Terms & Conditions

Welcome to Mylingue Inc. (“Mylingue,” “we,” “us,” or “our”), application and website! We connect individuals who want to learn a language (“Students”) with a native speaker who can help them learn (“Tutors”) for real time video chat language tutoring sessions (“Tutoring Services”). This User Agreement (the “Agreement”) applies to Students and Tutors, and where Students are minors/children under the age of 13, their parent or legal guardian (collectively, “Users,” “you,” or “your”), whether through our websites, Mylingue.com and  (the “Sites”) or mobile device applications (the “Apps,” together with Sites, “the Platform”). 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND CAMBLY ARE SUBJECT TO BINDING ARBITRATION AND CONTAINS A WAIVER OF CLASS AND COLLECTIVE ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE YOUR CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.

PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. BY ACCESSING THE PLATFORM OR REGISTERING FOR A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING, AS APPLICABLE, THE ARBITRATION AND CLASS ACTION PROVISIONS AND VIDEO RECORDING PROVISIONS, AND THAT YOU ARE BINDING YOU, YOUR HEIRS, ASSIGNS, AND SUCCESSORS TO THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS AGREEMENT ON THAT ORGANIZATION OR ENTITY’S BEHALF AND BIND THEM TO THIS AGREEMENT (IN WHICH CASE, THE REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT, EXCEPT FOR IN THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY). 

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.

 1.Eligibility

You may use the Platform only if you can form a binding contract with Cambly, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

If you are a Student, you represent that you are over the age of thirteen (13) years old in the United States or sixteen (16) years old in all other jurisdictions  (the “Minimum Age”). If you are a Student over the Minimum Age, but under the legal age of majority, you may not use the Platform unless your parent or legal guardian has provided Cambly verifiable consent and agreed to this Agreement.

If you are a Tutor, you represent that you are over the age of 18. 

If Cambly has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.

 2.Additional Terms and Guidelines

Guidelines. When using the Platform, you are subject to any additional posted guidelines or rules applicable to specific services, offers, and features (the “Guidelines”). All such Guidelines are incorporated by reference into this Agreement. 

 3.Data Privacy

Privacy Policy. Mylingue’s Privacy Policy is incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information. 

Tutors are Data Controllers. Tutors will receive Personal Data of Students in the course of Tutors providing and Students receiving Tutoring Services. As used in this Section 3, Personal Data shall have the meaning assigned to the terms “personal data” or “personal information” under applicable data protection laws, such as the General Data Protection Regulation (EU 2016/679) (“GDPR”) or the California Consumer Privacy Act (“CCPA”). With respect to any Personal Data obtained by Tutor pursuant to this Agreement, Tutor agrees to independently comply with its obligations as a “controller” under the GDPR, and a “business” under the CCPA, to the extent applicable to Tutor.

 4.Modifications

Mylingue may make modifications to this Agreement (“Changes”) at any time. Except as explicitly provided in this Agreement, such Changes will be effective as to existing Users after Cambly provides notice of the Changes, either through the Platform user interface or sent to the e-mail address associated with your User account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Mylingue may terminate this Agreement and your use of the Platform.

 5.Account Registration and Use

Student Registration. The Platform allows Students to request and engage in a video chat session with a Tutor for purposes of learning and practicing conversation skills in the language of a Student’s choice (a “Session”). To access a Session in our Tutoring Services, you must register and create an account through the Platform. Registration may require you to: (i) create a unique user name and password, (i) provide an e-mail address, (iii) indicate your current country of domicile, (iv) indicate your native language, (v) indicate the language you wish to practice, and (vi) indicate your gender. Note that Mylingue does not have access to your payment card information, as we use a third-party payment processor to receive and process payments. 

Tutor Registration. To use the Platform and offer tutoring services to Students, Tutors must register and create an account through the App or the Site. As part of the registration process, we may require a Tutor to: (i) create a unique user name and password, (ii) provide an e-mail address, (iii) indicate Tutor’s current country of domicile, (iv) indicate Tutor's native language, (v) indicate the language for which Tutor wishes to conduct the Services, (vi) indicate Tutor’s gender, (vi) indicate Tutor’s PayPal account, and (vii) indicate that Tutor is at least eighteen (18) years of age. 

Registration Accuracy. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate and up-to-date at all times.

Password. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Mylingue. You may be liable for the losses incurred by Mylingue or others due to any unauthorized use of your account.

Personal Use. Except as provided herein, Mylingue accounts may only be used by the User who registered for that account. Minutes purchased by a Student may only be used by that Student in that Student’s account. You agree not to share your user name and password or otherwise permit any other person to access or use your Mylingue account. Under no circumstances may a Tutor allow other individuals to use the Tutor’s account to perform any Services.

 6.Cambly is a Marketplace Provider

You understand that Mylingue is not in the business of providing tutoring services. Mylingue provides an online marketplace that connects Students with Tutors.

