The following are the contract conditions governing the use of the website and the provision of the services available on the website https://fenixarc.com/ (hereinafter the "Website") offered to users worldwide (hereinafter the USERS) through the available mobile applications (hereinafter the "APPS").

These services consist of providing USERS, in a simple and fast manner and as often as they choose, through mobile applications, access to English learning content and tools (hereinafter the "SERVICES") in exchange for consideration given by USERS.

Access to the Website or its use by the USER, as well as the contracting of the services offered in the APPS, necessarily implies, without reservation, that the USER:

• Has read, understood and accepted the CONTRACT CONDITIONS.
• Is a person with sufficient capacity to enter into contracts.
• Assumes all obligations and accepts these conditions.

Therefore, before using and/or contracting the SERVICES, it is recommended that you carefully read the CONTRACT CONDITIONS and, if in doubt, you can raise any questions via email at support@fenixarc.com.

These CONTRACT CONDITIONS shall remain in force for an indefinite period while the contracted services are used and shall apply to all contracts for the SERVICES.

The SERVICES are constantly being improved; therefore, these CONTRACT CONDITIONS will be modified and updated continuously, and will be published and duly notified to USERS, who may accept the modifications and/or reject them by cancelling the contracted SERVICES, where applicable.

The owner of the Website and the APPS and the company responsible for the SERVICES offered therein is Fenix Arc.

Contact information: support@fenixarc.com.

For any questions the USER may have regarding the CONTRACT CONDITIONS, they may contact Fenix Arc using the contact details provided above or, where applicable, using the various contact methods available on the Website or APPS.

The contracting of the SERVICES offered by Fenix Arc shall only be carried out through the APPS, and may therefore be carried out by the USER who has downloaded and used the APPS available free of charge on Google Play Store (Android) and Apple Store (iOS) (hereinafter "app stores"), which can also be accessed through the various links available on the website (https://fenixarc.com/).

The USER declares that they are of legal age and have the legal capacity to enter into contracts through the APPS. If you detect or become aware that a minor has contracted any of the SERVICES offered in the APPS, please notify us as soon as possible at the email address support@fenixarc.com so that we can take the appropriate measures.

The USER may, at their discretion, contract the desired services with Fenix Arc in any of the languages in which these CONTRACT CONDITIONS are available on the APPS. In the event of any discrepancy between the text of these conditions and any translation thereof, the English version shall prevail in all cases.

The purpose of this contract is to regulate the contractual relationship between Fenix Arc and the USER and/or the contract conditions for contracting the SERVICES, from the moment the USER accepts them during the online contracting process by ticking the corresponding box.

The contractual relationship entails the delivery and/or access through the APP, in exchange for a specific and publicly stated price, of English learning content and tools including but not limited to vocabulary learning, pronunciation practice, grammar exercises, and other educational materials related to English language acquisition.

The SERVICES may be contracted by any natural person after downloading the APPS from Google Play Store (Android) or App Store (iOS).

These conditions shall apply to the USER, as well as the conditions established by each of the app stores and all those relating to consumer protection regulations in each of the USER's countries and territories.

To contract the SERVICES offered in the APPS, the USER must be of legal age and register at one of the app stores where the APPS are available (Google Play Store or App Store).

The USER may use the search engine of those app stores to find the apps they want and download them to their device. They may also access the download via the links available on the Website that redirect to those app stores.

Once the application has been downloaded, when launching it for the first time, the USER will be asked to answer, on an optional basis, some questions related to general data linked to the application they have chosen.

All this information can be modified at any time and at the USER's discretion through the corresponding settings panel available in each of the APPS.

Once the basic questions have been completed, the USER has access to a free version with limited content, which they can use to check whether the applications are suitable for their needs.

To enjoy all the content of the selected application, the USER may choose to subscribe to the Premium version through the different payment plans available which, depending on the selected application, may be monthly, annual or lifetime and may be paid through the various payment options offered by the app stores (credit or debit card, PayPal, etc.) depending on the device used by the USER to download the application.

