Terms of Use

Welcome to Gracely.

Gracely is an offline language learning application for the global language learning market, (the "App") owned and operated by Language Dashboard, LLC (with company number 88-4293478 and registered office at Kagan, Stern, Marinello & Beard, LLC - 238 West Street Annapolis, Maryland 21401 and available in the Apple App Store (hereinafter referred to as "we, us, our" or "Language Dashboard"). We focus on providing foreign language content in easily accessible snippet form ideally suited for those who have already been exposed to the basics of a language (the "Services").  

By using the App or accessing any content or material that is made available by Language Dashboard through any other means, you understand and agree to accept and adhere to the following terms and conditions as stated herein.

1. Accessing the Services 

In order to access our Services, whether or not you are a new, existing or former user, you confirm that you have read these Terms. Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy Policy. We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made, so that you know when we last updated the Terms. This also applies to our Privacy Policies. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not access or continue to use our Services. 

Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.

By using our Services, you confirm that: 

(i) you are at least 18 years old. Users that are younger than 18, must not use the App or Services without the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms; 

(ii) you have read, understood, and agree to be bound by these Terms, including any future modifications.

2. Responsible use and conduct

By accessing the content, resources, services, products, and tools we provide for you through the App, either directly or indirectly (hereafter referred to as "Resources"), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines ("Acceptable Use"). 

(i) Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. 

(ii) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

(iii) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, and you may incur criminal or civil liability.

(iv) You are not allowed to use our App and Services in a way which may impinge on the rights and freedoms of individuals.

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Language Dashboard LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Acceptable Use Policy. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. 

3. Privacy Policy

Our Privacy Policy is available here and your use of Gracely constitutes your acknowledgement of and agreement with these terms and our Privacy Policy.

4. Our Content 

All of the content available through the Services (including reports, data, databases, tools, code, photographs, pictures, interfaces, designs, text, graphics, images, information ("Software"), audio and other media files, their selection and arrangement, materials and all other intellectual property rights are owned by us ("Our Content"). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services.

Our name Gracely™ and any accompanying logo(s) are our registered trademark/service marks. You are granted no general right or commercial license with respect to our trademarks, service marks and logos.

5. End User License Agreement (EULA)  

5.1 Acknowledgement

This EULA is concluded between you and Language Dashboard, and Language Dashboard, not Apple, is responsible for the Licensed Application and the content therein.  

5.2 Scope

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use ("License"). Your License to use Our Content is restricted to use of the object code of the Software, and it is a condition of the License that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the App by any means other than through the interfaces that are provided by us for use in accessing the Service.

The Gracely™ software application is licensed, not sold, to you, and Language Dashboard and its licensors retain ownership of all copies of the software application even if you have downloaded such Resources to your personal devices.

5.3 Maintenance and Support

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.  

5.4 Legal Compliance  

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

5.5 Third Party Beneficiary

Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and your use of the App constitutes acceptance of the terms and conditions of this license agreement, acknowledging Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

6. Payment

Gracely is available as a paid download in the Apple App Store. Payment is made via a one-time purchase through your Apple account. The price of the app is displayed in the App Store and may vary by region. Your purchase will be charged to your Apple account at confirmation of purchase. There are no subscription fees or additional in-app purchases required to use the full functionality of the app.

Refunds for app purchases are subject to Apple's refund policies and procedures. We do not handle refunds directly. If you have an issue with the app or believe you are entitled to a refund, please contact Apple Support directly.

By making a purchase in the App Store, you acknowledge that Apple is responsible for processing your payment, and Language Dashboard is not involved in the payment transaction. In case of payment issues or refund requests, you need to contact Apple, not Language Dashboard.

7. User conduct

We will report any violations to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a violation, your right to use our Services will cease immediately.

8. No representation or warranty 

We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses. You are responsible for configuring your information technology, computer and mobile phone programs and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

You understand and agree that the Services are provided "as is" and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. 

Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

9. Limitation of Liability  

You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inability to access the Services, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. 

The maximum aggregate liability of us to you in relation to any Services shall, to the fullest extent permitted by applicable law, not exceed the total amount of the fees paid by you to us for the Services in the twelve (12) months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.

10. Miscellaneous

10.1 Indemnification 

You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your use of the Services, your connection to the Services, your breach of these Terms of Service, or your violation of any rights of another person or entity.

10.2 Severability and waiver 

Unless as otherwise stated in these Terms of Service, should any provision herein be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Language Dashboard or any third-party beneficiary to enforce the Terms of Service or any provision thereof shall not waive Language Dashboard or the applicable third party beneficiary's right to do so.

10.3 Entire Agreement  

You agree that these Terms of Service represent the entire understanding between us and you with regard to the subject matter herein, and these Terms of Service supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.

10.4 Assignment 

Language Dashboard may assign the Terms of Service or any part of them, and Language Dashboard may delegate any of its obligations herein. You may not assign the Terms of Service or any part of them, nor transfer or sub-license your rights under the Terms of Service, to any third party.

10.5 Apple-Specific Terms

- You acknowledge and agree that these Terms are between you and Language Dashboard only, and not with Apple. Apple is not responsible for the App or its content. 

- Your use of the App must comply with the App Store Terms of Service.

- Apple has no obligation to furnish maintenance or support for the App.

- In the event of failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.

- Apple is not responsible for addressing any of your claims or those of any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation.

- Apple and its subsidiaries are third party beneficiaries of these Terms as related to your license of the App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

11. Governing Law / Jurisdiction 

The Services are controlled by Language Dashboard LLC, a company registered in the United States of America (USA) in the State of Maryland. As each country has laws that may differ from those of the USA, by accessing our Services, you agree that the statutes and laws of the USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods or any other foreign privacy laws, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.

Furthermore, any action to enforce these Terms of Service shall be brought in the courts located in the State of Maryland, USA. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Any notices or other communication given by you to us shall be done via our support email at info@languagedashboard.com.

12. Language  

This Terms of Service was originally written in English. To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.