WordClimber Terms of Service

Please read these terms of service carefully. By creating a WordClimber account and using the WordClimber Service You agree to be bound by these terms and conditions for the duration of your Account and use of the Service.

WordClimber is owned and operated by Zimris, LLC (the Company)--a company incorporated in the United States of America, in the state of Arkansas.

These Terms of Service are a legal agreement between You (a natural person) and the Company for use of the WordClimber Service.

Service

The Service is language-learning software designed for foreign language vocabulary acquisition. The Service provides You the ability to organize and store words into a word log. It allows You to record foreign words, meanings, audio, and images. It provides methods for You to study words, reference words entered, and track Your word acquisition progress.

The Service is accessed through a web browser or app on mobile, desktop, or other computing devices over an Internet connection supplied by You at Your own expense, if any.

The Company grants You and each valid User a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the code, graphics, scripts, data, media, and software (the Content) that make up the Service. You may not copy, alter, store, reuse or distribute the Content using any method outside of those offered by the Service without written permission from the Company.

Data Storage

Words and media that You enter into the Service are stored in the Cloud and on Your computing device during usage of the Service.

A method is provided for You to download data You have entered into the Service. While the Company makes data back-ups, You are encouraged to download data from time to time to safe guard Your data.

User Accounts

You register for the Service by completing the registration form. You must supply Your first and last name, an email address and a password. After confirming Your email address Your User Account is activated. If You have a valid User Account, You may access the Service to the extent allowed by the Service Plan Your Account is enrolled in.

You agree to provide true information about yourself and promptly update, using the provided account management tools, any registration information should it change.

You agree that you are 13 years of age or older. If you are registering an Account for a child under thirteen years old please read the “Accounts for Kids” section of the Terms of Service.

Account Security

You agree to keep your account password secure and to log off of the Service when on public computers. Failure to do so may result in unauthorized use of Your User Account.

In the interest of User Account security the Company reserves the right to log out User Accounts that have been inactive for a long time or reset passwords that are thought to have been compromised.

Accounts for Kids

WordClimber is not intended for or marketed to children. However, if You wish to open a User Account for a child that you are the parent or legal guardian of You must provide Your consent by submitting a “Minor Account Request Form” that can be obtained by contacting Customer Support. You agree to supervise the minor’s activities online.

Competitors and Patent Assertion Entities

If You are associated with a competing language learning product, service or company; or, if you are associated with a patent assertion entity, You must notify the Company of your association for Your User Account to be valid.

Service Plans

In order to use the Service, Your Account needs to be enrolled in a Service Plan. Your access to the Service will be based on the current permissions, limitations and levels of service of the Service Plan You are enrolled in. Some Service Plans are paid plans and others are non-paid plans.

Service Plan and Pricing Changes

The Company reserves the right to modify the features and functionality that are included with Service Plans as well as the pricing of paid Service Plans without advance notice to You. Your continued use of the changed Service Plan indicates Your acceptance of the new Pricing and feature set. If You do not agree to the Service Plan or Pricing changes and if no option exists to stay grandfathered into the old Service Plan or Pricing You may cancel Your User Account or enrollment in the Service Plan and receive a refund of increased service fees paid, if any. Refunds must be requested within sixty days of the Service Plan or Pricing change to be valid.

Maintenance Mode Plan

Maintenance Mode is a non-paid Service Plan that Your User Account defaults to in the absence of a valid subscription to another Service Plan. The Maintenance Mode Plan has a limited feature set, some restrictions, and may include advertisements. This plan is designed for when You are no longer actively expanding Your foreign language vocabulary and wish to maintain or retain words You have already entered in Your User Account with the Service. It gives You access to read, view, or listen to data and media You have already entered into the Service but limits Your ability to create or add new word logs, words, or media. Your Account will automatically switch to the Maintenance Mode Plan when any valid paid, trial, or promotional subscription You may have to another Service Plan expires. Your account will remain in Maintenance Mode until You complete the process of enrolling in a different paid or non-paid Service Plan.

