1. General Provisions
1.1 These Terms of Use for frenchedtech.com (“Terms”) apply (i) to all contracts between TRIDGENT MULTISERVICES LLC, 3101 N. Central Ave, Phoenix, Arizona 85012, and its clients who are consumers engaging in transactions that are primarily non-commercial and unrelated to any independent professional activity (“you”) and to whom TRIDGENT MULTISERVICES LLC provides Services; and (ii) to all contracts related to the use of TRIDGENT MULTISERVICES LLC’s Services made through a third-party provider (particularly mobile app store providers or sales platforms) and are subject to clause 1.2. Depending on your country of residence at the time of ordering frenchedtech.com, these Terms may be supplemented or replaced by country-specific provisions as stipulated in the “COUNTRY-SPECIFIC PROVISIONS” section at the end of these Terms.
1.2 To the extent you are entitled to use frenchedtech.com services under a separate agreement between TRIDGENT MULTISERVICES LLC and a business partner (e.g., your employer) or between you and a third-party provider (such as app store providers or sales platforms), these Terms apply except for clauses 3.3 (Order Process), 9 (Fees and Payment Terms), 11.1 to 11.3 (Duration and Termination), and 19 (Right of Withdrawal). In this case, the order process, fees, payment terms, referenced duration, and termination clauses as well as the right of withdrawal are governed exclusively by the main agreement between TRIDGENT MULTISERVICES LLC and the business partner. Clause 11.4 applies only to the direct relationship between you and TRIDGENT MULTISERVICES LLC.
1.3 These Terms govern any order form or online/email order process agreed between you and TRIDGENT MULTISERVICES LLC (each constituting an “Order”). The general terms of each agreed Order will include these Terms.
1.4 These Terms will also serve as the framework for future contracts between you and TRIDGENT MULTISERVICES LLC, even if they are not referenced each time. These Terms are considered accepted by you at the latest when you access the Services.
1.5 These Terms apply to the exclusion of all other conditions. Differing, contradictory, or supplementary terms will only be part of the Order if and to the extent TRIDGENT MULTISERVICES LLC has expressly accepted them in writing.
1.6 When these Terms use expressions like “in writing,” “written form,” or similar variants, this means a handwritten signature. The electronic exchange of hand-signed documents or documents signed with a simple electronic signature (such as those provided by DocuSign or Adobe Sign) suffices. Email exchanges may suffice if and to the extent expressly provided by these Terms.
1.7 Unless otherwise stated in these Terms, any notice or statement you address to TRIDGENT MULTISERVICES LLC must, to be valid, be sent via email or any other electronic text form.
2. Paid Services, Updates, and Trial Use
2.1 Subject to the terms agreed upon for each Order, TRIDGENT MULTISERVICES LLC grants you access to its language-learning website provided as a program-as-a-service, any other language-learning service, and all associated websites, spaces, services, and applications, as well as to the relevant learning content and features as specified in the Order (“Services”). TRIDGENT MULTISERVICES LLC may offer Services against a Fee with specified features (“Paid Services”) or free of charge without financial consideration (such as in the case of a free trial of Paid Services), which will be limited in scope and features (“Free Services”), as specified in the Order. TRIDGENT MULTISERVICES LLC may, at its discretion and for valid reasons (including but not limited to usability, technical operability, or changes in user needs and behavior), modify the scope of the Services offered and/or discontinue your access to certain Services, in which case TRIDGENT MULTISERVICES LLC will notify you within a reasonable time before such changes take effect and inform you of all possible remedies, including options for early termination of any relevant Order.
2.2 TRIDGENT MULTISERVICES LLC may implement new versions, changes, and updates to Paid Services, including changes resulting in modifications to the design, operating method, technical specifications, systems, and other Paid Services functions. These changes may be made at any time, in accordance with applicable law, particularly to ensure compliance with legal standards, maintain or improve usability, or for other technical, economic, or legal reasons.
2.3 TRIDGENT MULTISERVICES LLC reserves the right to reduce, restrict, or modify Free Services at any time without notice. Subject to Article 18, TRIDGENT MULTISERVICES LLC has no obligation of warranty, compensation, maintenance, or support for Free Services, nor any availability obligation. Free Services do not constitute a guarantee of (future) characteristics of products included in Paid Services.
2.4 TRIDGENT MULTISERVICES LLC may grant you access to Paid Services free of charge or at a reduced Fee as part of a trial evaluation for a period determined by TRIDGENT MULTISERVICES LLC at its sole discretion (“Trial Use”). TRIDGENT MULTISERVICES LLC may, at any time and without notice, reduce, restrict, or modify in any way the Services provided under Trial Use. Subject to Article 17, TRIDGENT MULTISERVICES LLC has no warranty, compensation, maintenance, or support obligation for Trial Use. TRIDGENT MULTISERVICES LLC may revoke or terminate a Trial Use at any time and without notice. Trial Use does not constitute a guarantee of (future) product features. Subject to the general conditions agreed in the Order, Trial Use may end and then automatically convert to standard Paid Services.
