Duolingo can change these terms at any time. If you keep using the app after changes are made, you are treated as having agreed to the new terms, even if you did not read them.
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 contractual relationship between Duolingo and users can be modified without requiring affirmative agreement to each change. It creates a procedure where notice and continued access function as acceptance, allowing the service provider to alter governing terms prospectively.
Interpretive note: Enforceability of implied acceptance through continued use varies by jurisdiction, particularly for material changes to dispute resolution or data processing terms in EU and UK contexts.
Users who continue using Duolingo after a terms update are treated as accepting the new terms; the only way to reject updated terms is to stop using the service entirely.
How other platforms handle this
We may modify these Terms from time to time. When we make material changes to these Terms, we will notify you by updating the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your ...
"Content" means anything you or your Customers create or make available through the Service in connection with your Account, including your intellectual property (e.g. trademarks, trade names, service marks, and copyrighted works); the products or services you offer (e.g., courses, coaching, members...
By posting, uploading, inputting, providing or submitting your Content you grant Kit, its affiliated companies and necessary sublicensees permission to use your Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, trans...
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"We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the 'Last Updated' date at the beginning of these Terms. Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our Services.— Excerpt from Duolingo's Duolingo Terms of Service
(1) REGULATORY LANDSCAPE: Unilateral modification clauses in consumer contracts may interact with the EU Unfair Contract Terms Directive and the UK Consumer Rights Act 2015, which may require that changes to material terms require affirmative consent rather than implied acceptance through continued use. The FTC Act's prohibition on unfair or deceptive practices is relevant where material changes are not adequately disclosed. GDPR may require affirmative re-consent for certain types of data processing changes for EEA users. (2) GOVERNANCE EXPOSURE: Medium. The notification mechanism is described broadly as email, in-app notice, or a date change on the document, with no minimum notice period specified. The absence of a mandatory advance notice period before changes take effect is operationally notable for provisions that materially affect user rights. (3) JURISDICTION FLAGS: EU and UK users may have stronger protections under unfair contract terms legislation requiring meaningful notice and consent for material changes. California and other US states with active consumer protection enforcement may scrutinize notice-by-date-change as insufficient for material modifications. (4) CONTRACT AND VENDOR IMPLICATIONS: Institutional purchasers relying on Duolingo for training or education programs should assess the risk that terms may change materially without advance notice or a minimum notice period. Enterprise procurement should seek contractual protections with defined notice periods. (5) COMPLIANCE CONSIDERATIONS: Legal teams should monitor Duolingo's terms for material changes, establish an alert process for 'Last Updated' date changes, and evaluate whether the implied consent mechanism is enforceable in relevant jurisdictions for specific categories of changes, particularly those affecting data processing or dispute resolution.
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This clause establishes the mechanism by which the contractual relationship between Duolingo and users can be modified without requiring affirmative agreement to each change. It creates a procedure where notice and continued access function as acceptance, allowing the service provider to alter governing terms prospectively.
Users who continue using Duolingo after a terms update are treated as accepting the new terms; the only way to reject updated terms is to stop using the service entirely.
ConductAtlas has identified this type of provision across 63 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Duolingo.