Service Plan and Pricing Changes

WordClimber Pro Plan

WordClimber Pro is a paid Service Plan. The WordClimber Pro Plan provides You with access to premium features and functionalities that are not available in the Maintenance Mode Plan. Some of the features and functionalities included in the WordClimber Pro Plan that are not available in the Maintenance Mode Plan include: adding word logs, adding words, adding images to words, adding audio to words, and using word import tools. Additionally, WordClimber Pro is ad-free.

Other Plans

The Company may make other paid, non-paid, or promotional Service Plans in addition to those listed above. These Other Service Plans may be offered to the general public or to select individuals or groups of people. The Plans may have different levels of Service, features and limitations.

Paid Service Plan Subscriptions

If You choose to enroll in a Paid Service Plan, You will be prompted to provide Your billing information, which includes credit card details and may also include billing phone number, address, and zip code. Upon enrolling in a Paid Service Plan, You agree to pay the Service Plan’s published service fees at the time of enrollment. Service fees are charged to the credit card You provide in monthly, quarterly, or annual increments depending on what You select. Service fees will be charged until You cancel or downgrade Your User Account to a Service Plan with no service fee. As long as your subscription to the Paid Service Plan is in effect, even if You do not login or otherwise use Your User Account during a billing period You will still be charged. If a billed service fee goes unpaid or billing information is determined to be incorrect, the Company reserves the right to limit Your access to the Service, change Your User Account to a non-paid Service Plan, or cancel Your User Account.

Trial Subscriptions

Upon creating a User Account, at the Company's sole discretion You may be enrolled in a forty-five day Trial Subscription of a Paid Service Plan as a free gift. This Trial Subscription, if provided to you, is designed to allow you to experience the premium features provided in a Paid Service Plan so that you can make an educated decision about enrolling in a Paid Service Plan. Unless You enroll in a Paid Service Plan, when the Trial Subscription period expires Your Account will be switched to our Maintenance Mode plan or other non-paid Service Plan.

Promotions

The Company may make promotions available to select individuals or groups of people from time to time in the form of a Promotional Code (or promo code) at its sole discretion. Promotional Codes may have special discounts, trial subscription periods, or complimentary subscription periods associated with them. Promotional codes may be limited by expiration date or quantity available and may be single use or perpetual. If a valid, unredeemed Promotional Code is applied to Your Account, You may redeem the promotion and receive any associated discount or promotional Service Plan subscription period through the "manage subscriptions" section of Your Account. Depending on the type of promotion, the promotion will either be applied during the process of enrolling in a Paid Service Plan Subscription or by clicking an "Activate Promotion" button. Only one Promotion Code may be applied to an Account at any given time. The Company reserves the right to cancel or void a Promotional Code at any time for whatever reason.

Special Programs

The Company may make Special Programs available for Users to enroll in. The Early User Program and Language Educator Program are examples of Special Programs. These programs may give enrolled Users access to different Service Plans or Service Features than those available to Users who are not enrolled in a Special Program. Enrollment in a Special Program is at the sole discretion of the Company and may be cancelled at any time, for any reason, without giving notice. Likewise the Special Programs eligibility rules and requirements for enrollment may be amended or changed at any time by the Company without giving notice.

Special Programs may carry additional Terms of Service (a Rider) in addition to those contained in This Agreement. If any conflict in interpretation of the Terms of Service contained in a Rider and This Agreement arises, the narrowest or most strict interpretation of the Terms in conflict will be applied.

"Free for Life" Reviews

Some Service Plans include "Free for Life" Reviews. This is a marketing term used by the Company. It means the User will have access for the life of the Account or the life of the Service to access the words and media entered by the User while under a Service Plan that offers "Free for Life" Reviews even after their enrollment in the Service Plan ends.

In App Purchases

The Company may make in-app upgrades or features available for purchase to You. If You choose to make an in-app purchase You will be prompted to provide billing information, which includes credit card details and billing address. Associated charges for the purchase will be billed to the credit card provided immediately and the You agree to pay such charges.

Notifications and Emails

From time to time You will receive email notifications and messages from the Service or from the Company about the Service. These messages include but are not limited to: account activity; study reminders; password and email change confirmations; notifications of improvements or changes; goal progress updates; achievement celebrations; billing emails; account security messages; and offers or promotional messages about Paid Service Plans. You are automatically enrolled in receiving notifications and emails from the Service or from the Company about the Service upon creating an Account with the Service. These notifications and emails are considered part of the Service and as such no method is provided to opt-out of receiving them other than by cancelling the User Account associated with the email address.

