Terms of Service

Welcome to Prepilingo. By accessing or using our website, mobile application, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and MagicusPrime LDA, operating as Prepilingo ("we," "us," or "our"). By creating an account, subscribing to our services, or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Your continued use of the Service after any changes indicates your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

Prepilingo is an AI-powered language exam preparation platform designed to help users prepare for German language proficiency exams, including but not limited to ÖSD (Österreichisches Sprachdiplom Deutsch) and ÖIF (Österreichischer Integrationsfonds) exams.

Our Service includes, but is not limited to:

• Interactive Practice Exercises: Comprehensive exercises covering reading, writing, listening, and speaking skills tailored to official exam formats.
• AI-Powered Feedback: Real-time, personalized feedback on writing and speaking exercises using advanced artificial intelligence technology.
• Dialect Practice: Exposure to Austrian German dialects and regional variations to help users communicate effectively in real-world situations.
• Mock Exams: Full-length practice tests that simulate the actual exam environment and format.
• Progress Tracking: Detailed analytics and insights into your learning progress, strengths, and areas for improvement.
• Study Materials: Curated learning resources, vocabulary lists, grammar guides, and cultural context information.

The Service is accessible via our website at prepilingo.com and through our mobile applications available on iOS and Android platforms.

3.1 Independence from Official Exam Bodies

Prepilingo is an independent educational tool and is not affiliated with, endorsed by, approved by, or officially connected to:

• ÖSD (Österreichisches Sprachdiplom Deutsch)
• ÖIF (Österreichischer Integrationsfonds)
• Any other official language examination body, certification authority, or educational institution

We are an independent third-party service provider offering educational preparation materials and practice tools. We do not represent, speak for, or act on behalf of any official examination body.

3.2 Nominative Fair Use of Exam Names

All references to exam names (including but not limited to "ÖSD," "ÖIF," and related exam level designations such as "A1," "A2," "B1," "B2," "C1," "C2") are used solely for descriptive and informational purposes under the principle of nominative fair use. These references are necessary to:

• Identify the specific exams for which our platform provides preparation materials
• Describe the nature and purpose of our educational services
• Help users understand which exam formats our content is designed to support

3.3 Ownership of Trademarks and Intellectual Property

All exam names, logos, trademarks, service marks, and trade names referenced on our platform are the property of their respective owners. We do not claim any ownership, affiliation, or endorsement relationship with these trademark owners. Specifically:

• "ÖSD" and "Österreichisches Sprachdiplom Deutsch" are trademarks of ÖSD Österreichisches Sprachdiplom Deutsch
• "ÖIF" and "Österreichischer Integrationsfonds" are trademarks of Österreichischer Integrationsfonds
• All other third-party marks belong to their respective owners

3.4 No Official Materials

The practice materials, exercises, mock exams, and content provided by Prepilingo are created independently by our team and are not official examination materials. While we strive to align our content with official exam formats and requirements, our materials are supplementary educational resources and should not be considered official or authoritative exam content.

3.5 User Responsibility

Users are responsible for verifying current exam requirements, formats, registration procedures, and official guidelines directly with the relevant examination body. We recommend consulting official sources for the most accurate and up-to-date information about any examination.

4.1 Age Requirement

You must be at least 16 years of age to use our Service. By using Prepilingo, you represent and warrant that you are at least 16 years old. If you are under 16, you may not use the Service under any circumstances.

4.2 Account Creation

To access certain features of the Service, you must create an account. When creating an account:

• You must provide accurate, current, and complete information.
• You must maintain and promptly update your account information to keep it accurate and complete.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must immediately notify us of any unauthorized use of your account.

4.3 Account Security

You agree to use a strong, unique password for your account and to keep your login credentials confidential. We are not liable for any loss or damage arising from your failure to protect your account information. You agree to notify us immediately of any breach of security or unauthorized use of your account.

4.4 One Account Per User

Each user is permitted to maintain only one active account. Creating multiple accounts to circumvent subscription limitations, abuse free trial offers, or for any other purpose is strictly prohibited and may result in immediate termination of all associated accounts.

