TERMS OF SERVICE

1. Introduction/ Welcome to eJOY

Thank you for using eJOY (“eJOY”, “eJOY ENGLISH”, “we”, “us”, “our”). These are the terms of use (“Terms”), which apply to your use of the Site and our mobile applications (“App”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”). For information on how information is gathered and used at the Site and on the App, please go to our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. If you do not agree to these Terms, you must discontinue using the Services and terminate your registration with us. The Services is owned by eJOY, Jsc.

2. Registration for services

You must register for an Account by: (i) connecting through an available social account (including, but not limited to Facebook, Google Plus); or (ii) providing a username, a valid e-mail address and any other information we may require from time to time. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for any actions that take place through your account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You must immediately notify us by email at [email protected] of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security. Once you have an account, you can create an online profile. When creating your profile, you agree to (i) provide accurate, current and complete information; and (ii) be personally responsible for the information you provide in your profile. We reserve the right to suspend or terminate your account if any information you provided in your profile proves to be inaccurate, untrue or does not comply with our Terms.

3. User product

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display or email or otherwise transmit or use via the Services. You understand that whether or not Your Content is published, we do not guarantee confidentiality with respect thereto.

4. Link to and from other websites (Third Party Websites)

The Services may contain third-party owned content and links to other websites, including Facebook and Google Plus (“Third Party Websites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. You further acknowledge and agree that eJOY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through Third Party Websites. Any dealings you have with Third Parties found while using the Services are between you and the Third Party, and you agree that eJOY is not liable for any loss or claim that you may have against any such Third Party.

5. Termination of registration

eJOY may terminate your access and use of the Services immediately at any time, for any reason, and at such time you will have no further right to use the Services if, at eJOY’s sole discretion, you fail to comply with any of the Terms.

6. Indemnity

You agree to release, indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Product, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.

7. Intellectual Property Rights

The Services and, with the exception of material posted by registered users and Third Party content, all material published on the Services, including, but not limited to text, photographs, video, text, graphics, music, audio, sounds, messages, comments, ratings, and other materials is owned by eJOY or its licensors and Our Services is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights of Vietnam and other countries. eJOY owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. All trademarks displayed on the Services are trademarks of their respective owners, including eJOY and its partners. Users are prohibited from using any Marks without the written permission of eJOY or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without eJOY's prior written consent. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

8. Emails from us

By registering for eJOY, you will receive online communications from eJOY. To unsubscribe from any eJOY email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from our emailing list.

9. Refund Policy

Purchases via Apple App Store or Google Play Store

Refunds for purchases made through the Apple App Store (iOS) will be issued within 14 days of the subscription date. Refunds for purchases made through Google Play Store (Android) will be issued within 2 days of the subscription date.

Purchases via Other Payment Gateways

For purchases made through other payment gateways, refunds will be issued within 7 days of the purchase date. Please note that the refunded amount will be subject to deduction based on applicable payment gateway fees, as per their regulations.

Non-Refundable Purchases

Refund requests made outside the specified periods will not be accepted. As eJOY follows a freemium model, we offer free access to PRO features before requiring an upgrade. We strongly recommend that you thoroughly evaluate our free version before subscribing to eJOY Pro.

Account Limitations

eJOY does not support the transfer or shared use of accounts. Engaging in such activities may result in issues like unsynchronized progress, loss of vocabulary, or other learning data.

10. Changing email address

We will only approve requests to change your email address if you can provide evidence that both the old and new email addresses belong to you. This measure is in place to prevent fraudulent activities, such as selling one account to multiple individuals. Such practices can result in losing their accounts. Please note that we retain the right to decline any requests to change email addresses if we suspect any intentions of transferring or trading Pro accounts

11. AI Features and Limitations

By purchasing the Lifetime Pro Voca Package since Nov 18, 2024, you agree to the following terms regarding AI features:

Current AI Features:

The Lifetime Pro Voca Package includes access to the current AI-powered features available at the time of purchase. However, this access is not unlimited and may be subject to fair use or usage limits, as determined by eJOY.

Future AI Features:

eJOY may develop new AI-powered features or updates in the future. These features:

- May Be Limited: Access to new AI features may be restricted, even for Lifetime Pro Voca Package users.

