Duolingo can change the terms at any time, and just updating the date on the document counts as notice — continuing to use the app means you agree to the new terms.
This analysis describes what Duolingo's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause establishes the mechanism by which the service provider can unilaterally alter the contractual agreement. It creates a binding effect through continued service use rather than requiring affirmative consent to modifications.
Interpretive note: GDPR may require affirmative re-consent for material changes affecting data processing for EU users; the adequacy of the date-change-only notice mechanism may vary by jurisdiction and the materiality of the change.
Duolingo may change the rules governing your use of the platform at any time, and your continued use after the change constitutes acceptance, even if you were not directly notified.
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"We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by revising the date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review these Terms periodically. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.— Excerpt from Duolingo's Duolingo Terms of Service
REGULATORY LANDSCAPE: The 'continued use as acceptance' mechanism is common in U.S. technology terms but faces increasing regulatory scrutiny. GDPR requires a clear affirmative consent mechanism for material changes affecting data processing; passive acceptance through continued use may not constitute valid consent for EU users under GDPR's consent requirements. The FTC has flagged concerns about inadequate notice of material terms changes as a potential unfair or deceptive practice. GOVERNANCE EXPOSURE: Medium. The notice mechanism (revising the date and optional additional notice) is minimal relative to the potential materiality of changes, particularly where changes affect arbitration, data use, or financial terms. This creates consumer protection exposure in jurisdictions with stronger notice requirements. JURISDICTION FLAGS: EU users may require affirmative re-consent for material changes to data processing terms under GDPR. California's consumer protection framework may require more robust notice for material terms changes. The adequacy of notice may be a factor in determining whether specific changed terms are enforceable. CONTRACT AND VENDOR IMPLICATIONS: Institutional licensees should monitor the Terms page and establish internal processes to review any posted changes, as the standard notice mechanism (date change only) may not trigger automatic alerts. Enterprise agreements should negotiate direct, written notice requirements for material changes. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the minimal notice mechanism is consistent with GDPR consent requirements for EU users, evaluate whether an opt-in mechanism is warranted for material changes, and implement monitoring processes to capture terms changes given the date-only notice default.
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This clause establishes the mechanism by which the service provider can unilaterally alter the contractual agreement. It creates a binding effect through continued service use rather than requiring affirmative consent to modifications.
Duolingo may change the rules governing your use of the platform at any time, and your continued use after the change constitutes acceptance, even if you were not directly notified.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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