Community Policies

Terms and Conditions of Kuno Language Learning Application

1. Introduction and Our Role

Kuno is a community for language learners. Our mission is to connect language learners from around the globe so they can teach each other and speak any language. We do not monitor messages or calls, hence, users are encouraged to report any violation of our community standards directly to us.

2. General Agreement

Your use of the Kuno language learning application (the "Service") operated by Kuno, Inc. ("us", "we", or "our") is governed by these Terms and Conditions ("Terms"). By registering for or using the Service, you represent that you have read and understood and agree to be bound by these Terms. **NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.**

3. Community Standards and Code of Conduct

We expect members to uphold our community standards. We have a zero-tolerance approach to bullying, spam, harassment, discrimination, nudity, or obscenity. Any violation of our community standards could result in revoked access, a deleted account, or your content being removed from Kuno.

4. Content and Conduct

We are not responsible for the content of your calls and messages. However, if we do see or someone alerts us that you have posted something that we think is inappropriate, then we are allowed at our sole discretion to remove it or revoke access.

5. Service Use Rules

Kuno may set and modify rules for using the Service (“Service Use Rules”), in its sole discretion. Violating these rules may result in Kuno invalidating your language learning progress or banning you from using the Service.

6. Use Restrictions

You may not violate or circumvent any Service Use Rules, impersonate another person, provide false information, alter or falsify your language learning progress, give your Kuno username or password to any third party, or use the Service in an illegal, harassing, unethical, or disruptive manner.

7. Privacy

Our Privacy Policy, which describes how we collect and use your personal information, is incorporated into these Terms. By using our Service, you agree that we can use such data according to our privacy policies.

8. Communication Services

Our Service allows you to post, link, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the legality, reliability, and appropriateness of the Content you post.

9. Limitation of Liability

Kuno will not be liable for the actions or decisions of any third party. Kuno’s liability to you or any third party claiming through you for any cause whatsoever arising out of or relating to your use of the Service is limited to the amount you paid for the Service.

10. Termination

Kuno reserves the right to terminate your access to and use of our services at any time, without notice, in cases of fraud, abuse, violations of these terms, or any other instances at Kuno's discretion. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease. Kuno is not liable to you or any third party for termination of your access or use of our services.

11. Virtual Currency Management

All transactions involving Kuno's Time Tokens, our virtual time currency, are final. Once Time Tokens are credited to your Kuno account, they are non-refundable, non-transferable, and non-exchangeable. By purchasing or earning Time Tokens, you confirm that you want these immediately available in your account, acknowledging that doing so relinquishes any cancellation rights under applicable laws. Kuno maintains absolute discretion in managing, regulating, controlling, modifying, and/or eliminating Tokens. We hold no liability to you or anyone else for exercising such rights. For instance, Tokens may be lost, deleted, or forfeited when your Kuno account is terminated, suspended, or closed for any reason or when we discontinue any or all of the Kuno services. We hold the right to make all calculations regarding the balance of Tokens in your Kuno account. In connection with your use of Kuno, we further reserve the right to determine the amount of Tokens credited and debited. Although we strive to ensure these calculations are consistent and reasonable, you agree that our determination of your Token balance is final unless you can provide documentation proving an intentional inaccuracy.

12. Transfers of Virtual Currency and Unauthorized Transactions

Any unauthorized transfer, trade, sell, or exchange of Tokens ("Unauthorized Transactions") is strictly forbidden. Participants in such activities do so at their own risk and agree to indemnify Kuno against any and all consequences resulting from such actions. Unauthorized transactions may result in suspension, termination, modification of your Kuno account, or reversal of the transaction. In case of suspected or evidenced fraud, violations of these terms, or any intentional act designed to interfere with the normal operation of our services, we may take necessary actions, including debiting your Token balance, which may cause your balance to drop to zero or a negative amount.

