Terms and Conditions

1. General

Welcome to Shapedeep!

We are thrilled to welcome you to Shapedeep, your new companion on the journey to mastering new languages. Our application is designed to provide an engaging, intuitive, and productive language learning experience. Whether you are a beginner eager to learn the basics or an advanced learner aiming to refine your fluency, Shapedeep offers a range of features to help you achieve your language goals.

Purpose of the Terms and Conditions

The purpose of these Terms and Conditions is to ensure a clear understanding of what you can expect from us as you use our services, and what we expect from you. These terms govern your access to and use of Shapedeep, including any content, functionality, and services offered on or through the app. We want to provide a safe, reliable, and positive environment for all our users, which is why it is important for you to review these terms carefully.

Acknowledgment and Acceptance of Terms

By accessing or using Shapedeep, you agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated here by reference. If you do not agree to these terms, you must not access or use Shapedeep. Your continued use of the app following the posting of revised Terms and Conditions means that you accept and agree to the changes. We encourage you to check this page frequently so you are aware of any updates.

It is your responsibility to ensure that all persons who access the app through your internet connection are aware of these Terms and Conditions and comply with them. This agreement is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge, or otherwise dispose of any rights or obligations arising under or related to these terms without our prior written consent.

Unless otherwise specified, all communications, including notices and requests from you, should be directed to Shapedeep via email at support@shapedeep.com or through the communication tools provided within the Services. We may communicate with you by email, within the Services, or by other reasonable means deemed appropriate.

2. User Account Setup

To begin your language learning experience with Shapedeep, you must first create a user account (“User Account”). This involves agreeing to these Terms, entering basic personal details, and choosing a secure password. Alternatively, you may use your existing credentials from third-party services like Google, Facebook, or Apple to set up your account. After registering, you will receive a confirmation email containing a link to activate your User Account. By establishing a User Account, you consent to these Terms and any agreements relating to our Free Services.

Our Services are designed to be used in a responsible and lawful manner. Therefore, you must be at least thirteen (13) years of age to create a User Account, place an Order, or use the Services. Individuals under eighteen (18) must obtain consent from a parent or legal guardian before engaging with our platform.

To access our Paid Services, you can place an Order via your User Account. Please note that promotions for Paid Services are only provisional until the ordering process is finalized. Here is the general sequence for placing an Order:

Choose the service you wish to subscribe to.
Confirm your selection.
Fill out the required fields.
Select a method of payment.
Agree to the specific terms and conditions.
Submit your Order.

An Order is considered complete when you receive an email confirmation from us, which includes your Order details and a unique order number.

Renewal and Cancellation Policy

Automatic Renewal: To provide uninterrupted service, all paid subscriptions automatically renew at the end of each billing cycle.
Cancellation: You can cancel your subscription at any time. Cancellation will take effect at the end of the current billing period, allowing you to continue accessing premium features until then. To cancel, simply access your account settings and follow the prompts to manage your subscription.

3. Services

Free Services and Paid Services

At Shapedeep, we believe that language learning should be accessible to everyone. That’s why we offer a range of services, some of which are available at no cost, and others which are offered through paid subscription models.

Free Services: Our free services are designed to provide users with an introduction to language learning. This includes access to most lessons, vocabulary exercises, and limited practice tests. The free version is a great way to get started and explore what Shapedeep has to offer without any financial commitment.

Paid Services: For users who seek a more comprehensive language learning experience, our paid services offer extensive access to our full range of features. Subscriptions can be purchased monthly or annually at competitive rates. Each paid service offers additional features and benefits, allowing users to choose the plan that best fits their learning needs and goals.

To ensure that Shapedeep remains a leading tool in language learning, we regularly update our application. Updates may include new features, improved functionality, enhanced user interface, and bug fixes. As part of our commitment to excellence, we strive to incorporate the latest technological advances and pedagogical approaches into our app.

We offer a trial period for our paid services, allowing new users to explore the full range of Shapedeep’s capabilities. The trial period lasts for a specified duration, during which all features of the paid service tier are accessible without cost.

Trial Terms: At the end of the trial period, unless you choose to subscribe to a paid plan, your access will revert to the free service level. To continue enjoying all the benefits of Shapedeep, we encourage you to consider subscribing. Details regarding the length of the trial and the specific features included can be found in the subscription section of the app.

Opting Out: If you decide not to continue with a paid subscription, you can opt out at any time before the trial period expires without incurring charges. Instructions for managing or cancelling your trial are available in the app settings.