Therefore, the USER must read and accept the contract conditions provided by each of the aforementioned download platforms at the following links:

• Google Play Store
• App Store

As well as the contract conditions of the payment options offered by each of these app stores:

• Google Play Store via Google Pay/Google Payments service
• App Store via Apple Pay

Fenix Arc will inform the USER prior to contracting the service, through the online store and in the APPS themselves, of the price of the available SERVICES, as well as whether VAT will be applied to said price.

Unless expressly stated otherwise, these prices do not include communication costs or any other additional services or accessories to the service purchased.

The prices applicable to each service are those published in the APPS and will be expressed in EURO and/or DOLLAR.

The USER accepts that the economic value of some of the SERVICES may vary in real time without affecting those services already contracted.

Before making your purchase, you can consult all the details of the quote online: services, quantities, price, charges, discounts, taxes and the total amount of the purchase.

7.1 Choice of service

If the USER has opted for paid services, they may choose the rate that best suits their needs and, to this end, may choose, depending on the application selected, from the following rates offered by Fenix Arc through its APPS:

• Monthly
• Annual

7.2 Payment methods and security

The USER can pay for their order using any of the options offered by the app stores (credit or debit card, PayPal, etc.). Therefore, we do not have access to payment information and, consequently, we do not store it.

The contract conditions of the payment options offered by Google Play Store through the Google Pay/Google Payments service are governed by the following terms of service: terms and privacy.

The contract conditions of the payment options offered by the App Store through the Apple Pay service are governed by the following terms of service and privacy policy.

7.3 Applicable taxes

All prices offered are final prices, however, they may vary depending on the offers and/or discounts associated with each service. Where applicable, the USER will be duly informed of any changes in price, always before contracting.

Unless a different amount is specified at the time of contracting, the total price of each type of service contracted may vary depending on the VAT applicable to the purchasing USER, the purchaser being understood as the natural person who purchases or contracts any of the SERVICES through the Fenix Arc APPS.

For the purposes of applying taxes, the domicile or habitual residence of the recipient of the electronic services shall be taken into account.

Fenix Arc informs the USER that at all times and prior to contracting the service, they will be informed via the platform of the amount corresponding to said VAT, if applicable, and that this will be reflected in the contract summary and/or specific conditions that will be sent to them.

7.4 Price changes

The USER is informed that Fenix Arc reserves the right to modify prices at any time.

When purchasing a subscription, you will initially be charged the rate in force at the time of subscription. If the subscription price increases at a later date, Fenix Arc will notify you. This increase will apply to the next payment after notification, provided that at least 15 days' notice has been given. If less than 15 days' notice is given, the increase will apply to the next payment after the due date.

If you do not wish to apply the price increase for a subscription, you may cancel it by following the procedure described in section 8. Duration of service. No additional charges will apply, provided that you notify us of the cancellation before the end of the current billing period. If you cancel and decide to resubscribe at a later date, you will be charged the price in effect at the time of the new subscription.

7.5 Billing

Once payment has been made, the corresponding invoice or proof of purchase will be issued, containing the information corresponding to the service contracted by the USER.

All payments made to Fenix Arc will result in an invoice being issued in the name of the USER indicated when placing the order. This invoice will be sent in PDF format to the email address provided by the USER, provided that they have given their express consent to do so, informing them that they may revoke this consent at any time by notifying Fenix Arc by any of the means made available to them.

Likewise, the USER may access receipts, purchase history and purchase details in each app store. To access this information, please refer to the following links:

• App Store
• Google Play Store

The USER is also informed that communications, purchase orders and payments involved in transactions carried out on the APPS may be filed and stored in Fenix Arc's computer records for the purpose of providing proof of the transactions, in all cases complying with reasonable security conditions and the regulations in force in each case, in particular those relating to consumer protection and personal data protection.

The duration of the service will always be for the period selected by the USER and will also be paid for in the manner and form chosen.

Upon subscription, the USER obtains continuous access to the content of the SERVICES, unless they cancel their subscription. Subscriptions are charged automatically at the beginning of each billing period (monthly, annual or lifetime); if you have opted for a lifetime subscription, the charge will be made once only. In all cases, the charge will be made no later than 24 hours before the start of each billing period.

