Terms of Service

1. Acceptance of Terms

By creating an account on LingViet (“the Service”) at lingviet.com, you will be presented with an explicit checkbox reading: “I have read and agree to the Terms of Service and Privacy Policy.” Checking that box and clicking the sign-up button constitutes your binding, clickwrap acceptance of these Terms. If you do not agree, do not create an account or use the Service.

These Terms constitute a legally binding agreement between you and LingViet LLC, an Idaho limited liability company. Your acceptance is logged with a timestamp and associated with your account record.

If you access the Service without creating an account, your continued use constitutes acceptance of these Terms under a browsewrap theory, but you acknowledge that the clickwrap mechanism is the preferred and primary means of acceptance.

2. Description of Service

LingViet is an AI-powered Vietnamese language learning platform that provides personalized study sessions, vocabulary tools with spaced repetition, progress tracking, and related educational features. Certain features are available free of charge; others require a paid Pro subscription as described in Section 6.

The Service may include embedded third-party content — such as podcast players hosted by Spotify — as supplemental learning resources. This content is provided for convenience and educational value only. LingViet LLC is not affiliated with, endorsed by, or in partnership with the creators of any embedded third-party content unless explicitly stated. Third-party content is subject to the terms and privacy policies of its respective provider.

3. Eligibility

You must be at least 13 years old to use LingViet. By using the Service, you represent and warrant that you meet this age requirement.

If you are between 13 and 17 years of age, your parent or legal guardian must review these Terms and the Privacy Policy, and by permitting you to use the Service, they agree to these Terms on your behalf and accept responsibility for your use of the Service. LingViet LLC reserves the right to require verifiable parental consent for users under 18 at any time.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and these Terms apply to that entity.

4. User Accounts

• You must provide accurate, current, and complete information when creating an account and keep it updated.
• You are solely responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately at lingviet.support@gmail.com if you suspect unauthorized access to your account.
• You may not share, sell, sublicense, or transfer your account to any other person.
• We reserve the right to suspend or terminate accounts that violate these Terms, with or without prior notice depending on the severity of the violation.
• Upon account deletion, we will process deletion of your personal data as described in the Privacy Policy.

5. Feedback and Suggestions

If you submit ideas, suggestions, feedback, or recommendations regarding the Service (“Feedback”), you hereby assign to LingViet LLC all right, title, and interest in and to such Feedback, including all intellectual property rights. LingViet LLC may use Feedback for any purpose without restriction, attribution, or compensation to you. You represent that your Feedback does not contain confidential information belonging to a third party.

6. Pro Subscription and Payments

Subscription

LingViet offers a paid Pro tier granting access to additional features. Subscriptions are billed on a recurring basis at the interval you select (monthly or annually) at the price displayed at checkout.

Auto-Renewal Disclosure

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. By subscribing, you authorize LingViet LLC (through our payment processor) to charge your payment method on a recurring basis without further authorization until you cancel. You will receive a reminder email before each renewal.

Payment

All fees are stated in USD. Payments are processed by our third-party payment processor (currently Stripe, Inc.). LingViet LLC does not store raw payment card data. By providing payment information, you agree to Stripe's terms of service.

Pricing Changes

We reserve the right to change subscription pricing. We will provide at least 30 days' advance notice of any price change via email to your registered address and via an in-app notice. Your continued subscription after the price change takes effect constitutes acceptance of the new price. If you do not agree to the new price, you must cancel before the renewal date.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting lingviet.support@gmail.com. Upon cancellation:

• Your Pro access continues until the end of the current paid billing period.
• You will not be charged for the following period.
• No refund is issued for the remaining days of the current billing period, except as required by applicable law or as described below.

Termination by LingViet — Refunds

• If LingViet LLC terminates your account for cause (violation of these Terms), no refund will be issued for the remaining subscription period.
• If LingViet LLC terminates your account without cause, you will receive a prorated refund for the unused portion of your current billing period.

Refunds

Except as stated above or required by applicable law, all subscription fees are non-refundable. If you believe you are entitled to a refund, contact us at lingviet.support@gmail.com within 14 days of the charge in question.