To facilitate the effective delivery of our Services, we may use third-party subcontractors, vendors, or suppliers. We select these partners with stringent criteria to ensure they meet our high standards for quality and security, thus safeguarding the integrity and smooth operation of our Services.

4. Rights of Use

Scope of License

Shapedeep grants you a non-exclusive, non-transferable, revocable license to use the app and its services. This license is limited to personal, non-commercial use, intended solely to facilitate your individual language learning. You are permitted to download, install, and operate the app on your personal device(s) in accordance with these Terms and Conditions and only for the legally permitted purposes.
This license is provided on a subscription basis or for free, depending on your selected level of service, and is conditional upon your continued compliance with these Terms and Conditions. It is important to understand that this license does not grant you any title or ownership in the app or the content accessible within it. Instead, it merely authorizes you to use the app within the guidelines set forth herein.

Restrictions on Use

In order to maintain a secure and respectful environment, there are specific restrictions placed on how you may use Shapedeep. Below are the key restrictions you are required to adhere to:

No Redistribution: You may not redistribute, sell, resell, distribute, transfer, assign, sublicense, share, rent, lease, or lend the app or its content to anyone else. Redistribution of the app in any form is expressly prohibited.
No Modification or Reverse Engineering: Modifying, translating, adapting, or otherwise creating derivative works or improvements, whether or not patentable, of the app is prohibited. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the app.
No Illegal Use: The app may not be used for any unlawful purpose. This includes using the app in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the app.
No Exploitation: You may not exploit any part of the app or its content for commercial purposes without obtaining a license to do so from Shapedeep.

The Services may be governed by export control laws and regulations. You affirm that you are not based in a sanctioned or embargoed country or listed on any prohibited party registers, and you will not export, re-export, or transfer the Services to any banned countries or restricted users.

You commit to adhering to all applicable export laws and regulations, including those enforced by entities like the US or EU, provided doing so does not breach any applicable anti-boycott laws. You are responsible for securing any necessary licenses or clearances.

Without our prior written authorization, you are not permitted to duplicate, disseminate, or publicly reproduce any content from the Services.

We reserve the right to monitor your usage of the Services to ensure compliance with this Section 4 and may restrict or suspend any usage we deem as violating these terms.

5. User Responsibilities

To access and use Shapedeep’s Services effectively, you are responsible for procuring and maintaining all necessary equipment and ancillary services (such as internet connectivity, compatible hardware, and software). You bear the sole responsibility for ensuring that your technology is compatible with our Services and meets the current standards required for optimal performance of our app.

It is imperative that you safeguard the confidentiality of your account information, including your username and password. You are entirely responsible for all activities that occur under your account, regardless of whether you have authorized such activities. Should you suspect any unauthorized use of your account, it is crucial that you notify us immediately at support@shapedeep.com.
You may have the opportunity to upload, post, or otherwise share content through the Services, including but not limited to, text, images, videos, or other materials (“User Content”). You assert that you hold all necessary rights to any User Content you provide and that you are not infringing or violating any third party’s rights by posting it. Shapedeep reserves the right to remove any User Content at our discretion that we believe violates these Terms or may harm our brand or Services.

Shapedeep may, but is not obligated to, monitor or review User Content and account activity to ensure compliance with these Terms. We reserve the right to take appropriate action against any account or User Content that we determine to be in violation of our Terms. This action may include modifying, hiding, or removing User Content, suspending or terminating accounts, and cooperating with law enforcement authorities in any investigations.

While Shapedeep implements reasonable security measures to protect your account and User Content, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge and agree that you provide your User Content at your own risk. In the event of any unauthorized access to your User Content, Shapedeep will notify you as soon as possible and will work with you to address the breach; however, Shapedeep is not liable for any loss or damage arising from such unauthorized access.

6. Maintenance, Support and Service Availability

Shapedeep is committed to providing a reliable, high-quality service. As part of this commitment, we routinely perform maintenance on our Services, which may require us to temporarily suspend access to certain functionalities. We endeavor to conduct maintenance during low-usage hours and provide you with advance notice whenever possible. Our goal is to ensure the optimal performance and security of our Services for all users.

To assist you with any questions or issues you may encounter, Shapedeep offers customer support exclusively through email. For the fastest response, please contact us via our support email, where you can track the status of your inquiries.

