Terms and Conditions of Use

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

1. Terms

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. Limited End User License

ListenUp 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.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by ListenUp at any time.

3. 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. ListenUp 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, ListenUp 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. ListenUp 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.

4. 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 ListenUp 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 ListenUp, even if ListenUp or a ListenUp 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.

5. Revisions and Errata

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

6. Links

ListenUp 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 ListenUp of the site. Use of any such linked web site is at the user's own risk.

7. 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 ListenUp. 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 ListenUp, 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 ListenUp 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 ListenUp on the Service are subject to change. In consideration for ListenUp granting you access to and use of the Service, you agree that ListenUp 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.

8. Single User

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

9. 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. ListenUp reserves the right to increase fees, or to institute new fees at any time, upon email notice of 15 days or more.

10. In-App Purchases

If you purchase an auto-renewing periodic subscription through the Service, your ListenUp 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 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.

You agree to pay all fees and applicable taxes incurred by you or anyone using a ListenUp account registered to you. ListenUp 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.

11. 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 ListenUp be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

12. Termination

ListenUp reserves the right to restrict, suspend or terminate your access to ListenUp 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. ListenUp reserves the right to refuse to provide services to you in the future.

13. Refund/Cancellation Policy

You may cancel your subscription to ListenUp 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 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.

14. 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 can be found at https://listenupapp.com/privacy.

15. Terms of Use Modifications

ListenUp 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.

16. Modification of the ListenUp Service

ListenUp may modify its services in any way at any time, including fee-based services. ListenUp 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.

17. Change in Fees or Fee Structure

ListenUp 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 ListenUp site and sent via electronic mail to any subscribers with recurring subscriptions that may be affected.

18. 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.

19. Governing Law

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

General Terms and Conditions applicable to Use of the Service.

20. Your Content

You retain the rights to your copyrighted content or information that you submit to ListenUp ("user content") except as described below.

By submitting user content to ListenUp, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

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.

21. 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 ListenUp.

22. 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 ListenUp that we deem to be infringing the copyright of others. If you become aware of user content on ListenUp that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to ListenUp. A DMCA request can be sent to us via [email protected].

23. Indemnity

All the things you do and all the information you submit or post to ListenUp 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 ListenUp, 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 ListenUp, your violation of this user agreement, and/or your violation of the rights of any third party or person.

24. Contact

If you have any questions regarding these Terms please contact us at [email protected] and we'll do our best to rectify the situation as soon as possible.

Last revised: March 1, 2023