5.1 Subscription Tiers

Prepilingo offers the following subscription plans:

• Free Plan: Limited access to basic features and practice exercises.
• Premium Monthly: €4.99 per month, billed monthly. Full access to all features, unlimited practice exercises, AI feedback, and mock exams.
• Premium Yearly: €39.00 per year, billed annually. All Premium features with significant savings compared to monthly billing.
• Lifetime Access: €99.00 one-time payment. Permanent access to all current and future Premium features.

5.2 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe. By subscribing to a paid plan, you authorize us to charge your designated payment method. You agree to provide current, complete, and accurate payment information.

5.3 Automatic Renewal

Monthly and yearly subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate. We will notify you of any price changes at least 30 days in advance.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team at support@prepilingo.com. Cancellation will take effect at the end of your current billing period. You will retain access to Premium features until the end of the paid period.

5.5 Refund Policy

We offer a 14-day money-back guarantee for first-time Premium subscribers. If you are not satisfied with our Service within 14 days of your initial purchase, contact us at support@prepilingo.com for a full refund.

After the 14-day period, subscriptions are non-refundable. We do not provide refunds or credits for partial subscription periods or unused content. Lifetime Access purchases are eligible for refunds only within 14 days of purchase.

5.6 Price Changes

We reserve the right to modify our subscription prices at any time. Price changes will not affect your current billing period but will apply to subsequent renewals. We will provide at least 30 days' notice of any price increases via email or through the Service.

5.7 Taxes

All prices are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all taxes associated with your purchase, including but not limited to sales tax, VAT, and other applicable taxes based on your location.

6.1 Right of Withdrawal for EU Consumers

If you are a consumer residing in the European Union, you have the right to withdraw from your purchase within 14 days without giving any reason, in accordance with EU Consumer Rights Directive 2011/83/EU.

The withdrawal period expires 14 days from the day of purchase for digital content subscriptions. To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending a clear statement to support@prepilingo.com or privacy@prepilingo.com.

6.2 Effects of Withdrawal

If you withdraw from your purchase within the 14-day period, we will reimburse all payments received from you, including delivery costs (if applicable), without undue delay and in any event not later than 14 days from the day we receive your withdrawal notice.

We will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

6.3 Express Consent for Immediate Access

By subscribing to our Service and accessing digital content immediately after purchase, you expressly consent to the immediate provision of digital content and acknowledge that you thereby lose your right of withdrawal once you begin using the Service. This is in accordance with Article 16(m) of the EU Consumer Rights Directive.

However, our 14-day money-back guarantee (Section 5.5) provides equivalent protection, allowing you to request a full refund within 14 days of your first purchase if you are not satisfied with the Service.

6.4 Mandatory Consumer Protection Laws

Nothing in these Terms affects your statutory rights as a consumer under applicable EU and national consumer protection laws. Where these Terms conflict with mandatory consumer protection provisions, the mandatory provisions shall prevail.

6.5 Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for EU consumers, which you can access at https://ec.europa.eu/consumers/odr. We are committed to resolving disputes amicably and encourage you to contact us directly at support@prepilingo.com before using the ODR platform.

7.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable law or regulation.
• Impersonate or attempt to impersonate Prepilingo, a Prepilingo employee, another user, or any other person or entity.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm Prepilingo or users of the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any material on the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Share your account credentials with others or allow others to access your account.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

7.2 User Content

You may submit content to the Service, including written responses, audio recordings, and other materials ("User Content"). You retain all rights to your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to submit your User Content.
• Your User Content does not violate any third-party rights, including intellectual property rights.
• Your User Content does not contain any unlawful, harmful, or offensive material.

7.3 Prohibited Content

You may not submit User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights.
• Contains software viruses or any other malicious code.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is sexually explicit or pornographic in nature.
• Violates any applicable law or regulation.

7.4 Monitoring and Enforcement

We reserve the right, but not the obligation, to monitor User Content and user activity on the Service. We may remove or refuse to display any User Content that violates these Terms or is otherwise objectionable. We may also suspend or terminate your account for violations of these Terms.