Trial period

When you subscribe to paid content, you will be offered a three-day trial period to enjoy the benefits of the subscription at no cost. After that time, you will be charged for the subscription until you cancel it. To avoid such charges, you must cancel before the end of the trial period. Once the trial period is cancelled, you will immediately lose access to the content and privileges of the subscription.

Cancellations

A subscription may be cancelled at any time during the applicable billing period. The cancellation will take effect and become effective from the next billing period. For example, if you sign up for a monthly subscription, you may cancel at any time during any month. The cancellation of the subscription will take effect at the end of the then-current billing period.

Current legislation grants USERS the right to automatically withdraw from contracts for the purchase and/or subscription to digital content. However, the services provided by Fenix Arc begin to be performed at the moment the USER makes the payment through the chosen app store and automatically accesses the content of the SERVICES; therefore, it is not possible to exercise this right of withdrawal. In this regard, the USER accepts the above in relation to the right of withdrawal.

The parties shall not be liable for any breach due to force majeure. The performance of the obligation shall be delayed until the force majeure ceases.

All sales made by Fenix Arc are subject to these CONTRACT CONDITIONS.

No modification, alteration or agreement contrary to the Commercial Proposal of Fenix Arc or the provisions thereof shall be effective unless expressly agreed by Fenix Arc, in which case these particular agreements shall prevail.

Fenix Arc reserves the right to modify the specifications of the information provided in its advertising, provided that this does not affect the value of the services offered, due to continuous technical advances and improvements to the same. These changes shall also apply in the event that, for any reason, the possibility of providing the services offered is affected.

All SERVICES offered in Fenix Arc APPS are certified and guaranteed.

The SERVICES offered shall be deemed to comply with the CONTRACT CONDITIONS provided that they meet all the requirements set out below:

• In accordance with the description provided by Fenix Arc and possessing the qualities that Fenix Arc has presented to the USER in the form of a sample or model.
• Be suitable for the purposes for which the SERVICES offered of the same type are normally intended.
• They are suitable for any special use required by the USER when brought to the attention of Fenix Arc, provided that Fenix Arc has accepted that the SERVICE is suitable for such use.
• They shall be of the usual quality and performance of a SERVICE of the same type that the USER may expect, taking into account the nature of the SERVICE.

If it is found that the SERVICE does not comply with the established specifications, Fenix Arc shall, where appropriate, repair, replace, reduce the price or terminate the contract at no cost to the USER.

USERS must comply with the following obligations:

• The USER must make proper use of the APPS and SERVICES offered by Fenix Arc without contravening current legislation or harming the rights and interests of third parties.
• The USER must ensure that the data provided when registering in the app stores is correct, truthful and accurate, exempting Fenix Arc from any liability that may arise from errors in the data.
• The USER must be of legal age in their territory of residence.
• The USER must duly comply with the TERMS OF USE AND PRIVACY POLICIES applicable to the SERVICES offered by Fenix Arc in accordance with the downloaded application(s).
• The USER is also responsible for the use of their USER profile and password to access the app stores and must undertake to use them with due diligence. In the event of loss, theft or possible access by an unauthorized third party, they must immediately notify the app stores so that they can take the appropriate measures.
• Only the contracting USER may use the SERVICES offered by Fenix Arc and may not make them available to third parties.
• The USER may not misuse the SERVICES offered by Fenix Arc in any way.
• The USER must use the SERVICES reasonably and in accordance with the intended purpose of the selected application. Fenix Arc reserves the right, at its sole discretion, to temporarily or permanently limit, suspend, or interrupt access to the SERVICES in the event of excessive or automated use, or use that may affect the performance of the platform or the experience of other USERS.
• It is the USER's responsibility to inform third parties with whom they interact through Fenix Arc about the use of the APPS, these CONTRACT CONDITIONS, the TERMS OF USE and the PRIVACY POLICY of the APPS, in order to comply with applicable data protection legislation when acting as Data Controller or Data Processor. In accordance with the above, Fenix Arc shall not be liable for any consequences that may arise from such breach.

Breach of any of these conditions may result in the immediate withdrawal or cancellation of the SERVICES by Fenix Arc without the USER being entitled to claim any compensation.