Failed Payments

If a payment fails, we will retry the charge and notify you by email. If payment cannot be collected after reasonable attempts, your Pro access may be downgraded to the free tier until payment is resolved.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations
• Attempt to reverse engineer, scrape, decompile, or exploit the platform or its underlying systems
• Upload, transmit, or distribute harmful, offensive, defamatory, or malicious content
• Circumvent any access controls, authentication systems, or subscription restrictions
• Impersonate any person, entity, or LingViet LLC employee
• Use automated tools (bots, scrapers, crawlers) to access the Service without our express written permission
• Resell or sublicense access to the Service

8. AI-Generated Content

LingViet uses third-party artificial intelligence (Anthropic's Claude API) to generate language learning content, including reading passages, listening transcripts, writing prompts, and quiz questions. You acknowledge and agree that:

• AI-generated content is provided for educational and entertainment purposes only and is not a substitute for professional language instruction.
• LingViet LLC does not guarantee the accuracy, completeness, grammatical correctness, or cultural appropriateness of any AI-generated content.
• You should not rely on AI-generated Vietnamese content for critical or professional communications, medical, legal, or safety-related purposes.
• LingViet LLC is not responsible for any real-world consequences arising from reliance on AI-generated language content.
• AI systems can produce errors, and tone marks, regional dialects, and idiomatic usage may not always be rendered correctly.

LingViet LLC is not liable for any claim arising from the content generated by AI systems integrated into the Service.

9. Intellectual Property

LingViet Content

All content, branding, software, design, and materials comprising the Service are owned by LingViet LLC or its licensors and protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Your Data

Your account data — including your answers, progress metrics, saved vocabulary, and profile information — remains yours. LingViet LLC claims no ownership over your personal data. You grant LingViet LLC a non-exclusive, royalty-free, worldwide license to store, process, and display your data solely as necessary to provide and operate the Service.

Aggregated Data

LingViet LLC may use de-identified, aggregated data derived from usage of the Service (with no personally identifiable information) to improve the platform, develop features, and conduct research.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY SERVICES, CONTENT, OR LINKS ACCESSIBLE THROUGH THE SERVICE.

WE DO NOT GUARANTEE ANY SPECIFIC LANGUAGE LEARNING OUTCOMES. RESULTS VARY BY INDIVIDUAL EFFORT, PRIOR KNOWLEDGE, AND OTHER FACTORS OUTSIDE OUR CONTROL.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINGVIET LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID LINGVIET LLC IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50).

Exceptions: Nothing in these Terms limits LingViet LLC's liability for: (i) fraud or willful misconduct; (ii) death or personal injury caused by our gross negligence; or (iii) any liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless LingViet LLC, its members, officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any content you submit through the Service. LingViet LLC reserves the right to assume exclusive control of any matter subject to indemnification by you, at your expense.

13. Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal proceeding, you agree to first contact us at lingviet.support@gmail.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If the dispute is not resolved informally, you and LingViet LLC agree that any claim, dispute, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND LINGVIET LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS PROCEEDING.

Opt-Out

You may opt out of binding arbitration by sending written notice to lingviet.support@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes shall be resolved exclusively in the courts described in Section 14.

Small Claims

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

14. Governing Law

These Terms are governed by the laws of the State of Idaho, without regard to its conflict of law provisions. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Ada County, Idaho.

15. Export Controls

You represent and warrant that (a) you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and (b) you are not listed on any U.S. government list of prohibited or restricted parties. You may not use or export the Service in violation of U.S. export laws and regulations.

16. Termination

By You

You may delete your account at any time through account settings or by contacting lingviet.support@gmail.com. Deletion requests will be processed in accordance with the Privacy Policy.

By LingViet LLC

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms, is harmful to other users or to us, or for any other reason at our discretion. Refund obligations upon termination are governed by Section 6.

Upon termination, all licenses granted to you under these Terms immediately terminate, and you must cease use of the Service.

17. Changes to These Terms

We may update these Terms from time to time. “Material changes” means any modification that: reduces your rights under these Terms, increases your fees or financial obligations, changes the dispute resolution process, or materially alters how we collect or use your data.

For material changes, we will provide at least 30 days' advance notice via email and an in-app notice. For non-material changes, the updated Terms will be posted with a new “Last Updated” date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. General Provisions

Severability: If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and LingViet LLC regarding the Service and supersede all prior agreements, representations, and understandings.

No Waiver: LingViet LLC's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment: LingViet LLC may assign these Terms and any rights hereunder (including in connection with a merger, acquisition, or sale of assets) without your consent. You may not assign your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this section is void.

Force Majeure: LingViet LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government action, internet or infrastructure failures, or third-party service outages.

Contact: For questions about these Terms: lingviet.support@gmail.com — LingViet LLC, Idaho, USA.