8.1 Ownership of Prepilingo Content

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and the "look and feel" of the Service) are owned by Prepilingo, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Third-Party Trademarks and Nominative Fair Use

All third-party exam names, logos, trademarks, and service marks referenced on our platform (including but not limited to "ÖSD," "ÖIF," and related designations) are the property of their respective owners. Our use of these marks is purely descriptive and constitutes nominative fair use under applicable trademark law.

We use third-party exam names solely to:

• Identify the exams for which we provide preparation materials
• Describe the nature and purpose of our educational services
• Enable users to understand which exam formats our content supports

This use does not imply any affiliation, endorsement, or sponsorship by the trademark owners. We do not claim any ownership rights in these third-party marks, and all rights remain with their respective owners.

8.3 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to:

• Resell or make commercial use of the Service or its contents.
• Collect and use any product listings, descriptions, or prices.
• Make derivative uses of the Service or its contents.
• Download or copy account information for the benefit of another merchant.
• Use any data mining, robots, or similar data gathering or extraction methods.

8.4 Prepilingo Trademarks

The Prepilingo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MagicusPrime LDA or its affiliates or licensors. You may not use such marks without our prior written permission.

8.5 Copyright Infringement

If you believe that any content on the Service infringes your copyright, please contact us at support@prepilingo.com with detailed information about the alleged infringement. We will investigate and take appropriate action in accordance with applicable copyright laws, including the EU Copyright Directive and national implementations.

9.1 AI Technology and Purpose

Prepilingo uses advanced artificial intelligence technology, including but not limited to large language models from OpenAI (GPT series) and Google (Gemini), to provide personalized feedback, generate practice exercises, evaluate user responses, and deliver adaptive learning experiences. AI is used for:

• Automatic correction and feedback on written exercises
• Evaluation and scoring of speaking exercises
• Generation of personalized practice questions and exercises
• Analysis of learning patterns and progress tracking
• Recommendations for study materials and focus areas

9.2 Limitations and Accuracy Disclaimer

Important: While we strive for accuracy and continuously improve our AI systems, artificial intelligence has inherent limitations. AI-generated content, feedback, and evaluations may occasionally contain:

• Errors, inaccuracies, or incorrect assessments
• Inconsistent feedback or contradictory suggestions
• Inappropriate, unexpected, or contextually incorrect responses
• Biases present in the training data
• Misinterpretations of user input or context

We do not guarantee the accuracy, completeness, reliability, or appropriateness of any AI-generated content. AI feedback should be used as a supplementary learning tool and educational resource, not as a definitive or authoritative assessment of your language proficiency or exam readiness.

9.3 User Discretion and Responsibility

You acknowledge and accept that AI technology is not infallible and may produce unexpected or incorrect results. You agree to:

• Use your own judgment when relying on AI-generated content and feedback
• Verify important information through additional sources when necessary
• Not rely solely on AI feedback for critical decisions or assessments
• Understand that AI feedback is educational guidance, not professional language instruction
• Consult qualified language instructors or official resources for authoritative guidance

9.4 User Data Ownership and Rights

You retain full ownership of all content you submit to the Service ("User Content"), including:

• Written responses and exercises
• Audio recordings of speaking exercises
• Personal notes and study materials
• Any other content you create or upload

By submitting User Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, process, and analyze your User Content solely for the purposes of:

• Providing the Service to you (including AI feedback and personalization)
• Improving our AI models and algorithms
• Developing new features and functionality
• Ensuring quality and safety of the Service

This license terminates when you delete your User Content or close your account, except where retention is required by law or for legitimate business purposes (see Section 13 and our Privacy Policy).

9.5 AI Training and Improvement

Your interactions with the Service, including your User Content and usage patterns, may be used to train and improve our AI systems. This helps us provide better feedback and more accurate assessments for all users. All such use is subject to our Privacy Policy and applicable data protection laws, including GDPR.

We implement appropriate technical and organizational measures to protect your data during AI training, including anonymization and pseudonymization where appropriate.

