Welcome to ALULA!
These terms and conditions outline the rules and regulations for the use of ALULA's Website, located at https://alulaenglish.com.
Momentech Canada Inc, a Canadian corporation ("Momentech") makes available the "Site" (websites including, without limitation, www.alulaenglish.com and all subdomains), "Software" (softwares and mobile applications), "Apps" (mobile applications), and "Services" (including, without limitation, English lessons, grammar checks, pronunciation helpers, and English study tools) to help people communicate more effectively.
"ALULA" (Software for studying English which operates the Site and Services) is the intellectual property of Momentech. Momentech owns all intellectual property rights and copyright to ALULA.
By accessing this website we assume you accept these terms and conditions (this "Agreement"). Do not continue to use ALULA if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person who logs on, browses, or uses the Site, Services, or the Software, or the person who represents the Business Subscriber (as defined below). "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
If you are accessing the Site to use the Services without a Premium Membership (as defined below) or otherwise browsing the Site, you are a "Free Member". If you are an individual subscriber with an active, paid membership that has not been cancelled ("Premium Membership"), you are a "Premium Member". If you are a Free Member or a Premium Member, this Agreement is between you, individually, and Momentech.
If you are an employee, faculty member, or a student of a university, school, or other entity or organization that has subscribed to the Services and Software (a "Business Subscriber"), you are an "Authorized User" of your Business Subscriber and (i) you represent that you have your Business Subscriber's permission and authority to use the Site, Services, and Software subject to this Agreement, (ii) this Agreement is an agreement between you, individually, and Momentech, and (iii) your Business Subscriber is jointly responsible for your use of the Site, Services, and Software.
If you are entering into this Agreement on behalf of a Business Subscriber, you represent that you have the authority to bind the Business Subscriber to this Agreement, in which case references to "you" in this Agreement shall mean the Business Subscriber. If you do not have such authority, you must not accept this Agreement and may not use the Site, Software, or Services.
This Agreement shall begin on the date hereof.
Unless otherwise stated, ALULA and/or its licensors own the intellectual property rights for all material on ALULA. All intellectual property rights are reserved.
If you are a Free Member registered with the Site: In consideration of your acceptance of this Agreement, Momentech grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services, and the Software solely for your own personal purposes. You may use such Services and Software only for non-commercial evaluation purposes with the limit of 1 lesson per day, with a lifetime total of 10 lessons on our Site, and the limit of a lifetime total of 3 lessons on our App in a single device.
If you are a Premium Member registered with the Site: In consideration of your acceptance of this Agreement and your payment of all applicable Fees (as defined below), Momentech grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services, and the Software solely for your own personal purposes. You may use our Site and App with the limit of 300 lessons per month in total if you are a Premium Member registered with the Site.
If you are a Business Subscriber: In consideration for your agreement ot this Agreement and your payment of all applicable Fees (as defined below), Momentech grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services, and the Software solely for your internal business purposes. In addition, you may permit such number of Authorized Users as has been agreed between you and Momentech to access and make use of the Site, Services, and Software. Each Authorized User of a Business Subscriber may use our Site and App with the limit of 300 lessons per month in total.
If you are an Authorized User: In consideration for your agreement to this Agreement and your Business Subscriber's payment of all applicable Fees (as defined below), Momentech grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services, and the Software solely for the internal business purposes of your Business Subscriber.
For all users, you may use the Server-Side Speech to Text functionality (i.e. the microphone feature where usage limit is clearly shown to you) for up to 15 minutes per account, with each usage rounded up to the nearest increment of 15 seconds. You agree not to exceed this time limit.
You may not start two or more consecutive, different lessons within 3-minute period if you start more than 15 lessons in any 24-hour period.
If you are a Business Subscriber, this restriction applies to each of your Authorized Users individually, not to your overall use of the Site, Services and Software.
You must not:
Parts of the Site offer an opportunity for users to practice English by entering textual content ("Comments") into a lesson input area.
These Comments are not sold to any third parties, nor will they be used to generate and send advertisement to you.
You retain copyright in your Comments. By submitting Comments, however, you hereby grant Momentech a worldwide, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and use in any other manner that may be hereafter developed in connection with our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels that exist now or may be developed, with exception of manner as described in the second paragraph of this section.