2.5 TRIDGENT MULTISERVICES LLC may, at its discretion, for all users or selectively, introduce and make available new versions of Services or additional features and functionalities before their public launch, designated by TRIDGENT MULTISERVICES LLC as “beta” (“Beta Features”). Due to their nature, beta functions may be incomplete and contain errors or inaccuracies that could impact performance and quality and may affect underlying services. Access and use of Beta Features are at your own risk. TRIDGENT MULTISERVICES LLC may suspend or terminate your access to any Beta Feature at any time. You acknowledge that TRIDGENT MULTISERVICES LLC is under no express or implied obligation to continue or offer Beta Features or similar functions permanently, and that, if a Beta Feature is commercialized, its functionality and characteristics may vary.
2.6 TRIDGENT MULTISERVICES LLC may engage subcontractors, including third-party software providers, in performing any obligations arising from any Order at any time.
2.7 TRIDGENT MULTISERVICES LLC may, at its discretion, implement or make available features that include, use, operate, or are based on artificial intelligence and are identified as such by TRIDGENT MULTISERVICES LLC (“AI Features”). Access and execution of AI Features may require, as a prerequisite or integral part of the Services, that certain types of data be processed by and/or transmitted to third-party providers as specified by TRIDGENT MULTISERVICES LLC. Additional terms and conditions may apply, and you may need to accept them before using AI Features.
2.8 Although TRIDGENT MULTISERVICES LLC continually strives to ensure the quality and reliability of any output generated by AI Features (“Results”), content created by artificial intelligence may vary in quality and accuracy. TRIDGENT MULTISERVICES LLC expressly disclaims any representations and warranties regarding the accuracy, truthfulness, completeness, or usability of any result produced by AI Features and that the result does not infringe on third-party rights. You should not consider AI-generated results as a single source of truth or factual information, nor as a substitute for professional advice. You should evaluate the accuracy and adequacy of the results for your use case, including through human review if necessary, before using or sharing AI Results. AI Features may generate incomplete, incorrect, or offensive results that do not represent the viewpoint of TRIDGENT MULTISERVICES LLC. If a Result refers to third-party products or services, this does not imply that the third party is endorsed by or affiliated with TRIDGENT MULTISERVICES LLC. All Results should, therefore, be independently verified before use and should not replace professional or personal advice. Additional conditions may apply.
2.9 TRIDGENT MULTISERVICES LLC may include certain third-party content in its Services that requires you to open or maintain an independent account and/or subscription with the provider of such services (such as music or other streaming services). This content is optional for you and will only be provided if and as long as you maintain an active account and/or subscription with this third-party provider, are entitled to receive the content under a separate agreement with the content provider, and insert your login data for this account into the TRIDGENT MULTISERVICES LLC services. Additional conditions may apply, and your account and subscription may be subject to additional fees determined and billed by the third-party provider.
3. User Account and Order Conclusion
3.1 To use the Services, you must create a user account (“User Account”) by accepting these Terms, providing certain personal data, and setting a password of your choice in an online registration form provided by TRIDGENT MULTISERVICES LLC or, at TRIDGENT MULTISERVICES LLC’s sole discretion, by using an existing account with a third-party provider (such as Google or Apple). After registering, you will receive a confirmation email from TRIDGENT MULTISERVICES LLC allowing you to activate your User Account. By creating a User Account, a binding Order is concluded between you and TRIDGENT MULTISERVICES LLC.
3.2 If you are under thirteen (13) years of age, you are not permitted to create a User Account, place an Order, or use the Services unless expressly stated otherwise in these Terms or in the relevant Order.
3.3 If you wish to access Paid Services, you can place an Order with TRIDGENT MULTISERVICES LLC through your User Account. Offers made by TRIDGENT MULTISERVICES LLC for Paid Services are non-binding. By placing an Order, you enter into a contract for that Order. The order process generally includes the following steps: selecting an option, verifying and/or correcting your choice, entering the relevant information, selecting the payment method, reading and agreeing to the applicable commercial terms, consenting to these Terms, and submitting a binding order by clicking a submit button and/or checking a box to continue. Your offer only becomes a legally valid Order when TRIDGENT MULTISERVICES LLC confirms acceptance via email (“Order Confirmation”). The Order Confirmation also includes detailed information about your Order, along with an order number.
3.4 You may save these Terms and any other terms applicable to the Order. TRIDGENT MULTISERVICES LLC will not retain the text of the contract, which may no longer be accessible once the Order is placed.