9.6 GDPR Rights Regarding AI Processing

Under GDPR and applicable data protection laws, you have specific rights regarding AI processing of your data:

• Right to information: You have the right to know how AI processes your data
• Right to human review: You can request human review of AI-generated assessments that significantly affect you
• Right to object: You can object to automated decision-making in certain circumstances
• Right to explanation: You can request explanation of AI-generated feedback or decisions

To exercise these rights, contact us at privacy@prepilingo.com or privacy@magicusprime.com. See Section 11 and our Privacy Policy for complete information about your data rights.

9.7 Reporting Issues and Feedback

If you encounter any errors, inappropriate content, inaccurate feedback, or issues with AI-generated content, please report them to us at support@prepilingo.com. We appreciate your feedback and use it to continuously improve the Service and our AI systems.

10.1 Independent Educational Platform

Prepilingo is an independent language learning and exam preparation platform. We are not affiliated with, endorsed by, sponsored by, or officially connected to:

• ÖSD (Österreichisches Sprachdiplom Deutsch)
• ÖIF (Österreichischer Integrationsfonds)
• Any other official language examination body, certification authority, or educational institution
• Any government agency or immigration authority

Our practice materials, exercises, mock exams, and educational content are created independently by our team and are not official examination materials. We do not represent, speak for, or act on behalf of any official examination body.

10.2 No Guarantee of Exam Success or Results

We do not guarantee, warrant, or promise that using Prepilingo will result in passing any exam, achieving any specific score, or obtaining any certification. Exam success depends on numerous factors beyond our control, including but not limited to:

• Your dedication, effort, and study habits
• Your prior language knowledge and learning background
• Time invested in preparation and practice
• Individual learning abilities and circumstances
• Exam-day conditions and performance
• Official exam difficulty and format variations
• Use of additional study resources and formal instruction

Any testimonials, success stories, or user results displayed on our platform represent individual experiences and are not typical results. Your results may vary significantly.

10.3 Educational Purpose Only

All content, exercises, mock exams, AI feedback, and materials provided by Prepilingo are for educational and practice purposes only. They should be used as:

• Supplementary study tools alongside other learning resources
• Practice materials to familiarize yourself with exam formats
• Self-assessment tools to identify strengths and weaknesses
• Additional practice to complement formal language instruction

Prepilingo is not a substitute for:

• Formal language courses or professional instruction
• Official exam preparation courses offered by examination bodies
• Real-world language practice and immersion
• Official exam guidelines and materials

10.4 Exam Format Changes and Currency

Official exam formats, requirements, content, scoring criteria, and administrative procedures may change over time without notice. While we make reasonable efforts to keep our materials current and aligned with official exam formats, we cannot guarantee that:

• Our practice materials always reflect the most recent exam changes
• Our mock exams precisely match current official exam formats
• Our content covers all topics that may appear on official exams
• Our difficulty levels match those of official exams

It is your responsibility to:

• Verify current exam requirements directly with the official examination body
• Consult official exam guidelines and sample materials
• Stay informed about any changes to exam formats or requirements
• Ensure you meet all eligibility and registration requirements

10.5 No Exam Registration or Certification Services

Prepilingo does not and cannot:

• Register users for official exams
• Provide exam scheduling or booking services
• Issue official language certificates or diplomas
• Provide official exam results or scores
• Guarantee exam availability or test center locations
• Process exam fees or payments to examination bodies
• Provide visa, immigration, or legal advice

You are solely responsible for registering for exams, paying exam fees, meeting all requirements set by the official examination body, and complying with all exam policies and procedures.

10.6 Limitation of Liability for Exam Outcomes

To the fullest extent permitted by law, Prepilingo, MagicusPrime LDA, and our affiliates shall not be liable for:

• Exam results, scores, or outcomes
• Failure to pass any examination
• Denial of certification, visa, residence permit, or citizenship applications
• Missed exam opportunities or registration deadlines
• Discrepancies between our practice materials and official exams
• Changes to exam formats or requirements
• Any consequences arising from exam performance or results

10.7 Recommendation to Consult Official Sources

We strongly recommend that you:

• Visit official examination body websites for authoritative information
• Review official exam handbooks, guidelines, and sample materials
• Contact examination bodies directly with specific questions
• Consider enrolling in official preparation courses when available
• Seek professional language instruction from qualified teachers
• Practice with official past exam papers when available

11.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your data as described in the Privacy Policy.

