/states/provinces/jurisdictions may prohibit or limit the exclusion or
limitation of liability, certain implied warranties or incidental or consequential damages;
solely to the extent that such law applies to You, some or all of the above disclaimers,
limitations or exclusions may not apply to You and You may have certain additional rights
under applicable law.
20. What Are My Indemnity Obligations?
To the fullest extent permitted under applicable law, You agree to indemnify, defend and hold
harmless Lingo, its affiliates and their respective officers, directors, employees, agents,
successors, assigns and licensors from and against any and all claims, damages, demands,
liabilities, judgment, awards, losses, costs and expenses (including attorneys’ and experts’
fees) made by a third-party due to or arising out of or related to (a) Your use of or activities in
connection with, the Lingo Products and Services; and (b) any violation or alleged violation of
this Agreement or laws, regulations or third-party rights including any infringement of their
copyright or Intellectual Property Rights of any third-party by You in connection with Your
use of the Lingo Products and Services, including negligent acts, omissions and wilful
misconduct.
For Users in Germany: Your right to prove that no damage has occurred remains
unaffected by the foregoing.
21. Miscellaneous Terms.
a. Export Controls.
The Lingo Products and Services are subject to United States export controls
restrictions, including any United States embargoes or other federal rules and
regulations restricting exports. We will not knowingly make the Lingo Products
and Services available to You if You are, and You represent and warrant that You
are not, (a) located in, or a resident or a national of, any country subject to a U.S.
government embargo or trade sanction (see http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx for more information on U.S.
sanctions); or (b) on any of the U.S. government lists of restricted end users (for
example, including the “Specially Designated Nationals” list available at
http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
b. Governing Law.
The terms of this Agreement are governed and construed by the laws of the State
of Illinois, United States without regard to its choice of law provisions. In the
event of any conflict between foreign laws, rules and regulations and those of the
United States, the United States laws, rules and regulations will govern to the
fullest extent possible. Notwithstanding the foregoing, in the event of such breach
or threatened breach of Your obligations with respect to confidentiality or
intellectual property, Lingo will be entitled to equitable relief, including in a
restraining order, an injunction, specific performance and any other relief that
may be available from any court of competent jurisdiction. You agree that this
Agreement will be fully performable in the State of Illinois and You agree that
jurisdiction and venue are proper in the state and federal courts located in the
State of Illinois, United States of America, with respect to any proceedings arising
from this Agreement or the relationship between the parties hereto.
For Users in the EEA, Switzerland and UK: Except for this provision, Section
21 of the Agreement will not apply to users in the EEA, Switzerland and UK. For
such users, the governing law of Your country of residence will apply.
For Users in the EEA: Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it, without
You having to go to court. If You are not happy with how we have handled any
complaint, You may want to contact the European Commission Online Dispute
Resolution platform.
For Users in Australia: Nothing in Section 21 excludes or purports to exclude
the application of the Competition and Consumer Act 2010 (Cth) where relevant.
c. Entire Agreement .
This Agreement is the entire agreement between You and Lingo relating to the
Lingo Products and Services, including the Lingo App and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations
between You and Lingo with respect to the Lingo Products and Services or any
other subject matter covered by this Agreement. In the event of a conflict between
the English and any non-English versions of this Agreement, the English version
will govern. Sections 5, 12, 13, 14, 19, 20, 21, 22 and 24 will survive termination
of this Agreement.
d. Additional Legal Terms .
(i) This Agreement does not and will not be construed to, create any partnership,
joint venture, employer-employee, agency or franchisor-franchisee
relationship between You and Lingo.
(ii) If any provision of this Agreement is found to be unlawful, void or for any
reason unenforceable, that provision will be deemed severable from this
Agreement and will not affect the validity and enforceability of any remaining
provision.
(iii) You may not assign, transfer or sublicence any or all of Your rights or
obligations under this Agreement without our express prior written consent.
(iv) We may assign, transfer or sublicence any or all of our rights or obligations
under this Agreement without restriction.
(v) No waiver by either party of any breach or default under this Agreement will be
deemed to be a waiver of any preceding or subsequent breach or default.
(vi) All terms defined in the singular will have the same meanings when used in the
plural, where appropriate and unless otherwise specified. Any use of the term
“including” or variations thereof in this Agreement will be construed as if
followed by the phrase “without limitation.”
(vii) Notices to You (including notices of changes to this Agreement) may be
made via posting to the Lingo App or by e-mail (including in each case via links)
or by regular mail. Without limitation, a printed version of this Agreement and
of any notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
(viii) Lingo will not be responsible for any failure to fulfil any obligation due
to any cause beyond its control.
(ix) If any provision of this Agreement is held by a court of competent jurisdiction
to be contrary to law, such provision will be changed and interpreted so as to
best accomplish the objectives of the original provision to the fullest extent
allowed by law and the remaining provisions of this Agreement will remain in
full force and effect.
22. Terms Relating to Apple if You Use the iOS Version of the Lingo App .
In addition to the other terms and conditions of this Agreement and notwithstanding anything
to the contrary herein, this provision applies with respect to Your use of any version of the
Lingo App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a
party to this Agreement and does not own and is not responsible for the Lingo App. Apple is
not providing any warranty for the Lingo App except, if applicable, to refund the purchase
price for it. Apple is not responsible for maintenance or other support services for the Lingo
App and will not be responsible for any other claims, losses, liabilities, damages, costs or
expenses with respect to the Lingo App, including any third-party product liability claims,
claims that the Lingo App fails to conform to any applicable legal or regulatory requirement,
claims arising under consumer protection or similar legislation and claims with respect to
intellectual property infringement. Any inquiries or complaints relating to the use of the
Lingo App, including those pertaining to intellectual property rights, must be directed to
Lingo in accordance with Section 16 (“User Support and Complaints”) of this Agreement.
The licence You have been granted herein is limited to a non-transferable licence to use the
Lingo App on an Apple-branded product that runs Apple’s iOS operating system and is owned
or controlled by You or as otherwise permitted by the Usage Rules set forth in Apple’s App
Store Terms of Service. In addition, You must comply with the terms of any third-party
agreement applicable to You when using the Lingo App, such as Your wireless data service
agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement
and, upon Your acceptance of the terms and conditions of this Agreement, will have the right
(and will be deemed to have accepted the right) to enforce this Agreement against You as a
third-party beneficiary thereof; notwithstanding the foregoing, Lingo’s right to enter into,
rescind or terminate any variation, waiver or settlement under this Agreement is not subject
to the consent of any third-party.
23. Open Source Components.
Certain items of software included with the Lingo App are subject to “free software” or “open
source software” licences (“Open Source Software”). This Open Source Software is not
owned by Lingo and is not subject to this Agreement. No warranties are made by the owners
of the Open Source Software under this Agreement and such owners disclaim all liability
related to use of the Open Source Software. Each item of Open Source Software is licenced
under the terms and conditions of the licence that accompanies such Open Source Software.
Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the
terms and conditions of that licence.
24. What Does It Mean to Click the “Accept” Button ?
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
UNDERSTAND ALL SUCH TERMS AND CONDITIONS AND AGREE TO BE BOUND
THEREBY.
BY CLICKING THE "ACCEPT" BUTTON OR BY USING OR OTHERWISE ACCESSING
THE LINGO PRODUCTS AND SERVICES:YOU WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS
AGREEMENT; AND