When you post any content on Duolingo, such as forum posts or profile information, you give Duolingo a permanent, free license to use, copy, modify, and share that content to provide and promote the service.
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
The perpetual and irrevocable nature of this license means Duolingo retains usage rights to user content indefinitely, even after account termination or content deletion. The transferability provision allows Duolingo to assign these rights to third parties, including potential acquirers or business partners.
Interpretive note: The scope of 'in connection with providing and promoting the Service' is not precisely defined, creating ambiguity about whether the license covers AI training or other emerging use cases.
Any content users submit to Duolingo, including forum posts and profile content, is licensed to Duolingo on a permanent, royalty-free basis that survives account deletion; users cannot withdraw this license once granted.
How other platforms handle this
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By submitting or posting content on or through the Service, you grant Starbucks a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution...
By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distrib...
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"By making available any User Content through the Service, you hereby grant to Duolingo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only in connection with providing and promoting the Service.— Excerpt from Duolingo's Duolingo Terms of Service
(1) REGULATORY LANDSCAPE: The provision implicates GDPR Articles 6 and 17 for EEA users, as the perpetual nature of the license may create tension with the right to erasure if content remains in use after a deletion request. The FTC Act is relevant to the extent the license scope could be considered an unfair or deceptive practice if not adequately disclosed at the point of content submission. COPPA is relevant for any content submitted by users aged 13-17, as parental consent considerations apply. (2) GOVERNANCE EXPOSURE: Medium. The license is limited by the terms to use 'in connection with providing and promoting the Service,' which provides some operational constraint. However, the perpetual and irrevocable nature creates ongoing exposure, particularly as the scope of 'promoting the Service' is not precisely defined and could encompass advertising, social media use, or AI-related applications. (3) JURISDICTION FLAGS: GDPR-covered users in the EEA, UK, and Switzerland may have the right to request erasure of their personal data under Article 17, and the interaction between a contractual perpetual license and a statutory erasure right requires legal evaluation. California users may have rights under CCPA to request deletion of personal information, creating similar tension. (4) CONTRACT AND VENDOR IMPLICATIONS: The sublicensable nature of the license means Duolingo can authorize third parties to use user-submitted content, which should be flagged in any vendor or partner assessment. The absence of explicit language excluding content from AI training applications is a due diligence consideration in the current regulatory environment. (5) COMPLIANCE CONSIDERATIONS: Legal teams should map what categories of user-submitted content exist on the platform, assess whether the license disclosure is sufficiently prominent at the point of submission, and evaluate whether the 'promoting the Service' scope could extend to AI model training, which would require evaluation under emerging AI governance frameworks.
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The perpetual and irrevocable nature of this license means Duolingo retains usage rights to user content indefinitely, even after account termination or content deletion. The transferability provision allows Duolingo to assign these rights to third parties, including potential acquirers or business partners.
Any content users submit to Duolingo, including forum posts and profile content, is licensed to Duolingo on a permanent, royalty-free basis that survives account deletion; users cannot withdraw this license once granted.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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