11.2 Data We Collect

We collect and process the following categories of data:

• Personal Information: Name, email address, account credentials
• Learning Data: Exercise responses, progress data, study patterns, AI feedback history
• Payment Information: Processed securely through Stripe (we do not store full payment card details)
• Usage Data: Device information, IP address, browser type, usage patterns, analytics data
• User Content: Written responses, audio recordings, and other submitted materials

11.3 How We Use Your Data

We use your data to:

• Provide and improve the Service
• Personalize your learning experience and provide AI feedback
• Process payments and manage subscriptions
• Communicate with you about the Service
• Analyze usage patterns and improve our AI systems
• Comply with legal obligations
• Prevent fraud and ensure security

11.4 Third-Party Service Providers

We share data with trusted third-party service providers necessary to operate the Service:

• Stripe: Payment processing
• Firebase/Google Cloud: Data storage and infrastructure
• OpenAI and Google (Gemini): AI-powered feedback and content generation
• Google Analytics: Usage analytics and service improvement

All third-party providers are contractually obligated to protect your data and use it only for the purposes we specify.

11.5 Your GDPR Rights

Under the General Data Protection Regulation (GDPR) and other applicable data protection laws, you have the following rights:

• Right of Access: Request a copy of all personal data we hold about you
• Right to Rectification: Request correction of inaccurate or incomplete data
• Right to Erasure ("Right to be Forgotten"): Request deletion of your personal data
• Right to Data Portability: Receive your data in a structured, machine-readable format
• Right to Restrict Processing: Request limitation of how we process your data
• Right to Object: Object to processing based on legitimate interests or for direct marketing
• Right to Withdraw Consent: Withdraw consent for data processing at any time
• Right to Lodge a Complaint: File a complaint with your local data protection authority

11.6 Account and Data Deletion

You have the right to delete your account and personal data at any time. To request account deletion:

• Visit our Delete Account page for detailed instructions
• Email us at privacy@prepilingo.com or privacy@magicusprime.com
• Contact support@prepilingo.com

We will process your deletion request within 2 business days and permanently delete your personal data, except where retention is required by law (e.g., financial records for tax purposes, fraud prevention, legal compliance).

11.7 Data Retention

We retain your data only as long as necessary for the purposes described in our Privacy Policy:

• Active accounts: Data retained while your account is active
• Deleted accounts: Most data deleted within 2 business days of deletion request
• Legal retention: Some data retained for legal compliance (typically 7-10 years for financial records)
• Anonymized data: Aggregated, anonymized data may be retained indefinitely for analytics

11.8 Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest, access controls, regular security audits, and secure infrastructure. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

11.9 Exercising Your Rights

To exercise any of your data protection rights, contact us at:

• Email: privacy@prepilingo.com or privacy@magicusprime.com
• Support: support@prepilingo.com

We will respond to your request within 30 days as required by GDPR. For complete details about our data practices, please review our Privacy Policy.

12.1 Service Availability

We strive to provide reliable, uninterrupted access to the Service. However, we do not guarantee that the Service will be available at all times or that it will be error-free. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

12.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes adding or removing features, changing pricing, or altering the availability of content. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

12.3 Updates and Maintenance

We may perform scheduled maintenance or updates to improve the Service. We will attempt to provide advance notice of scheduled maintenance when possible, but we are not obligated to do so. During maintenance periods, the Service or certain features may be temporarily unavailable.

12.4 Third-Party Services

The Service may integrate with or depend on third-party services (such as payment processors, AI providers, or cloud infrastructure). We are not responsible for the availability, functionality, or performance of these third-party services. Disruptions to third-party services may affect the Service.