4. Usage Rights and Usage Restrictions
4.1 Subject to the general conditions of the Order, TRIDGENT MULTISERVICES LLC grants you, for the Initial Service Period and any Service Renewal Period, a non-exclusive, non-transferable, and non-sublicensable right and license, valid worldwide, to use the Services for private purposes only (“License”). TRIDGENT MULTISERVICES LLC offers the Services as described on TRIDGENT MULTISERVICES LLC’s website, including the user onboarding process (if applicable), information provided during the Order process, and FAQ sections, each as periodically updated (“Documentation”).
4.2 You may not (nor enable others to) directly or indirectly: (a) sublicense, sell, resell, transfer, assign, distribute, share, rent, use commercially, outsource, or otherwise generate revenue from the Services; (b) copy the Services on a public or distributed network; (c) decompile, reverse engineer, or disassemble any part of the Services or attempt to discover any source code, object code, underlying structure, ideas, know-how, or algorithms, or other operational mechanisms of the Services unless permitted by law; (d) modify, adapt, translate, or create derivative works based on all or part of the Services (except as expressly permitted by TRIDGENT MULTISERVICES LLC or as authorized within the Services); (e) alter proprietary notices in the Services or their components; (f) use the Services in violation of applicable laws and regulations or beyond the scope of rights defined in this Article 4; or (g) use the Services to (i) store, download, or transmit infringing, defamatory, or otherwise illegal or unlawful material or malicious code or malware; (ii) engage in phishing, spamming, denial-of-service attacks, or any other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of third-party systems, services, or data; (iv) gain unauthorized access to the Services or TRIDGENT MULTISERVICES LLC’s systems or networks; or (v) conduct or hire a third party to conduct penetration testing, vulnerability assessments, or other security evaluations.
4.3 The Services may be subject to the export and/or re-export control laws and regulations of the European Union, the United States, the United Kingdom, or similar applicable laws in other jurisdictions. You guarantee that (a) you are not located in a country where the European Union, the United States, and/or the United Kingdom have imposed an embargo on goods or set up other forms of economic sanctions and that (b) you are not (i) a prohibited party under the applicable export and/or re-export laws and regulations of the European Union, the United States, the United Kingdom, or similar laws in other jurisdictions, nor (ii) otherwise listed on any restricted party lists issued by the European Union, the United States, and/or the United Kingdom.
4.4 You may not export or re-export, directly or indirectly, the Services or any related data in violation of applicable laws and regulations. You must comply in particular with sanctions imposed by the European Union and the United States and/or the United Kingdom, provided this does not result in a violation or conflict with mandatory laws, especially with mandatory anti-boycott provisions applicable to you. You must, at your own expense, obtain all necessary customs and import approvals and any other required government authorization.
4.5 You may not duplicate, process, distribute, share, or use for public reproduction any content from the Services without the prior written consent of TRIDGENT MULTISERVICES LLC, unless expressly authorized by sharing options that may be embedded in the Services.
4.6 You may use the Services only as intended in the Documentation.
4.7 TRIDGENT MULTISERVICES LLC may monitor your use of the Services and prohibit and/or suspend any use of the Services that TRIDGENT MULTISERVICES LLC believes violates this Article 4.
5. User Responsibilities
5.1 You are responsible for obtaining and maintaining, at your own expense, any technical equipment and related auxiliary services required to connect to or otherwise access the Services in accordance with the requirements specified by TRIDGENT MULTISERVICES LLC for such Services (“System Requirements”). This includes any hardware, software (collectively referred to as the “System”), networks, and internet connections, as well as TRIDGENT MULTISERVICES LLC’s updated system requirements, which may be modified at any time and are available on TRIDGENT MULTISERVICES LLC’s website.
5.2 You must always ensure that your User Account information is correct and up to date. You must ensure that user identities, passwords, and similar identifiers used to access the Services are used and stored securely, that they cannot be accessed or used by unauthorized third parties, and that they are immediately changed in the event of unauthorized disclosure. You must notify TRIDGENT MULTISERVICES LLC as soon as possible of any unauthorized use of a password or account, as well as of any other known or suspected security breach or misuse of the Services.
5.3 You are solely responsible for the content of all data and other materials you display, post, upload, store, exchange, or transmit through the Services (“Content”). TRIDGENT MULTISERVICES LLC does not control the information you send while using the Services and cannot guarantee the accuracy of the information sent.
5.4 TRIDGENT MULTISERVICES LLC may, without notice or liability, investigate any complaints or suspicions of violations of the Order, including these Terms, that are brought to its attention. TRIDGENT MULTISERVICES LLC may take any action deemed appropriate, including rejection, refusal to display, or deletion of any Content or other data, or restriction, suspension, or termination of your access to the Services.