Tutors are Independent Contractors. You acknowledge that Tutors are independent contractors operating an independent business enterprise who use the Platform to offer and provide Tutoring Services to Students. Mylingue is not an employer of, or joint employer or integrated or single enterprise with any Tutor. You acknowledge and agree that Mylingue has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing or location of any work or services performed by Tutor, including any work or services that any individual affiliated with the Tutor may provide, either as an employee, independent contractor, or otherwise. Student further represents, acknowledges, and warrants that throughout the Term it shall at all times treat Tutor as independent contractors and that Student will take no action that is inconsistent with such classification. Mylingue is under no obligation to ensure any Session is completed to Student’s satisfaction.

Tutors Provide Materials. You understand that, except as otherwise specifically agreed between Student and Tutor, Tutor will provide all equipment, tools, materials, and labor that he or she needs to perform the Tutoring Services agreed to with Student and that Mylingue will provide no equipment, tools, materials, or labor that may be needed to perform the Tutoring Services under this Agreement. Mylingue will, however, in its discretion, provide both Student and Tutor with access to the Platform to facilitate access to available, optional support resources and materials.

 7.Rules and Prohibitions

You may not: 

• access or use the Platform for any purpose that is unlawful or prohibited by this Agreement;
• use the Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform;
• intentionally interfere with or damage the operation of the Platform, or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
• remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform;
• attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; 
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
• use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;
• utilize any trademark, logo, or other Mylingue materials without our express written consent, including through framing techniques or in meta tags of “hidden text”;
• modify the Platform in any manner or form, or use modified versions of the Platform, including (without limitation) for obtaining unauthorized access to the Platform; 
• create more than one account, use another person’s account without authorization, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;
• in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; 
• spam anyone;
• post advertisements or conduct any commercial solicitation purposes without Mylingue’s written permission;
• engage in conduct or post content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, humiliating to other people (publicly or otherwise), or otherwise violates any law or right of Cambly or any third party;
• share other people's private or personally identifiable information without their express authorization and permission; or
• attempt to indirectly undertake any of the foregoing.

If you are a Student, you further agree to only engage in Sessions for the sole purpose of learning or practicing your language skills. If you are a Tutor, you further agree to only engage in Sessions for the sole purpose of teaching language skills to a Student.

 8.User Content

We may allow you to submit, post, upload, publish, submit, transfer, link, display, or otherwise make available (hereinafter, “post”) information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform (“User Content”) that may or may not be viewable by other Users. You retain ownership of all intellectual property rights you have in the User Content you post on the Platform.

By posting User Content on or through the Platform, you grant Mylingue a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for Mylingue’s business purposes or as required by law or legal process. In the interest of clarity, the license granted to Mylingue shall survive termination of the Platform or your account. Notwithstanding the license granted to Mylingue in User Content and for avoidance of doubt, our use and retention of your personal data, including any that is contained in User Content, shall also be governed by and comply with the Mylingue privacy policy.You represent, warrant and agree that you have the necessary rights to grant us the license described in this Section for any User Content that you post. You agree that this license includes the right for other Users with permitted access to your User Content (e.g. Tutors or Students) to use your User Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Mylingue does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please e-mail Cambly at [email protected]. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.

Mylingue reserves the right in its sole discretion to remove or disable access to any User Content from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Cambly reserves the right to monitor User Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your User Content and ensure that your User Content is accurate and consistent with your representations and warranties in this Agreement.

Mylingue reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Mylingue, its Users and the public.

 9.Ownership and Proprietary Rights

The Platform is owned and operated by Mylingue. The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform (“Mylingue Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Mylingue Materials are the property of Mylingue or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Mylingue or its affiliates and/or third-party licensors. Except as expressly authorized by Mylingue, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Mylingue Materials.

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Cambly and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your account or the Platform.

 10.Sessions

Hardware and Software. Engaging in a Session requires compatible hardware and may require the download and installation of specified software. You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Platform, generally.

Restrictions on Use. You agree to only engage in Sessions for your personal, non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.

Session Recordings. Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Mylingue copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Tutor evaluation, Tutor training, dispute resolution and improving the Platform; (iii) such recording being made available to the other party to the Session, including the Student or parents of a Student; (iv) such recordings being made available for you to review; (v) such recording being used or disclosed by Mylingue to the extent required by law or legal process or to the extent Mylingue deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (vi) as you otherwise agree (including, for Tutors). You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Mylingue from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree (including for Tutors), and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to Mylingue to copy, modify, distribute and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process.  Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of session recordings as set forth in our Privacy Policy.

11.Tutor Availability and Tutor Quality

Tutor Availability. Sessions are subject to Tutor availability, and Cambly does not guarantee that any particular (or any) Tutor will be available at any given time. 

Tutor Quality. You acknowledge that Cambly has no duty to verify any stated credentials, experience or qualifications of any Tutor, and that Cambly does not conduct any screening of Tutors other than as expressly set forth in this Section. If you wish to submit a complaint regarding any Tutor, please contact Cambly at [email protected]. Users are responsible for their communications or other interactions with other Users on or through the Platform. Mylingue reserves the right, but has no obligation, to monitor disagreements between Users, including between Students and Tutors.