- May Require Additional Fees: Some new features might be offered as separate, premium add-ons not included in the Lifetime Pro Voca Package.

Policy Updates:

eJOY reserves the right to modify the scope of AI features included in the Lifetime Pro Voca Package to ensure optimal functionality, sustainability, and fairness to all users. Users will be notified of such updates via email and our website.

12. Account Deletion

You can delete your account and terminate the use of the Service at any time by locating the "Delete Profile" option in your Profile settings. After deleting your account, you will no longer have access to your Profile, and we will erase all data related to your account. We are not responsible for deleting information or content from your Profile. You acknowledge and accept that some User-generated Content may still exist after your account is deleted, and User-generated Content licenses will not be revoked or terminated. You cannot recover a deleted account. If you have a Premium service subscription when you delete your account, you will not receive a refund for any remaining time on your service package. Each email address can only be associated with one eJOY account at a time, and deleting an account will not release the email for use with another account. If you wish to use the email address of this account for another eJOY account, you need to change the email address associated with the account in the settings page before deleting the account. After changing the email address, you can delete the account and use the original email address on another eJOY account.

13. For Pro Account

Pro Accounts cannot be transferred under any circumstances. You may not: (a) copy, modify or distribute the Service for any purpose; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Service, or otherwise attempt to discover the source code of the Service; (d) make the functionality of the Service available to multiple users through any means; or (e) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. In case of any fraudulent activities related to using counterfeit cards or stolen cards, etc... to subscribe for Pro Accounts, the system will automatically revoke Pro subscriptions and block those cards.

14. Restrictions

You agree not to (a) interfere with, damage, impair, or disable the Service’s operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users, or use the Service for commercial purposes; (c) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (d) remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (e) attempt to gain unauthorized access to the Service, other Accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (f) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (g) send bulk e-mails, surveys, or other mass messaging, whether commercial in nature or not; (h) solicit personal information from minors, or submit or transmit pornography; (i) reformat or frame any portion of the Service; (k) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; (l) impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; (m) solicit a User’s password or other Account information; or (n) harvest User names, addresses, or e-mail addresses for any purpose.

15. Limitation of liability

In no event shall eJOY or its affiliates be liable to you for any indirect, incidental, special, consequential or exemplary damages or loss whatsoever, including but not limited to the loss of profits, goodwill, business interruption inaccurate results, loss or corruption of your content or any data, your inability to use the service, even if eJOY has been advised of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. Under no circumstances will eJOY ‘s total liability to you for all damages, losses or causes of action exceed the amount you have paid eJOY in the last 6 (12) monthss, or if greater, fifty ($100)dolars.

16. Disclaimer of warranties

You understand that your use of the Services is at your sole risk. The Services are provided to you on an “as is” and “as available” basis. eJOY makes no representations or warranties of any kind with respect to the Services, whether express, implied or statutory, including, but not limited to the warranties of merchantability, fitness for a particular purpose, title and non-infringement. eJOY makes no warranty that (i) The Services will meet your requirements, (ii) The Services will be uninterrupted, timely, secure, or error-free, (iii) The results obtained from your use of the Services will be accurate, reliable, complete Access and use of the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.

17. Modification of terms

We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site or use the Services to keep up to date with the current terms regarding your use of the Services. Your continued use of the Services constitutes an affirmative acknowledgement by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.

18. Privacy Policy

By using the Services, you agree to be legally bound by our Privacy Policy.

19. General

These Terms are the entire agreement between you and eJOY. They supersede any and all prior or contemporaneous agreements between you and eJOY relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of eJOY to partially or fully exercise any rights or the waiver of eJOY of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by eJOY or be deemed a waiver by EJOY of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of eJOY under these Terms and any other applicable agreement between you and eJOY shall be cumulative, and the exercise of any such right or remedy shall not limit eJOY's right to exercise any other right or remedy. These Terms are governed by, and will be interpreted in accordance with, the laws of Vietnam, without regard to any choice of law provisions.

20. Contact Us

Please contact us with any question you might have about these Terms by sending an email to [email protected] entitled “Questions about Terms”

EFFECTIVE DATE: 18/11/2024