5.5 Subject to Article 17, you are responsible for any loss or damage suffered by TRIDGENT MULTISERVICES LLC if you have intentionally or negligently disclosed your identity/password to a third party, or if an unauthorized party has otherwise become aware of your identity and password.
6. Virtual Classroom
6.1 If specified in an Order, TRIDGENT MULTISERVICES LLC will provide you with Paid Services enabling you to participate in language training sessions with language instructors via live online streaming, either as individual sessions (“Individual Sessions”) or as group sessions (“Group Sessions”) (collectively referred to as “Virtual Classroom Services”), subject to the conditions in this Article 6.
6.2 Subject to Article 3.2, you must be at least sixteen (16) years of age to participate in Group Sessions.
6.3 To reserve a Virtual Classroom session, you must log into your User Account and submit a reservation request by clicking a reservation button. Each reservation request is subject to the availability of the required language instructor at the requested time and the availability of a spot in the desired session. Once TRIDGENT MULTISERVICES LLC confirms the reservation request, the Virtual Classroom session becomes a binding contract for both you and TRIDGENT MULTISERVICES LLC.
6.4 The reservation of Virtual Classroom sessions is limited to a defined user and cannot be shared with another person. The Virtual Classroom Services may be limited to a maximum number of sessions per user and per calendar month, as described in the Documentation.
6.5 Virtual Classroom Services are generally provided through a web browser, third-party video conferencing software, or the TRIDGENT MULTISERVICES LLC application. You are solely responsible for ensuring compliance with the System Requirements for accessing the Virtual Classroom Services.
6.6 If a third-party video conferencing service is necessary to participate in a Virtual Classroom session, you are solely responsible for acquiring the video conferencing software at your own expense, including any associated usage rights. TRIDGENT MULTISERVICES LLC makes no commitment and provides no warranty regarding the availability and/or specific features of this third-party video conferencing software.
6.7 TRIDGENT MULTISERVICES LLC strives to make the desired language instructor and language level available to you at the requested time within the Virtual Classroom Services. However, availability may be limited, and changes may be required on short notice for significant reasons. TRIDGENT MULTISERVICES LLC may, at its sole discretion, replace a designated language instructor with an equally qualified instructor at any time before the start of a Virtual Classroom session, without needing to provide a reason.
6.8 The content, scope, time, and duration of a Virtual Classroom session are specified on the TRIDGENT MULTISERVICES LLC website or in the TRIDGENT MULTISERVICES LLC application. TRIDGENT MULTISERVICES LLC may adjust and/or supplement the content and scope of a Virtual Classroom session at any time and in a relevant manner, in compliance with applicable law and in your interest. Article 2.2 applies.
6.9 TRIDGENT MULTISERVICES LLC and the language instructor are free to determine, at their sole discretion, the specific content and/or structure of any Virtual Classroom session. For Individual Sessions, TRIDGENT MULTISERVICES LLC will, to the extent possible, accommodate your requests regarding specific content and/or session design. Each Virtual Classroom session may include up to five (5) minutes of administrative activities (such as setting assignments or preparing notes).
6.10 The TRIDGENT MULTISERVICES LLC Live Student Code of Conduct in Virtual Classroom sessions (“TRIDGENT MULTISERVICES LLC Live Code of Conduct”) is an integral part of these Terms and any Order for Virtual Classroom Services. By reserving and participating in a Virtual Classroom session, you agree to adhere to and be bound by the applicable TRIDGENT MULTISERVICES LLC Live Code of Conduct, which may be updated by TRIDGENT MULTISERVICES LLC at any time. You must respect the TRIDGENT MULTISERVICES LLC Live Code of Conduct at all times. TRIDGENT MULTISERVICES LLC is not responsible for the conduct of other users participating in Virtual Classroom sessions.
6.11 TRIDGENT MULTISERVICES LLC and/or the language instructor may exclude you from a Virtual Classroom session at any time if you behave inappropriately, particularly if you violate applicable laws and/or the TRIDGENT MULTISERVICES LLC Live Code of Conduct. To ensure a high-quality learning experience, TRIDGENT MULTISERVICES LLC and/or the language instructor may exclude you from a Virtual Classroom session if your behavior disrupts the constructive learning environment (e.g., by lacking responsiveness during a session or participating in a non-constructive manner).
6.12 To prevent disruptions in Virtual Classroom sessions, your access to a Virtual Classroom session may be denied by TRIDGENT MULTISERVICES LLC and/or the language instructor if you join a Virtual Classroom session more than ten (10) minutes after the scheduled start time.