Fenix Arc shall be responsible for:

• Providing the service in the manner and according to the characteristics offered through the APPS and as established in these CONTRACT CONDITIONS in accordance with the SERVICES contracted by each USER.
• Adopting the appropriate security measures, protecting the confidentiality of its USERS' data in accordance with the provisions of this text and other applicable legal policies with the utmost diligence.
• Adopting the security measures that are appropriate both as Data Processor and Data Controller, when appropriate in view of the intervention and purpose of the data processing carried out by the same and established in our PRIVACY POLICY for the APPS and the Website.
• In the event of problems arising that are solely and exclusively attributable to Fenix Arc's systems, Fenix Arc undertakes to do everything possible to resolve them as efficiently as possible, collaborating in whatever way necessary so that the USER can benefit from a rapid solution to the incident.
• It will also be responsible for complying with the provisions of the SPECIFIC CONDITIONS of each SERVICE contracted.

By way of example, Fenix Arc shall not be liable in any case in the event of:

• Fenix Arc is not liable for any damage to the SERVICES offered that may arise from misuse of the same, as well as for acts or omissions by the USER that do not comply with the specifications of each SERVICE or for damage caused by third parties unrelated to Fenix Arc.
• Misuse or abuse by the USER of the information obtained through the SERVICES contracted with Fenix Arc.
• Damage or loss resulting from the use of information extracted from the SERVICES offered by Fenix Arc.
• Errors, faults or anomalies that may arise due to incidents attributable to the USER, problems with the Internet, fortuitous causes or force majeure or any other unforeseeable contingency beyond the good faith of Fenix Arc.
• Errors or damage caused by negligence or bad faith in the use of the SERVICE by the USER.
• The non-operability or problems with the email address provided by the USER for sending documentation, as well as any consequences that may arise from this.
• Fenix Arc cannot be held liable for any failures or incidents that may occur in communications, deletion or incomplete transmissions that may occur as a result of network failures or other situations for which Fenix Arc is not directly responsible, nor can it guarantee that the APPS services will be constantly operational, and it shall be exempt from any liability for any damage that this may cause.
• For any damage that the USER or third parties may cause to the website and the APPS.
• Under no circumstances shall Fenix Arc be liable for the processing of data that has not been previously disclosed or for which the appropriate measures have not been taken when the data controller is a third party; that is, when Fenix Arc acts as Data Processor, although it must comply with its own obligations and responsibilities under the provisions of the applicable regulations regarding data protection.

Fenix Arc may, without prior notice, suspend or terminate the USER's access to its SERVICES, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable law, license, regulation, directive, code of practice or usage policy.

Likewise, and in accordance with current legislation, it is hereby stated that Fenix Arc, although not liable for any damage that may be caused to third parties, will cooperate and notify the competent authority of such incidents as soon as it becomes aware that the damage caused may constitute an illegal activity.

These CONTRACT CONDITIONS and any document expressly referred to in these clauses constitute the entire agreement between the USER and Fenix Arc in relation to the subject matter of the contract and supersede any prior agreement, understanding or promise made by the same parties.

The USER may not assign or transfer the rights, responsibilities and obligations contracted.

If any provision of these CONTRACT CONDITIONS is deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be affected or modified in any way.

The USER declares that they have read, understood and accepted these CONTRACT CONDITIONS in their entirety.

The USER and Fenix Arc acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these CONTRACT CONDITIONS.

The USER agrees that communication with Fenix Arc will be electronic (email or notices posted on the Website).

For contractual purposes, the USER consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Fenix Arc comply with the legal requirements of being in writing. This condition shall not affect the USER's legal rights.

For any disputes that may arise regarding the APPS, content, and SERVICES contracted, the USER and Fenix Arc expressly submit to the applicable regulations and/or jurisdiction, depending on the status of the USER:

In the case of professional USERS and/or entities, both parties submit to the laws and jurisdiction of [Applicable Jurisdiction].

In the case of individual USERS, they shall resolve their disputes in accordance with the applicable legislation and jurisdiction of the USER's particular country.