12.Payments on the Platform

Payment. Students pay for Tutoring Services by the minute or through a payment plan as described below. Payment will occur through a third-party payment system (e.g., Stripe). All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on Mylingue’s net income. You also agree to pay Mylingue any costs and expenses incurred by Mylingue, including reasonable attorney’s fees, in recovering any fees due hereunder.

No Refunds. Purchased minutes are non-refundable, and minutes used for a Session are non-creditable. If you have been mistakenly charged for minutes you did not purchase, you may request a refund. Refund requests will be evaluated by the third-party payment system or Mylingue. If you feel you have been charged in error, please contact [email protected]. A refund request must be received by Mylingue within thirty (30) days of the charge in order to be considered.

Timing. If you pay Tutors through purchased minutes, you will be charged per minute of the Session as each minute is used. If you run out of purchased minutes prior to a Session ending, the Session will terminate and you will be prompted to purchase more minutes.

Mobile Services. Use of the Apps may require usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Apps.

13.Tutor Eligibility and Rules

In addition to the other rules and prohibitions set forth in this Agreement, the following terms in this Section 14 applies to Tutors.

Eligibility. Prospective Tutors may apply to Mylingue to offer their tutoring services through the Platform. Mylingue reserves the right to request information to assess your eligibility to offer your tutoring services, and Mylingue may accept or deny your request for any reason or no reason in Mylingue’s sole discretion. 

Services To Be Performed. If you are accepted as a Tutor on the Platform, you will be eligible to provide tutoring services through the Platform to Students. You agree to use your best efforts in the performance of your tutoring services, and you further agree to cooperate with Mylingue’s personnel, not to interfere with the conduct of Myingue’s business, and to observe all Mylingue rules, regulations and security requirements with respect to the safety and safeguarding of persons and property.

14.Modifications and Termination of Accounts or the Platform

Platform. Mylingue may make changes to or discontinue any of the media, products or services available within the Platform at any time, and without notice. The media, products or services on the Platform may be out of date, and Mylingue makes no commitment to update these materials on the Platform. We may modify the Platform or terminate access to the Platform without prior notice, and you agree that Mylingue shall not be liable to you or any third party for any such termination.

Account. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Mylingue support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Platform and/or terminate your account at any time by [email protected]. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform unless otherwise required under applicable law. If we terminate the account of a Tutor, the applicable Tutor shall be entitled to payment for tutoring services performed by the Tutor prior to the effective date of termination, payable within sixty (60) days of termination. Such payment shall constitute full settlement of any and all claims of Tutor of every description against Mylingue.

15.Third-Party Links and Resources

The Platform may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by Mylingue. Mylingue is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Mylingue, and Mylingue does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and Mylingue’s Privacy Policy do not apply to your use of such links. You expressly relieve Mylingue from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that Mylingue is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

16.Disclaimers; No Warranties

THE PLATFORM AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYLINGUE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  

MYLINGUE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, SITE, APP OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MYLINGUE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MYLINGUE NOR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17.Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MYLINGUE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE CAMBLY MATERIALS ON THE PLATFORM OR THE PLATFORM ITSELF, OR ANY OTHER INTERACTIONS WITH MYLINGUE , EVEN IF MYLINGUE  OR A MYLINGUE  AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYLINGUE ’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL MYLINGUE ’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO MYLINGUE  (OR ARE PAYABLE TO YOU BY CAMBLY) HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (B) FIFTY (50) U.S. DOLLARS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN MYLINGUE  AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE PLATFORM.

18.Indemnification

You agree to indemnify and hold Mylingue, and its affiliated companies, and its suppliers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Platform, violation of the rights of any other person or entity, or any breach of this Agreement. 

Tutor shall further be solely liable for, and shall indemnify, defend and hold harmless Mylingue and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from Tutor’s failure to pay the taxes, penalties, and payments due under this Agreement, including the Tutor Addendum. Tutor shall further indemnify, defend and hold harmless Mylingue and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on his part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against Mylingue relating to or arising out of the activities of Tutor and Tutor shall pay reasonable attorneys' fees, costs and expenses incident thereto.

Mylingue reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

19.Apple iOS  

If you access our Platform using a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:

• the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
• the terms of this Agreement are between you and Mylingue, and not with Apple;
• Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Mylingue, not Apple;
• except as otherwise expressly set forth in this Agreement, any claims relating to the possession or use of the iOS App are between you and Mylingue (and not between you, or anyone else, and Apple);
• in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
• although this Agreement entered into between you and Mylingue (and not Apple), Apple, as a third-party beneficiary under this Agreement, will have the right to enforce these terms against you.

In addition, you represent and warrant that:

• you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country;
• you are not listed on any United States Government list of prohibited or restricted parties; and
• if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

20.Google App. 

If you access our Platform on a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Mylingue only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Mylingue, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Mylingue’s Google-Sourced Software.

, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Mylingue’s Google-Sourced Software.