6.13 TRIDGENT MULTISERVICES LLC may cancel any Virtual Classroom session without providing a reason up to twenty-four (24) hours before the scheduled start time. In the case of illness of the designated language instructor or for situations specified in Article 18.7, TRIDGENT MULTISERVICES LLC may cancel any Virtual Classroom session less than twenty-four (24) hours before the scheduled start time. In such cases, TRIDGENT MULTISERVICES LLC will be relieved of its obligation to provide the relevant Virtual Classroom Services.
6.14 To cancel a Virtual Classroom session, you must do so via your User Account.
6.15 If (a) you cancel a reserved Virtual Classroom session less than twenty-four (24) hours before the scheduled start time, or if (b) you do not attend all or part of a Virtual Classroom session, you must pay TRIDGENT MULTISERVICES LLC an indemnity as defined in the TRIDGENT MULTISERVICES LLC Live Code of Conduct. In either case, you are free to demonstrate that TRIDGENT MULTISERVICES LLC suffered no or significantly less damage than the indemnity payable. TRIDGENT MULTISERVICES LLC reserves the right to claim further damages. TRIDGENT MULTISERVICES LLC reserves the right to charge a sum to your user account (“Cancellation Fees”) or forfeit all credits used for the relevant Virtual Classroom session. Applicable cancellation fees are specified in the “Cancellation Policy,” which TRIDGENT MULTISERVICES LLC may update at any time.
6.16 You may use the training materials provided by TRIDGENT MULTISERVICES LLC and/or a language instructor in the context of Virtual Classroom Services solely for the purpose of preparing and attending your personal training sessions and for personal information. You may not duplicate, process, distribute, or use the training materials for public reproduction without the prior written consent of TRIDGENT MULTISERVICES LLC. You may not make any video and/or audio recordings of Virtual Classroom sessions, nor allow others to do so.
7. Maintenance and Support for Paid Services
7.1 Subject to your payment of Fees, TRIDGENT MULTISERVICES LLC provides Maintenance and Support for Paid Services under the conditions specified in the Order. “Support” refers to TRIDGENT MULTISERVICES LLC’s obligation to make commercially reasonable efforts to respond to your reasonable support requests regarding Paid Services by resolving issues and providing assistance within a reasonable time. “Maintenance” refers to TRIDGENT MULTISERVICES LLC’s obligations regarding Paid Services concerning error resolution, bug fixes, and provision of updates and upgrades generally offered by TRIDGENT MULTISERVICES LLC at its sole discretion.
7.2 TRIDGENT MULTISERVICES LLC provides Support by email at contact@tridgent.com or any other email address TRIDGENT MULTISERVICES LLC may periodically provide and/or through live chat on the TRIDGENT MULTISERVICES LLC website and/or via phone numbers listed on the TRIDGENT MULTISERVICES LLC website, in each case at a minimum from Monday to Friday during regular business hours in locations where TRIDGENT MULTISERVICES LLC operates service centers.
7.3 TRIDGENT MULTISERVICES LLC shall make reasonable efforts consistent with industry standards to provide Maintenance for Paid Services in a way that minimizes errors and interruptions in the Services. You may report any errors to TRIDGENT MULTISERVICES LLC via contact@tridgent.com or any other email address TRIDGENT MULTISERVICES LLC may periodically provide and/or via live chat on the TRIDGENT MULTISERVICES LLC website. TRIDGENT MULTISERVICES LLC will make commercially reasonable efforts to timely resolve reported errors, provided that (a) you supply TRIDGENT MULTISERVICES LLC with a detailed description of the error and its reproducibility, and (b) the error’s priority is reasonably determined by TRIDGENT MULTISERVICES LLC at its sole discretion.
8. Availability of Paid Services
8.1 Subject to payment of Fees, TRIDGENT MULTISERVICES LLC provides you with Paid Services in accordance with this Article 8.
8.2 TRIDGENT MULTISERVICES LLC shall make reasonable efforts to ensure that Paid Services are available to you via the Internet no less than ninety-nine point five percent (99.5%) of the time per calendar year (based on twenty-four (24) hours a day and seven (7) days a week), excluding (a) any temporary unavailability due to scheduled or unscheduled Maintenance and (b) any unavailability due to causes beyond TRIDGENT MULTISERVICES LLC’s control. TRIDGENT MULTISERVICES LLC will endeavor, to the extent possible, to provide advance notice of any scheduled service interruptions.
8.3 You acknowledge that access to Paid Services on your end (such as Internet access) cannot be guaranteed and that TRIDGENT MULTISERVICES LLC cannot be held liable for deficiencies in your Internet connection or System.
9. Fees, Payment Terms, Compensation Restrictions
9.1 You must pay the Fees associated with Paid Services as specified in the Order according to its terms (“Fees”). As per the Order, TRIDGENT MULTISERVICES LLC may provide Paid Services either (a) on a subscription basis (“Subscription Paid Services”); or (b) on a credit basis (“Credits”) that are either included in a Services Order or purchased in a separate Order (“Credit-Based Paid Services”); or (c) based on different fee structures.
