End User License Agreement for PTF Languages

This End User License Agreement (“Agreement”) is a legal agreement between you and Passport To Fluency (“we,” “us,” or “Licensor”) for the iOS application PTF Languages (the “Licensed Application”). The Licensed Application is licensed, not sold, to you. By downloading or using PTF Languages, you agree to this Agreement. If you do not agree, do not use the Licensed Application.

This Agreement meets and includes the minimum terms of Apple’s Licensed Application End User License Agreement. Apple’s standard EULA is available at apple.com/legal/internet-services/itunes/dev/stdeula. Where this Agreement is silent, Apple’s standard terms still apply.

1. The Licensed Application

PTF Languages lets you access language-learning products operated by us:

• Expat Ally for Spanish.
• Brazilian Flow for Portuguese.

Course catalogs, lesson content, and account features may change as we update the Licensed Application and the related websites.

2. Accounts — website only

You cannot create an account inside PTF Languages or through the Apple App Store. The Licensed Application only signs in to an existing Expat Ally or Brazilian Flow account that you created on the corresponding website. An Apple ID is not an PTF Languages, Expat Ally, or Brazilian Flow account.

You are responsible for keeping website login credentials confidential and for all activity under your account. We may suspend access if we reasonably believe the account is being used in violation of this Agreement or applicable law.

To register, reset a password, change a plan, or delete an account, use the Expat Ally or Brazilian Flow website or email support@passporttofluency.com.

3. Scope of license

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time, except as Apple’s Usage Rules expressly allow (for example Family Sharing, where applicable).

You may not:

• Copy, modify, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works of the Licensed Application, except to the extent permitted by law.
• Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application.
• Remove proprietary notices, or use our names, product names, or marks without permission, except as needed to use the Licensed Application.
• Use the Licensed Application to violate law, infringe others’ rights, or interfere with other users or our systems.

All rights not expressly granted are reserved. Content inside Expat Ally and Brazilian Flow (lessons, audio, text, media, trademarks) remains our property or that of our licensors and is licensed to you only for personal, non-commercial language study.

4. Maintenance and support

We, not Apple, are solely responsible for providing any maintenance and support for the Licensed Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. Support is available at passporttofluency.com/contact and support@passporttofluency.com.

5. Updates

We may provide updates that modify or discontinue features. Updates may be required for continued use. This Agreement applies to updates unless they come with separate terms.

6. External services

The Licensed Application connects to Expat Ally, Brazilian Flow, and other online services. Use of those services is also subject to their website terms and our Privacy Policy. We are not responsible for third-party networks, Apple services, or outages outside our control.

7. Consent to use of data

You agree that we may collect and use technical data and related information — including but not limited to technical information about your device, system, application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application. We may use this information as described in the Privacy Policy, in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

8. No warranty

To the maximum extent permitted by applicable law, you acknowledge that the Licensed Application is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Language content is educational and is not legal, medical, or professional advice.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if you paid Apple a purchase price). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

9. Limitation of liability

To the extent not prohibited by law, in no event shall we or our suppliers be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages exceed the amount of fifty dollars (US$50.00), except as required by law. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

10. Product claims

You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

11. Intellectual property

You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

12. Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Termination

This Agreement is effective until terminated by you or us. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must stop using the Licensed Application and destroy all copies in your possession. Sections that by their nature should survive (including ownership, disclaimer of warranty, limitation of liability, and Apple’s third-party beneficiary rights) will survive.

14. Apple as third-party beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

15. Governing law

Except where prohibited by the mandatory consumer-protection laws of your country of residence, this Agreement is governed by the laws applicable to Passport To Fluency’s operation of the Licensed Application, excluding conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this Agreement limits rights you may have as a consumer that cannot be waived by contract.

16. Contact

Questions about this Agreement: Passport To Fluency, support@passporttofluency.com. Contact page. Privacy Policy.