Shapedeep strives to maintain the highest level of accuracy and functionality in our Services. Should you encounter any errors, please report them via our designated email support channel. We prioritize identifying and rectifying errors swiftly and efficiently. Our team is dedicated to investigating reported issues and implementing solutions to enhance user experience. We appreciate your patience and cooperation in helping us maintain and improve the quality of our Services.

Shapedeep strives to maintain a service uptime of 95% each month. We are dedicated to providing a dependable and continuous service experience for all our users. To achieve this, we utilize advanced, resilient infrastructure and perform regular monitoring to preempt and address issues proactively. Should our service availability drop below the committed threshold, we will strive to resolve the issue promptly and keep you informed about the status and resolution of the disruption.

The uptime commitment does not apply to periods of planned downtime for maintenance, unforeseen outages caused by external factors beyond our control (such as natural disasters, wars, or third-party service failures), or issues related to user-specific configurations. We endeavor to minimize such disruptions and provide advance notice of planned maintenance whenever possible.

You are responsible for maintaining the necessary hardware, software, and internet connection required to access and use Shapedeep’s Services. This includes ensuring that your systems are compatible with our specifications and updated to the latest standards. Issues arising from inadequate system requirements or connectivity on your part do not affect our uptime commitment and will be considered outside the scope of our responsibility.

7. Privacy Policy

Information Collection and Use: We collect personal and usage data to enhance user experience and improve our services. This data is used strictly in accordance with our Privacy Policy to tailor and optimize our offerings.

Data Protection: We implement robust security measures to protect your data from unauthorized access, alteration, and disclosure. Our commitment to data security is uncompromising.

Rights of Users: Users have rights to access, correct, delete, or restrict the use of their personal data.

For more detailed information, please refer to our full Privacy Agreement.

8. Fees and Payment

All fees associated with accessing Paid Services provided by Shapedeep are detailed on our website and during the order process. These fees may vary depending on the type of subscription or services you select. Payment is due at the time of order or renewal, according to the billing terms established in your selected subscription plan.

Shapedeep reserves the right to modify service fees at any time. However, any fee changes will be communicated to you in advance through your registered email address or via an announcement on our website. Such changes will only apply to service agreements and renewals executed after the notification of the fee change.

We accept various payment methods, including credit cards, debit cards, and other electronic payment methods approved by Shapedeep. All payment information must be accurate, current, and in your name. Unauthorized use of payment methods is strictly prohibited and may result in the termination of your services.

Shapedeep will provide invoices for all purchases, which will be sent to your registered email address. Each invoice will detail the fees paid and any applicable taxes or additional charges. You are responsible for maintaining accurate email and payment records to ensure timely invoice delivery.

Payments are considered late if not received by the due date specified on your invoice. Late payments may incur additional charges, such as interest or late fees, at the maximum rate permitted by law. Continued failure to make timely payments may result in the suspension or termination of your access to the Paid Services.

In the event of non-payment, Shapedeep reserves the right to set-off any amounts due to us by deducting these from any sums that might be owed to you. This right to set-off will be exercised within the confines of applicable law and in accordance with the terms of any specific contractual agreements you have with us.

9. Term and Termination

The agreement between you and Shapedeep commences as soon as you create a User Account and accept these Terms. This agreement remains effective until terminated by either you or Shapedeep as outlined in these Terms.

You may terminate your use of the Free Services at any time without cause. Similarly, Shapedeep reserves the right to terminate Free Services or convert them into Paid Services at our discretion, subject to providing you with reasonable notice. No financial obligation is tied to the termination of Free Services by either party.

Paid Services provided by Shapedeep continue for the duration specified in your Order, typically beginning from the date of purchase and lasting until the end of the paid period. You have the right to discontinue the renewal of any Paid Services by notifying us before the renewal date. Shapedeep will also provide advance notice of the contract’s expiration and renewal terms as the end of the current term approaches.

Shapedeep may terminate your access to any part of the Services immediately, without prior notice, if you breach any provisions of these Terms. Conditions under which your account may be terminated include, but are not limited to, the following:

Breach of Terms: Non-compliance with any part of these Terms and Conditions, such as violating the acceptable use policy or engaging in illegal activities through the app, can result in immediate termination.
Subscription Cancellation: If you have a paid subscription, failure to renew your subscription or cancellation of your subscription either by you or by us due to non-payment will result in termination of the paid services.
User Request: You may decide to terminate your account at any time for any reason by following the proper account deactivation procedure outlined below.
Operational Necessity: We may need to terminate accounts due to legal requirements, changes to our business model, or decisions to discontinue certain aspects of the service.