9.2 For Credit-Based Paid Services, any unused Credits will expire either (a) twelve (12) months after the purchase date of the credits, or (b) upon termination or expiration of the relevant Order, whichever occurs first. Credits are non-refundable, non-transferable, and no interest accrues on them.
9.3 During the Service Renewal Period, the applicable billing rate for the Initial Service Period continues to apply, and TRIDGENT MULTISERVICES LLC may change the Fees for upcoming Service Renewal Periods with at least thirty (30) days’ prior notice before the end of the Initial Service Period or before such changes become effective.
9.4 You must pay the Fees using one of the payment methods offered on the TRIDGENT MULTISERVICES LLC website, or, if the Order is through a third-party provider (e.g., Apple App Stores, Google Play Store), using the payment methods offered by those third-party providers.
9.5 TRIDGENT MULTISERVICES LLC may invoice its services via electronic invoice, in which case TRIDGENT MULTISERVICES LLC requires full payment within thirty (30) days after the invoice date.
9.6 After notifying you in writing (a simple email suffices), TRIDGENT MULTISERVICES LLC may suspend your access to Paid Services in accordance with applicable law if TRIDGENT MULTISERVICES LLC has not received payment within fourteen (14) days of the invoice due date.
9.7 You may offset your claims against TRIDGENT MULTISERVICES LLC’s claims only to the extent that your claims have been (a) conclusively determined by a court, (b) are uncontested, or (c) have been acknowledged by TRIDGENT MULTISERVICES LLC.
10. Duration and Termination
10.1 Any Order will commence on the date indicated therein.
10.2 Any Order for Free Services will remain in effect for an indefinite period unless terminated in accordance with the Order, including these Terms (“Free Period”). You or TRIDGENT MULTISERVICES LLC may terminate any Order for Free Services for convenience at any time with immediate effect.
10.3 Unless otherwise agreed, any Order for Paid Services will remain in effect for an initial period as specified in the Order (“Initial Service Period”). At the end of the Initial Service Period, the contractual terms of the Order will automatically and continually renew for an indefinite period (“Service Renewal Period”), unless TRIDGENT MULTISERVICES LLC or you terminate it at any time (a) with a notice period of seven (7) days before the end of the Initial Service Period for Virtual Classroom Services or (b) with a written notice period of forty-eight (48) hours before the end of the Initial Service Period for Paid Services other than Virtual Classroom Services, each effective at the end of the Initial Service Period. You may not terminate an Order for Paid Services for convenience before the end of the Initial Service Period. During the Service Renewal Period, any Order may be terminated by either TRIDGENT MULTISERVICES LLC or you at any time with one month’s notice. In the event of termination before the end of a billing cycle, TRIDGENT MULTISERVICES LLC will reimburse you for the Service Fees on a pro-rata basis concerning the remaining duration of the billable period.
10.4 The right of both TRIDGENT MULTISERVICES LLC and yourself to terminate an Order immediately for a valid reason remains unaffected. Such a valid reason exists for either party if the other party commits a material breach of the Order and fails to remedy this breach within thirty (30) days of receiving written notice thereof (an email suffices). Valid grounds for TRIDGENT MULTISERVICES LLC include, if (a) you are more than forty-five (45) days overdue on payment; (b) you violate the usage restrictions set forth in Article 4; (c) you violate the TRIDGENT MULTISERVICES LLC Live Code of Conduct; or (d) you cease due payments or experience a significant deterioration in your financial standing. A material change in Paid Services, as specified in Article 2.1, also constitutes a valid reason for termination.
11. Limited Warranty for Paid Services
11.1 You represent and warrant that you have verified that the specifications of the Services, as described in the Documentation, meet your needs and expectations. You acknowledge the essential features and functionalities of the Services. The scope, nature, and quality of the Services are determined by these Terms, the Order, and the Documentation. Any additional information or requirements are only part of the Order if agreed in writing between you and TRIDGENT MULTISERVICES LLC. Product descriptions, illustrations, trial programs, etc., do not constitute warranties or agreements on certain specifications. For a warranty to be valid, an agreement on it must be confirmed in writing by a TRIDGENT MULTISERVICES LLC officer.
11.2 TRIDGENT MULTISERVICES LLC will provide the Services in accordance with the Documentation. Any claim for damages due to breach of this warranty is subject to the limitations outlined in Article 18.
11.3 You have no right to obtain the source code of the Services for any reason.
12. Ownership Rights, User Data
12.1 TRIDGENT MULTISERVICES LLC and its suppliers hold and retain all ownership rights, including copyright, database rights, patents, trade secrets, trademarks, and all other intellectual property rights and technical solutions related to the Services, including educational content and teaching methods. You acknowledge that the rights granted under any Order do not confer title or ownership of the Services.