Improvements and Changes

The Company reserves the right to modify the Service by adding or removing features and functionality at the discretion of the Company without notice to You. These Terms of Service will govern any additions to the Service.

Disputes and Complaints

Any disputes or complaints (the Issue) You have with the Company or about the Service must be initiated within six months of the time period covered in the dispute or complaint. The Issue must first be brought to the attention of the Company through available customer service channels. If Customer Service is unable to resolve the Issue, it will be forwarded to a senior staff member or officer of the Company for resolution. If the Issue requires legal proceedings to resolve, those proceedings will occur in the United States of America in the state of Arkansas. Damages will be limited to actual service fees You paid (if any) or up to one year of service fees if You have been on a Paid Service Plan for longer than one year.

Acceptable Use

You agree to only access the Service using the official methods provided and to use the Service as it is designed and intended for use.

The following activities are prohibited:

Uploading obscene or illegal content
Uploading content that you do not have permission to upload
Uploading or transmitting a virus, file or program that corrupts, disables, or damages computer equipment
Hacking or attempted hacking of the Service or User Accounts
Interference with the network or servers used by the Service
Copying or reverse engineering code or processes used by the Service
Copying or scrapping data from the Service
Accessing the Service in an unauthorized way
Using features that are not included in Your Service Plan
Publishing or sharing a Promotion Code outside of the intended audience for the Promotion Code
Using a Promotion Code in a manner that causes You to receive a greater discount or longer promotional subscription period than intended for the Promotion Code
Deleting or editing other user’s content without permission
Engaging in troll like or harassing behavior
Violating any applicable federal state or local laws
Impersonating another user or Company staff member
Forging of headers or network requests
Failing to secure Your User Account from use by others
Reselling, re-packaging, or re-licensing the Service without an explicit agreement to do so from the Company
Engaging in credit card fraud or exploiting the payments system
Exploiting bugs or glitches in the Service for personal gain
Engaging in other disruptive or damaging behaviors
Violation of copyrights or trademarks of the Company or Service

If any of these activities are reported to or discovered by the Company it may immediately and without notice freeze or terminate Your User Account and access to the Service. The Company may also report the activity to authorities and or initiate legal proceedings depending on the scope and severity of the unauthorized use.

Termination and Cancellation

The Company may at its sole discretion and for any reason, cancel Your User Account or terminate this Agreement. Terminated User Accounts will be disabled and associated data may be deleted.

If You terminate Your User Account via means provided in the Service or through a request to Customer Support and You request that Your data be deleted, the Company will make reasonable efforts to do so.

Limitation of Liability

The Service is provided “as is.” The Company, its affiliates, suppliers, and resellers, make no claims, representations or warranties of the Services’ suitability for You or results that may be obtained through use of the Service. Use of the Service is at Your sole risk. It is up to You to exercise Your own judgment in determining the suitability and usefulness of the Service.

From time to time the Service may experience technical problems like bugs, server issue, data loss, website security incidents or network attacks. The Company cannot anticipate or prevent all technical problems from occurring. The Company will work to resolve problems that may arise in a timely manner but the Company, its affiliates, suppliers, and resellers have no responsibility or liability for losses that may result from technical problems, accidental deletions of data, or failures to transmit or store data.

International Users

If You reside in a place other than the United States of America You agree to only use the Service in ways that comply with all local rules and or laws that relate to web service usage, online conduct and transmission of data of the place You reside while using the Service.

Entire Agreement

This Agreement and any applicable Riders from Special Programs are the entire agreement between You and the Company governing use of the Service. It supersedes and replaces any other or prior agreements entered into by You and the Company regarding the Service.

If any part of the Terms of Service or applicable Riders are found to be unenforceable or invalid, that portion will be amended to achieve as close as possible the same intended effect of the original provision and the remainder of the Terms of Service or Rider will continue in full force and effect.

Notification of Changes

If there is a material change to the Terms of Service, the Company will notify You of the revised terms of service by email, through a notification at Your next login or by posting the updated Terms of Service to the Service. Your continued use of the Service will indicate your agreement with the updated Terms of Service.

Last updated May 14, 2019