13. Purchasing Virtual Currency

To purchase Time Tokens, you may be required to provide Kuno or our designated representative with your credit card number or other billing information. Alternatively, we may offer the option to use an alternate billing and payment provider identified on Kuno. You are bound by the third party provider’s terms and conditions, which are available from the provider. You may need to create an account with such alternate provider, and provide them with your bank account or credit/debit card details. The provision of any products or services to you won't commence until the provider has authorized your payment.

14. Membership Fee and Billing

Kuno offers different membership plans, each with its own set of features and benefits. By subscribing to any of our membership plans, you agree to pay the applicable membership fee. The membership fee will be automatically charged to your chosen payment method on a recurring basis according to the plan you selected.

The available membership plans and their corresponding fees are as follows:

Starter: 14,99€ per month

Premium: 74,99€ every 6 months

Elite: 119,99€ every year

Please note that the membership fee is non-refundable, and no prorated refunds will be given for any unused portion of the subscription period. You may cancel your membership at any time, but the cancellation will be effective at the end of the current subscription period, and you will not be eligible for a refund for any remaining time.

15. 7-Day Trial and Automatic Renewal

Upon registering for the Service, you may be eligible for a 7-day trial period, during which you can explore and experience the features available to your chosen membership plan. At the end of the trial period, your selected membership plan will automatically renew, and your payment method will be charged the appropriate membership fee for the subsequent period, depending on the plan you selected (monthly, every 6 months, or annually).

You can manage and cancel your membership and automatic renewal settings in your account preferences or by contacting our customer support team. Please ensure that your payment information is up-to-date to avoid any interruptions in your membership access.

By agreeing to these Terms and Conditions, you authorize Kuno to charge your chosen payment method for the membership fee on a recurring basis until you cancel your membership or until it is terminated by Kuno in accordance with these Terms.

If your payment method fails or if Kuno is unable to process the membership fee for any reason, your membership may be suspended or terminated until the outstanding payment is received.

Please note that Kuno reserves the right to change the membership fees and the availability of trial periods at any time. Any changes to the membership fees will be communicated to you in advance, and you will have the option to accept or decline the changes before your next billing cycle.

By providing your payment information and subscribing to our membership plans, you represent that you are authorized to use the chosen payment method and that the payment information you provide is accurate, current, and complete.

By continuing to use the Service and maintain an active membership, you agree to the membership fee and billing terms outlined in this section.

16. Indemnification

By using Kuno, you agree to indemnify, safeguard, and absolve Kuno, including but not limited to all expenses, liabilities, and legal fees, from any claim or demand made by any third party arising from or related to: (i) Your use or access of the Kuno platform, (ii) Your participation in conversation lesson or acceptance of tokens from other members, (iii) Any disputes or breaches of agreement with other members within the Kuno platform, (iv) Your infringement of these Kuno Terms, (v) Any lessons or services procured or received by you via the Kuno platform, (vi) Any harmful or intentional misconduct you commit on the Kuno platform, (vii) Any violation by you, or a third party operating your Kuno account, of any intellectual property rights or other rights of any person or entity. Kuno reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify Kuno, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without Kuno's prior written consent. Kuno will endeavor to notify you of any such claim, action, or proceeding upon becoming aware of it.

17. Disclaimers

THE KUNO PLATFORM, INCLUDING ALL SERVICES PROVIDED BY KUNO, OUR LICENSORS, OR COMMUNITY MEMBERS, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES. IT SHOULD BE UNDERSTOOD THAT KUNO DOES NOT MONITOR, CONTROL, OR VET MEMBER CONTENT OR ANY CONTENT FROM THIRD PARTIES. KUNO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE KUNO PLATFORM IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE KUNO PLATFORM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHERMORE, EACH MEMBER IS RESPONSIBLE FOR SELECTING THEIR OWN LANGUAGE PARTNER AND NEGOTIATING INTERACTIONS, AND KUNO DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES RECEIVED BY A MEMBER ON THE KUNO PLATFORM AND DOES NOT ENDORSE ANY PARTICULAR MEMBER. KUNO DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY MEMBER’S LANGUAGE PROFICIENCY, ACCREDITATION, REGISTRATION, OR LICENSE.