12.2 You retain all rights, title, and interest in and to your data and its content, as well as any data based on or derived from your data and its content. You grant TRIDGENT MULTISERVICES LLC a non-exclusive, non-transferable, worldwide, unlimited, and non-sublicensable right and license to use your data and any content solely in the course of providing the Services. If necessary for Service delivery, TRIDGENT MULTISERVICES LLC may transfer your data to third-party service providers in accordance with TRIDGENT MULTISERVICES LLC’s privacy policy. TRIDGENT MULTISERVICES LLC assumes no responsibility for your data or its content.
13. Data Privacy
The processing of personal data by TRIDGENT MULTISERVICES LLC is described in TRIDGENT MULTISERVICES LLC’s privacy policy.
14. Indemnification
14.1 Without prejudice to any other liability you may incur under contract or law, you will indemnify and hold harmless, at your expense, TRIDGENT MULTISERVICES LLC and its Affiliates, employees, subcontractors, suppliers, and resellers against any third-party claim insofar as this claim arises from or is related to a breach of Article 4 or a violation of the TRIDGENT MULTISERVICES LLC Live Code of Conduct by you or your use of the Services. You will assume all costs and pay any damages awarded to TRIDGENT MULTISERVICES LLC by a competent court as a result of such a claim. “Affiliate” means any entity that, directly or indirectly, controls, is controlled by, or is under common direct or indirect control with TRIDGENT MULTISERVICES LLC, or is a wholly-owned subsidiary of TRIDGENT MULTISERVICES LLC. “Control” means direct or indirect ownership of at least fifty-one percent (51%) of the shareholdings or other equity interests of an entity.
14.2 For any indemnification request under this Article 17, TRIDGENT MULTISERVICES LLC must promptly inform you of any claim that, in TRIDGENT MULTISERVICES LLC’s opinion, falls under the indemnity obligation, provided that a failure to notify does not relieve you of your obligations under this Article 17 unless such failure materially impairs your defense against the claim. TRIDGENT MULTISERVICES LLC may assist in the defense at its own expense and discretion, but you retain control over the defense and any settlement negotiations regarding such a claim. Any settlement intended to bind TRIDGENT MULTISERVICES LLC will not be final without TRIDGENT MULTISERVICES LLC’s written consent, which may not be unreasonably withheld, conditioned, or delayed.
14.3 TRIDGENT MULTISERVICES LLC, at its expense, agrees to defend you (or, at TRIDGENT MULTISERVICES LLC’s discretion, to settle) against any third-party claim, to the extent that this claim alleges that the Services infringe or misappropriate a patent, copyright, trademark, or trade secret of a third party. TRIDGENT MULTISERVICES LLC agrees to pay any costs and damages awarded to you by a competent court following such a claim. If the use of the Services is the subject of such a claim or TRIDGENT MULTISERVICES LLC believes it is likely to become so, TRIDGENT MULTISERVICES LLC may, at its discretion and expense, (a) replace the affected Services with non-infringing technology of equivalent functionality, (b) obtain a license for you to continue using the affected Service, or (c) terminate all or part of the Order, if applicable, and refund the pro-rated Fees paid in advance for the affected Services (starting from the termination date).
14.4 Article 16.3 will not apply (a) if the Services are modified by you or by a third party on your behalf, (b) if the Services are combined with other products, applications, or processes not owned by TRIDGENT MULTISERVICES LLC, but only to the extent the alleged infringement arises from such combination, or (c) in case of unauthorized use of the Services.
14.5 Your rights under this Article 16 constitute your sole remedy in the event of any claim of intellectual property infringement or misappropriation of third-party trade secrets.
15. Limitation of Liability
15.1 TRIDGENT MULTISERVICES LLC will not be liable for any damage resulting from a failure to meet a non-essential obligation due to TRIDGENT MULTISERVICES LLC’s slight negligence, its legal representatives, or agents. TRIDGENT MULTISERVICES LLC’s liability for its slight negligence will be limited (i) to a breach of an essential obligation (fundamental obligations that form the essence of the Order and performance you are entitled to expect), (ii) to breaches that would compromise the Order’s objective, and (iii) on which you may ordinarily rely.
15.2 In case of a breach of such an essential obligation, TRIDGENT MULTISERVICES LLC will only be liable for foreseeable, direct, and contractual damages. This limitation also applies to breaches of obligations by TRIDGENT MULTISERVICES LLC’s legal representatives or agents. Personal liability of TRIDGENT MULTISERVICES LLC’s legal representatives, agents, and employees for damages they have caused through slight negligence is excluded.