Upon termination for cause, you are required to immediately cease all use of the Services, and any outstanding payments become due. Shapedeep will provide an explanation for the termination and, where feasible, an opportunity for you to remedy the breach if possible before termination takes effect.

10. Limited Warranty

Shapedeep warrants that the Paid Services will be provided using reasonably skilled and careful methods and will perform substantially in accordance with the functionality described in the Documentation. This limited warranty covers the Paid Services for a period of ninety (14) days from the date of purchase (“Warranty Period”). If the Paid Services fail to conform to this warranty, you may notify Shapedeep, and we will, at our discretion, either repair the discrepancies or refund the fees paid for the non-conforming services.

This warranty does not apply to problems that arise from user error, abuse, misuse, alteration, or issues related to external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

11. Proprietary Rights and User Data

All rights, title, and interest in and to the Services (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets,” incorporated into the Services), the accompanying printed materials, and any copies of the Services are owned by Shapedeep or its suppliers. The Services are protected by copyright, trademark, and other intellectual property laws and treaties.

You retain all rights to any data, information, or material that you submit to the Services in the course of using the Services (“User Data”).

You grant Shapedeep a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your User Data, but only for the limited purposes of providing the Services to you and as otherwise permitted by Shapedeep’s privacy policies.

12. Data Privacy

Shapedeep is committed to protecting the privacy and security of your personal information. The collection, use, and sharing of your personal data are governed by our Privacy Policy, which is available on our website and updated from time to time. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy.

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We comply with applicable laws and regulations in the handling of such data. Further, we will not share your personal data with third parties except as required by law, as detailed in our Privacy Policy, or as necessary to provide you with Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless Shapedeep, its affiliates, officers, directors, employees, consultants, agents, and suppliers from any and all third-party claims, liability, damages, and/or costs (including but not limited to, attorneys’ fees) arising from your use of the Services, your violation of these Terms, or the infringement by you, or any other user of your account, of any intellectual property or other rights of any person or entity.

14. Limitation of Liability

Shapedeep will not be liable for any direct damages, losses, or liabilities in excess of the subscription fee you paid for the Service during the twelve months preceding the claim. The foregoing limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.

In no event will Shapedeep be liable for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; or (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

15. Right of Withdrawal

As a user, you have the right to withdraw from your contract with Shapedeep within 14 days without giving any reason. The withdrawal period will expire 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or e-mail).

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

16. Language

This agreement is authored in English (US). In cases where translations of this document are available, the English version is the definitive and controlling authority should any discrepancies or conflicts arise between the translated text and the original English text.

17. General Provisions

These Terms of Service, along with any specific orders, embody the full and entire understanding between you and Shapedeep concerning your use of the Services. This agreement nullifies all prior discussions, whether they were oral or written, about the subject matter herein.

Should any part of these Terms be determined to be unlawful, void, or otherwise unenforceable, the rest of the provisions will remain active. In place of the ineffective portion, a suitable, lawful, and enforceable provision that closely reflects the original intent will be applied.

Any failure by Shapedeep to exercise a specific right or provision under these Terms does not constitute a relinquishment of such right or provision. Any waiver of these rights or provisions will only be effective if documented in writing and signed by an authorized representative of Shapedeep.

18. Revisions to Terms

Shapedeep may update or amend these Terms at any time at our discretion. We will notify you of any significant changes by providing a 30-day notice before the new terms become effective. The determination of what constitutes a significant change will be made solely by us.

Changes to these Terms will be announced by posting updated terms on this page and noting the date of the latest update at the top. It is your responsibility to review these Terms regularly. By continuing to use the Services after changes are made, you are expressing your acceptance of the new terms.

19. Governing Law and Dispute Resolution

All matters relating to these Terms and any dispute or claim arising from or related to them (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Any disputes, controversies, or claims that arise from or relate to these Terms or the Services will initially be attempted to be resolved through mutual negotiations. If these negotiations fail, the dispute shall be resolved by binding arbitration conducted by the German Arbitration Institute (DIS), adhering to its Rules of Arbitration. The arbitration award may be enforced in any court of competent jurisdiction.

These sections clearly define the boundaries, changes, and legal considerations of the terms governing the use of your Services, ensuring both parties understand their rights and obligations under the agreement.