13.1 Termination by You

You may terminate your account at any time by contacting us at support@prepilingo.com or through your account settings. Upon termination, your right to use the Service will immediately cease. If you have an active paid subscription, it will remain active until the end of your current billing period, after which it will not renew.

13.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms or our policies.
• Fraudulent, abusive, or illegal activity.
• Failure to pay subscription fees.
• Extended periods of inactivity.
• Requests by law enforcement or other government agencies.
• Discontinuation or material modification of the Service.

13.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Service will immediately cease.
• We may delete your account data, including User Content, progress data, and personal information.
• You will not be entitled to any refunds for unused subscription time, except as provided in Section 5.5.
• Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13.4 Data Retention After Termination

After account termination, we may retain certain data as required by law or for legitimate business purposes, such as fraud prevention, dispute resolution, or compliance with legal obligations. For more information, see Section 11 and our Privacy Policy.

14.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

PREPILINGO, MAGICUSPRIME LDA, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

SPECIFICALLY, WE DO NOT WARRANT OR GUARANTEE:

• That use of the Service will result in passing any exam or achieving any specific score
• That AI-generated feedback or content will be accurate, complete, or appropriate
• That our practice materials match current official exam formats
• That the Service will meet your specific learning needs or expectations
• That any perceived affiliation with official exam bodies exists

14.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREPILINGO, MAGICUSPRIME LDA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service, including AI-generated content
• Unauthorized access, use, or alteration of your transmissions or content
• Exam results, scores, or outcomes
• Failure to pass any examination or achieve certification
• Denial of visa, residence permit, citizenship, or other immigration applications based on exam results
• Reliance on AI-generated feedback, assessments, or content that proves inaccurate or inappropriate
• Misunderstandings or misinterpretations regarding affiliation with official exam bodies
• Changes to official exam formats that differ from our practice materials
• Time or money invested in exam preparation using our Service

14.3 Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO PREPILINGO IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

14.4 Exam Performance and Affiliation Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PREPILINGO SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM:

• Your exam performance or results
• Any belief or assumption that we are affiliated with official exam bodies
• Differences between our practice materials and official exams
• Inaccuracies in AI-generated feedback or assessments
• Your reliance on our Service as your sole or primary exam preparation method
• Any consequences of exam failure or insufficient scores

14.5 Essential Purpose

You acknowledge that these limitations of liability are essential elements of the agreement between you and Prepilingo, and that we would not provide the Service without these limitations.

14.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Prepilingo, MagicusPrime LDA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use or misuse of the Service.
• Your User Content or any content you submit, post, or transmit through the Service.
• Your violation of any rights of another person or entity.
• Your violation of any applicable laws or regulations.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at support@prepilingo.com and attempt to resolve the dispute informally. We will work with you in good faith to resolve any issues.

16.2 Arbitration

If we cannot resolve a dispute informally within 30 days, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the Austrian arbitration institution. The arbitration shall take place in Vienna, Austria, and shall be conducted in English or German.

16.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Prepilingo individually. To the fullest extent permitted by law, you agree that:

• No arbitration or proceeding shall be joined with any other.
• There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures.
• There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

16.4 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court if it qualifies. Either party may also seek equitable relief in court for infringement or other misuse of intellectual property rights.

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. You also agree to comply with all applicable local, state, national, and international laws and regulations.

For users in the European Union, you also have the protection of the mandatory provisions of consumer protection laws in your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Vienna, Austria, and you irrevocably consent to the personal jurisdiction and venue therein.

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email (if you have provided an email address) or by posting a notice on the Service at least 30 days prior to the effective date of the changes.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

We encourage you to review these Terms periodically to stay informed about our terms and conditions. The "Last updated" date at the top of this page indicates when these Terms were last revised.

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Prepilingo regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

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

19.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms at any time without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19.7 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at:

We strive to respond to all inquiries within 48 hours during business days. For urgent matters, please indicate "URGENT" in your email subject line.

To delete your account and exercise your GDPR rights, please visit our Delete Account page for detailed instructions.