15.3 The total liability of TRIDGENT MULTISERVICES LLC arising from or in connection with an Order, whether contractual, tortious, or otherwise, will not exceed a sum equal to one hundred fifty percent (150%) of the total Fees paid or payable by you under the relevant Order.
15.4 The limitations outlined do not apply in cases of (i) contractual warranty given by TRIDGENT MULTISERVICES LLC, (ii) harm to life, body, or health, (iii) liability due to intentional concealment of defects, or (iv) liability under German Product Liability Law (ProdHaftG).
15.5 TRIDGENT MULTISERVICES LLC is only responsible for data loss up to the typical recovery costs that would have been incurred had you taken appropriate and regular data backup measures.
15.6 TRIDGENT MULTISERVICES LLC does not guarantee your progress in language learning or actual acquisition of a language through use of the Services.
15.7 Neither TRIDGENT MULTISERVICES LLC nor you shall be liable for failure or delay in fulfilling the Order, including these Terms, to the extent such failure or delay is caused by force majeure, i.e., events beyond reasonable control that occur without any fault or negligence on either part.
16. Right of Withdrawal
16.1. Withdrawal: In accordance with legal provisions, online courses and training are not eligible for withdrawal once digital content is delivered or accessible. Consequently, the user waives their right of withdrawal once they access the services or download a course.
16.2. Subscription Termination: The user may cancel their subscription at any time via their personal account. The termination will take effect at the end of the current period. No refunds will be issued for periods that have already started.
16.3. Termination by Seller: The Seller reserves the right to suspend or terminate a subscription without notice in the event of a breach of these Terms or the Site’s terms of use by the user.
17. Assignment
17.1 TRIDGENT MULTISERVICES LLC may assign all or part of an Order and/or any associated rights to a third party, provided that this assignment does not impair your rights under said Order.
17.2 Upon request from TRIDGENT MULTISERVICES LLC, you shall promptly enter into a novation agreement with a third party for any Order to enable TRIDGENT MULTISERVICES LLC to exercise its rights as specified in Article 17.1.
17.3 You may not assign any of your rights or obligations under an Order or these Terms without the prior written consent of TRIDGENT MULTISERVICES LLC, except for payment claims.
18. Entire Agreement
18.1 The Order, including these Terms, represents the entire agreement between you and TRIDGENT MULTISERVICES LLC concerning its subject matter and replaces all prior negotiations and agreements between you and TRIDGENT MULTISERVICES LLC relating to the subject matter, whether written or oral.
18.2 If any provision or part of a provision of the Order, including these Terms, is or becomes ineffective or invalid, the effectiveness and validity of the other provisions shall not be affected. The ineffective or invalid provision will be replaced by a provision that closely aligns with the initial provision’s intention and purpose of the Order. If the ineffectiveness or invalidity of a provision is based on a specified performance level or time frame (fixed period or date), the ineffective or invalid level or timeframe will be replaced by the level or timeframe closest to the original in legal terms. The above also applies to any possible omission in the Order, including these Terms.
18.3 Without prejudice to Article 19, modifications or additions to any Order must be mutually agreed upon in writing to be valid (a simple email exchange suffices). The same applies to any agreement intended to deviate from or waive this written form requirement, as provided for in clause 18.3.
19. Revision of these Terms
19.1 TRIDGENT MULTISERVICES LLC may periodically modify and/or update these Terms for existing Orders, effective prospectively, for technical, economic, or legal reasons. Any revision of these Terms will be announced to you by appropriate means depending on the circumstances, such as by posting a notification, requesting your agreement with the Services, or sending you an email at least six (6) weeks before the proposed effective date. You may approve or object to the revision before the proposed effective date. The revision will be deemed accepted by you unless you object before the proposed effective date. TRIDGENT MULTISERVICES LLC will explicitly inform you of this in the notice.
19.2 TRIDGENT MULTISERVICES LLC may periodically amend and/or update these Terms for future Orders at any time, for any reason, and without prior notice.
20. Applicable Law and Consumer Dispute Resolution
20.1 Any Order and any difficulty, dispute, or claim (whether contractual or non-contractual) arising from or in connection with it or its subject matter or formation will be governed and interpreted in accordance with the laws of the United States, excluding any conflict of law provisions. The mandatory laws of your usual country of residence (i.e., the provisions of that country’s law that cannot be derogated by agreement) remain applicable in all cases.
20.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
20.3 TRIDGENT MULTISERVICES LLC is neither obliged nor willing to participate in dispute resolution proceedings before the European Commission or any other consumer arbitration board.
For any questions regarding these Terms, please contact us:
TRIDGENT MULTISERVICES LLC
Address: Central Ave, Phoenix, Arizona 85012, USA
Email: contact@tridgent.com
Done in Phoenix, Arizona, on August 15, 2024.