By completing the registration process, you are agreeing to use the Services subject to the terms and conditions of this Agreement. You agree to provide Momentech with accurate and complete registration information and to promptly notify Momentech in the event of any changes to any such information.
You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Momentech if there is any reason to believe that a user ID, password or any other security device issued by Momentech has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Momentech reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request.
You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall Momentech be liable for any loss or damages relating to such activity.
Business Subscribers shall ensure that the total number of Authorized Users does not exceed the maximum number of seats authorized by and purchased from Momentech (each of which seats represents a unique (named) Authorized User). Business Subscribers may assign different Authorized Users to the seats authorized by and purchased from Momentech, so long as the total number of Authorized Users at any time does not exceed the maximum number of seats authorized by and purchased from Momentech, but Authorized Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their seat, user name or right to use the Site, Services or Software to any third party. You, the Business Subscriber, and your Authorized Users are jointly responsible for your Authorized Users' use of the Site, Services and Software. You are also responsible for ensuring that all of your Authorized Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any of your Authorized Users shall be deemed to be a violation thereof by you.
If you are a Premium Member, your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees as described on the Site or Software at the time ("Fees"); unless you are an Authorized User, in which case, your access to or use of the Services and/or Software shall be contingent upon your Business Subscriber's payment of the Fees.
Upon registering for a Premium Member, you will be required to designate a valid payment method. You hereby authorize Momentech to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions.
Momentech reserves the right to revise its Fees, including by increasing or adding new Fees, at any time on ten (10) days' notice. Such notice may be sent to you by email to your most recently provided email address or posted on the Site or by any other manner chosen by Momentech in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription by following the View Cancellation Instructions link, below.
To ensure uninterrupted service, all subscriptions to the Site, Software, and Services are renewed automatically. You hereby authorize Momentech to charge subscription Fees for the renewal period to the payment method on file. All subscriptions are renewed at the subscription level(s) and Fees in effect at the time the then-current subscription term ends. You may cancel the subscription at any time by following the View Cancellation Instructions link, below.
This agreement shall continue until you cancel your subscription or until terminated by Momentech. If you are a Premium Member, you may cancel your subscription at any time. View cancellation instruction here. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).
Momentech may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Momentech determines, in its sole discretion, violate this Agreement or the rights of Momentech or any third party, or is otherwise inappropriate. Without limitation, Momentech may deny you access to the Services, or terminate this Agreement and your account, if you are a Free Member and your use of the Services exceeds the 10 lesson limitations or 1 lesson per day limitations set forth under the section titled "License", or if you are a Business Subscriber and the use by your Authorized Users exceeds the limitations set by your contract with Momentech.
If you are an Authorized User of a Business Subscriber, your Business Subscriber may elect in its discretion and at any time to revoke your Authorized User status and terminate your account (e.g. if you graduate from that Business Subscriber). If this Agreement or the applicable agreement for Services and Software is terminated in relation to such Business Subscriber or if you otherwise lose access to the Services and Software via your Business Subscriber, Momentech may elect in its discretion to (a) terminate your account or (b) downgrade your account to a Free Member, at which point you agree that your use of the Services and Software will be as a Free Member in accordance with the terms of this Agreement (which Agreement at that point will be solely between you and Momentech).
Upon termination of your account(s) for any reason, your right to use the Services and Software and to access the Site and any of its content will immediately cease and all content in your account(s) may be deleted. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations or liability and miscellaneous provisions.
Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and Momentech will not prorate any Fees paid for a subscription that is terminated before the end of its term.
Without prior approval and written permission of Momentech, you may not create frames around any part of the Site.
We reserve the right to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Site, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Site that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
All the information on the Site is published in good faith and for general information purpose only. Momentech does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this Site, is strictly at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMENTECH, ITS LICENSORS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND SOFTWARE ARE AT YOUR OWN SOLE RISK AND THAT THE SITE, SERVICES AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOMENTECH AND ITS LICENSORS AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL MOMENTECH BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO MOMENTECH DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MOMENTECH AND YOU. YOU UNDERSTAND THAT THE SITE, SERVICES AND SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
From the Site, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.
Please be also aware that when you leave our Site, other sites may have different privacy policies and terms which are beyond our control. Momentech is not liable for any content published by other websites outside of our Site.
By using the Site, Services, or Software, you hereby consent to our Terms and Conditions and Disclaimer and agree to its terms.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.