Terms and Conditions of Use

1. General

   The terms "we", "us", "Clozemaster" refer to Language Innovation LLC, which owns and operates the Clozemaster websites ("Websites"), Clozemaster mobile applications ("Apps"), and related services. "You" refers to a visitor of the Clozemaster.com website and/or user of the Clozemaster mobile applications. The products, software, and services provided on the Clozemaster websites and mobile applications are referred to as the "Service".

   By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications, as well as all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Service are protected by applicable copyright and trade mark law.

2. Description of Website and Service

   The Service allows users to access and use a variety of educational services, including learning or practicing a language. Clozemaster may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

3. Acceptable Use of the Services

   You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.

4. Limited End User License

   1. Clozemaster grants you a non-exclusive, non-transferable, limited right to access, use and display the online products you subscribe to or license (the "Content") made available via the Service, provided that you comply fully with this Agreement. The Content is only for your personal, noncommercial use. Each license is for use by one individual. Each additional user requires a separate license. This is the grant of a license, not a transfer of title, and under this license:
      1. You agree not to access or attempt to access the Service by any other means other than the interface provided on the Websites and Apps.
      2. You agree not to access or attempt to access the Service through any automated means.
      3. You agree that you will not attempt to interfere or disrupt the Service or the infrastructure (servers, networking equipment) providing the Service.
      4. You agree that you will not copy, duplicate, distribute, reproduce, sell, resell, rent, trade, lease, license or reverse engineer the Service.
   2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Clozemaster at any time.

5. Disclaimer

   The Service (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) is provided AS IS. Clozemaster makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement of intellectual property or other violation of rights. Further, Clozemaster does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials by the Service or otherwise relating to such materials or on any sites linked to by the Service. Clozemaster does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, or that the Service, fee-based or not, will meet any particular criteria of performance or quality.

6. Limitations

   Use of the Service is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Service. In no event shall Clozemaster or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Clozemaster, even if Clozemaster or a Clozemaster authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Revisions and Errata

   The materials appearing on Clozemaster's services could include technical, typographical, or photographic errors. Clozemaster does not warrant that any of the materials provided by the Service are accurate, complete, or current. Clozemaster may make changes to the materials provided by the Service at any time without notice. Clozemaster does not, however, make any commitment to update the materials.

8. Links

   Clozemaster has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Clozemaster of the site. Use of any such linked web site is at the user's own risk.

9. Third-Party Links, Sites, and Services

   The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Clozemaster. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Clozemaster, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Clozemaster shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

   The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Clozemaster on the Service are subject to change. In consideration for Clozemaster granting you access to and use of the Service, you agree that Clozemaster and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

10. Registration

    In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Clozemaster; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Clozemaster, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

11. Single User

    Each assigned username for a Clozemaster online service is to be used solely by the individual to which it was issued.

12. Agreement To Pay

    You agree to pay, using the credit information you provided us, the periodic subscription charges, applicable taxes, and other charges incurred on your account in order to access any fee-based services to which you have subscribed. Clozemaster reserves the right to increase fees, or to institute new fees at any time, upon email notice of 15 days or more.

13. Paid Subscriptions

    If you purchase an auto-renewing periodic subscription through the Service, your Clozemaster account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to the website or app store through which you made the purchase, (Google Play or Apple App Store, and follow instructions to terminate or change your subscription, even if you have deleted your account.

    If you select the Lifetime subscription, this will be charged as a one-off upfront payment without any renewals. Lifetime subscription constitutes 100 years or until the date Clozemaster ceases to commercially offer the Services.

    You agree to pay all fees and applicable taxes incurred by you or anyone using a Clozemaster account registered to you. Clozemaster may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

14. Payment Processors

    All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Clozemaster be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

15. Termination

    Clozemaster reserves the right to restrict, suspend or terminate your access to Clozemaster services, fee-based or otherwise, in whole or in part, with respect to any breach or suspected breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of your license or subscription. Clozemaster reserves the right to refuse to provide services to you in the future.

16. Refund/Cancellation Policy

    You may cancel your subscription to Clozemaster at any time for any reason whatsoever. In the event of a cancelation, there will be no recurring charges made to your credit card. If you cancel within the first 30 days of the commencement of a yearly subscription purchased via the website you can apply for a refund by emailing cancel@clozemaster.com. If you disable automatic renewals for a fee-based subscription plan, access to the product will remain in effect for the remainder the subscription, but you will not be charged again, all recurring billing will cease, and the subscription will lapse as of its end date.

17. Privacy Policy

    We will not sell, rent or give your personal information to any third party for marketing or other purposes without your explicit consent. Further information on our Privacy Policy and how we use your data can be found at https://www.clozemaster.com/privacy.

18. Terms of Use Modifications

    Clozemaster may revise these terms of use for the Service at any time without notice. By using the Service you are agreeing to be bound by the then current version of these Terms and Conditions of Use. If you are not satisfied with any such changes your only recourse and right is to cancel your subscription and/or your account.

19. Modification of the Clozemaster Service

    Clozemaster may modify its services in any way at any time, including fee-based services. Clozemaster may impose limits on any features and/or services or restrict your access to parts or all of the Service without notice or liability. If you are not satisfied with any such changes your only recourse and right is to cancel your account.

20. Change in Fees or Fee Structure

    Clozemaster may change fees or fee structure for any product or service, including recurring subscriptions, at any time. Notice of any such changes will be posted in advance on the Clozemaster site and sent via electronic mail to any subscribers with recurring subscriptions that may be affected.

21. Further Legal Disclaimer

    Should any part of this document be shown to be legally incoherent or inapplicable, you understand that the relevant inadmissible section will be excised from this agreement without any diminution to the legal force or relevance of any and all other sections, which will continue to stand.

22. Governing Law

    Any claim relating to Clozemaster's services shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.

23. Submission of Content

    As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Clozemaster a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Clozemaster, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Clozemaster have any obligation to you or anyone else to maintain the confidentiality of the Content.

    You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Clozemaster’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Clozemaster or its users to any harm or liability of any kind; or (iii) violates Clozemaster’s Community Guidelines.

    Please take a look at our privacy policy for an explanation of how we may use or share information submitted by you or collected from you.

24. We Don’t Endorse User Content

    We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Clozemaster. This includes content for the custom cloze-text and custom cloze-collection features, as well any other user submitted content on Clozemaster.

25. Copyright, DMCA, and Takedowns

    We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Clozemaster that we deem to be infringing the copyright of others. If you become aware of user content on Clozemaster that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Clozemaster. A DMCA request can be sent to us via support@clozemaster.com.

26. Indemnity

    All the things you do and all the information you submit or post to Clozemaster remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way. Specifically, you agree to hold Clozemaster, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Clozemaster, your violation of this user agreement, and/or your violation of the rights of any third party or person.

27. Contact

    If you have any questions regarding these Terms please contact us at support@clozemaster.com and we'll do our best to rectify the situation as soon as possible.

Last revised: December 30, 2023