18. Ownership

All content made available through the Kuno Platform is either owned by Kuno, our licensors, or is licensed to Kuno and our licensors. As between you and Kuno, you retain ownership of your Member Content. Kuno owns the Kuno Content, which includes, but is not limited to, visual interfaces, interactive features, graphics, design, our compilation of Member Content, computer code, products, software, aggregate Member ratings and reviews, and all other elements and components of the Kuno Platform excluding Member Content. As between you and Kuno, we also own the copyrights, trademarks, service marks, trade names, and other intellectual property rights throughout the world associated with the Kuno Content and the Kuno Platform, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Kuno Platform and the Kuno Content are retained by Kuno.

19. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of France. You agree to submit to the personal jurisdiction within Paris for any disputes arising out of or relating to these terms and your use of our services.

20. Modifications to the Service or the Terms

Kuno reserves the right to modify or discontinue its services at any time (including by limiting or discontinuing certain features of the service), temporarily or permanently, without notice to you. Kuno also reserves the right to change these terms at any time and to notify you by updating and posting these terms on the site and by email.

21. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.

22. Entire Agreement

These Terms of Service constitute the entire agreement between you and Kuno concerning our services and supersede all prior agreements, understandings, negotiations, or discussions, whether oral or written, between you and Kuno.

23. Force Majeure

Kuno shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Please note that you should tailor the above sections to your specific needs and conditions. It's also recommended to consult with a legal advisor to make sure all your bases are covered.

24. Feedback

When you send us any ideas, suggestions, documents or proposals ("Feedback"), you are in agreement that: (i) your Feedback does not contain confidential or proprietary information belonging to third parties, (ii) we are not obligated to maintain confidentiality, either explicitly or implicitly, in relation to the Feedback, (iii) we may already have something similar to the Feedback under consideration or in development, and (iv) you provide us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works from, publish, distribute, and sublicense the Feedback. You also irrevocably waive, and cause to be waived, against Kuno and other members any claims and assertions of any moral rights that you may possess with respect to such Feedback.

25. General Provisions

The failure of Kuno to enforce any right or provision of these Kuno Terms will not be construed as a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if given in writing and signed by a duly authorized representative of Kuno. Unless expressly stated in these Kuno Terms, the exercise by either party of any remedies under these Kuno Terms will be without prejudice to its other remedies under these Kuno Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Kuno Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Kuno Terms will remain in full force and effect.

26. Intellectual Property Rights

27. DMCA Policy

If you believe that any content on the Kuno Platform infringes upon your copyright, please notify us promptly in writing. To make a valid claim, you must provide our designated copyright agent with the following information: - A physical or electronic signature of the copyright owner or a person authorized to act on their behalf. - Identification of the copyrighted work claimed to have been infringed. - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. - Sufficient information to enable us to locate the material. - Your contact information, including your address, telephone number, and an email address. - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please send the written notice to our designated copyright agent at the following address: PUISSANCE 4. Attn: Copyright Agent 7 rue de la Baume, 75010, France.

28. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in accordance with the French Arbitration Act. The seat of arbitration shall be Paris, France. The language of the arbitration shall be French. The number of arbitrators shall be one to three, and the appointing authority shall be Paris Chamber of Commerce and Industry. The arbitral procedure shall be conducted in accordance with the rules of the International Chamber of Commerce. The arbitral award shall be final and binding upon the parties.

29. Age Restrictions The Kuno Platform is intended for individuals who are at least 18 years old, depending on the age requirements imposed by applicable laws. By using the Service, you represent and warrant that you meet the minimum age requirement *** or with parental consent under age 28. Contacting Customer Support If you wish to report a violation of these Terms, have any questions, or require assistance, please contact Kuno customer service as follows: Email: contact@kuno.live